The URL can be used to link to this page

CC 05-07-2024 Searchable PacketCITY OF CUPERTINO CITY COUNCIL AGENDA 10300 Torre Avenue and 10350 Torre Avenue and via Teleconference Tuesday, May 7, 2024 6:00 PM Non-Televised Closed Session (6:00) and Televised Open Session Regular Meeting (6:45) IN-PERSON AND TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION Members of the public wishing to observe the meeting may do so in one of the following ways: 1) Attend in person at Cupertino Community Hall, 10350 Torre Avenue. 2) Tune to Comcast Channel 26 and AT&T U-Verse Channel 99 on your TV. 3) The meeting will also be streamed live on and online at www.Cupertino.org/youtube and www.Cupertino.org/webcast Members of the public wishing to comment on an item on the agenda may do so in the following ways: 1) Appear in person for Closed Session in City Hall, Conference Room C or for Open Session in Cupertino Community Hall. Members of the public may provide oral public comments pertaining to the agenda prior to the beginning of Closed Session and after Roll Call. Members of the public may provide oral public comments during the Open Session as follows: Oral public comments will be accepted during the meeting. Comments may be made during “oral communications” for matters not on the agenda, and during the public comment period for each agenda item. Members of the audience who address the City Council must come to the lectern/microphone, and are requested to complete a Speaker Card and identify themselves. Completion of Speaker Cards and identifying yourself is voluntary and not required to attend the meeting or provide comments. 2) E-mail comments for Closed Session or Open Session by 4:00 p.m. on Tuesday, May 7 to Page 1 1CC 05-07-2024 1 of 266 CC 05-07-2024 1 of 266 City Council Agenda May 7, 2024 the Council at citycouncil@cupertino.org. These e-mail comments will also be forwarded to Councilmembers by the City Clerk’s office before the meeting and posted to the City’s website after the meeting. Members of the public that wish to share a document must email cityclerk@cupertino.org prior to the meeting. 3) Open Session Teleconferencing Instructions To address the City Council, click on the link below to register in advance and access the meeting: Online Register in advance for this webinar: https://cityofcupertino.zoom.us/webinar/register/WN_9BOJFv5PT8GLnicdatAa3A Phone Dial: 669-900-6833 and enter Webinar ID: 972 6237 8809 (Type *9 to raise hand to speak, *6 to unmute yourself). Unregistered participants will be called on by the last four digits of their phone number. Or an H.323/SIP room system: H.323: 162.255.37.11 (US West) 162.255.36.11 (US East) Meeting ID: 972 6237 8809 SIP: 97262378809@zoomcrc.com After registering, you will receive a confirmation email containing information about joining the webinar. Please read the following instructions carefully: 1. You can directly download the teleconference software or connect to the meeting in your internet browser. If you are using your browser, make sure you are using a current and up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain functionality may be disabled in older browsers, including Internet Explorer. 2. You will be asked to enter an email address and a name, followed by an email with instructions on how to connect to the meeting. Your email address will not be disclosed to the public. If you wish to make an oral public comment but do not wish to provide your name, you may enter “Cupertino Resident” or similar designation. Page 2 2CC 05-07-2024 2 of 266 CC 05-07-2024 2 of 266 City Council Agenda May 7, 2024 3. When the Mayor calls for the item on which you wish to speak, click on “raise hand,” or, if you are calling in, press *9. Speakers will be notified shortly before they are called to speak. 4. When called, please limit your remarks to the time allotted and the specific agenda topic. 5. Members of the public that wish to share a document must email cityclerk@cupertino.org prior to the meeting. These documents will be posted to the City’s website after the meeting. ROLL CALL - 6:00 PM 10300 Torre Avenue, Conference Room C CLOSED SESSION 1.Subject: Conference with legal counsel - existing litigation pursuant to Government Code § 54956.9 (City of Cupertino v. Jennifer Chang, Santa Clara County Superior Court Case No. 21CV380291) RECESS CALL TO ORDER - 6:45 PM 10350 Torre Avenue, Community Hall and via Teleconference PLEDGE OF ALLEGIANCE ROLL CALL CLOSED SESSION REPORT CEREMONIAL ITEMS 2.Subject: Recognition of May as Asian American and Pacific Islander Heritage Month Recommended Action: Recognize May as Asian American and Pacific Islander Heritage Month A - Proclamation 3.Subject: Recognition of May as Affordable Housing Month Recommended Action: Recognize May as Affordable Housing Month A - Proclamation POSTPONEMENTS AND ORDERS OF THE DAY ORAL COMMUNICATIONS Page 3 3CC 05-07-2024 3 of 266 CC 05-07-2024 3 of 266 City Council Agenda May 7, 2024 This portion of the meeting is reserved for persons wishing to address the Council on any matter within the jurisdiction of the Council and not on the agenda for discussion, including informational items. The total time for Oral Communications will ordinarily be limited to one hour. Individual speakers are limited to three (3) minutes. As necessary, the Chair may further limit the time allowed to individual speakers, or reschedule remaining comments to the end of the meeting on a first come first heard basis, with priority given to students. In most cases, State law will prohibit the Council from discussing or making any decisions with respect to a matter not listed on the agenda. A councilmember may, however, briefly respond to statements made or questions posed by speakers. A councilmember may also ask a question for clarification, provide a reference for factual information, request staff to report back concerning a matter, or request that an item be added to a future City Council agenda in response to public comment. CONSENT CALENDAR (Items 4-8) Items appearing on the Consent Calendar are considered routine City business and may be approved by one motion. Typical items may include meeting minutes, awards of contracts, the ratification of accounts payable, and second readings of ordinances. Any member of the Council may request to have an item removed from the Consent Calendar based on the rules set forth in the City Council Procedures Manual. Members of the public may provide input on one or more consent calendar items when the Mayor asks for public comments on the Consent Calendar. 4.Subject: Approve a fifth amendment with Moore Iacofano Goltsman, Inc. (MIG) to provide additional design and project management services for the Lawrence-Mitty Park and Trail Project for a total not-to-exceed amount of $955,403 and extend the contract date to December 31, 2027(Continued from April 16, 2024) Recommended Action: Authorize the City Manager to execute a fifth amendment (Agreement #402, P.O 2022-0325) with MIG to extend the contract term end date to December 31, 2027, and to provide additional design and project management services on the Lawrence-Mitty Park and Trail Project, for a revised total and additional service amount of $661,619, increasing the maximum compensation amount to $955,403 Staff Report A - Draft Contract B - April 16, 2024 Desk Item 5.Subject: Approval of April 16, 2024 City Council minutes Recommended Action: Approve the April 16, 2024 City Council minutes A - Draft Minutes Page 4 4CC 05-07-2024 4 of 266 CC 05-07-2024 4 of 266 City Council Agenda May 7, 2024 6.Subject: Setting a hearing date of June 18, 2024 to declare brush with potential fire hazard a public nuisance and for objections to proposed removal through the Cupertino Brush Abatement Program (Wildland-Urban Interface Fire Area); and adopting a resolution declaring properties as having potential fire hazards from brush and authorizing removal Recommended Action: Adopt Resolution No 24-037 declaring properties as having potential fire hazards from brush; and set a hearing date of June 18, 2024 to declare brush with potential fire hazard a public nuisance and to hear objections to proposed removal Staff Report A - Draft Resolution B – Property owner 30’ WUI Letter C - Property owner 100’ WUI Letter D – Wildfire Preparedness Flyer E - Chipping Program Flyer F – Cupertino WUI Map G - Notice of Inspection H - Notice of Violation 7.Subject: Appointment of the City of Cupertino's Bicycle Pedestrian Commission (BPC) representative, Hervé Marcy, to the Santa Clara County Valley Transportation Authority (VTA) Bicycle and Pedestrian Advisory Committee (BPAC). Recommended Action: Appoint Hervé Marcy to the VTA BPAC for the upcoming term, beginning July 1, 2024 and ends June 30, 2026. Staff Report 8.Subject: Approve a first amendment with HF&H Consultants, LLC, to provide solid waste consultant services for a not-to-exceed amount of $430,000 and extend the contract date to August 31, 2026. Recommended Action: 1. Authorize the City Manager to execute a first amendment with HF&H Consultants, LLC, increasing the contract amount by $80,000 for a new total not-to-exceed contract amount of $430,000, and extending the term from August 31, 2025, to August 31, 2026; 2. Approve a Budget Adjustment in the amount of $80,000 in the Resource Recovery Fund for HF&H Consultants, LLC (520-81-801 750-174); 3. Adopt Resolution No. 24-038 approving budget modification #2324-339, approving a Budget Adjustment in the amount of $80,000 in the Resource Recovery Fund for HF&H Consultants, LLC (520-81-801 750-174). Staff Report A - First Amendment to HF&H Master Agreement B - HF&H MSA for Solid Waste Consulting Services C - Draft Resolution Page 5 5CC 05-07-2024 5 of 266 CC 05-07-2024 5 of 266 City Council Agenda May 7, 2024 PUBLIC HEARINGS Effective January 1, 2023, Government Code Section 65103.5 (SB 1214) limits the distribution of copyrighted material associated with the review of development projects. Members of the public wishing to view plans that cannot otherwise be distributed under SB 1214 may make an appointment with the Planning Division to view them at City Hall by sending an email to planning@cupertino.org. Plans will also be made available digitally during the hearing to consider the proposal. 9.Subject: Fiscal Year 2024-25 Fee Schedule (continued from April 16, 2024) Recommended Action: Continue the item to May 14, 2024 ACTION CALENDAR 10.Subject: 2024 Legislative Update Recommended Action: Receive an overview of pending legislation and direct staff to prepare and send letters taking positions on the following: 1) Bay Area Affordable Housing Measure (BAHFA) - Affordable Housing 2) Assembly Bill (AB) 1779 (Irwin) - Public Safety 3) Senate Bill (SB) 1143 (Allen) - Environmental - Waste Management Presenters: Tina Kapoor, Deputy City Manager and Gonsalves and Son Staff Report A - Legislative Update B - 2024 State Legislative Bills of Interest ITEMS REMOVED FROM THE CONSENT CALENDAR CITY MANAGER REPORT ORAL COMMUNICATIONS - CONTINUED COUNCILMEMBER REPORTS 11.Subject: Councilmember Reports A - Councilmember Report, Chao B - Councilmember Report, Fruen C - Councilmember Report, Mohan D - Councilmember Report, Moore E - Councilmember Report, Wei FUTURE AGENDA ITEMS ADJOURNMENT Lobbyist Registration and Reporting Requirements: Individuals who influence or attempt to influence legislative or administrative action may be required by the City of Cupertino’s lobbying ordinance (Cupertino Municipal Code Chapter 2.100) to register and report lobbying activity. Persons whose Page 6 6CC 05-07-2024 6 of 266 CC 05-07-2024 6 of 266 City Council Agenda May 7, 2024 communications regarding any legislative or administrative are solely limited to appearing at or submitting testimony for any public meeting held by the City are not required to register as lobbyists. For more information about the lobbying ordinance, please contact the City Clerk’s Office at 10300 Torre Avenue, Cupertino, CA 95014; telephone (408) 777-3223; email cityclerk@cupertino.org; and website: www.cupertino.org/lobbyist. The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City’s decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk’s office for more information or go to http://www.cupertino.org/cityclerk for a reconsideration petition form. In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, at least 48 hours in advance of the meeting to arrange for assistance. In addition, upon request, in advance, by a person with a disability, meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk’s Office located at City Hall, 10300 Torre Avenue, Cupertino, California 95014, during normal business hours; and in Council packet archives linked from the agenda/minutes page on the Cupertino web site. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code section 2.08.100 written communications sent to the Cupertino City Council, Commissioners or City staff concerning a matter on the agenda are included as supplemental material to the agendized item. These written communications are accessible to the public through the City’s website and kept in packet archives. Do not include any personal or private information in written communications to the City that you do not wish to make public, as written communications are considered public records and will be made publicly available on the City website. Page 7 7CC 05-07-2024 7 of 266 CC 05-07-2024 7 of 266 CITY OF CUPERTINO Agenda Item 24-13151 Agenda Date: 5/7/2024 Agenda #: 1. Subject:Conference with legal counsel - existing litigation pursuant to Government Code § 54956.9 (City of Cupertino v. Jennifer Chang, Santa Clara County Superior Court Case No. 21CV380291) CITY OF CUPERTINO Printed on 5/1/2024Page 1 of 1 powered by Legistar™8CC 05-07-2024 8 of 266 CC 05-07-2024 8 of 266 CITY OF CUPERTINO Agenda Item 24-12932 Agenda Date: 5/7/2024 Agenda #: 2. Subject: Recognition of May as Asian American and Pacific Islander Heritage Month Recognize May as Asian American and Pacific Islander Heritage Month CITY OF CUPERTINO Printed on 5/1/2024Page 1 of 1 powered by Legistar™9CC 05-07-2024 9 of 266 CC 05-07-2024 9 of 266 10CC 05-07-2024 10 of 266 CC 05-07-2024 10 of 266 CITY OF CUPERTINO Agenda Item 24-12933 Agenda Date: 5/7/2024 Agenda #: 3. Subject: Recognition of May as Affordable Housing Month Recognize May as Affordable Housing Month CITY OF CUPERTINO Printed on 5/1/2024Page 1 of 1 powered by Legistar™11CC 05-07-2024 11 of 266 CC 05-07-2024 11 of 266 12CC 05-07-2024 12 of 266 CC 05-07-2024 12 of 266 CITY OF CUPERTINO Agenda Item 24-13099 Agenda Date: 5/7/2024 Agenda #: 4. Subject: Approve a fifth amendment with Moore Iacofano Goltsman, Inc. (MIG) to provide additional design and project management services for the Lawrence-Mitty Park and Trail Project for a total not-to-exceed amount of $955,403 and extend the contract date to December 31, 2027 (Continued from April 16, 2024) Authorize the City Manager to execute a fifth amendment (Agreement #402, P.O 2022-0325) with MIG to extend the contract term end date to December 31, 2027, and to provide additional design and project management services on the Lawrence-Mitty Park and Trail Project, for a revised total and additional service amount of $661,619, increasing the maximum compensation amount to $955,403 CITY OF CUPERTINO Printed on 5/1/2024Page 1 of 1 powered by Legistar™13CC 05-07-2024 13 of 266 CC 05-07-2024 13 of 266 CITY COUNCIL STAFF REPORT Meeting: May 7, 2024 Subject Approve a fifth amendment with Moore Iacofano Goltsman, Inc. (MIG) to provide additional design and project management services for the Lawrence-Mitty Park and Trail Project for a total not-to-exceed amount of $955,403 and extend the contract date to December 31, 2027. Recommended Action Authorize the City Manager to execute a fifth amendment (Agreement #402, P.O. 2022- 0325) with MIG to extend the contract term end date to December 31, 2027, and to provide additional design and project management services on the Lawrence-Mitty Park and Trail Project, for a revised total and additional service amount of $661,619, increasing the maximum compensation amount to $955,403. Reasons for Recommendation The initial contract with MIG included services through the end of conceptual design and California Environmental Quality Act (CEQA) reporting. The project is funded through a private development agreement, and funds are currently adequate to ensure completion of design and construction. The project is ready to advance to the preparation of design, construction documentation, and eventually construction. To do this, additional services are required for MIG to continue into the next stages of this project. Background Information In Fiscal Year (FY) 2015-16, a private development agreement was executed that allowed for the purchase and annexation of the Lawrence-Mitty project site. The original private development agreement stated: “…the parties agree that the sum of Eight Million Two Hundred Seventy Thousand Nine Hundred Ninety-Four Dollars ($8,270,994) (the "Park Land Contribution") constitutes sufficient funds to acquire 1.1 acres of parkland, improve it with park equipment and provide a maintenance and capital replacements endowment for twenty (20) years…” On December 7, 2021, the City of Cupertino contracted with MIG to develop a Master Plan for the Lawrence-Mitty Park and Trail Project (Project). The staff report from that 14CC 05-07-2024 14 of 266 CC 05-07-2024 14 of 266 agenda item stated that the outcome of this project will be a City-approved Master Plan for Lawrence-Mitty Park and Trail and is completion of the CEQA clearances required to proceed with the development of the park. The new conceptual design is based on site analysis, community input, and the directives of the Parks and Recreation System Master Plan (PRSMP). MIG led the City and the community through two years of on-site meetings, pop-up events, commission meetings, City Council meetings, surveys, reports, design presentations. Through the iterative creative process, the conceptual design for the Project, including preparation of environmental documentation, is nearing completion. The conceptual design and environmental clearance are tentatively scheduled to be presented to City Council this summer. Council approved the agreement with MIG in 2021 for $293,784 to enable preparation of the conceptual design and CEQA report, with $50,000 approved contingency. To date, that agreement has been amended four times, including additional services totaling $48,035. This falls within the $50,000 approved contingency. The design and construction of the Project through this amendment will include design development, regulatory permitting, construction documentation, City permitting, bid support, and construction administration. The projected duration of the remainder of the project will extend to the Summer of 2027. The MIG fee proposal for these tasks over a two-year duration is $511,320 (Attachment A, see Exhibits A-4, B-1, and C-1). A 20% contingency, rather than typical 10% contingency, is recommended to allow the Project team to address and respond to unknown issues that may be encountered during the extensive environmental review process. A 20% contingency would increase the funding request to $613,584. This is approximately 16% of the overall project cost. Design and Engineering costs typically fall within 15% to 20% of the overall project cost. Since the overall design of the Project falls within this range and also includes preparation of the Master Plan, staff believes the design costs are reasonable. To further support the Project, staff proposes transferring funds from Contract Services (budget unit 280-99-009 700-702) to Capital Outlays (budget unit 280-99-009 900-905). In the FY 2021-2022 mid-year Financial Report to the City Council (March 8, 2022), one of the budget adjustments accepted was a one-time special revenue fund appropriation of $910,000 for Lawrence‐Mitty Park Debris Removal, Clean Up, and Tree Removal. This was intended to be a special project to remove berms and general clean-up and to address encampments arising on site. The project team evaluated the project in the context of the design work underway and advised that it was likely redundant and counter-productive to remove the berms before the conceptual design work was completed. Transferring the remainder of the funds allocated for the special project ($901,285) to the CIP project fund is recommended since the berm work will be incorporated into the design and construction of the park and trail. 15CC 05-07-2024 15 of 266 CC 05-07-2024 15 of 266 Sustainability Impact This project aligns with multiple objectives outlined in Chapter 6 (Environmental Resources and Sustainability) of the City’s General Plan, Community Vision 2015-2040. In particular, the development of the Lawrence-Mitty site will emphasize elements of Goal ES-5 which is to protect the City’s urban and rural ecosystems. Fiscal Impact The CIP project budget (budget unit 280-99-009) presently has $5,946,859 available to apply to this project. The project team is designing the park and trail project to this budget. See the table below for more information on the impact of the proposed contract amendment. Fiscal Summary: Project Funding Status Amount Approved City Funding (FY18-19) $8,270,994 Council approved budget increased on March 8,2022 $910,000 Property Purchase and Escrow ($2,697,694) MIG: paid to date (includes 4 amendments) ($341,819) Other Expenses: paid to date ($194,622) Funding available for CIP project (design & construction) $5,946,859 Funding Impact Amount MIG: Additional Services (Amendment 5)  Fee Proposal $511,320 + 20% ($613,584) Funding available for Construction and other soft costs $5,333,275 California Environmental Quality Act The CIP project is undergoing an Initial Study. CEQA analysis will be completed at an appropriate time, prior to a commitment to project design. _____________________________________ Prepared by: Susan Michael, Capital Improvement Programs Manager Reviewed by: Chad Mosley, Director of Public Works Reviewed by: Matt Morley, Assistant City Manager Approved for Submission by: Pamela Wu, City Manager Attachments: A – Draft Contract B – April 16, 2024 Desk Item 16CC 05-07-2024 16 of 266 CC 05-07-2024 16 of 266 FIFTH AMENDMENT IQ AGREEMENT 402 BETWEEN THE CITY OF CUPERTINO AND MIG, INC FOR LAWRENCE-MITTY PARK AND TRAIL IMPLEMENTATION PLAN Attachment A This Fifth Amendment to Agreement 402 is by and between the City of Cupertino, a municipal corporation (hereinafter "City'') and MCG , Inc. a Corporation ("Contractor") whose address is 2055 Junction Ave, Suite 205, San Jose, CA 95131, and is made with reference to the following: RECITALS: A. On December 09, 2021 Agreement 402 ("Agreement") was entered into by and between City and Contractor for Lawrence-Mitty Park and Trail Implementation Plan. B. The City and Contractor entered into a First Amended Agreement for Lawrence-Mitty Park and Trail 1mplementation Plan ("First Amendment") effective February 28, 2022 . C. The City and Contractor entered into a Second Amended Agreement for Lawrence-Mitty Park and Trail Implementation Plan (''Second Amendment") effective August 25, 2022. D. The City and Contractor entered into a Third Amended Agreement for Lawrence-Mitty Park and Trail implementation Plan ("Third Amendment") effective October 13 , 2022 . E. The City and Contractor entered into a Fourth Amended and Reinstated Agreement for Lawrence-Mitty Park and Trail Implementation Plan ("Fourth Amendment'') effective March 27, 2024. F. The Original Agreement, First Amendment, Second Amendment, Third Amendment and Fourth Amendment are collectively referred to as the "Agreement" unless otherwise indicated. NOW. THEREFORE, it is mutually agreed by and between the undersigned parties as follows : 1. Paragraph 3.1 Term of the Agreement is modified to read as follows: This Agreement begins on the Effective Date and ends on December 31 , 2027, unless terminated earlier as provided herein ("Contract Time"). The City's appropriate departo,ent 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. Schedule of Performance , Exhibit B of the Agreem ent is modified to include Exhibit B-1 Additional Services. attached hereto. 1 17CC 05-07-2024 17 of 266 CC 05-07-2024 17 of 266 Attachment A 2. Paragraph 4.1 Maximum Compensation of the Agreement is modified to read as follows: City will pay Consultant for satisfactory performance of the Basic Services and Additional Services , if approved, a cumulative total amount that will be capped so as not to exceed $955A03 .00 ( 'Contract Price "), as specified in Exhibit C and Exhibit C-1 Compensation attached and incorporated here. The Contract Price includes all expenses and reimbursements and will remain in place even if Consultant's actual costs exceed the capped amount. No extra work or payment is pennitted in excess of the Contract Price. Description of Services , Exhibits A , A -1, A-2, and A-3 of the Agreement are modified to include Exhibit A-4 Additional Services , attached hereto. Compensation Exhibit C of the Agreement is modified to include Exhibit C-1 Additional Services , attached hereto. "' Pa ragraph 4.3 Add i tiona l Services . City has the discretion , but not the obligation, to authotize Additional Services up to an amount not to exceed $661,619.00 Additional Services provided to City 1 s reasonable satisfaction will be compensated on a lump sum basis or based on time and expenses in accordance will the Hourly Rates and Reimbursable Expenses Schedules included in Exhibit C. Tf paid on an hourly basis, Consultant will be compensated for actual costs only of normal business expenses and overhead~ with no markup or surcharge ("Reimbursable Expenses'). Consultant will not be entitled to reim bursement for copying, printing faxes , telephone charges , employee overtime , or travel to City offices or to the Project site. Description of Services, Exhibits A, A-l, A-2 , and A~3 of the Agreement are modified to include xhibit A- 4 Additional Services attached hereto. 4. Except as expressly modified herein, all other tenns and covenants set forth in the Agreement shall remain the same and shall be in full force and effect. SIGNATURES CONTINUE ON THE FOLLOWING PAGE 2 18CC 05-07-2024 18 of 266 CC 05-07-2024 18 of 266 Attachment A IN WITNESS WHEREOF , the parties hereto have caused this modification of Agreement to be executed. CITY OF CUPERTINO MTG, rNC. By ________ _ 4}~ By _________ _ Title Title Vice President and Chief Development Officer ----------- Date Date Apr 4, 2024 ----------- APPROVED AS TO FORM City Attorney ATTEST: City Clerk Date ----------- 3 19CC 05-07-2024 19 of 266 CC 05-07-2024 19 of 266 Attachment A EXPENDITURE DISTRIBUTION Item I PO Number I Amount I - Original Agreement 2 022-325 I 293 ,784.0~ Amendment No. 1 Increase Compensation I, $28 ,500.0~ Amendment No. 2 Update Scope of Work Ii - Amendment No . 3 Lncrease Compensation I $19,535.0~ Amendment No. 4 E xtend Term and Reinstate I - Amendment No. 5 I Extend Tenn & lncrease Compensation $613,584 .0~ Amendments Subtotal $661 ,619.0~ Total Contract Amount I $955 ,403.0~ 4 20CC 05-07-2024 20 of 266 CC 05-07-2024 20 of 266 EXHIBIT A-4 II Lawrence Mitty Park and Trail Scope of Work 03.12.2024 MIG has prepared the following Scope of Work to illustrate how we will facilitate successful completion of the Lawrence M itty Park and Trail Project. This scope captures and clarifies assumptions of the tasks incorporated in the attached Fee Proposal spreadsheet. The details are based on our understanding of the City's desire to move forward with the concept plan shown below from Decemb er 2023 and its related and ongoi ng CEQA work. Note that the potential res troom is not included in this scope. e, 4. CONCEPT PLAN IM11!'J11 l't•,r , ... .Ji;,,1IY'~\•'lll'~l"'ll llfl'.).i.,..,i ~YC:t II 11"<11 M I. ,.1, 1""-1,.111td,.IPL• ,4.n,t lilpjONI t>,,-,,ui , ~~ ,h,..ih-..~ 1<PilH..,.14 1,...,J .. 111 11,J, y ,..1,11'°'~ tt.: l•<f! .1r 1t ... 11.,.ti1101,m,w,,,. jflll!:tr.to' l,.14'.At.o111,0 ~1 t :J hl t•'Kt•o •I 1,l,;11,.•l1 t,.,.,111i1 1l1•t ot111 •~14 I t'IT...,1 \!II •11dl..t\ I h•~•h't,i w,,) 1110'11 b\" .-, • fotJ'1'• t.,!'!lt.,,..!llt1 ..,.1,1~ <I" 11:l l'\l!'i,111tp ~-,,p-~~, ::= f llry loOQ l :-ft 1"ret!N'l E~• lh,IL;••j "'~•Ifs~ t ::f'IHIIQllll•C,~"9,C~J!IQ cooc.m 1-FGIIIID ---l'cl .. !.o~roa-- EaJl'.JR9~11"1i,1ittlnmll- c::::J' ~ai tJ.1"1r c 1,~"c~.·.t.,c•n;:, lr"•""u •I -'"ii • 1 ••• PHASE 8: DESIGN DEVELOPMENT /30% CDS : l.:Jotd.~p.,&.,m ICril il h g l-lot•o.:.14 ;•CLC ~t.t'I ,=,a.i:t Dulle1! Or,,.-d &ttrnrc..- ~::11 tfla.,a,..::.f ~Ja'lt\Cr.,~,; iin\Jll'ttllen~-:r~ © ~~ no ·";"' m CUPHIT!-.o MIG team wi ll create a Design Development/30% CD submittal based on December 2023 concept p lan , shown above and w ithout the potential restroom. The City will provide any City-required standard details, titleblocks, requ irements, and specifications to the MIG team at the beginning of this phase. All submittals will be in the form of a PDF submitted through emai l, Google drive, or other free and readily avai lable digital sharing format approved by The City . Task 8.1 Opinion of Probable Cost The M IG Team will develop an Opinion of Probable Costs based on the concept plan above to serve as a baselin e for 30% effort and confirm the design is within the co nstruction budget. 1 21CC 05-07-2024 21 of 266 CC 05-07-2024 21 of 266 EXHIBIT A--4 Task 8.2 Costing City Check-in Meeting MIG will facilitate a virtual meeting with City staff to review the cost estimate relative to construction budget and confirm changes and/or minor refinements needed for the 30% set. A summary of the meeting will be prepared. Task 8.3 Design Development/ 30% CD Plans The MIG Team will prepare prelimfnary plans in AutoCAD showing the layout of proposed park and trail elements, including paving, site furnishings, planting areas and other site features. This includes utility reports for capacity studies and earthwork study . Task 8.4 Opinion of Probable Cost The MIG Team will develop an Opinion of Probable Costs based on the 30% plans. Task 8.5 Preliminary CD City Review Meeting MIG will fadlitate a virtual meeting with City staff to review consolidated comments on the preliminary plans to clarify questions and confirm corrections or minor refinements needed for the 60% set . A summary of the meeting will be prepared . Task 8.6 Project Management and Team Coordination The MIG Team will continue Project Management and Team Coordination duties related to these tasks for the rough schedule noted on the accompanying fee spreadsheet. TASK 8 DELIVERABLES Unless otherwise noted, all deliverables will be provided in PDF format. We assume one round of minor revisions for each based on the Citls consolidated comments . • Concept Plan Opinion of Probable Costs • Pre liminary 30% CD Plans and Opinion of Probable Costs • City Review Meetings Agendas & Meeting summa ries • Monthly invoices PHASE 9 TASK: REGULATORY PERMITTING Task 9 .1 Project Design Review and Impact Evaluation Based on the newest version of the project design, potential impacts shall be reviewed to ensure that permit requirements are met. MIG will work with the Client to accurately identify, assess, and calculate tem porary and permanent impacts to jurisdictional habitats on the project site. MIG will calculate the acreages of permanent and temporary disturbances to the jurisdictiona l habitats within the project site. MIG will also evaluate the drainage calculations and drainage plans prepared for the project to characterize the amount of hydromodification proposed, evaluate potential impacts on water quality, and provide recommendatlons for Best Management Practices (BMPs) to minimize impacts. Task 9.2 Pre-Application Regulatory Agency Consultation (CDFW and RWQCB only) The purpose of this task is to discuss the project with regu latory agenc ies to learn of any concerns and ensure that we provide all relevant information in application packages . Since the proposed project will not impact Saratoga Creek below the Ordinary High Water Mark (OHWM), the project does not require authorization from the U.S. Army Corps of Engineers (USACE). However, the project may require authorization from California Department of Fish and Wildlife (CDFW) and Regional Water Quality Control Board (RWQCB) for potential impacts to riparian habitat within top of bank of the creek . In our experience, early coo rdination with the regulatory agencies can assist in expediting the permit approval process by addressing technical questions and comments early in the planning process which will limit delays during application review. MIG shall coordinate with the CDFW and RWQCB via email , and if appropriate through a virtual or in person meeting. Activities include coordination to discuss the project, present the potential impacts of the project, p ropo se impact avoidance and mitigation measures, and address potential permitting requireme nts. After coordinating with regulatory agencies, if any new 2 22CC 05-07-2024 22 of 266 CC 05-07-2024 22 of 266 EXH IBIT A-4 requirements arise, we will provide the Client with an updated permitting timeline based on the anticipated agency requirements. Task 9.3 Pr epare Reg u latory Permit Ap plication Packages (CDFW and RWQCB o nlv) Based on our understanding of resource agency jurisdiction, the project likely requires authorization frotn the RWQCB and CDFW. The project does not require authorization from the U.S. Army Corps of Engineers (USACE) since project activities are outsi de of creek channel and above the ordinary high water mark (OHWM). Both RWQCB and CDFW require authorization for any project within the bed, bank, or channel of a stream; and/or within associated riparian habitat. The RWQCB may also exert jurisdiction of areas within the 100-year flood plain, even if these areas are beyond the top of bank or riparian habitat. The proposed project includes activities within the bank of t he cr eek and associated riparian habitat. This scope of work assumes that MIG will prepare the appropriate permit application packages, including a Notice of Applicability (NOA) for enrollment under a General Waste Discharge Requirement Order (WDR) for the RWQCB and a Section 1600 Notification of Lake and Streambed Alteration for the CDFW. Once the 60% design is available, MIG will prepare the appropriate permit application packages. Application packages will include the permit application form, engineering drawings, and the following information: • Description of the overall project, including a site plan and other project plans. The agencies will require 60% design plans. • Surface area in acres of waters of the U.S. and state, adjacent wetlands, and adjacent riparian vegetation that will be impacted by the proposed proj ect. • Describe the actions proposed within the jurisdiction of each agency. • Method of vegetation clearing (if any) within the project area. • Cross-section and lateral view of the project plan. • A description of water diversion methods (if any). • BMPs incorporntcd into the project to prevent impacts to water qUnlity ;:ind biological resources. • Biological Resources Assessment. • Hydrology and Hydraulic study (if needed). • Alternative Analysis (if applicable} • Mitigation and Monitoring Plan • Final CEQA documentation, including the Notice of Completion (NOC). • Permit application fees. M IG will determine the cost of the permit fees, but the Client is responsible for t he payment of all perm it application fees. We will coordinate with the City and team to provide the following information: • Site plans. • Volume of cut/fill and composition of materials removed/added during grading in jurisdictional areas. • Cross-section drawing of the project design. • A Stormwater Pollution Prevention Plan (SWPP) and/or BMPs to prevent water pollution. • Estimated project costs (to determine permit application fees). • CEQA Notice of Completion (NOC). Task 9.4 Permit Ap plicat io n Foll ow-up and Response In MIG's experience, it i s essential to provide consistent outreach and coordination with the regulatory agencies once the permit applications are submitted. Outreach efforts can help stream line permitting and avoid delays due to requests for additional information or to simply answer questions regarding the applications that the agencies may have instead of waiting for a written re sponse to reply to. MIG will diligently negotiate permit conditions and coordinate with the regulatory agencies via phone or email in order to keep the permitting process on track . This scope of work assumes no more than 16 hours will be required to coordinate with the agencies and secure the permits. 3 23CC 05-07-2024 23 of 266 CC 05-07-2024 23 of 266 f:XH I BIT A-4 Task9.5 Project Management and Team Coordination The MIG Team will continue Project Management and Team Coordination duties related to these tasks for the rough schedule noted on the accompanying fee spreadsheet . Task 9 Deliverables: • Appropriate permit application packages • Notice of Applicability (NOA) for enrollment under a Genera l Waste Discharge Requirement Order (WDR) forRWQCB • Section 1600 Not1fi cation of Lake and Stream bed Alteration for CDFW • Monthly invoices PHASE 10: CONSTRUCTION DOCUMENTS (CD) The MIG Team will prepare design plans, construction documents, specifications and opinions of p robable costs at the milestones noted below. Task 10.160% CD Submittal The M IG Team will prepare construction documents to a 60% level of completion , drafted in digita l forrnat using AutoCAD. Plans shall be prepared at a minimum of 111 = 20' scale. As part of the package, the MIG ieam will develop a materials and equipment schedule reflecting site material , equipment and furnish ing selections so the City can review the new park's proposed aesthetic vision . This scope assumes the development of one set of construction drawings for a single-phase project. If the City's budgeting results in the need for phasing or alternates, these can be provided for an additional fee. Task 10.2 60% CD Opinion of Probable Costs The MIG Team will develop an Opinlon of Probable Costs based on the submitted plans. Task 10.3 60% CD City Coordination/ Assistance (Allowance) The MIG Team has a small allowance to allow for coo rdination for City reviews such as ADA review, stormwater, and the maintenance department. (Note : work related to regulatory permitting is included in Phase 7). Task 10.4 City Review Meeting The City will provide one set of consolidated review comments detailing the required changes to the 60% CD drawings and opinion of probable costs . These will be dfscussed in a two-hour (maximum) virtual meeting between the City and MIG to confirm design direction before beginning the 95% CD package. Task 10.5 95% CD Submittal Based on the 60% OD's submittal and incorporati ng the City's direction from the 60% CD re view meeting, the MIG Team will prepare construction documents to a 95% level of completion. The MIG Team will also provide CSI format technical specifications related to t he scope of work. The City will be respons ible for providing the Divisio n I/front end/project manual specifications sections but an allowance has been made to ass ist the City with front end project description, bid schedule and minor edits to project manual . Design documentation, including sp ecifications, will be consistent with required federal, state, and local codes and regula t ions. Task 10.6 City Review Meeting The City w i ll p r ovide one set of consolidated review comments detailing any required changes t o the Design 95% CD package prior to submitting for City permits . These will be discussed and finalized in a two-hour (maximum) virtual meeting between the City and MIG prio r to submitting the permit set. Task 10.7 Project Management and Team Coordination The MIG Tea m will continue Pr oject Management and Team Coordination duties related to these tasks for the rough sched ule noted on the accompanying fee spreadsheet . 4 24CC 05-07-2024 24 of 266 CC 05-07-2024 24 of 266 EXHIBIT A-4 TASK 10 DELIVERABLES Unless otherwise noted, all deliverables will be provided in PDF format. • 60% CD Submittal -Drawings and Spec TOC • 60% CD Opinion of Probable Costs • 95% CD Submittal -Drawings and Specs • Monthly invoices PHASE 11: CITY PERMITTING/100% CONSTRUCTION DOCUMENTS {CO) The MIG Team will lead City permit applications. Task 11.1 and 11.2 City Permit Application and 100% CD/Permit Set The MIG Team will take the lead on City permit applications. First review submittal will include 95% documents with City review comments. It is assumed that all City 95% and permit first round of review comments will be resolved to permit satisfaction with the second round of documents for permit review and that those documents will be used for public bid. Based on the City's 95% review comments and permit first review comments, the MIG Team w i ll create a permit review delta clouded set of drawings and specifications that will be used for public bid process. The MIG team ass umes that multiple permit packages are not required and that 100% construction documents will comprise the construction permitting set. The MIG Team will package the 100% complete construction documents and submit to the City for final review and comment (PDF format). T ask 11.3 Project M anagem ent and Team Coordination The MIG Team will continue Project Management and Team Coordination duties related to these tasks for the rough schedule noted on the accompanying fee spreadsheet. TASK 11 DELIVERABLES Unless otherwise noted, all deliverabl es will be provided in PDF format. • City Permit Application • 100% CD/Permit Drawing Set -Drawings and Specs • Monthly invoices TAS K U : BIDDING SUPPORT Task 12.1 Pre-bid M eeting MIG will attend the pre-bid meeting to respond to questions about the Construction Documents. Task 12.2 Bid Assistance Allowance (Bidder Question Response) The MIG Team has made an allowance to prepare responses to bidders' questions to clarify the construction documents. Task 12.3 Conformed Construction Set Submittal Once the bid period is complete and the contractor has been selected, the MIG Team will prepare a final conformed set for the contractor's use during construction. The conformed construction set wil l incorporate the addenda and responses to bidders' questiohs. Task 12.4 Project Management and Team Coordination The MIG Team will continue Project Management and Team Coordination duties related to these tasks for the rough schedule noted on the accompanying fee spreadsheet. TASK 12 DELIVERABLES Unless otherwise noted, all deliverables wtll be proVided i n PDF for mat. 5 25CC 05-07-2024 25 of 266 CC 05-07-2024 25 of 266 f::XHIBIT A-4 Responses to Bidders' Questions • Conformed Construction Set • Monthly i nvoices No allowance has been made for any value engineering at the Bid Phase . Should bids come in higher than anticipated due to unforeseen market conditions, the MIG Team will meet with the Client to discuss options to move the project forward. Any additional design, coordination or submittals can be provided for additional services. TASK 13: CONSTRUCTION ADMINISTRATION Ta sk 13.1 Preco nst ruct ion M eeti ng Participation The MIG Team will attend and participate in a Pre-Construction meeting scheduled and lead by t he City. the MIG Team will attend the meettng to support the City in answering the contractor's questions. This scope assumes attendance by the lead landscape architect and civil engineer. If needed, other design team members can be made available through additional services. Ta sk 13.2 Responses to Contractor Submittals The MIG Team will review and take app ropriate action (approve With modifications, reject, etc.) on the Contractor's subrnlttals such as RFl's, Shop Drawings, Product Data and Samples, to confirm co nformance with the design intent of the project and compliance with the information given in the Contract Do cuments. Reviews wil l take place i n accordance with reasonable promptness and acco rding to language agreed upon in the bid documents. Re v iews and approval s or other action shall not extend to means, methods, techniques, sequences, or procedures of construction or the safety precautions and programs incident thereto. Approva l of a specific item shall not indicate approval of an assembly of which the item is a component. The MIG Team has made an allowa nce for assistance with these efforts and will keep the City app r ised of efforts. As construction continues and additional assistance be needed and existing budget be expended, additional reviews or effort can be provided through additional services. Task 13.3 Construction Meetings and Site visits MIG will attend up to (4) construction meetings to review construction progress and Contractor's compliance with the design intent. These meetings can be virtual or on -site, depending on current safety measures. In addition, MIG will perform up to (8) site visits and the Civi l engineer wil l perform up to three (3) site visit/reviews, as requested by City . Task assumes a maximum construction duration of ten months . Task 13.4 Preliminary Punch List Site Visit and Preparation When notified that the construction is substantially complete, the M IG team will make one site visit with the City's representative and perform a Preliminary Punch List inspection of the Project to observe any apparent defects in the completed construction regarding conformance With design intent of the Contract Documents . MIG will consolidate observations and provide a "punch list," describing the items it recommends for the contractor's correction prior to scheduling the Final Punch List Site Visit. Task 13.5 Final Punch list Site Visit and Preparation When notified that the construction i s fully complete, the MIG team will make one site visit with the City's representative and perform a "Final" inspection of the Project to observe any apparent defects in the completed construction regarding conformance with design intent of the Contract Documents. MIG will consolidate observations and provi de a Final Punch List, describing the items it recommends for the contractor's correction prior to closing out the construction contract. Task 13.6 Project Management and Team Coordination The MIG Team will continue Project Management and Team Coordination duties as described in Task 1 and with additional meetings as noted on the accompanying fee spreadsheet. 5 26CC 05-07-2024 26 of 266 CC 05-07-2024 26 of 266 EXHIBIT A-4 TASK 13 DELIVERABLES Unless otherwise noted, all deliverables will be provided in PDF format. • Submittal and Shop Drawing review documentation • Responses to contractor's Requests for Information • Construct ion Meetings -(up to 4) • Site Visits -(up to 11) • Preliminary Punch List • Final Punch List • Monthly invoices ADDI TIONAL SERVICES The MIG Team has a broad range of experience, skills and services. The following is a non-exhaustive list of items that are not included in this scope but could be provided as additional services if they are needed or desired by the City: • Any publii; meetings including but not limi t ed to community meetings or engagement, attending Ci ty Council meetings, publ ic hearings, hearing examiner meetings, public open houses, and local associati on meetings. • City project team meetings beyond those listed • Additional design alternative drafts or renderings other than those listed. • Preparation of phased or multiple-packaged construction documents. • Preparation of special studies outside our scope of work. • Intensive research and testing to determine conditions of existing site utilities (i.e., potholing, smoke testing, dye testing, pressure testing, fire flow testing, videotaping, etc.). • Utility Relocation Plans • Supplemental surveyi ng services beyond the i nitial survey necessary for completeness. • Appeal, Design Exception, and Alternat ive Review applications , • Services related to future facilities and improvements. • Des ign of water capture/re-use systems, pump stations, sump pumps, or force mains for sanitary sewer or storm drainage systems, if required . • Des ign of systems to comply with or obtain LEED certification, including preparation of LEED documentation and addressing review comments from the USGBC. • Redesign of civi l/landscape items following completion of construction document as a result of site and building plan changes or unforeseen existing conditions. • Design for areas not identified in the project understanding. • Value Engineering. If the MIG Team is needed t o assist with VE and/er bid negotiations, it is available o n a Time and Materials basis. • Pr oject Record Drawings PROJECT SCOPE ASS UMPT IONS: • CLI ENT: 'The Cit y' refers t o the City of Cupe rtino's Lawr ence M i tty project team. • BUDGET: Scope and fee is based on a construction budget of $3,900,000 ($3,500,000 base budget w ith a 10% contingency ). Redes ign to value engineer the project will require a contract modification. • DELIVERABLES: Unless otherwise i ndi cated, all deliverab l es wi ll be provided i n PDF format. Na t ive files wil l be created ih software selected at the co nsultaht team's discretion. If t he City desires pr1nted copies or specific fi le formats, t he MIG Tea m is happy t o work with t he City t o devel op a stra t egy t hat meets the project's budget and needs. • VI RTUAL MEETI NGS: Team meetings are assumed to be virtual with In-person meetings limited to noted 7 27CC 05-07-2024 27 of 266 CC 05-07-2024 27 of 266 EXHIBIT A-4 site visits. • TRANSLATI ON : All documentation wi ll be in English ; however, as an addi t ion al service , th e M IG Team ca n p rovide exh i bits in other langua.ges . • CONSOLIDATED COMMENTS:The City will provide MIG w i1 h (1) set of vetted and consolidated comments from all parties/agencies in all tasks invo lving r eview and feedback . • PERMIT FEES: All perm it fees and agency charges will be paid by others. • UTILIT IES: The site is adequate ly served by util ities adjacent to the site. • OFFSITE UTILITIES/STREET/PARKING DESIGN: Offsite utility or street/parking design is not included in this proposal. • ENVIRONMENTAL WORK: Floodplain , wetland, soil remediation or environmental work is not included in this proposal. • CONSTRUCTION TESTING + INSPECTIONS: Necessary testing and inspections during construction will be provided by others . • ALLOWANCES : Allowances have been made for cost estimation and limited anticipated electrical and structural support ; should additional support be needed as the design is refined , additional fees will be needed. • CONTINGENCY : A design contingency has been Included to address out of scope items or additional effort requests . Use of contingency will be coordinated and authorized by the City prior to related efforts . A rough project schedule is noted in Exhib1t B. Estimated Project Costs are noted in Exhibit C. NOTE: Our understanding is that the City typically keeps 10% of the construction budget as a contingency. Given the project is currently in CEQA review, regulatory permits will be needed, and that there are technical complexities with the site, we highly re~ommend that the Cfty holds a 20% contingency based on construction budget to address potential additional project needs beyond the scope noted above. 8 28CC 05-07-2024 28 of 266 CC 05-07-2024 28 of 266 EXHIBIT 8-1 Lawrence Mitty Park and Trail Schedule 03.12.2024 The following is a high level sched ule for the main tasks outlined in the Scope of Wor k. A more detailed schedu l e will be coordinated with City staff once CEQA review is completed, assumed to be June 2024. Task 8: Design Development/30% CDs -(2 months)-July/ August 2024 Tcisk 9: Regu latory Permitting-(7 months)-September 2024 -March 2025 Task 10: Construction Documents -(6 months) -April -September 2025 Task 11: City Permitting-(2 months)-October/November 2025 Task 12: Bidding Support -(2.5 months) -December 2025-February 2026 Task 13: Construction Adminfstration -(12 months) -March 2026-March 2027 l 29CC 05-07-2024 29 of 266 CC 05-07-2024 29 of 266 City of Cupertino I Lawrence Mitty Park and Trail e s t i m a t e d p r o j e c t c o s t EXHIBIT C Hrs@ $210 Hrs@ $180 Hrs@ $205 Hrs@ $120 Hrs@ $145 Hrs@ $180 Hrs@ $120 Hrs@ $110 Hrs@ $80 Task 8: DESIGN DEVELOPMENT/30% CDS (2 MONTHS) 8.1 Opinion of Probable Cost 1 $210 4 $720 0 $0 6 $720 6 $870 $0 $0 $0 $0 17 $2,520 $0 $14,000 $16,520 8.2 Costing City Check-in Meeting 2 $420 4 $720 $0 $0 $0 $0 $0 $0 $0 6 $1,140 $0 $1,140 8.3 Design Development/30% CD plans 24 $5,040 80 $14,400 $0 120 $14,400 28 $4,060 $0 $0 $0 $0 252 $37,900 $25,000 $3,000 $2,000 $30,000 $5,000 $72,900 8.4 Opinion of Probable Cost 1 $210 4 $720 $0 6 $720 $0 $0 $0 $0 $0 11 $1,650 $0 $14,000 $15,650 8.5 Preliminary CD City Review Meeting 4 $840 6 $1,080 $0 6 $720 $0 $0 $0 $0 $0 16 $2,640 $0 $2,640 8.6 Project Management and Team Coordination (Assume 2 meeting calls, ~1 per month plus post CEQA coordination)8 $1,680 16 $2,880 $0 16 $1,920 $0 $0 $0 $0 8 $640 48 $7,120 $0 $7,120 Subtotal 40 $8,400 114 $20,520 0 $0 154 $18,480 34 $4,930 0 $0 0 $0 0 $0 8 $640 350 $52,970 $25,000 $0 $3,000 $2,000 $30,000 $33,000 $115,970 Task 9: REGULATORY PERMITTING (7 months) 9.1 Project Design Review and Impact Evaluation $0 2 $360 50 $10,250 $0 $0 2 $360 2 $240 1 $55 $0 57 $11,265 $0 $11,265 9.2 Pre-Application Regulatory Agency Consultation (CDFW and RWQCB only)$0 2 $360 2 $410 2 $240 $0 3 $540 2 $240 1 $55 $0 12 $1,845 $0 $1,845 9.3 Prepare Regulatory Permit Application Packages (CDFW and RWQCB only)$0 4 $720 10 $2,050 $0 $0 50 $9,000 20 $2,400 1 $110 $0 85 $14,280 $2,000 $2,000 $16,280 9.4 Permit Application Follow-up and Response $0 4 $720 4 $820 10 $1,200 $0 12 $2,160 $0 $0 $0 30 $4,900 $0 $4,900 9.5 Project Management and Team Coordination (Assume 4 meeting calls)4 $840 8 $1,440 0 $0 14 $1,680 $0 $0 $0 $0 4 $320 30 $4,280 $0 $4,280 Subtotal 4 $840 20 $3,600 66 $13,530 26 $3,120 0 $0 67 $12,060 24 $2,880 2 $220 4 $320 213 $36,570 $2,000 $0 $0 $0 $2,000 $0 $38,570 Task 10: CONSTRUCTION DOCUMENTS (CDS) (6 months) 10.1 60% CD Submittal 8 $1,680 80 $14,400 0 $0 120 $14,400 28 $4,060 $0 $0 $0 $0 236 $34,540 $22,000 $3,000 $2,500 $27,500 $62,040 10.2 60% CD Opinion of Probable Costs 2 $420 4 $720 $0 8 $960 $0 $0 $0 $0 $0 14 $2,100 $0 $12,000 $14,100 10.3 60% CD City Coordination/Assistance 2 $420 8 $1,440 $0 8 $960 $0 $0 $0 $0 $0 18 $2,820 $0 $2,820 10.4 City Review Meeting 2 $420 3 $540 $0 4 $480 $0 $0 $0 $0 $0 9 $1,440 $0 $1,440 10.5 95% CD Submittal 8 $1,680 60 $10,800 12 $2,460 120 $14,400 28 $4,060 $0 $0 $0 $0 228 $33,400 $22,000 $4,000 $3,000 $29,000 $62,400 10.6 City Review Meeting 2 $420 4 $720 $0 8 $960 $0 $0 $0 $0 $0 14 $2,100 $0 $2,100 10.7 Project Management and Team Coordination (Assume 6 meeting calls, ~1 per month)6 $1,260 12 $2,160 $0 12 $1,440 $0 $0 $0 $0 6 $480 36 $5,340 $0 $5,340 Subtotal 30 $6,300 171 $30,780 12 $2,460 280 $33,600 56 $8,120 0 $0 0 $0 0 $0 6 $480 555 $81,740 $44,000 $0 $7,000 $5,500 $56,500 $12,000 $150,240 Task 11: CITY PERMITTING/100% CDS (2 months) 11.1 City Permit Application 24 $5,040 60 $10,800 0 $0 60 $7,200 16 $2,320 $0 $0 $0 $0 160 $25,360 $2,000 $2,000 $1,000 $5,000 $30,360 11.2 100% CD/Permit Set 8 $1,680 40 $7,200 8 $1,640 120 $14,400 28 $4,060 $0 $0 $0 $0 204 $28,980 $8,000 $3,000 $3,000 $3,000 $17,000 $45,980 11.3 Project Management and Team Coordination (Assume 6 calls)6 $1,260 18 $3,240 $0 12 $1,440 $0 $0 $0 $0 8 $640 44 $6,580 $0 $6,580 Subtotal 38 $7,980 118 $21,240 8 $1,640 192 $23,040 44 $6,380 0 $0 0 $0 0 $0 8 $640 408 $60,920 $10,000 $3,000 $5,000 $4,000 $22,000 $0 $82,920 Task 12: BIDDING SUPPORT (2.5 months) 12.1 Pre-bid Meeting $0 6 $1,080 $0 6 $720 1 $145 $0 $0 $0 $0 13 $1,945 $0 $200 $2,145 12.2 Bid Assistance Allowance (Bidder Question Response, Addenda)1 $210 6 $1,080 $0 6 $720 1 $145 $0 $0 $0 $0 14 $2,155 $2,500 $1,000 $1,000 $4,500 $6,655 12.3 Conformed Construction Set Submittal 1 $210 8 $1,440 $0 32 $3,840 12 $1,740 $0 $0 $0 $0 53 $7,230 $2,500 $1,000 $1,000 $4,500 $11,730 12.4 Project Management and Team Coordination (Assume 3 meeting calls)3 $630 12 $2,160 $0 6 $720 $0 $0 $0 $0 3 $240 24 $3,750 $0 $3,750 Subtotal 5 $1,050 32 $5,760 0 $0 50 $6,000 14 $2,030 0 $0 0 $0 0 $0 3 $240 104 $15,080 $5,000 $0 $2,000 $2,000 $9,000 $200 $24,280 Task 13: CONSTRUCTION ADMINISTRATION (12 months) 13.1 Preconstruction Meeting Participation $0 8 $1,440 $0 $0 $0 $0 $0 $0 $0 8 $1,440 $0 $1,440 13.2 Responses to Contractor Submittals 4 $840 100 $18,000 0 $0 60 $7,200 16 $2,320 $0 $0 $0 $0 180 $28,360 $10,000 $2,000 $2,000 $14,000 $42,360 13.3 Construction Meetings and Site visits (see scope qty)16 $3,360 100 $18,000 0 $0 12 $1,440 20 $2,900 $0 $0 $0 $0 148 $25,700 $1,000 $1,000 $1,500 $28,200 13.4 Preliminary Punch List Site Visit and Preparation 1 $210 10 $1,800 $0 $0 10 $1,450 $0 $0 $0 $0 21 $3,460 $0 $3,460 13.5 Final Punch List Site Visit and Preparation 1 $210 10 $1,800 $0 $0 10 $1,450 $0 $0 $0 $0 21 $3,460 $0 $3,460 13.6 Project Management and Team Coordination (Assume 10 meeting calls, ~1 per month)10 $2,100 40 $7,200 $0 $0 $0 $0 $0 $0 10 $800 60 $10,100 $0 $1,200 $11,300 Subtotal 32 $6,720 268 $48,240 0 $0 72 $8,640 56 $8,120 0 $0 0 $0 0 $0 10 $800 438 $72,520 $10,000 $0 $3,000 $2,000 $15,000 $2,700 $90,220 149 $31,290 723 $130,140 86 $17,630 774 $92,880 204 $29,580 67 $12,060 24 $2,880 2 $220 39 $3,120 2068 $319,800 $96,000 $3,000 $20,000 $15,500 $134,500 $47,900 $502,200 5%Markup (Direct Costs/Administrative)$6,725 $2,395 $9,120 $511,320 Irrigation Designer NOTE: A 20% design contingency, higher than the City's standard 10%, is highly recommended based on on-going CEQA review, pending regulatory permits, and the technical complexity of the site. Permitting PM Alex Broskoff Biologist Professional Fees Totals MIG Totals BKF (Civil) Sub Totals KPFF (Struct allowance) Ninyo+ Moore (Geotech allowance) Atium (Elect allowance) Senior Biologist Project Assistant Melissa Erikson Lori ManessDino Viale Staff Support Kalankar/Kempton Direct Costs SUBTOTAL TOTAL PROJECT COSTS Casey Howard Project Associate MIG, Inc.Subconsultants Principal-in-Charge David GallagherJan Eiesland Project Manager EXHIBIT C-1 30CC 05-07-2024 30 of 266 CC 05-07-2024 30 of 266 EXHIBIT C-1 : Hourly Rates and Reimbursable Expenses Lawrence Mitty Park and Trail Plan, Cupertino, CA March 2024 EXHIBIT C-1 Unless specified otherwise, invoices are submitted monthly showing time and charges for professional services by staff category and a separate figure for expenses . Invoices are payable upon receipt. Invoices unpaid past 30 days are subject to interest at 1-1/2% per month. MIG Inc. labor includes all overhead. Hour ly rates by position are noted be low: Role Principal-in -Charge Project Manager Irrigation Designer Landscape Des igner CEQA/Envlronmental , Principal CEQA/Envi ronmental , Directo r CEQA Project Manager Pe r mitting PM Senior Biologist/Sen ior Analyst Biologist/Noise Analyst/GI$ Project Support Project Assistant Expenses are as follows : Type Automobile travel Mea ls Photocopy (letter and tabloid) Colo r cop ies (letter and tab loid) Commercial printing/plotting Subcon t ractor s Other {lab tests, aerial photos, etc) $/hour $210 $180 $145 $120 $220 $195 $180 $205 $180 $120 $120 $80 Rate current IRS rate cost+ 5% $0.10/print $0.50/print cost + 5% cost+ 5 % cost+ 5% 31CC 05-07-2024 31 of 266 CC 05-07-2024 31 of 266 FOURTH AMENDMENT TO AGREEMENT 402 BETWEEN THE CITY OF CUPERTINO AND MIG, INC FOR LAWRENCE-MITTY PARK AND TRAIL IMPLEMENTATION PLAN This Fourth Amendment to Agreement 402 between the City o f Cupertino and MIG , Inc . is by and between the City of Cupertino a municipal corporation (hereinafter "City") and MIG fnc , a Corporation ("Contractor') whose address is 2055 Junction Ave, Suite 205 , San Jose, CA 95131 and is made with reference to the following : RECITALS: A. On December 09 , 2021 Agreement 402 (' Agreement'') was entered into by and between City and Contractor for Lawrence-Mitty Park and Trail Implementation Plan. B. The City and Contractor entered into a First Amended Agreement for Lawrence-Mitty Park and Trail Implementation Plan (""First Amendment") effective February 28 , 2022. C. The City and Contractor entered into a Second Amended Agreement for Lawrence- Mitty Park a11d Trail Implementation Plan ("Second Amendment'') effective August 25 , 20_2, D. The City and Contractor entered into a Third Amended Agreement for Lawrence- Mitty Park and Trail Implementation Plan ( 'Third Amendment") effective October 13 2022. E. The Original Agreement , First Amendment, Second Amendment and Third Amendment are collectively referred to as the ;.Agreement" unless otherwise indicated. F. City and Contractor to continue Contractors services to the City under the Agreement and hereby affinn their intent that it remain in full force and effect as amended and reinstated by this Fourth Amendment. NOW , THEREFORE it is mutually agreed by and between the undersigned parties as follows: 1. Paragraph 3 .1 of the Agreement is modified to read as follows : Term. This Agreement begins on the Effective Date and ends on June 30 , 2026 , unless tenninated earlier as provided herein ( 'Contract Time·). 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 . 2 . Except as expressl y modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect. SIGNATURES CONTINUE ON TH E FOLLOWING PAG E 1 32CC 05-07-2024 32 of 266 CC 05-07-2024 32 of 266 IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed . CITY OF CUPERTINO By A,~w,.. Title City Manager Date Mar 27, 2024 APPROVED AS TO FORM Chrisfopher D. Jensen City Attorney ATTEST: City Clerk Date Mar 27, 2024 .MIG, INC Title Vice President and Chief Development Officer Date Mar 20, 2024 2 33CC 05-07-2024 33 of 266 CC 05-07-2024 33 of 266 ~ ACORD® CERTIFICATE OF LIABILITY INSURANCE I PATE (MM/DDIYYYY) ~ 8nt2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder ls an ADDITIONAL INSURED, the pollcy(les) ,nust 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). PRODUCER ~~1~CT Jo Lusk AssuredPartners Design Professionals Insurance Services, LLC fA~~N,_t ,,_.,. 510-272-1465 ' FAX 3697 Mt. Diablo Blvd Suite 230 IA/C Nol: Lafayette CA 94549 !flJ~ss: CertsDesianPro@AssuredPartners.com INSURERCSI AFFORDING COVERAGE NAIC# I l ro~ooN< 60nJ7,1 ~ INSURER A : BERKLEY INSURANCE COMPANY 32603 INSURED MIGINC0--01 1NSURERB : Travelers Property Casualty Company of America 25674 MIG , Inc. INSURER c: The Travelers lndemnitv Cornoanv of Connecticut 25682 Moore lacofano Goltsman , Inc. 800 Hearst Ave INSURER o : The Travelers Indemnity Company 25658 Berkeley CA 94710 INSURERE : INSURER Fe COVERAGES CERTIFICATE NUMBER: 1537881182 REVISION NUMBER: T'H IS IS TO CERTIFY THAT Tl-iE POUCIES 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 . INSR AODL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE •••~n wun POLICY NUMBER IMMIOD/YYYYI IMM/DD/YVVVl LIMITS C X COMMERCIAL GENERAL LIABILITY y y 6801 H899998 8/31/2023 8/3 1/2024 EACH OCCURRENCE $1,000,000 -=i CLAIMS•MADE 0 OCCUR PRaiisEJ 'i'~~~ern:.l' -$1,000 ,000 X Contractual Llab MED EXP (Any one pernon ) $10,000 - _ lnduded PERSONAL & ADV INJURY $1 ,000,000 GEN'LAGGREGATE LIMIT APPLIES PE R: GENERAL AGGREGATE $2,000,000 ~ 0 PR0-D Lo c PRODUCTS -COMP/OP AGG $2,000,000 POLICY JECT OTHER : s C AUTOMOBILE LIABILITY y y BAOS579947 8/31/202:l 8131 /2 024 ~~~~~tflNGLE LIMIT s 1.000.000 -X ANY AUTO BODILY INJURY (Pe, persoo) l, ,__ OWNED ~ SCHEDULED BODILY INJURY (Per acddent) S ,__ AUTOS ONLY ---AUTOS X HIRED X NO.N-OWNEO tp~~~;,~d"Z,~AMAGE $ ,__ AUTOS ONLY ---Al.!T OSONLY s e X UMBRELLA LIAB ~ OCCUR '( y CUPOH758762 8/31/202:l 8/31/2024 EACH OCCURRENCE $ 10 ,000 ,000 ,__ EXCESSLIAB CLAIMS•MADE AGGREGATE $10,000 ,000 DED I X I RETENTION$ n $ 0 WORKERS COMPENSAT ION y UB2L553909 8/3 1/2023 8/31/2024 X I ~~~TE I I OTii- ER AND EMPLOYERS' LIABILITY YIN ANYPROPRIETORIPARTNERIEXECUTIVE 0 NIA E.L. EACH ACCIDENT S 1,000 ,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) EL DISEASE· EA EMPLOYEE S 1,00 0,000 lf rn, describe under D CRIPTION OF OPERATIONS below E.L DISEASE -POLICY LIM IT S 1,000 .000 A Profess,c nal Liabitttg & AEC907002005 8/3 1/2023 8/31/2024 Per Clalm/S,000,000 S5 ,000 ,000 /Agg r Conlr. Pollution L,a lndod@d Included DESCRIPTION OF OPERATIONS I LOCATIONS/ VEHICLES (AC ORD 101, Additional Romarks Schedule , rnay be ahochod If _more space Is required) Umbrella Liability policy is a follow-form to its underlying Policies: General Liability/Auto Liability/Employers Liability. Re: Lawrence M itty Park and Trail Master Plan The Clty of Cupertino, its Cfty Council , office rs , officials , employees. agents, servants and volunteers are named as a n additional insured as respects general liability and auto liability as required per written contract or agreement Genera l Liab ility is Primary/Non-Contributory per policy form word ing _ Insurance coverage includes waiver of subrogation per the attached endorsement(s). CERTIFICATE HOLDER City of Cupertino 10300 Torre Avenue CURertino Ct, 95014 ACORD 25 (2016/03) CANCELLATION 30 Da Notice of Cancellation SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TH E EXPIRATION DATE THE REOF , NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 34CC 05-07-2024 34 of 266 CC 05-07-2024 34 of 266 POLICY NUMBER : 680-1 H899998 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifjes insurance provided under the following: COMM ERCIAL GENERAL LI ABI LI TY COVERAGE PART SCHEDULE Names of Add itional Insured Person(s) or Orga nization(s): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part. provided that such written contract was signed by you before.and is in effect w hen, the "bodily injury" or "property damage" occurs o r the "personal injury" or "advertising injury" offen se is committed. Location of Covered Operatio ns : Any project to which a written cont ract with the Additional Insured Person(s) or Organization(s) in the Schedule applies. (Information requlred to complete this Schedule, if not shown above, will be shown in the Declarations.) A. Section II -Who Is An In sured is amended to in- clu de as an additional insured t he person(s) or orga nization(s) shown in the Sch edule, b ut only wi th respect to liability for "b odily injury", "property damage", "personal injury" or "advertising injury" caused, in y.hole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply : CG 03 61 0305 This insurance does not apply to "bodily injury" or "property damage" occurring, or "personal injury" or "a dve rtising injury" arising out of an offense committed, after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other tha n service , mainte- nance or repairs) to be performed by or on behalf of the additional insured(s) at the loca- tion of the covered operations has been com- pleted; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontrac- tor engaged in performing operations for a princlpal as a part of the same project. CGT8 03 08 23 Copyright 2005 The St. Paul Travelers Companies , Inc. All rights reserved. ncludes copyrighted material of Insurance Services Office, Inc. with its peITTlission. DATE OF ISSUE: 0B/06/2023 Page 1 of 1 35CC 05-07-2024 35 of 266 CC 05-07-2024 35 of 266 POLICY NUMBER: 680-1H899998 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following : COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person{s) Or Organization(s): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part for "bodily injury" or "property damage'' included in the products-completed operations hazard, provided that such contract was signed by you before, and is in effect when, the "bodily injury or "property damage" occurs. Location And Description Of Completed Operations Any project to which a written contract with the Additional Insured Person(s) or Organization(s) in the Schedule applies. Information required to complete this Schedule, if not shown above. will be shown in the Declarations . Section II -Who Is An Insured is amended to in- clude as an additional insured the person(s) or or- ganization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part, by "your work" at the CG 20 37 07 04 location designated and described in the schedule of this endorsement performed for that additional in- sured and included in the "products-comp·Jeted opera- tions hazard". CG TB 04 OS 23 © ISO Properties , Inc., 2004 DATE OF ISSUE: 08/06/202~ Page 1 of 1 36CC 05-07-2024 36 of 266 CC 05-07-2024 36 of 266 Policy# sso1Ha999sa COMMERCIAL GENERAL LI ABILITY c. Method Of Sharing If all of t he other insurance permits contribution by equal s hares, we will follow th is method also. Under this approach each insurer contri butes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of t he other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method , each insurer's s h are is based on the ratio of its applicable limit of Insurance to the total applicable limits of insurance of all insurers . Primary And Non-Contributory Insurance If a. The statements i n t he Declarations are accurate and complete ; b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. The unintentional omission of, or un intentional error in, any information provided by you which we relied upon in issuing this policy will not prejudice your rights under this insurance. However, this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or nonrenewal in accordance with applicable insurance laws or regulations. -->➔ d . Required By Written Contract ---?;,,7. Separation Of Insureds If you specifically agree in a written contract or agreement that the insurance afforded to an insured under this Coverage Part must apply on a primary basis , or a primary and non- contributory basis, this insurance is primary to other insurance that is available to such insured which covers such insured as a named insured , and we will not share with that other insurance , provided that: (1) The "bodily injury'' or "property damage'' for which coverage is s ought occurs; and (2) Th e ''personal and advertis ing injury'' for Which coverage is sought is caused by an offense that is committed ; subsequent to the signing of that contract or agreement by you. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured . The due date for audit and retrospective premiums is the date shown as the due date on the bill . If the sum of the advance and audit premiums paid for the poli cy period is greater than the earned premium, we will return the excess to t he first Named Insured. c . The first Named Insured must keep records of the Information we need for premium c omputation , and send us copies at such t imes as we may request. 6, Representations By accepting this policy, you agree: Except with respect t o ttie Limits of Insurance , and any rights or duties specifically assigned In th is Coverage Part to the first Named Insured, th is insurance applies: a. As if each Named Insured were the only Named In sured; and b. Separately to each in sured against wh om cl atm is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us l f the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request. t he insured will bring ''suit'' or transfer those rights t o us and help us enforce them. 9. When We Do Not Renew If we declde not to renew this Co\.€rage Part. we will mail or deliver to the first Named Insured shown in the Dec larations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed , proof of malling wil l be sufficient proof of notice _ SECTION V -DEFINITIONS 1. "Advertisement'' means a notice that is broad cast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition: a . Notices that are published include material placed on the Internet or on similar electronic means of communication ; and b. Regarding websites, only that part of a webs ite that is about your goods , products or servi ces for the purposes of attracting customers or s up porters is considered an advertisement. Page 16 of21 ©2017 The Travelers Indem ni ty Compa ny _ All ri ghts re served . CG T1000219 Includes copy right ed material of Insurance Services Office. Inc. with fts p ermission . 37CC 05-07-2024 37 of 266 CC 05-07-2024 37 of 266 Policy # 6801HS99998 occupational therapist or occupational therapy assistant , physical therapist or speech-language pathologist; or (b) First aid or ''Good Samaritan services" by any of your "employees" or "volunteer workers", other than an employed or volunteer doctor. Any such "employees" or "volunteer workers" providing or failing to provide first aid or ''Good Samaritan services" during their work hours for you Will be deemed to be acting within the scope of therr employment by you or performing duties related to the c-onduct of your business. 3. The following replaces the last sentence of Paragraph 5. of SECTION Ill -LIMITS OF INSURANCE : For the purposes of determining the applicable Each Occurrence Limit, all related acts or omissions committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to any one person will be deemed to be one "occurre nce". 4. The following exclusion is added to Paragraph 2., Exclusions , of SECTION I - COVERAGES -COVERAGE A -BODILY INJURY AND PROPERTY DAMAGE LIABILITY: Sale Of Pharmaceuticals '1Bodily injury'' or ''property damage" arising COMMERCIAL GENERAL LIABILITY that is available to any of your "employees" for "bodily injury" that arises out of providing or failing to provide "incidental medical services" to any person to the extent not subject to Paragraph 2.a .(1) of Section II - Who Is An Insured. K. MEDICAL PAYMENTS-INCREASED LIMIT The following replaces Paragraph 7. of SECTION Ill -LIMITS OF INSURANCE: 7. Subject to Paragraph 5. above , the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person, and will be the higher of: a. $10,000 ; or b. The amount shown in the Declarations of this Coverage Part for Medical Expense Limit . L. AMENDMENT OF EXCESS INSURANCE CONDITION -PROFESSIONAL LIABILITY The following is added to Paragraph 4.b., Excess Insurance, of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: This insurance is excess over any of the other insurance , whether primary , excess , contingent or on any other basis , that is Professional Liability or similar coverage , to the extent the loss is not subject to the professional services out of the violation of a penal statute or ordinance relating to the sale of pharmaceuticals committed by , or with the➔ M. knowledge or consent of the insured . exclusion of Coverage A or Coverage B. BLANKET WAIVER OF SUBROGATION - WHEN REQUIRED BY WRITTEN CONTRACT OR AGREEMENT 5. The following is added to the DEFINITIONS Section : "Incidental medical services'' means : a. Medical , surgical, dental, laboratory, x- ray or nursing service or treatment, advice or instruction, or the related furnishing of food or beverages; or b. The furnishing or dispensing of drugs or medical , dental , or surgical supplies or appliances . 6. The following is added to Paragraph 4.b., Excess Insurance , of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS : This insurance is excess over any valid and collectible other insurance, whether primary , excess , contingent or on any other basis , The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us , of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS : If the insured has agreed in a written contract or agreement to waive that insured's right of recovery against any person or organization , we waive our right of recovery against such person or organization, but only for payments we make because of: a. "Bodily injury" or "property damage" that occurs; or b. "Personal and advertising injury" caused by an offense that is committed; subsequent to the signing of tha t contract or agreement. CG 03 79 0219 © 2017 The Tral/e ler-s Indem nity Comp any . All rights reserved . Page 5 of6 Includes copyrighted material of Insurance Services Office , Inc. with 1ts permission 38CC 05-07-2024 38 of 266 CC 05-07-2024 38 of 266 Policy Number: BA0 S579947 COMMERC IAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the fo llowing: BUSINESS A UTO COVERA G E FORM GENERAL DESCRIPTION OF COVERAGE -Th is endorsement broadens coverage. However, coverage for any inj ury, damage or m edical expenses described in any •Of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part. and t hese coverage broadening provisions do not apply to t he extent that cove rage is excl uded or limited by such an endorsement. Th e followi ng listing is a general cover- age description only. Li mitations and exclus ions may apply to t hese cove rages. Read all t he provisions of this en- dorsement and the rest of your policy carefu lly to determine rights, duties, and w hat is a nd is not covered. A. BROAD FORM NAMED INSURED 8 . BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D . EMPLOYEES AS INSURED E . SUPPLEMENTARY PAY MENTS -INCREASED LIMITS F. HIRED AUTO -LIM ITED WORLDWIDE COV- ERAGE -INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE -GLASS P ROVISIONS A. BROA D FORM NAMED INSURED The following is added to Paragraph A.1 .. Who I s An Insured , of SECTION II -COVERED AUTOS LIABILITY COVERAGE: Any organization you newly acquire or form dur- ing the policy period over which you maintaih 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- ever is earlier. B . BLA N K ET ADDITIONAL I NSU RED The following Is added to Paragraph c. in A.1., Who Is A n In sured , of SECTION II -COV ERED A UT OS LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an ''insured" for Covered Autos Liability Coverage, but only for damages to which H. HIRED AUTO PHYSICAL DAMAGE -LOSS OF USE -INCREASED LIMIT I. P H YSICAL DAMAG E -TRANSPO RTATI ON EXPENSES -INCREASED LIMIT J . PERSONAL P R OPERTY K. AIRBAGS L. NOTICE A ND KNOWLEDGE OF A CCIDENT O R LOSS M. BLANKET WAI VER OF SU BROGATION N. UNINTENTIONAL ERRORS OR OMISSION S this insurance applies and only to the extent that person or organization qual ifies as an ''insured" under the Who Is An Insured provision contained in Section II. C. EMPLOYEE HIRED AUTO 1. T he following is added to Paragraph A .1., Who Is An Insured, of SECTION II -COV• ERED AUTOS LIABI LITY COVERAGE: An "employee" of yours is an "insured" while operating an "auto'' hired or rented under a contract or agreement in an ''employee's'' name, with your permission, whi le performing duties re lated to the conduct of your busi- ness. 2. The following replaces Paragraph b . in B .S., Othe r Ins urance, of S ECTION I V -BUS I• NESS A UTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in an "employee's" name, with your CAT35302 15 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 4 Inc ludes copyrighted material of In su rance Services Office, Inc. w ith lts permission 39CC 05-07-2024 39 of 266 CC 05-07-2024 39 of 266 COMMERCIAL AUTO permlssion. while performing duties related to the conduct of your busi- ness. However. any ''auto" that is leased, hired. rented or borrowed with a driver is not a covered •·auto ". D. EMPLOYEES AS INSURED The following is added to Paragraph A. 1 .. Who Is An Insured . of SECTION II -COVERED AUTOS LIABILITY COVERAGE : Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs . E. SUPPLEMENTARY PAYMENTS -INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2), of SECTION II -COVERED AUTOS LIABIL- ITY COVERAGE : (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds . 2. The following replaces Paragraph A.2.a.(4). of SECTION II -COVERED AUTOS LIABIL- ITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work . F. HIRED AUTO -LIMITED WORLDWIDE COV- ERAGE -INDEMNITY BASIS The following replaces Subparagraph (5) in Para- graph B.7., Policy Period, Coverage Territory , of SECTION IV -BUSINESS AUTO CONDI • TIONS: (5) Anywhere in the world , except any country or jurisdiction while any trade sanction. em- bargo, or similar regulation imposed by the United States of America applies to and pro- hib its the transaction of business with or within such country or jurisdiction, for Cov- ered Autos Liability Coverage for any covered "auto" that you lease. hire, rent or borrow without a driver for a period of 30 days or less and that is not an "auto" you lease , hire , rent or borrow from any of your "employees". partners (if you are a partnership), members (if you are a limited liability company) or members of their households. (a) With respect to any claim made or "suit" brought outside the United States of America. the territories and possessions of the Un ited States of America , Puerto Rico and Canada : (i) You must arrange to defend the "i n- su red" against, and investigate or set- tle any such claim or "suit'' and keep us advised of all proceedings and ac- tions . (ii) Neither you no r any other involved "Insured" will make any settlement without our consent. (iii) We may, at our discretion, participate in defending the "insured" against. or in the settlement of, any claim or "suit". (iv) We will reimbu rse the "insured" for sums that the "insured" legally must pay as damages because of "bodily injury' or ''pro perty damage" to which this insurance applies , that the "in- sured" pays with our consent, but only up to the limit described in Para- graph C., Limits Of Insurance, of SECTION II -COVERED AU TOS LIABILITY COVERAGE. (v) We will reimburse the ''insured" for the reasonable expenses incurred with our consent for your ,investiga- tion of such claims and your defense of the ''insured" against any such "suit". but only up to and included within the limit described in Para- graph C., Limits Of Insurance. of SECTION II -COVERED AUTOS LIABILITY COVERAGE , and not in addition to such limit. Our duty to make such payments ends when we have used up the applicable limit of insurance in payments for damages, settlements or defense expenses. (b} This insurance is excess over any valid and collectible other insurance available to the "insured" whether primary, excess, contingent or on any other basfs. (c) This insurance is not a substitute for re- quired or compulsory insurance in any country outside the United States, its ter- ritories and possessions, Puerto Rico and Canada . Page 2 of 4 © 2015 The Travelers Indemnity Company . All r[ghts reserved . CA T3 53 02 15 Includes cop yrighted material of Insurance Services Office , Inc. with its permission . 40CC 05-07-2024 40 of 266 CC 05-07-2024 40 of 266 You agree to maintain all required or compulsory insurance in any such coun• try up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory in· surance requirements. (d) It is understood that we are not an admit· ted or authorized insurer outside the United States of America , its territories and possessions, Puerto Rico and Can- ada . We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other coun t ries relating to insurance. G. WAIVER OF DEDUCTIBLE -GLASS The following is added to Paragraph D., Dedu cti- ble, of SECTION Ill -PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto'' will apply to glass damage if the glass is repaired rather than rep laced. H. HIRED AUTO PH YSICAL DAMAGE -LOSS OF USE -INCREASED LIMIT The following replaces the last sentence of Para- graph A.4.b., Loss Of Use Expenses. of SEC- TION Ill -PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident". I. PHYSICAL DAMAGE -TRANSPORTATION EXPENSES -INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SECTION Ill -PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. J . PERSONA L PROPERTY The following is added to Paragraph A.4 .. Cover• age Extensions, of SECTION Ill -PHYSICAL DAMAGE COVERAGE: Personal Property We wil l pay up to $400 for ''loss" to wearing ap- parel and othe r personal property which is: (1) Owned by an "insured"; and COMMERCIAL AUTO (2) In or on your covered "auto". This coverage applies only in the event of a total theft of your covered "auto". No deductibles apply to this Personal Property coverage. K. AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION Ill -PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to ''loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1 .b . and A.1.c.. bul only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated . We will pay up to a maximum of $1,000 for any one "loss". L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV -BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representa- tive prompt notice of the "accident" or "loss" ap- plies only when the "acddent" or "loss" is known to: (a) You (if you are an individual); (b) A partner (if you are a partnership); (c) A member (if you are a limited liability com• pany); (d) An executive officer, director or insurance manager (if you are a corporation or other or- ganization); or (e) Any "employee" authorized by you to give no- tice of the ''accident" or "Joss". M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us. of SECTION IV -BUSINESS AUTO CONDI• TIONS : 5. Transfer Of Rights Of Recovery Against others To U s We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract signed and executed prior to any "accident" or "loss'', provided that the "accident" or "loss" arises out of operations contemplated by CA T3 53 021S © 2015 The Travelers Indemnity Company. All rights reserved . Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc. wilh its permission. 41CC 05-07-2024 41 of 266 CC 05-07-2024 41 of 266 COMMERCIAL AUTO such contract The waiver applies on ly to the person or organization designated in such contract. N. UNINTENTIONAL ERRORS OR OMISSIONS The following is added to Paragraph B.2., Con- cealment, Misrepresentation , Or Fraud . of SECTION IV -BUSINESS AUTO CONDITIONS : The unintentional omIss1on of, or unintentional error in, any information given by you shall not prejudice your rights under th is insurance. How- ever this provision does not affect our right to col- lect additional premium or exercise ou r right of cancellation or non-renewal. Page 4 of 4 © 2015 The Travelers Indemnity Cornpa ny . All rights reserved . CA T3 53 0215 Includes copyrigh ted material of Insurance Services Office, Inc. with its permission. 42CC 05-07-2024 42 of 266 CC 05-07-2024 42 of 266 Policy#; BA0S579947 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULL V. BLANKET ADDITIONAL INSURED -PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE This endorsement modifies insurance provided under the following: BUSIN ESS AUTO COVERAGE FORM PROVISIONS 1. The foll owing is added to Paragraph A.1 .c., Who Is An Insured, of SECTION II -COVERED AUTOS LIABILITY COVERAGE: This includes any person or organization who you are required under a written contract or agreement between you and that person or organization , that is signed by you before the "bodily injury" or "property damage" occurs and that is in effect during t he policy period , to name as an additional insured for Covered Autos Liability Coverage, but only for damages to which this insurance applies and only to the extent of that person's or orga nization's liability for the conduct of another ''insured". 2. The following is added to Paragraph B.5., Other Insurance of SECTION IV -BUSINESS AUTO CONDITIONS: Regardless of the provisions of paragraph a. and paragraph d. of this part 5. Oth er Insurance, th is insurance is primary to and non-contributory with applicable other insurance under which an additiona l insured persori or organization is the first named insured when the written contract or agreement between you and that person or organization, that is s1gned by you before the ''bodily injury" or "property damage" occurs and that is in effect during the policy period, requires this insurance to be primary and non-contributory. CA T4 74 02 16 © 2016 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with !ls permission. 43CC 05-07-2024 43 of 266 CC 05-07-2024 43 of 266 ~ TRAVEL ERSJ WORKERS C OMP ENSATION AND EMPLOY ERS LIABILIT Y POLI CY EN DORSE M ENT WC 99 03 76 ( A)- POLI CY NUMBER: UB2L553909 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA (BLANKET WAIVER) We have tM right to recover our payments from anyone liable for an injury covered by th is policy . We will not enforce our-right against the person or organization named in the Schedule. The additional premium for this endorsement shall be rnium. % of the California workers' compensation pre- Sch ed ule Per son or Organizat ion Jo b Description Any Person or organization for which the insured has agreed by written contract executed prior to loss to furnish this waiver. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (Th e information be low is requi red only when this endorsement is issued subsequent to preparation of the policy .) 6 "\.., - -1nsurance Com,pany ..Q ountersigned by ______________ _ The Travelers Indemnity Company DATE OF ISSUE: 8/7/2023 Page 1 of 1 44CC 05-07-2024 44 of 266 CC 05-07-2024 44 of 266 TH IRD AMENDMENT JO AGREEMENT 402 BETWEEN THE CITY OF CUPERTINO AND MIG, INC .. FOR LAWRENCE-MITTY PARK AND TRAIL IMPLEMENTATION PLAN This Third Amendment to Agreement 402 between the City of Cupertino and MIG , Inc. is by and between the City of Cupertino, a municipal corporation (hereinafter "City") and MIG, [nc., a Corporation ("Contractor") whose address is 2055 Junction Ave., Suite 205, San Jose, CA 95131 , and is made with reference to the following: RECITALS: A. On December 09, 2021 Agreement 402 ("Agreement") was entered into by and between City and Contractor for Lawrence-Mitty Park and Trail Implementation Plan. B. City and Contractor desire to modify the Agreement on the tenns and conditions set forth herein. NOW, THEREFORE, it is mutually agreed by and betv,een the undersigned parties as follows : I. Paragraph 4.1 Maximum Compensation of the Agreement is modified to read as follows : City will pay Consultant for satisfactory perf01mance of the Service a total amount that will be based upon actual costs but that will be capped so as not to exceed $341 ,819.00 ("Contract Price"), en-oneous ly stated in first amendment as a not t o exceed $343,784.00, based on the budget and rates set forth in Exhib it C, Compensation, and attached and incorporated here. The Contract Price includes all expenses and reimbursements and will remain in place even if Consultant's actual costs exceed the capped amount. No extra work or payment is permitted in excess of the Contract Price. Exhibits A, A-1, and A-2 of the Agreement are modified to include Exhibit A-3 Additional Services, attached hereto. 2. Paragraph 4.3 Additional Services of the Agreement is modified to read as follows: City has the discretion, but not the obligation, to authorized Additional Services up to an amount not to exceed $48 ,035.00. Additional Services provided to City's reasonable satisfaction wi ll be compensated on a lump sum basis or based on time and expenses, in accordance with the Hourly Rates and Reimbursable Expenses Schedules included in Exhibit C. If paid on an hourly basis, Consultant will be compensated for actual costs only of normal business expenses and overhead, with no markup or surcharge. ('(Reimbursable Expenses"). Consultant will not be entitled to reimbursement for copying, printing, faxes, telephone charges, employee overtime, or travel to City offices or to the Project site. Exhibit A, A-1 and A-2 of the Agreement are modified to include Exhibit A-3, Additional Services, attached hereto. 3. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect. SIGN ATURES CONTINUE ON THE FOLLOWING PAGE 1 45CC 05-07-2024 45 of 266 CC 05-07-2024 45 of 266 fN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed. CITY OF CUPERTINO MIG, INC . BY /Ja;,,u,b Wu Title City Manager Date Oct 13, 2022 Title Vice President/Chief Development Officer Date Oct 13, 2022 APPROVED AS TO FORM City Attorney ATTEST: City Clerk Date Oct 13, 2022 EXPENDITURE DISTRIBUTION Item Original Agreement Amendment #I Amendment #2 Amendment #3 Total Agreement PO Number 2022-325 j Change in Scope, Change in Contract Amount I Change in Scope I Change in Scope , Change in Contract Amount 2 I Amount $293,784.otj $2s soo.001 $19 ,535.ool $341,819.0 46CC 05-07-2024 46 of 266 CC 05-07-2024 46 of 266 September 21, 2022 Matt Morley, D irector of Public Works Susan Michael, CIP Manager, Public Works City of Cupertino -City Hall 10300 Torre Ave. Cupertino, CA 95014 Exhibit A-3 Re: Additional Services Lawrence-M itty Park and Trail Master Plan (MIG proj. no. 30903) Dear Matt and Susan, As discussed with the Cupertino project manager, Lisa Cameli, and in meetings with you both, there have been several work efforts required for the Lawrence Mitty project that fall outside the original scope of work. The first three items were time-sensitive with verba l approval from the project manager to track t ime for these efforts and submit them together at one t ime as an add service. The last two items are also time-sensitive to stay on track with the upcoming events. The following summarizes our request for addrtional work and fees that are above and beyond the original contract, signed Dec. 9, 2021 . All other terms in the original contract remain in effect. Add Services #2 (New Ta sk 7) ............................................................................. $19 ,535 We will add a new task number for this additiona l scope, detailed below: 1. Added t ranslation work for the visioning survey in May-June 2022 (12 hours, $1,835) 2. Additional Meetings. and Additional Requested Staff in April- June 2022, requested by the City PM: • ERC email correspondence and meeting on 4/20/22, (2 staff@ 2 hr. ea., $720) • Site Tour -Extra Biology staff requested to be stationed at Creek (6 hr. -debrief, travel, attendance, $900) • Environmental Planner/CEOA-Soils expert at Joint Commission Meeting on 6/13/22 (2 hr., $390) 3. Fast-tracked Separate Berm Removal Effort in June-Sept. 2022: review of berm work proposal by others, correspondence, several City meetings, and proposed process write-up to move forward (Pr incipal, PM, Environmental Planner, Biologist, 22 hr., $4,110) P LANNINGIDESIGN j COMMUNICAT I ONS jMA NAGEMENT j SCIENCE j TECHNOLO Gy 47CC 05-07-2024 47 of 266 CC 05-07-2024 47 of 266 Add Services Lawrence-Mitty September 21 , 2022 Page 2 of 2 4. Out of scope Community Engagement additi ons, as discussed, in Sept-Oct 2022 (40 hr ., $5,200): • Video posting for Engage Cupertino to e.xplain the 3 alternatives • Coordinate survey #2 questions for Engage Cupertino's posting • Synthesis of survey #2 results 5. Out of scope preparation for CD level mappihg and lnteragency Review . The original AL TA survey was adequate for concept leve l work . It was discussed early on that a more complete topo suNey would be needed in the CD phase -to capture the (moved) soil pile locations/volumes, to reach CD- level accuracy and to be able to share a georeferenced riparian corridor with the agencies (Multiple staff, 24 hr., $6,380). • Coordination/review of upcoming survey request (led by the City of Cupertino) for current soil piles/berms for use in lnteragency meeting • Planned environmental team work in Jan. 2023 to review plans, coordinate, and prepare for/attend an lnteragency review meeting in Feb . 2023 Please feel free to contact us with any questions or additional information needed. Sincerely, 2::9 11 ?JQ Principal, MIG Please sign below to indicate your agreement to the terms outlined in th is letter as a revision to the original contract and budget. Matt Morley, Director of Publ ic Works City of Cupertino Date 48CC 05-07-2024 48 of 266 CC 05-07-2024 48 of 266 ACORD0 CERTIFICATE OF LIABILITY INSURANCE I DATE (MMID DIYYYY) ~ 8/2812022 TH I S CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFI CATE DOES NOT AFFIRMATIVELY OR NEGATM:LY AMEND , EXTEND OR ALTER THE COVERAGE AFFORDED B Y THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFI CATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) 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), PRODUCER ~~?:CT The Certificate Team AssuredPartners Design Professionals Insurance Services, LLC rA~~N.t .,. .... I FAX 3697 Mt. Dtablo Blvd Suite 230 IA/C Nol : Lafayette CA 94549 !~~~ss, CertsDesianPro@AssuredPartners.com INSURER!Sl AFFORDING COVERAGE NAlC# I ,rM~fi.j/. !\QQ374'i INSURER A: Berkley Insurance Comoanv 32603 INSURED MIGINC0-01 INSURER e : Travelers Propertv Casualtv Company of America 25674 MIG , Inc. INSURER c : The Travelers lndemnitv Comoanv of Connecticut 25682 Moore lacofano Goltsman , Inc. 800 Hearst Ave INSURERO: Berkeley CA 94710 INSURER E: INSURERF : COVERAGES CERTIFICATE NUMBER: 724616870 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INS URED NAMED ABOVE FOR THE POUCY 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 . INSR AODL SUBR . :~)-Ji~Vv, 1~~~6%~, LIMITS LT R TYPE OF INSURANCE 11,~n l wvn POLICY NUMBER ~ X COMMERCIAL GENERAL LIABILITY y y 6801 H899998 8/31/2022 8/31/2023 EACH OCCURRENCE S 1,000 ,000 ~ CLAIMS-MADE 0 OCCUR Uf\MA...,c~ ~Enc.n cu $1,000,000 -PREMISES Ea occurrence\ X Con1ract~al Lieb MED EXP {Any one per!!o nj S 10 ,000 - Included PERSONAL & ADV INJURY $1 ,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000 ,000 ~ [K]PRO-O Loc PRODUCTS -COMP/OP AGG $2,000 ,000 POU CY JECT OTHER: $ C AUTOMOBILE LIABILITY y y BAOS579947 8/31/2022 813112023 (C10MBINED SINGLE LIMIT Ea aooa enn $1 ,000 ,000 - X ANY AUTO BODILY 1NJURY (Per pen;oo) $ --OWNED SCHEDULED BOOIL y INJUFW (Per accident) $ -AUTOS ONLY -AUTOS X HIRED X NON-OWN ED IP 1 ROPE~re::t\DAMAGE $ AUTDSONLY AUlOSONLY Per ace, enl -- $ B X UMBRELLA LIAB MOCCUR " y CUPOH758762 8/31/2022 8131/2023 EACH OCCURRENCE $10,000 ,000 - EXCESS LIAS Cl.AIMS-MADE AGGREGATE $10,000,000 OED I X I RETENTION$ 11 $ B WORKERS COMPENSATION y UB2L553909 8/31/2022 813.1/2023 X I ~r:rure I I OTH• ER AN.D EMPLOYERS ' LIABILITY YIN ANYPROPRIETORIPARTNERIEXEClJTfVE □ N/A E.L EACH ACCIDENT $1 ,000 ,000 OFFICER/MEMBER EXCLUDED? (Mandatory In 'NH) E..L. DISEASE -EA EMPLOYEE $1 ,000,000 ~~Me~rJ~ :!i"toPERATIONS ~ow EL DISEASE • POLICY LIMIT S 1,000 ,000 A P/ofe sslonal L1at,11ily N y AEC905795904 8/31 /20 22 8131/2 023 Per Claim $5 ,000 ,000 Aggr<aga1e llmil $5,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (AC ORD 101, AddlUonal Remarks Schedule , may b• attached If more space Is required) Umbrella Liability policy is a follow-form underlying General Liability/Auto Liability/Employers Liability. Re : Lawreoce Mitty Park a.nd Trail Master Plan The City of Cupertino , its City Council, officers, officials, employees , agents, servants and volunteers are named as an additional insured as respects general liability and a uto liability as required per written contract or agreement. General Liability is Primary/Non-Contributory pe r policy form wording. Insuran ce coverage includes waiver of subrogation per the attached endorsement(s). CERTIFICATE HOLDER City of Cupertino 10300 Torre Avenue Cupertino CA 95014 ACORD 25 {2016103) CANCELLATION ~O Da s Notice of Cancellation SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DA.TE THER EOF , NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. © 1988-2015 ACORD CORPORATION . All rights reserved . The ACORD name and logo are registered ,narks of ACORD 49CC 05-07-2024 49 of 266 CC 05-07-2024 49 of 266 Policy Number: BA0S579947 COMMERCI AL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following : BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE -This endorsement brocidens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part. and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only . Limitations and exclusions may apply to these coverages. Read all the provisions of this en - dorsement and the rest of your policy carefully to determine rights , duties, and what is and is not covered. A. BROAD FORM NAMED INSURED B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS -INCREASED LIMITS F. HIRED AUTO -LIMITED WORLDWIDE COV- ERAGE -INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE -GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A. 1 ., Who Is An Insured, of SECTION II -COVERED AUTOS LIABILITY COVERAGE : Any organization you newly acquire or form dur- ing the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- ever is earlier_ 8. BLANKET ADDITIONAL INSURED The following is added to Paragraph c. in A.1., Who Is An Insured , of SECTION II -COVERED AUTOS LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Covered Autos Liability Coverage , but only for damages to which H. HIRED AUTO PHYSICAL DAMAGE -LOSS OF USE -INCREASED LIMIT I. PHYSICAL DAMAGE -TRANSPORTATION EXPENSES -INCREASED LIMIT J. PERSONAL PROPERTY K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M . BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS this insurance applies and only to the extent that person or organization qualifies as an "insured " under the Who Is An Insured provision con t ain ed in Section II . C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured . of SECTION II -COV- ERED AUTOS LIABILITY COVERAGE: An "emp loyee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. 2. The following replaces Paragraph b. in B.S .. Other Insurance , of SECTION IV -BUSI· NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own : (1) Any covered "auto'' you lease, hire . rent or borrow: and (2) Any covered ''auto" hired or rented by your "employee" under a contract in an "employee 's" name , with your CA T3 53 021S © 2015 The Travelers Indemnity Company _ All ri ghts reserved _ Page 1 of 4 Includes copyrighted material of Insurance Services Office , Inc _ with its permission - 50CC 05-07-2024 50 of 266 CC 05-07-2024 50 of 266 COMMERCIAL AUTO perm1ss1on. while performing duties related to the conduct of your busi- ness, However. any "auto" that is leased, hired , ren ted or borrowed with a driver ls n ot a covered "auto". D. EMPLOYEES AS INSURED The following is added to Paragraph A.1 .. Who Is An Insured , of SECTION II -COVERED AUTOS LIABILITY COVERAGE: Any "e mployee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affaits. E. SUPPLEMENTARY PAYMENTS -INCREASED LIMITS 1. The following replaces Pa ragra ph A.2.a .(2), of SECTION II -COVERED AUTOS LIABIL- ITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- duding bonds for related traffic law viola- tions) requfred because of an "accident" we cover. We do not have to furnish these bonds. 2 . The following replaces Paragraph A.2.a.(4). of SECTION II -COVERED AUTOS LIABIL- ITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work. F . HIRED AUTO -LIMITED WORLDWIDE COV- ERAGE -INDEMNITY BASIS The following replaces Subparagraph (5) in Para- graph 8 .7., Policy Period, Coverage Territory, of SECTION IV -BUSINESS AUTO CONDI- TIONS: (5) Anywhere in the world. except any country or jurisdiction while any trade sanction, em- bargo, or similar regulation imposed by the United States of America applies to and pro- hibits the transaction of business with or within such country or jurisd iction. for Cov- ered Autos Liability Coverage for any covered "a uto" that you lease, hire. rent or borrow without a driver for a period of 30 days or less and that is not an "auto" you lease, hire, rent or borrow from any of your "emp loyees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households. (a) With respect to any claim made or "suit" brought outside the United States of America, the territories and possessions of the United States of Amedca. Puerto Rico and Canada: (i) You must arrange to defend the "in· s ured " against. and investigate or set- tle any such claim or "suit" and keep us advised of all proceedings and ac- tions. (ii) Neither you no r any other involved "insured" will make any settlement without our consent. (iii) We may, at our discretion, participate in defending the "insured" against, or in the settlement of. any claim or ''suit". (iv) We will reimburse the "insured" for sums that the "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, that the "in- sured" pays with our consent. but only up to the limit described in Para- graph C.. Limits Of Insurance. of SECTION II -COVERED AUTOS LIABILITY COVERAGE. (v) We will reimburse the "insuted" for the reasonable expenses incurred with our consent for your investiga- tion of such claims and your defense of the "insured" against any such "suit". but only up to and included within the limit described in Para- graph C.. Limits Of Insurance, of SECTION II -COVERED AUTOS LIABILITY COVERAGE, and not in addition to such limit. Our duty to make such payments ends when we have used up the applicable limit of insurance in payments for damages, settlements or defense expenses . (b) This insurance is excess over any valid and collectible other insurance available to the "insured" whether primary, excess, contingent or on any other basis. (c) This insurance is not a substitute for re- quired or compulsory insurance in any country outside the United States , its ter- ritories and possessions, Puerto Rico and Canada. Page 2 of 4 © 2015 The Tral/elers Indemnity Company. All rights reserved. CA T3 53 0215 Includes copyrighted material of Insurance Services Office. Inc. with Its permission . 51CC 05-07-2024 51 of 266 CC 05-07-2024 51 of 266 You agree to maintain all required or compulsory insurance in any such coun- try up to the minimum limits re quired by local law . Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy , but we will only be liable to the same extent we would have been liable had you complied with the compulsory in- surance requirements . (d) It is understood that we are not an admit- ted or authorized insurer outside the United States of America. it s territories and possessions . Puerto Rico and Can- ada. We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE -GLASS The following is added to Paragraph D., Deducti- ble , of SECTION Ill -PHYSICAL DAMAGE COVERAGE : No deductib le for a covered "auto" will apply to glass damage if the glass is repaired rathe r than rep laced. H. HIRED AUTO PHYSICAL DAMAGE -LOSS OF USE -INCREASED LIMIT The following replaces the last sentence of Para- graph A.4.b., Loss Of Use Expenses, of SEC- TION Ill -PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident". I. PHYSICAL DAMAGE -TRANSPORTATION EXPENSES -INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses , of SECTION Ill -PHYSICAL DAMAGE COVER- AGE : We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. J. PERSONAL PROPERTY The following is added to Paragraph A.4., Cover- age Extensions , of SECTION Ill -PHYSICAL DAMAGE COVERAGE : Personal Property We will pay up to $400 for "loss" to wearing ap- parel and other personal property which is: (1) Owned by a.!!_'.'insured": and COMMERCIAL AU TO (2) In or on your covered ''auto ". This coverage applies only in the event of a total theft of your covered "auto". No deductibles apply to this Personal Property coverage. K. AIRBAGS The follow in g is added to Paragraph B.3 ., Exclu• sions. of SECTION Ill -PHYSICAL DAMAGE COVERAGE : Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "lo ss " set forth in Paragraphs A.1.b. and A.1.c., but only : a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss". L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV -BUSINESS AUTO CONDITIONS : Your duty to give us or our authorized representa- tive prompt notice of the "accident" or "loss" ap- plies only when the "accident" or ''loss" i s known to: (a) You (if you are an individual); (b) A partner (if you are a partnership): (c) A member (if you are a limited liability com- pany); (d) An executive officer, director or insurance manager (if you are a corporation or other or- ganization); or (e) Any "employee" authorized by you to give no- tice of the "accident" or ''loss''. M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5 .. Transfer Of Rights Of Recovery Against Others To Us , of SECTION IV -BUSINESS AUTO CONDI• TIONS : S. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract signed and executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by CA T3 53 021S © 2015 The Travelers Indemnity Company . All rights reserved . Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc . wfth Its perrnisslon . 52CC 05-07-2024 52 of 266 CC 05-07-2024 52 of 266 COMMERCIAL AUTO such contract. The waive r applies only to the person or organ ization designated in such contract. N. UNINTENTIONAL ERRORS OR OMISSIONS The following is added to Paragraph 8 .2., Co n- cealment, Misrepresentation , Or Fraud, of SECTION I V -BUSINESS AUTO CONDITIONS: The unintentional om1ss1on of, or unintentional error in, any information given by you shall nol prejudice your rights under this insurance . How- ever this provision does not affect our right to col- lect additional premium or exercise ou r right of cancel lation or non-renewal. Pa ge 4 of 4 © 2015 The T ravelers Indemnity Campany. All rights reserved _ CA T3 53 0215 Includes copy rt9hted m ate rial of Insurance Servi ces Office, Inc. with its permission_ 53CC 05-07-2024 53 of 266 CC 05-07-2024 53 of 266 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 680 1 H899998 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the fol lowing : COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Any person or organ ization that you agree in a written contract to include as an additional insured on this Coverage Part for "bodily injury" or "property damage" included in the "products- completed operations hazard", provided that such contract was signed and executed by you before , and is in effect when , the bodily injury or property damage occurs . Location And Oescription Of Completed Operations Any project to which an applicable contract described in the Name of Additional Insured Person(s) or Orgcmization(s) section of this Schedule applies . Information required to complete this Schedule, if not shown above , w ill be shown i n the Declarations . Section II -Who Is An Insured is amended to in- clude as an additional insured the person(s) or or- ganization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property dam- age" caused , in whole or in part , by "your work" at the location designated and described in the schedul.e of this endorsement perfo rmed for that additional in- sured and included in the "products-completed opera- tions hazard". CG 20 37 07 04 CG TS 02 XX.XX © ISO Properties, Inc .. 2004 Page 1 of 1 n/1.TC l"\C IC:::C:::I IJ::· 08/31/2022 54CC 05-07-2024 54 of 266 CC 05-07-2024 54 of 266 COMMERCIAL GENERAL LIABILITY POLICY NUMBER 6801H89999B THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Names of Additional Insured Person(s) or Organization(s): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part, provided that such written contract was signed by you before, and is in effect when , the "bodily injury" or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed. Location of Covered Operations: Any project to which a written contract with the Additional Insured Person(s) or Organization(s) in the Schedule applies. (Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) A. Section II -Who Is An Insured is amended to in- clude as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage", "personal injury" or "advertising injury" caused , in whole or in part, by: 1. Your acts or omissions; or 2 . The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B . With respect to the insurance afforded to these additional insureds, the followi ng add itional exclu~ sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring, or "personal injury'' or "advertising injury" arising out of an offense committed, after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, mainte~ nance or repairs) to be performed by or on behalf of the additional insured(s) at the loca- tion of the covered operations has been com- pleted; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontrac- tor engaged in performing operations for a principal as a part of the same project. CG D3 61 03 05 Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved. Pag e 1 of 1 CG TS 01 .xx .xx Includes copyrighted material of Insurance Services Office, Inc. with its pe rmiss ion . DATE OF IS SUE: 08/3112022 55CC 05-07-2024 55 of 266 CC 05-07-2024 55 of 266 Policy # 6801 H899998 CO MMERCIA L GENERAL LIABILITY c. Method Of Sharing If all of the other insurance pennits contribution by equal shares , we will follow th is method also. Unde r this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains , whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by lim its. Under this method, each insurer's share Is based on the ratio of its appl ic able limit of insurance to the total applicable limits of insurance of all insurers . d. Primary And Non-Contributory Insurance Jf Required By Written Contract If you specifically agree in a written contract or agreement that the insurance afforded to an insured under this Coverage Part must apply on a primary basis , or a primary and non- contributory basis, this insurance is primary to other insurance that is available to such fnsured which covers such insured as a named insured , and we will not share with that other insurance , provided that (1) The "bodily injury'' or "property damage" fo r which coverage is sought occurs ; and (2) The ''personal and advertising injury" for which coverage is sought fs caused by an offense that is comm itted ; subsequent to the signing of that contract or agreement by you . 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in th is Co\€rage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for aud it and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums pa id for the policy period is greater than the earned premium, we will return the excess to the first Named Insured . c. The first Named Insured must keep records of the information we need for premtum computation , and send us copies at such t imes as we may request. 6. Representations By accepting this policy, you agree : a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us : and c. We haw issued this policy in reliance upon your representations . The unintentional omission of, or unintentional en-or in . any information provided by you which we relied upon in issuing this policy will not prejudice your rights under this insurance . However , this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or nonrenewal in accordance with applicable insurance law o r 7. Separation Of Insureds Except with respect to the Limits of Insurance , and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this Insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the i nsured has rights to recover all or part of any payment we have made under this Coverage Part, those r ig hts are transferred to us . The insured must -do nothing after loss to impair them . At our request, the insured will bring "suit'' or transfer those rights to us and help us enforce them . 9. When We Do Not Renew lf we decide not to renew this Cowrage Part. we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date , If notice is mailed , proof of mailing will be sufficien t proof of notice. SECTION V-DEFINITIONS 1. "Advertisement" means a notice thaf. is broadcast or published to the general public or specific market segments about your goods , products or services for the purpose of attracting customers or supporters . For the purposes of this definition: a. Notices that are published include matetial placed on the Internet or on similar electronic means of communication ; and b. Regarding websites , only that part of a website that is abOut you r goods , products or services for the purposes of attracting customers or supporters is considered an advertisement. Page 16 of 21 © 2017 The Tra ve lers In demnity Company . All rights reserved . CG TI 00 0219 lnolud es copyrighted material of Insura nce Services Office , Inc with its permission 56CC 05-07-2024 56 of 266 CC 05-07-2024 56 of 266 Policy # 6801 H899998 occupational therapist or occupational therapy assistant , physical the,apist or speech~language pathologist: or (b) First aid or "Good Samaritan services" by any of your "employees" or "volunteer workers", other than an employed or volunteer doctor. Any such "employees" or "volunteer workers" providing or failing to provide first aid or "Good Samaritan services" during their work. hours for you will be deemed to be acting with in the scope of their employment by you or performing duties related to the conduct of your business. 3. The following replaces the last sentence of Paragraph 5. of SECTION Ill -LIMITS OF INSURANCE: For lhe purposes of determining the applicable Each Occurrence Limit, all related acts or omissions committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to any one person will be deemed to be one ''occurrence". 4. The following exclusion is added to Paragraph 2., Exclusions, of SECTION I - COVERAGES -COVERAGE A -BODILY INJURY AND PROPERTY DAMAGE LIABILITY: Sale Of Pharmaceuticals "Bodily injury" or "property damage" arising out of the violation of a penal statute or ordinance relating to the sale of pharmaceuticals committed by, or with the knowledge or consent of the insured. 5. The following is added to the DEFINITIONS Section: "Incidental medical services" means : a. Medical , surgical, dental, laboratory, x- ray or nursing service or treatment, advice or instruction , or the related furnishing of food or beverages; or b. The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances . 6. The following is added to Paragraph 4.b., Excess Insurance , of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS : This insurance is excess over any valid and collectible other insurance, whether primary, excess , contingent or on any other basis , COMMERCIAL GENERAL LIABILITY that is available to any of your "employees" for "bodily injury" that arises out of providing or failing to provide "incidental medical services" to any person to the extent not subject to Paragraph 2.a.(1) of Section II - Who Is An Insured. K. MEDICAL PAYMENTS -INCREASED LIMIT The following replaces Paragraph 7. of SECTION 111-LIMITS OF INSURANCE : 7. Subject to Paragraph 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person, and will be the higher of: a. $10,000; or b. The amount shown in the Declarations of this Coverage Part for Medical Expense Limit. l. AMENDMENT OF EXCESS INSURANCE CONDITION -PROFESSIONAL LIABILITY The following is added to Paragraph 4.b., Excess Insurance , of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: This insurance is excess over any of the other insurance, whether primary , excess , contingent or on any other basis, that is Professional Liability or similar coverage, to the extent the loss is not subject to the professional services exclusion of Coverage A or Coverage B. M. BLANKET WAIVER OF SUBROGATION - WHEN REQUIRED BY WRITTEN CONTRACT OR AGREEMENT The fo ll owing is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS: If the insured has agreed in a written contract or agreement to waive that insured's right of recovery against any person or organization , we waive our right of recovery against such persol'l or organization, but only for payments we make because of: a. "Bodily injury" or "property damage" that occurs ; or b. "Personal and advertising injury" caused by an offense that is committed ; subsequent to the signing of that contract or agreement. CG 03 79 0219 © 2017 The Travelers Indemnity Company. All rights reserved . Page 5 of 6 Includes copyrighted material of Insurance Services Office , Inc. with its permission . 57CC 05-07-2024 57 of 266 CC 05-07-2024 57 of 266 Policy#: BA0S57994 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY . BLANKET ADDITIONAL INSURED -PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE This endorsement modifies insurance provided under the following : BUSINESS AUTO COVERAGE FORM PROVISIONS 1. The following is added to Paragraph A.1.c .. Who Is An Insured . of SECTION II -COVERED AUTOS LIABILITY COVERAGE: This includes any person o r organization who you a re required under a written contract or agreement between you and that person or organization , that is signed by you before the "bodily injury" or "property damage " occurs and that is in effect during the policy period , to name as an additional insured for Covered Autos Liability Coverage . but only for damages to which this insurance applies and only to the extent of that person's or organization 's liability for the conduct of another "insured ". 2. The following i s added to Paragraph 8.5., Other Insurance of SECTION IV -BUSINESS AUTO CONDITIONS : Regard less of the provisions of paragraph a. and parag ra ph d. of this part 5. Other Insurance, th is insurance is primary to and non-contributory with applicable other insurance under which an additional insured person or organization is the first named insured when the written contract or agreement between you and that person or organization, that is signed by you before the "bodily injury " o r "property damage '' occurs and tha t is in effect during the policy period . requires this insurance to be primary and non-contributory. CA T4 740216 © 2.()1 ;rhe lfiwelerfi l ndemniiy CQmpany .All rigbt.s<r-011erved . Page. l of J Includes oopyriahted material of Insurance Services Office . In c_ wilh its permission_ 58CC 05-07-2024 58 of 266 CC 05-07-2024 58 of 266 ~ TRAVELERSJ WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 ( A)- POLICY NUMBER: UB2L553909 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA (BLANKET WAIVER) We have the right m 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. The additional premium for this endorsement shall be % of the California workers' compensation pre- mium. Schedule Person or Organization Job Description Any Person or organization for which the insured has agreed by written contract executed prior to loss to furnish this waiver. This endorsement changes the policy t o which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy .) 6' - Insurance Company Countersigned by ___________ _ Travelers Property Casu,;1lty Company of America DATE OF ISSUE: 8/28/2022 Page 1 of 1 59CC 05-07-2024 59 of 266 CC 05-07-2024 59 of 266 SECOND AMENDMENT JO AGREEMENT 402 BETWEEN THE CITY OF CUPERTINO AND MIG. INC FOR COMPLETION OF THE LAWRENCE-MITTY PARK AND TRAIL MASTER PLAN This Second Amendment to Agreement 402 between the City of Cupertino and MIG, Inc., is by and between the City of Cupertino , a municipal corporation (hereinafter "City") and MIG , Inc ., a Corporation ("Contractor") whose address is 2055 Junction Ave . Suite 205, San Jose, CA 95131 and is made with reference to the following; RECITALS: A. On May 17 , 2022, City Council took action to rename this project-from ''Lav.rrence- Mitty Park and Trail Master Plan ' to 'Lawrence-Mitty Park and Trail Implementation Plan.· 8. On December 09 202 l Agreement 402 ('·Agreement") was entered into by and between City and Contractor for Completion of the Lawrence-Mitty Park and Trail Master Plan. C. City and the Contractor entered into a First Amendment for Lawrence-Mitty Master Plan effective Febrnary 28 , 2022 with the tenn expiring on December 31 2023 ; and D. City and Contractor desire to modify the Agreement on the tenns and conditions set forth herein. NOW , THEREFORE it is mutually agreed by and between and undersigned parties as follows: 1. Paragraph 1 -PARTIES of the Agreement is modified to read as follows: This Agreement is made by and between the City o f Cupertino , a municipal corporation ('"City"), and MIG , Inc ("Consultant"), a Corporation for Design Services of the Lawrence-Mitty Park and Trail Implementation Plan ( 'Project"), and is effective on the last date signed below ( 'Effective Date'} 2. Replace Exhibit A of the Agreement with Exhibit A-2, Scope of \-Vork, attached hereto. 3. Exhibit A-1 remains in effect and is not changed by this contract amendment. 4. Except as expressly modified herein all other tenns and covenants set forth in the Agreement shall rem ain the same and sba1l be in full force and effect. SIGNATURES CO TINUE ON THE FO LLOWING PAG E 1 60CC 05-07-2024 60 of 266 CC 05-07-2024 60 of 266 fN WITNESS WHEREOF , the parties hereto have caused this modification of Agreement to be executed. CITY OF CUPERTINO By~ Title Acting City Manager Date Aug 23, 2022 APPROVED AS TO FORM ChristophtJr D, .Tens(}n City Attorney ATTEST: City Clerk Date Aug 25, 2022 l MIG, INC . By Cu¢.,}~ Title Chief Development Officer Date Aug 18, 2022 61CC 05-07-2024 61 of 266 CC 05-07-2024 61 of 266 Exhibit A-2 Lawrence Mitty Park and Trail Implementation Plan, Cupertino, CA Scope of Work November 17, 2021 MIG bas prepared the following Scope of Wo r k to illustrate how we will facilitate successful completion of the Lawrence Mitty Park and Trail Implementation Plan project. This scope captures and clarifies assumptions of the tasks incorporated in the attached Fee Proposal spreadsheet. The details are based on our understanding of the project requirements stated in the City of Cupertino's ("the City") Lawrence Mitty Park and Trail Master Plan RFQ, dated August 12, 2021, and Addenda (now known as the Lawrence Mitty Park and Trail Implementation Plan). Jn the tasks listed below, meetings are expected to be virtual except when noted otherwise. Meeting notes allow for one set of revisions to incorporate City input per meeting notes. Proj e ct Understanding The City wishes to develop a Park and Trail Imp lementation Plan for the Lawrence-Mitty site ("Implementation Plan"), located on the east side of Cupertino between the Lawrence Expressway and Saratoga Creek, as shown in the RFQ. The purpose of the Implementation Plan is to determine how to best meet the future recreation, trail, and open space needs of citizens through enhancement of the site. Additionally, there is the intent to connect the Saratoga Creek Trail through the Lawrence-Mitty site to San Jose and Santa Clarita to the North. The Implementation Plan process will initially result in a conceptual design for a premier par with recreation activities that will attract and accommodate all J;'esidents. The City envisions a destination that provides all ages, but especially children, with a memorab le experience of outdoor play, exercise, and educational opportunities while providing much-needed open space to the east side of Cupertino, which is underserved in terms of park space and recreational opportunity. The resulting Implementation Plan will also provide an exciting and inviting space for all age groups through an extension of the Saratoga Creek walking and biking trail. The comprehensive Implementation Plan will provide technical analysis of the site as described below, identify community values and needs, align with the City's 2020 Parks and Recreation System Master Plan and result in a ready-to-implement vision for the Lawrence Mitty Park site. The City Council-approved conceptual design and report will be used to guide future recreational and programmatic decisions and capital improvement planning for the site. PHASE 1-EXISTING CONDITIONS AND TECHNICAL ANALYSIS 1.1 Project Kick-Off Meeting and Work Plan The project kick-off meeting will include City staff, MIG's Project Manager (PM), and key personnel within each designated specialty to discuss design objectives, issues, and a draft work Pi,..AN NI N G I D ESI GN I C OMM UNICAT IO N S I MANAG E MENT j S C IENCE 1 TE C HNO L OG • Ber ,,-1-,, :'\ ·+' ,, • <:_ • -C ~~., 7-.,,7 • r:11 ~ mt ,_11 ··e , ,111 o ntcl • CohJrijQ.:, • Or<"Q<lfl • 1« ,◄a • \f\111•ldr,gtu11 62CC 05-07-2024 62 of 266 CC 05-07-2024 62 of 266 MIG , Inc plan. Following the kick-off, MIG will develop a detailed work plan with roles, responsibilities, and schedule; prepare a data request; and coordinate a site visit. Deliverables: • Kick-off Agenda • Kick-off Notes • Draft Work Plan and Schedule • Final Work Plan and Project Schedule (PDF) 1.2 Community Engagement lnitial Plan ning MIG will review existing input from the 2020 Park and Recreation System Master Plan and 2017 community site walk We will collaborate with City staff to identify stakeholders and prepare for outreach. Deliverables: • Communications Plan including schedule (PDF, Draft and Final) 1.3 Evaluate Existing Conditions l nforrnation The MIG Team w ill review existing conditions informati on and additional background documents noted in the RFQ. BKF will evaluate existing utilities and easements, hydrologi c information, and adequate survey info, and alert the City if there is a need for any additional information. Deliverables: • Summary report of site-specific findings and jurisdictional regulations that may impact or influence the final conceptual design for the Implementation Plan including specific per theRFQ • Summary of how the proposed conceptuaJ plan conforms to Citywide Parks Goals and Regulations as requirements of other jurisdictions • Summary of review of existing ATLA/NSPS Land Survey and verification of site improvement and topo accuracy or statement of inconsistencies with fee proposal for corrections • Summary of the MIG Team's research and understanding of existing on-site and adjacent utilities, easements, and hydro logic information. Includes assessment of any potential impacts on site design concepts • 1.4 Team Site Tour In collaboration with City staff, the MIG Team will meet at the site t o walk the park and trail, observing specific concerns and discussing questions. Deliverables: • Meeting notes for Site Tour 2 63CC 05-07-2024 63 of 266 CC 05-07-2024 63 of 266 1.5 Transportation Study Hexagon Transportation Consultants will prepare a short vehicle miles travelled (VMT) project screening memo to describe how the project would be screened out of a full VMT analysis under the City's criteria. Hexagon will also analyze the potential multi-modal/pedestrian safety impacts of the park and trail project Deliverables: • VMT screening and Multimodal/Pedestrian Safety Impacts Memo 1.6 Phase 1 ESA Update and Phase 2 Inves igat i on Cornerstone will prepare a Phase I Environmental Site Assessment (ESA) Update, a Phase II Soil Quality Evaluation, and a Health and Safety Plan for personnel conducting earthwork activities at the site prior to the initiation of the Phase II soil sampling. Meeting attendance will be charged on a time and materials basis. Deliverables: • Meeting Notes from meeting documenting approach and decisions for further environmental analysis • Summary of full review of existing Environmental Reports for the site • List of any proposed additional testing locations and purpose of sampling • Draft and Final Phase II Environmental Site Assessment Report for City review and approval • Completion of a Phase lfl ESA if requested by the City and recommended in the Phase II ESA (Scope and fee to be negotiated after Phase 11 ESA is complete) 1.7 Acoustical Assessment for Noise Reduction MIG will prepare a technical noise report that summarizes the existing ambient noise environment at the project site (based on measurements and modeling results), the ambient environment that could exist under three different sound attenuation options at the site, and preliminary recommendations for recreation options based on reduced noise levels. Ml G's approach to completing the noise (i.e., the protocol) will be summarized in a technical memorandum for City approval after MIG has discussed various modeling options with the City during a kick-off call. Noise reduction measures will be integrated into the final conceptual design and final Conceptual Plan report. Deliverables: • Technical noise memorandum for protocol for review and acceptance (within two weeks of kick-off call) • Dralt Noise Report (PDF, within five weeks of protocol approval) • Final Noise Report M IG, I nc . 3 64CC 05-07-2024 64 of 266 CC 05-07-2024 64 of 266 1.8 Bi ol ogical Resources Report MIG biologists will prepare a stand-alone Biological Resources Re port that wi ll include a Jurisdictional Delineation. These reports will be used to inform the project design and as supporting documentation for the CEQA analysis and any future resource agency permits t hat may be requi r ed for the project. Deliverables: • Biological Resources Report • Jurisdictional Delineation 1.9 Tree Su rvey and Condi ti on Assess m e nt SBCA Tree Consulting will perform an assessment of on-site trees including an evaluation of tree size and health, tree site location, identifi cation of structu ral defects, prunin g needs, a nd pests. Work will include one (1) pre -inventory meeting with the City Project Manager and Arborist. Deliverables: • Draft and final copy of proposed tree in ventory methodology and attributes to be collected for City review and approval • One (1) PDF copy and one (1) AutoCAD version 2019 or newer copy of tree survey overlayed onto the existing 2020 topographic survey within the project area at 1"= 20' scale • One (1) PDF of Arborist Report on trees, potential construction impacts and recommendations to be integrated into the final Conceptual Plan Re port J .10 Site Envjron mental Summary Report MIG, along with consultant expertise, will synthesize findings into an Environmental Summary Report (to include a brief summary of all of the above reports) and Opportunities and Challenges Diagrams for use in futu r e community m eetings. Deliverables: • Environmental Summary Report (PDF) • Opportunities and Challenges Diagrams (PDF) 1.11 City Meeting~ Re v iew Phase 1 find ings The City and MIG will meet to review technical analysis and find ings. We will also discuss emerging si te possibilities and the t e am's approach to community input moving forward. 1.12 Phase 1 City Coordination and Proj ect Management MlG 's PM and the City will hold wee kly update calls with additional project team members attending p eriodically. Deliverabl es: • Meeting Notes hi gh Ugh ting k ey d ecision s MIG, Inc. ;\ 65CC 05-07-2024 65 of 266 CC 05-07-2024 65 of 266 MI G. Inc PHASE 2 -COMMUNITY VISION Z.1 Public Survey and Analysis [nitial planning for the survey will occur early in Phase 1. At that time the City and MIG will discuss the workplan and confirm if this survey may launch before the technical analysis is 100% complete. MIG will develop the public internet survey, along with graphics for print materials for use by the City to distribute by US Mail. MIG will also provide additional advice on outreach and publicity to reach nearby residents and will develop a poster or a street decal with a QR code to be posted in and around the project area. The City will assist with placing posters. MIG will compile results from the survey in an easy-to-digest analysis for the City. The City and MIG will meet to review findings and inform next outreach steps. Deliverables: • Updated Communications Plan including schedule • Draft Community Survey for City staff comment • Final Community Survey to be distributed to the public • Development of poster or street decal with QR code to publicize survey • Outreach advice on reaching neighbors regarding the survey • Survey Analysis • Meeting Notes highlighting key decisions and next steps 2.2 De ve lop Graphic and Outreach Tools Using the knowledge gained from Phase 1 and the public survey, MIG will develop graphics and tools for community input We will summarize important site information from Phase 1 for the community and elicit feedback in multiple ways. Methods will be determined in collaboration with the City and may include options such as interactive polling, shared Mural boards, and breakout groups, along with printed materials for in -person feedback. Deliverables: • Draft Graphics for Review (PDF) • Final Graphics (PDF for one zoom meeting, large-size prints for one on-site open house) 2.3 Community Meetings (2) MIG will organize and present at two (2) community meetings to solicit additional input on the community's interests, clarify community priorities, and to help guide development of the three design alternatives. To encourage more input and respond to both the pandemic and varying schedtiles, we propose one meeting via Zoom and one outdoor in-person casual open-house event/site tour starting at Sterling-Barnhart Park, to allow the community to walk the currently fenced site. Deliverables: • Two (2) Community Meeting Agendas & Presentations 5 66CC 05-07-2024 66 of 266 CC 05-07-2024 66 of 266 MIG. Inc. 2.4 Community Pop-up Events ('2) Ml G will organize and present at two (2) community pop-up events to solicit additional input from key stakeholder groups identified earlier in Phase 1. Examples include a table at a Farmer's Market or School, joining a neighborhood block meeting, or similar style event. The intent of these events is to solicit input from additional park users, or future users, by going to them. Deliverables: • Printed materials for Two (2) Community Pop-Ups 2.5 Synthesize Community Vi s i on Results Community meeting results, along with survey input, will be compiled by MIG into a summary report for revjew by the City and for use in upcoming Commission/Council presentations. MIG and the City will meet to review results and inform next steps. Deliverables: • Analysis and Synthesis Report of public survey and meeting findings • Meeting Notes highlighting key decisions and next steps 2.6 Commissions and City Council Presentations: (njtial Meeting MIG will prepare slideshows and present to the Parks and Recreation Commission, the Bicycle- Pedestrian Commission, Planning Commission, and City Council to receive feedback. The presentation will include a summary of input and priorities from the community meetings and survey responses. Deliverables: • Pr epare draft slides how presentation for City approval • Parks and Recreation Commission Agenda, Presentation, and Report • Planning Commission Agenda, Pr esentation, and Report • Bicycle-Pedestrian Commission Agenda, Presentation, and Report • City Council Study Session Presentation and Report 2.7 Develop Recommended Improvements a nd P rogramming Incorporating community input and comments from the Commissions and Council, the MIG Team will develop a set of recommended improvements and programming for the Lawrence-Mitty site. The City and MIG will meet to review the recommendations and consider dire ctions for the three alternatives. Deliverables: • Written Recommenda tions for Improvements and Programming • Meeting Note s highlighting key deci s ions and next steps 67CC 05-07-2024 67 of 266 CC 05-07-2024 67 of 266 MIG, Inc. 2.8 Phase 2 City Coordination and Project Management Ml G's PM and the City will hold weekly update calls with additional project team members attending periodically. Deliverables: • Meeting Notes highJighting key decisions PHASE 3 -CONCEPTUAL DESIGN ALTERNATIVES 3.1 De elopment Concept Alternatives and Costs The MIG Team will create three (3) rough draft alternatives for initial review by the City that utilize planning studies and reports and incorporate community input, feedback from the City, and comments from the commission/council reviews. MIG will incorporate the City's consolidated input to finalize three (3) final alternatives for presentation to the community and prepare a rough order of magnitude cost estimate for each. Each Conceptual Design Alternative will include a colored plan with callouts for program elements. Precedent images will be used to help the community envision the various program elements. Deliverables: • Conceptual Design Alternatives (PDF and 1 hard copy) • Meeting Notes from Consultant and City staff design review of Draft Concepts • 3 Conceptual Design Alternatives (PDF) • Rough order of magnitude cost estimate for each alternative (PDF and Excel) 3.2 Develop Graphics and Outreach Tools MIG will develop graphics and outreach tools to continue to engage the community, Commissions, and City Council for additional input as outlined in the RFQ. Deliverables: • Draft Graphics for Review (PDF) • Final Graphics (PDF for one Zoom meeting, large-size prints for one on-site open house) • Draft Mailer of 3 Conceptual Design Alternatives for City staff review (PDF) • Final Postal Mailer of 3 Conceptual Design Alternatives to be sent to the public (PDF) 3.3 Community Meetings (2): Alternatives MlG will organize and present the three community-driven design alternatives for public input with tooJs designed to help the community arrive at one final plan. Final planning will be confirmed with the City, but is currently assumed to be one Zoom meeting and one in-person casual open house similar to Phase 2. 68CC 05-07-2024 68 of 266 CC 05-07-2024 68 of 266 MIG, In c . Deliverabl es: • Two (2) Meeting Agendas and Notes from Alternatives Community Presentation and Feedback Meetings 3.4 Community Pop-Up Events (2) MIG will organize and present at two (2) community pop-up events to solicit additional input from key stakeholder groups identified earlier in Phase 1. Examples include a table at a Farmer's Market or School, joining a neighborhood b lock meeting, or similar style event. The intent of these events is to solicit input from additional park users, or future users, by going to them. Deliverables: • Printed materials for Two (2) Community Pop-Ups 3.5 Analysis of Community In put Community meeting results will be compiled into a summary report for review by the City and for use in upcoming Commission/Council presentations. MIG and the City will meet to review results and direction prior to Commission/Council presentations. Deliverables: • Analysis and Synthesis Report of community input and meeting findings • Meeting Notes highlighting key decisions and next ste ps 3,6 Comm i ssions and City CounciJ Presentations (3): Alternatives MIG will prepare slideshows and present to the Parks and Recreation Commission, the Bicycle- Pedestrian Commission, and City Council to receive feedback. The presentation will include a summary of input and priorities from the community meetings. Deliverables: • Prepare d r aft slideshow presentation for City approval and final version • Parks and Recreation Commission Meeting Agenda, Presentation, and Report • Bicycle-Pedestr ian Commission Meeting Agenda, Presentation, and Report • City Council Study Session Presentation and Report 3.7 Develop Pr eferred Conceptual Design Plan MIG and the City will meet to discuss community input and Commission/Council feedback, recommendations, and dire ction for a Preferre d Concept. This may be one chosen alternative or a combination of alternatives. MIG will produce a single Draft Conceptual Design for the site for review with the City and incorpora te feedback into the Final Con ceptual Design. Deliverables: • Draft Con ceptual Des ign Pl a n (PDF) • Pinal Co nceptual Design Plan (PDF) 8 69CC 05-07-2024 69 of 266 CC 05-07-2024 69 of 266 3.8 Phase 3 City Coordination and Project Management MI G's PM and the City will hold weekly update calls with additional project team members attending periodically. Deliverables: • Meeting Notes highlighting key decisions PHASE 4 -DRAFT AND FINAL CONCEPTUAL PLAN 4.1 Develop Draft Conceptual Plan Report MIG will prepare a draft outline for the Lawrence-Mitty Park and Trail Conceptual Plan. The approach and specific sections wilJ be confirmed with the City, followed by creation of the full draft for City review. The draft conceptual plan will be the culmination of key elements of design, input provided by the public, site study findings , and the physical and jurisdictional constraints of the site. MIG and the City will meet to discuss the City's consolidated review comments and determine final edits. Deliverables: • Draft Lawrence-Mitty Park and Trail Conceptual Plan (PDF) • Meeting Notes from Draft Implementation Plan Review Meeting with City staff 4.2 Present Draft Conceptual Plan to Communi y MIG recommends that the Draft Conceptual Plan be posted on the City's website for comments due to the difficulty of reviewing a lengthy document in a public meeting. This can be followed by a Zoom Open House, including a brief summary presentation and plenty of time for questions and answers. We will be happy to rnake adjustments to this plan if the City prefers a different format. Deliverables: • JPEGs of major maps and a PDF of the document for the City website • Draft and Final slideshow • Meeting Agenda and Notes from the Community Presentation/Meeting 4.3 Present Draft Conceptual P)an to Commissions and City Council (4) MIG will present the Draft Conceptual Plan to the Park and Recreation Commission, Bicycle- Pedestrian Commission, Planning Commission and City Counci l for final input and consideration of minor edits. Deliverables: • Draft and Final slideshow • Meeting Agenda and Notes from each of the four (4) Present ations/Meetings MIG. Inc , 9 70CC 05-07-2024 70 of 266 CC 05-07-2024 70 of 266 MIG , Inc 4.4 Finalize Conceptual Plan MIG will collect input from meeting reviews and incorporate edits from stakeholders as directed by the City. There will be one (1) Draft Conceptual Plan review meeting with City staff to ensure alJ design and study elements are incorporated prior to final Conceptual Plan submittal, Deliverables: • Lawrence-Mitty Park and Trail Master Plan (2 printed/bound copies; 1 unbound copy; PDF) 4-.5 Develop Cost Estimate and I mplementation/Phasing Timeline MIG will provide to the City, in a document separate from the Conceptual Plan, a rough order of magnitude cost estimate for implementation of the final conceptual design, including the specifics noted in the RFQ. MIG will also submit a proposed implementation and phasing time line for completion of the built infrastructure reflected in the adopted Master Plan. Deliverables: • Rough Order of Magnitude Cost Estimate for Conceptual Plan Implementation e lectronic (PDF and Excel) • Proposed Conceptual Plan implementation and phasing timeline for site improvements with consideration of time line for jurisdictional permits or permissions in MS Project format. (PDF) 4.6 Present Final Conceptual Plan to City Council for Acceptance MIG will p r esent the Conceptual P lan in collaboration with City staff to City Council for final approval, which is required for adoption as City policy. Deliverables: • One (1) Meeting Agenda and Notes from the final Acceptance Meeting 4.7 Phase 4 City Coordination and Project Management Ml G's PM and the City will hold weekly update calls with additional project team members attending periodically. Deliverables: • Meeting Notes highlighting key decisions PHASE 5 -CEQA MIG assumes the project will qualify for an Initial Study /Mitigated Negative Declaration (IS/MND) under CEQA and will prepare an analysis of the project according to the CEQA Guidelines and City of Cupertino requirements. The final IS/MND will be presented to the City Council for adoption with the approval of the Conceptual Plan. 1( 71CC 05-07-2024 71 of 266 CC 05-07-2024 71 of 266 M I G. Inc . 5.1 Prepare Administrative Draft lniti, I Study MIG will prepare and electronically submtt for the City 's review a n Administrative Draft Initial Study. The submittal will include copies of all technical studies . Deliverables: • Administrative Draft Initial Study • Technical studies -Air quality /greenhouse gas emissions, biological resources, hazardous materials (Updated Phase I Environmental Site Assessment, limited soil testing), transportation (VMT project screening and multimodal/pedestrian safety impact analysis memo) 5.2 Prepare Public Draft Initial Study /Mitigated Negative Declaration MlG will address any comments from the City on the Administrative Draft IS and then produce a Screen Check document for final City approval. Once the Screen Check document is approved, MIG will prepare the Public Draft IS/MND for pub1ic circulation and a PDF version for the City to post on the City's website. Deliverables: • Screen Check IS • Public Draft IS/MND for public circulation • PDF Version Public Draft fS/MND for posting on City's website 5.3 Prepare Final IS/MND, Mitigation Monitoring and eporling Pr ogram, and Notice of Determination Following conclusion of the 30-day public review period, MIG will prepare the Administrative Draft and Screen Check Response to Comments documents that will contain a summary of aJI comments received during the public comment period, responses to comments, and changes to the Draft IS text or errata as necessary. Concurrent with the preparation of the Response to Comments, MIG will finalize the Mitigation Monitoring and Reporting Program (MMRP) and prepare a Notice of Determination (NOD) for the City to finalize and submit to the County Cle r ks office and the State Office of Planning and Research . Deliverables: • Administrative and Sc r een Check versions of Responses to Comments • Final MMRP • Draft NOD • Prepare any required documents containing fin d ings-and resolution for certification, public notice, and/or filing of environmental documents as needed 5.4 ttend Public Meetings/He· rings MIG's CEQA Director will attend one (1 ) remote community meeting held by the Ci ty (estimated at 2 hours) and two (2) remote public hearings. [n addition to the public meetings and hearings, l] 72CC 05-07-2024 72 of 266 CC 05-07-2024 72 of 266 MIG . Inc. the MIG CEQA Director and CEQA Project Manager will attend one (1) remote CEQA Kick-off meeting with City staff. 5.5 Phase 5 City Coordination and Project Management Ml G's CEQA Project Manager will be the primary point of contact for CEQA work and will keep the City apprised of project progress at key points. Weekly meetings are not anticipated in this phase. Assumptions, Exclusions & Additional Services The MIG team's assumptions for included scope and level of work effort are based on the scope of work outline in the RFQ. If a need arises in the Phase 1 analysis period for additional survey information or studies, beyond what is currently scoped, the City and MIG team will work together to determine the corresponding effort and fee to deliver these additional scope items. All meetings, except where noted, are assumed to be remote via screen share, whic h enables more team members to participate efficiently. A single round of consolidated comments for each City review item is assumed. Additional Services: The MIG Team has a broad range of experience, skills and services. The following is a n o n- exhaustive list of items that are not included in this s c ope but could be provide d as additional services if they are neede d or de sired by the City: • Use of Maptionnaire is noted as an Optional Task/ Additional Service, and could supplement the public survey task • Additional community engagement beyond the scoped items in the process (including digital advertisement, intercept surveys, additional surveys/workshops/open houses/pop-up events). • Additional public meetings beyond the scoped items in the process (including attending City Council meetings, public hearings, hearing examiner meetings, public open houses, and local association meetings). • City project team meetings beyond those listed • Additional design alternative drafts or renderings other than those listed. • Development, Documentation and Impleme ntation of Design Pha ses other than listed. • Preparation of construction documents. • Construction Administration services. • Preparation of special studies outside our scope of work. • Intensive research and testing to determine conditions of existing site utilities (i.e., potholing, smoke testing, dye testing, pressure testing, fire flow testing, videotaping, etc .). • Utility Relocation Plans • Supplemental surveying services • Appe a l, Design Exception, and Alternative Revie w appli cations. • Services related to future fa c ilities and improvements. 1. 73CC 05-07-2024 73 of 266 CC 05-07-2024 73 of 266 MIG. In c. • Design of water capture/re-use systems, pump stations, sump pumps, or force mains for sanitary sewer or storm drainage systems, if required. • Design of systems to comply with or obtain LEED certification, including preparation of LEED documentation and addressing review comments from the USGBC. • Design for areas outside of the limits noted in the RFQ. • Value Engineering. If the MIG Team is needed to assist with VE and/or bid negotiations, it is available on a Time and Materials basis. Project Scope Assumptions: • CLIENT: 'The City' refers to the City of Cupertino's Lawrence Mitty project team. • DELIVERABLES: Unless otherwise indicated, all deliverables will be provided in PDF format. Native files will be created in software selected at the consultant team's discretion. If the City desires printed copies or specific file formats, the MIG Team is happy to work with the City to develop a strategy that meets the project's budget and needs. • IN-PERSON MEETINGS: Team meetings and most community engagement events are assumed to be virtual with some limited outdoor engagement events where noted. • TRANSLATION: All documentation will be in English; however, as an additional service, the MIG Team can provide exhibits in other languages. • CONSOLIDATED COMMENTS: The City will provide MJG with (1) set of vetted and consolidated comments from all parties/agencies in all tasks involving review and feedback. • PERMIT FEES : All permit fees and agency charges will be paid by others, if applicable. • OFFS/TE UTILITIES/STREET/PARKING DESIGN: Offsite utility or street/parking design beyond the identified park and trail area is not included in this proposal. • ENVIRONMENTAL WORK: Floodplain, wetland, soil remediation or environmental work outside of what is noted is not included in this proposal. • CONSTRUCTION TESTING+ INSPECTIONS: Not included. 1.: 74CC 05-07-2024 74 of 266 CC 05-07-2024 74 of 266 FIRST AMENDMENT TO AGREEMENT 402 BETWEEN THE CITY OF CUPERTINO AND MIG, INC FOR COMPLETION OF THE LAWRENCE-MITTY PARK AND TRAIL MASTER PLAN This First Amendment to Agreement 402 between the Ci ty of Cupertino and MIG, Inc., is b y and between the City of Cupertino, a municipal corp oration (hereinafter "City") and MIG, Inc., a Corporation ("Contractor") whose address is 2055 Junction Ave., Suite 205, San Jose, CA 9513 1, and is made w ith reference to the following: RECITAL S: A. On December 09, 2021 Agreement 402 ("Agreement") was entered into by and between City and Conh·actor for Completion of the Lawrence-Mitty Park and Trail Master Plan. B. City and Contractor desire to modify the Agreement on the terms and conditions set forth herein. N OW, THEREFORE, it is mutually agreed by and between and undersigned parties as follows: 1. Paragraph 4 .1 Maximum Compensation of the Agreement is modified to read as follows: Maximum Compensation: City will pay Consultant for satisfactory perfo1mance of the Service a total amount that will be based upon actu al costs but that will be capped so as not to exceed $343,784.00 ("Contract Price"), based on the budget and rates set fo1th in Exhi bit C, Compensation, and attached and incorporated here. The Contract Price includes all expenses and reimbursements and w ill remain in place even if Consultant's actual costs exceed the capped amount. No extra work or payment is permitted in excess of the Contract Pri ce. Exhibit A of the Agreement is modified to include Exhibit A-1 , Additional Services, attached hereto . 2 . Paragraph 4.3 Additional Services of the Agreement is modified to read as follows: City h as the discretion, but not the obligati on, to authorize Additional Services up to an amount not to exceed $28,500.00. Additional Services provided to City's reasonable satisfaction will be compensated on a lump sum b as is or based on time and expenses, in accordance with the Hourly Rates and Reimbursable Expenses Schedules included in Exhibit C. If paid on an hourly basis, Consultant will be compensated for actual costs only of normal business expenses and overhead, with no markup or surcharge ("Reimbursable Expenses"). Consultant will not be entitled to reimbursement for copying, printing, faxes , telephone charges, employee overtime, or travel to City offices or to the Project site. Exhibit A of the Agreement is modified to include Exhibit A-1, Additional Services, attached hereto. 3. Except as expressly modified herein , all other tenns and covenants set forth in the Agreement shall remain the same and shall be in full force and effect. SIGNATURES CONTINUE ON THE FOLLOWING PAGE 1 75CC 05-07-2024 75 of 266 CC 05-07-2024 75 of 266 IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed . CITY OF CUPERTINO MIG INC. Jim Throop By ___________ _ Title City Manager Title Vice President / Chief Development Officer Date Feb 28, 2022 Date Feb 25, 2022 APPROVED AS TO FORM City Attorney ATTEST: City Clerk Date Feb 28, 2022 2 76CC 05-07-2024 76 of 266 CC 05-07-2024 76 of 266 February 17, 2022 Lisa Cameli, Project Manager City of Cupertino City Hall 10300 Torre Ave. Cupertino, CA 95014 Exhibit A-1 Re: Additional Services Lawrence-Mitty Park and Trail Master Plan (MIG proj. no. 30903) Dear Lisa, As identified at our site visit and discussed in email follow up, there are several additional site study needs for the Lawrence Mitty project that will enable our team to prepare complete Phase 1 technical studies. The following summarizes our request for additional work and fees that are above and beyond the original contract, signed Dec. 9, 2021. Al l other terms in the original contract remain in effect. Following is a summary of our additional services request: Site Survey Work (by BKF) .............................................................................. $20,000 BKF w ill survey the additional trees and catch basins not shown on the provided site survey by Alta. Work wi ll be tracked on a time and materials basis and may not require full funds to complete. The amount listed is the maximum. Details: o It will take about 5 days of work in the field to pick up al l the trees based on the Arborist markup of the ALTA Survey area and onsite, inside the wal ls and fencing along Lawrence Expressway. o The control for the tree survey wi ll be linked to the Alta survey cont rol on the same datum. o The tree survey information will be converted to CAD and shown on an Exhibit showing the ALTA survey linework as well. o The 2 outfal l pipes visually located in the creek area wi ll have their exiting inverts dipped. Tree Assessment (by SBCA Tree Consulting) ............................................... $4,600 The arborist scope, per the RFO, was b ased on assessing the quantity of trees shown on the provided Alta survey. There are now more trees, which require tagging and additional assessment time. Work is tracked on a Per Tree basis and this is the amount needed to complete the site work and final tree count. See attached modified proposal and rate sheet for additional detail. PLANNING I DESIGNICOMMUNICATIONS I MANAGEMENT I SCIENCEITECHNOLOGV ,..(ttl t n;r ,-,t''-3 ll :S: • 0~ t=•!!:"r -w-'-' ...,/ I I • 5.,. • '10 0 -~5. ~.~ r • , ,..,, 11 ,, ••It \. h Oif,._e-; in ~alifotn10 • .AICHt;LJu • O•e~o., • To>~:" • \/IJ.;;l11r1!:l'"'' 77CC 05-07-2024 77 of 266 CC 05-07-2024 77 of 266 Lisa Camel i February 17, 2022 Page 2 of 2 Noise Study (by MIG) ........................................................................................ $3,900 This covers the additional labo r for switching from the approved ambient noise survey with unattended long-term measurements to the current approach involving attended short-term measurements . See attached Noise Study Budget Memo for additional detail, alo ng with the Noise Study Methods document, which outlines the protocol. Total:$ 28,500 Please feel free to contact us with any questions or additional information needed. Sincerely, 2::911 ca Principal, MIG Please si gn below to indicate you r agreement to the terrns outlined in this letter as a revision to the original contract and budget Lisa Cameli, Project Manager City of Cupertino Date 78CC 05-07-2024 78 of 266 CC 05-07-2024 78 of 266 S<BCJl 'free Consu{ting 1534 Rose St Crockett, CA 94525 Phone# 510-787-3075 Fax# 510-787-3065 E-mail: steve@sbcat:ree.com Web Site: www.sbcatree.com Name I Address MIG , Inc. 800 Hearst Avenue Berkeley, CAiifornia 947 l 0 Item Description Tree Survey Proposal to Provide Arborist Services• Lawrence-Mitty Park and Trails Survey al l trees id entified in the scope provided by MIG, Inc. Record data on : -Species Repot1 Meeting Office • Common Name -DBH -Height -Spread -flew lille Hllffillg1l -Health and structural condition • Suitability for retention • Pfttftiftg-ef--fleat!ftffliag11tie11 reee1l!lBe11011ae11s • RPZ (Root Protection Zones) • Pertinent arborist notes Oat.a will be submitted in Excel data sheets. Tree location map and summary report to be included. Prepare report lo address System Master Plan and City objectives to create open spaces. Provide Tree Protection Specification s fo r trees where und ergro und improvements will enroach ioto Root Protection Zones. Identify existing trees or plant ffi[lterial-on abutting properties tlial could influence site de ign or be impa-:ted by the project. tlend { l) pre-inventory meeting with City Project Manager nnd ArborisL Two arborisls. Optionnl · Report modilications based on City review and approval of arborist r port . Arhoris:l will anb' chor~ for services rendered The amount oftl1is invoice will not be exceeded without prior written approval of MIG and the City or Cupertino . Estimate Date Estimate# 9.'9.QQ21 21-578 2/14/2022 Qty ~ 364 2 5 Project Lawrence-Mitty Rate ~g $25 T otal 4:-MJ(M}Q $9,100 5,000.00 5,000 ,00 250.00 500.00 '200 .00 l.000.00 Sent Out Total ~ $15 ,600 Difference of $4 ,600 79CC 05-07-2024 79 of 266 CC 05-07-2024 79 of 266 Asof: 7-1-21 ARBORIST SCHEDULE OF RATES S(}Jc;f. 'T<R!~lE CONSV£ff1Nq 1534 Rose Street Crockett, CA 94525 Phone(510} 787-3075 Fax(510)787-3065 E-mail: steve@Jsbcatree.com, molly@sbcatree.com Website: www.sbcatree.com Stephen Batchelder, Consulting Arborist WC ISA Certified Arborist #0228A CaUFC Certified Urban Forester # 134 State Contractor License (C-27) 533675 FEDERAL TAX EIN # 32-0512307 Insured: Liability, E&O and Workman's Comp . Molly Batchelder, Consulting Arborist WC ISA Certified Arborist #9613A Tree Risk Assessment Qualified (TRAQ) Description of Services First Visit -(2 arborists) Standard Rate for Arborist Services: Travel Time: Time over 30 min from office . Arborist Reports: Rates $250 per hr. $200 per hr. $150 per hr. $200 per page Tree Appraisal Reports: Tree Surveys: $250 for first tree, $25 per each additional tree $1200 or $25 per tree Legal: Depositions and Expert Witness • Soil & Tissue Analysis: o Samples are sent to a laboratory for analysis. • Plant Pathologjst a Culture and identification by plant pathologist Out of Town Daily Rate Consulting (10 hr.): Rush fee: City Rates are by Contract Payment: Due upon receipt of services and invoice. End $250 per hour $100 per sample $100 per sample $2000 + expenses $500 80CC 05-07-2024 80 of 266 CC 05-07-2024 80 of 266 Memorandum To : 2055 JUNCTION AVE., SUITE 205 SAN JOSE, CA 95131 650.327 .0429 WWW.MIGCOM.COM CC : Lisa Cameli , City of Cupertino Jan Eiesland , MIG From : Chris Dugan Re: Date: Lawrence Mitty Pa rk and Trail Master Plan Noise Study Budget Amendment February 1, 2022 MIG, Inc. (MIG) has prepared this memorandum at the request of the City of Cupertino (City). This memorandum briefly summarizes a budget amendment request for the Lawrence Mitty Park and Trail Master Plan Noise Study . i=@IU,,M,t•i,,i4,i•44·1 1t4~- MIG 's approved scope of work for the Master Plan included 1 0 hours of staff time and $269 in expenses related to the ambient noise monitoring survey needed to prepare the Master Plan's Noise Study. This level of effort assumed • An initial trip to the site to install two long-term (LT) noise meters and conduct four hours of shorHerm (ST) noise monitoring . The LT meters were assumed to run for 48 to 72 hours . • A second trip to the site to breakdown and remove LT meters from the site . Subsequent to the City's approval of MIG 's scope, the City and MIG have determined that it is not feasible to leave noise monitoring equipment onsite overnight due to safety and security concerns. A subsequent plan to install an LT meter at a private residence to the west of the Master Plan area was evaluated and determined to be infeasible due to legal and scheduling concerns . Accordingly , MIG has modified its approach to conduct two short-term ambient noise surveys of the Master Plan area. Thfs change results in more staff time at the site (from 6 to 24) hours to account for adequate monitoring of a variety of traffic conditions), as well as additional data download , qa/qc review , and processing time, but currently does not increase the number of trips to the site as only two ambient noise monitoring surveys are currently proposed by MIG . MIG 's ambient noise monitoring survey methodology is described in a separate memo (MIG 2022). The budget amendment request to support the current ambient noise monitoring survey methodology is summarized in the table below. F'LANNINGIDESIGN I COMMUNICATIONS!MANAGEMENTISCIENCEITECHNOLOGY 20S5 Junction Avenue, Suite 205 • San Jose, CA 95 131 • U SA • 6S0-327 -0429 • www.migcom .com Offices in , Cal ifornia • Colorado • Oregon • Texas • Wa5hing1on 81CC 05-07-2024 81 of 266 CC 05-07-2024 81 of 266 Lawrence Mitty Park and Trail Master Plan Noise Study Budget Amendment Page2 Lawrence Mitty Park and Trail Master Plan Noise Study Budget Amendment Request Task/Subtask Labor Cost Expenses Total Budget APPROVED NOISE STUDY 1. 7 No ise Study $11 ,430 $537 $11 ,967 Ambient Noise SuNey $2,100 $537 $2 ,637 REQUESTED NOISE STUDY 1 . 7 Noise Study $15 ,330 $537 $15,867 Ambient Noise SuNey $6,000 $537 $6,537 NET BUDGET AMENDMENT 1.7 Noise Study $+3 ,900 $0 +$3 ,900 Ambient Noise SuNey +$3,900 $0 +$3 ,900 References The following references were used to prepare this memorandum . MIG 2022 . Draft Memorandum -Lawrence Mitty Park and Trail Master Plan -Noise Study Methodology. F ebruary 1, 2022. MIG, Inc. February 1. 2022 82CC 05-07-2024 82 of 266 CC 05-07-2024 82 of 266 II 2055 JUNCTION AVE., SUITE 205 SAN JOSE , CA 95131 650 .327 .0429 WWW.MIGCOM .COM DRAFT Memorandum To : CC : Lisa Ca melf, C ity of Cupertino Jan Eiesla nd , M IG From : Chris Dugan Re : Date : Lawrence Mitty Park and Tra il Master Plan -Noise Study Methodology Februa ry 1, 2022 MIG, Inc. (MIG) has prepared this memorandum at the request of the City of Cupertino (City). This memorandum briefly summarizes the methodology that MIG will use to prepare the technical noise study for the proposed Lawrence Mitty Park and Trail Master Plan . J1@ii=ffiilll·i 1i,1·441ii•t•tAi,f ·•!&;;f .J.ffit•i,i As identified by the City (2021), "The Lawrence-Mitty site is immediately adjacent to the Lawrence Expressway, an arterial roadway that has high volumes of traffic. This traffic causes consistent, high levels of noise . When the site was designated as a stockpiling area for the County and was not typically used by the public this was not problematic. Now that the site will be developed as a park more careful consideration of noise levels needs to be taken and there may be need for acoustical attenuation ." The purposes of the technical noise study for the Master Plan are to : • Document ambient noise levels in the Master Plan area ; and • Preliminarily evaluate the potential effectiveness of noise abatement measures for the Master Plan . MIG will prepare the technical noise study consistent with the guidance and recommendations contained in the California Department of Tran sportation 's (Caltrans) Traffic Noise Protocol and Technical Noise Supplement to the Traffic Noise Protocol (Caltrans 2013, 2020). These' documents generally outline Caltrans ' policies and procedures for collecting ambient noise measurements, evaluating traffic noise impacts , and determining the feasibility of noise barriers for highway projects . MIG notes the proposed Lawrence Mitty Park Project is not a highway project and 1 therefore , minor deviations from Caltrans ' guidance may occur during amb ient no ise monitoring, report preparat ion, etc. MIG 's technical noise study will consist of three main parts : 1) An ambient noise monitoring survey to collect ex i sting noise level data In the v icinity of the Master Plan area . 2) The gene rat ion of exist ing and future noise contour maps for the Master Plan area . 3) The prelim in ary evaluatio n of noise abatement measures for the Master Plan . Th ese tasks are described in more detail below. P LA N N I N G I D E 5 I G N I C: 0 M M U N I CAT I O N 5 I M AN AG E M E NT I SC I EN CE I TECH N O LOGY 2055 Junction Aver'!ue, Sui1e 205 • San Jose, CA 95131 • USA • 650-327-0429 • ww,v ,rr,1gco m ,corn f'""l.fit--.-. 1 _, r-1 ;!_,_,_ . r--.1-.... ..J_ . r-,.,.,......, __ ._ . T-••--_ 'o'll--1..~--.. ;- 83CC 05-07-2024 83 of 266 CC 05-07-2024 83 of 266 Lawrence Mitty Park and Trail Maste r Plan Noise Study Methods -DRAFT Page2 i+itflbi3,iUhM$1;t.1,o,.,,.,,.i,11a&a1 MIG , Inc. will conduct ambient noise level survey in the vicinity of the Master Plan area . The ambient noise survey will : • Prov i de direct observations of existing noise sources at and in the vicinity of the Master Plan area ; • Provide actual measurements of existing noise levels at and in the vicinity of the master Plan , including Lawrence Expressway traffic noise levels· and • Identify if and how noise levels change throughout the Master Plan area . MIG proposes to measure noise levels at up to 12 sites in the vicinity of the Master Plan area as follows : • One (1) site location will provide a long-term (LT) record of ambient noise levels at the Project site for the duration of the noise monitoring survey , which is currently anticipated to last between a total of 14 to 16 non-consecutive hours (see schedule discussion below). • 1 0 sites will consist of a series of short-term measurements ( 1-to 2-hours each) throughout the Master Plan area . These short-te rm sites will assess how noise levels vary from the LT site and ac ross the Master Plan area in general. • One (1) site will occur outside the Master Plan area , on Doyle Road (across Lawrence Expressway). This site will evaluate the performance and effectiveness of the noise barrier (based on actual condltions) on the east side of Lawrence Expressway that are considered representative of the primary park area of the Master Plan . MIG 's preliminary ambient noise survey sites are show in Figures 1 to 3. MIG will collect up to three measurements simultaneously to allow MIG to compare noise levels in one part of the site to measurements in another area and to see how distance , ground cover , and topography may be influencing noise levels . All ambient noise levels will be digitally measured and logged using Larson Davis SoundTrack LxT sound level meters that meet American National Standards Institute requirements for a Type 1 integrating sound level meter. Each sound mete.(" will be calibrated imm ediately before and after the monitoring period using a reference one-kilohertz (1 kH) check frequency and 114 dB sound pressure level ; deviations in calibrated noise levels that exceed acceptability criteria will render measurements invalid (up to a 1 dB difference is generally allowable in most cases). MIG will continuously collect noise levels in 1-minute intervals so that short-term noise events and increases in no i se levels above typical background conditions may be captured. MIG will also document meteorological and other pertinent environmental factors that occurred dur,ing the noise monitoring (e.g ., short-term traffic counts). All field data and records will be provided to the City in electronic format and as part of the technical noise study at the conclusion of the study. Tentatively , to ensure the ambient noise monitoring effort captures representative daytime traffic conditions and associated noise levels, MIG proposes to conduct noise monitoring on one (1) weekday and one (1) weekend day. Scheduling options for the ambient noise monitoring include: • Thursday, February 3rd , from approximately 7 AM to 7 PM , and Saturday , February 6th from approximately 7 AM to 5 PM · or • Tuesday, February 15th , from approximately 7 AM to 7 PM , and Saturday , February 19 1\ from approximately 7 AM to 5 PM ; or • Tuesday, February 22 nd , from approximately 7 AM to 7 PM , and Saturday , February 26 th , from 7 AM to 5 PM . MIG, Inc . February 1, 2022 84CC 05-07-2024 84 of 266 CC 05-07-2024 84 of 266 Lawrence Mitty Park and Trail Master Plan Noise Study Methods -DRAFT Page3 Figure 1: Ambient Noise Monitoring Locations (Overview) Mitty Park and Trail Long -te Park an ea (Approximate) MIG , Inc. February 1, 2022 85CC 05-07-2024 85 of 266 CC 05-07-2024 85 of 266 Lawrence Mitty Park and Trail Master Plan Noise Study Methods -DRAFT Figure 2: Ambient Noise Monitoring Locations (Northern) Lawrence Mitty Park and Trail MIG, Inc. long-term Site Park and Tral Area (Approximate) Short-term Site Page 4 February 1, 2022 86CC 05-07-2024 86 of 266 CC 05-07-2024 86 of 266 Lawrence Mitty Park and Trail Master Plan Noise Study Methods -DRAFT Pages Figure 3: Ambient Noise Monitoring Locations (Southern) Lawrence Mitty Park and Trail MIG , Inc. February 1, 2022 87CC 05-07-2024 87 of 266 CC 05-07-2024 87 of 266 Lawrence Mitty Park and Trail Master Plan Noise Study Methods -DRAFT Page6 G4,Mih1Mi,t·li,i·•ibl 111L•i,ii·iliiffiM-ti MIG will use the results of the ambient noise monitoring survey to calibrate traffic noise model predictions and generate existing and future noise contour maps for the Master Plan . The collection of noise measurements adjacent to Lawrence Expressway, combined with the concurrent collection of vehicle count data, will provide direct measurement of noise levels resulting from specific traffic conditions on Lawrence Expressway. Traffic noise modeling will allow MIG to ascertain how traffic noise in the Master Plan area may change with different traffic conditions (e.g ., peak hour conditions, typical free-flow conditions). MIG will use SoundPLAN to estimate existing and future typical and peak noise exposure levels on an hourly Leq and a CNEL basis. SoundPLAN is a graphical noise modeling program that incorporates the Federal Highway Administration's Traffic Noise Model (TNM) algorithms for traffic noise predictions (also used by Caltrans). The ambient noise monftoring data will allow MIG to compare measured traffic noise levels against model-predicted traffic noise levels and calibrate and refine model predictions for traffic scenarios that are different than those which occurred at the time the ambient noise survey was conducted. The ambient noise survey data, combined with accurate traffic noise model predictions, will be used to generate a noise contour map of noise levels in the park and trail area under existing and future typical and peak traffic conditions . This map will allow designers and decision makers to visually understand the magnitude and variability of noise levels in the Master Plan area . i iitMti@itffii,itd~ffihtiM &,U §,lir ii hhi&A MIG will use the noise contour maps described above to identify, in coordination with the City , preliminary noise abatement considerations, including what, if any , noise exposure standard or guidelines are relevant to the project, and what, if any 1 feasible noise abatement measures may be available to reduce noise levels in the Master Plan area. MIG will evaluate the noise reduction effectiveness of three (3) different noise barrier options . This may include a combination of different barrier locations, different barrier materials (e .g. ,solid wall or earthen berm), and/or different barrier design options (e.g., reflective barrier vs. adsorptive barrier). MIG will build on the traffic noise modeling and noise contour maps described above and use SoundPLAN to model the effectiveness of potential barrier options . Using SoundPLAN, MIG will prepare updated noise contour maps showing the predicted effectiveness of each of the selected barrier options and the resulting noise levels in the Master Plan area with the noise abatement measure . References The following references were used to prepare this memorandum. Caltrans 2013. Technical Noise Supplement to the Traffic Noise Analysis Protocol. September 2013. ---'2020. Traffic Noise Analysis Protocol for New Highway Construction, Reconstruction, and Retrofit Barrier Projects . April 2020. City of Cupertino 2021 . Cupertino General Plan Community Vision 2015-2040. December 2014 . MIG , Inc. February 1, 2022 88CC 05-07-2024 88 of 266 CC 05-07-2024 88 of 266 CITY OF 11 PUBLIC WORKS DEPARTMEN T CITY HALL CUPERTINO l 0300 TORR E AVENUE • C UPERTINO, CA 95014-3255 TELEPH O N E: (408) 777-3354 • FAX: (408) 777-3333 CUPERTINO .ORG Project Lawrence Mitty Master Plan Contract Number Date 22-Feb-22 Desi(:mer MIG,l nc. Contracor 800 Hearst Avenue Address Berkeley , CA 94710 Distribution SusanM @Cuperti no.org; JuliaK @Cupertino .org ; LisaC@Cupertino.o rg SteveL @miacom.com Amendment# Consultant# Description Schedule Impact Revised Design Completion Date: Amount TOTAL FOR THIS PROJECT, TO DATE: Amendment# 1 CIP Proj # 2021-10 NWS# P LM 002.02.02 Acct'g # 280-99-009 1 5146 Addltional Si te Tree Inventory to record trees 4" in Diam e ter a n d g reater. Additi o n al Surv ey Se rv ices fo r odditiona trees id e ntified . Addit ional Se rv ices related a ltera t io ns t o Noi se Study Met hods . Se e atta c h e d Sc ope o f Work Do cuments for A m,:,nrl m,:,nt # l N/A N/AI 28,500.0ci Contract Amount : Design Services $ 29 3,784.00 50 ,000.00 City Cou nci l Approved Contingency $ City Council Approved Appropriation limit $ 343 ,784 .00 Des ign Serv ices Con tract Amendmen t s Ori inal Contract Amount: 293,784.00 CA# Description Amount $ 28,500 .00 Total Contract Amendments $ 28,500 .00 89CC 05-07-2024 89 of 266 CC 05-07-2024 89 of 266 Desig n Professiona l City Project Manaaer Design Services -Revised Contract Amount S 322,284.00 Council Approval Needed? No Reviewed By:~S-ta_v_e_La-ng----------------------1 Date:. 2/22/2022 Reviewed By:~L-is_a_c_a_m_e_H ___________________ --i Date: _ 2/22/2022 90CC 05-07-2024 90 of 266 CC 05-07-2024 90 of 266 CITY OF fl DESIGN PROFESSIONAL SERVICES AGREEMENT £SINGLE) ,VITH MIG, INC CUPERTINO 1. PARTIES This Agreement is made by and between the City of Cupertino, a municipal corporation ("'City"), and MIG, Inc (' Consultant"), a Corporation for Completion of the Lawrence-Mitty Park and Trail Master Plan ("Projec t") and is effective on the last date signed below ("Effective Date"). 2. SERVICES 2.1 Basic Services. Consultant agrees to provide the Basic Services for the Project, which are set forth in detail in the Scope of Services, attached here and incorporated as Exhibit A, and as further specified in Consultant's wTitten Proposal as approved by City, except for any provision in the Proposal which conflicts or is inconsistent with this Agreement and the Exhibits hereto, or as otherwise expressly rejected by City. Consultant further agrees to carry out its work in compliance with any applicable local, State, or Federal order regarding COVID-19. 2.2 Additional Services. City may request at any time during the Contract Time that Consultant provide additional services for the Project, which are not already encompassed, expressly or implicitly, in the Agreement, the Scope of Services or the Proposal ("Additional Services'). Additional Services must be authorized in writing by City and Consultant will not be paid for unauthorized Additional Services rendered. Additional Services are subject to all the provisions app1icable to Basic Services except and only to the ex.tent otherwise specified by City in writing. All refe rences to ··services" in the Agreement include Basic ervices and Additional Services, unless otherwise stated in writing. The Services may be divided into separate sequential tasks as further specified in this Agreement, the Scope of Services and Consultant s Proposal. Consultant is solely responsible for its errors and omissions and those of its subconsultants, and must promptly correct them at its sole expense. Consultant must take appropriate measures to avoid or mitigate any delay, liability, and costs resulting from its errors or omissions. 3. TIME OF PERFORMANCE 3.1 Term. Thi Agreemeot begins on the Effective Date and ends on December 3 1, 2023 , unless tenninated earlier as provided herein(' Contract Time'). 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 pw-chasing policy. 3.2 Schedule of Performance. All Services must be provided within the times specified in Exhibit B, Schedule of Performance, attached and incorporated here. Consultant must promptly notify City of any actual or potential delay in providing the Services as scheduled to afford the Parties adequate opportunity to address or mitigate delays. If the Services are di ided by tasks, Consultant must begin Completjou of the Lawrence-Mitty Park and Trail Ma ter Plan I of 1 1 Design Profe.~sional Agr (Sing le )/ O ctober 2021 91CC 05-07-2024 91 of 266 CC 05-07-2024 91 of 266 work on each separate task upon receiving City's Notice to Proceed (" TP"), and must complete each task within the time specified in ExhlbitB. 3.3 Time is of the essence for the perfonnance of all the Services. Consultant must have sufficient time, resources, and qualified staff to deliver the Services on time. 4. CUMPENSA TION 4.1 Maximum Compensation. City will pay Consultant for atisfactory perfonnance of the Basic Services and Additional Services, if approved, a cumulative total amount that will be capped so as not to exceed $293,784.00 ("Contract Price''), as specified in Ex hibit C Compensation, attached and incorporated here. The Contract Price includes all expenses and reimbursements and will remain in place even if Consultant's actual costs exceed the capped amount. No extra work or payment is permitted in excess of the Contract Price . 4.2 Basic Services. City will pay Consu ltant $293,784.00 ("Lump Sum Price"') for the complete and satisfactory performance of the Basic Senrices in accordance with Exhibit C. The Lump Sum Price is inclusive of all time and expenses, including, but not limited to, sub-Consultants' costs, materials , supplies, equipment travel, taxes overhead, and profit. If the Basic Services are not fully completed, Consultant will be compensated a percentage of the Lump Sum Price proportionate to the percentage of Basic Services that were completed to City's reasonable satisfaction, 4 .3 Additional Services . City bas the discretion, but not the obligation, to authorize Additional Services up to an amount not to exceed $0.00 Additional Services provided to City's reasonable satisfaction will be compensated on a lump sum basis or based on time and expenses, in accotdance will the Hourly Rates and Reimbursable Expenses Schedules included in Exhibit C. If paid on an hourly basis Consultant will be compensated for actual costs only of normal business expenses and overhead with no markup or surcharge ("Reimbursable Expenses'). Consultant will not be entitled to reimbursement for copying, printing, faxes telephone charges, emp1oyee oveiiime, or travel to City offices or to the Project site. 4.4 Invoices and Payments. Monthly invoices must describe the Services completed and the Amount due for the preceding month. City will pay Consultant within thirty (30) days following receipt of a properly submitted and approved invoice for Services. The invoice must separately itemize and provide subtotals for Basic Services and Additional Services, and must state the percentage of completion for each task, as specified in Exhibit C. City will notify Consultant in writing of any disagreements with the invoice or the stated percentage of completion of tasks. If the disagreement is unresolved, City will pay Consultant only for the undisputed portion of the Services. Disputed amounts shall be subject to the Dispute Resolution provision of this Agreement. a. Time and Expenses. For Additional Services provided on an hourly basis, each invoice must also include, for each day of Services provided: (i) name and title of each person providing Services; (ii) a succinct swnmary of the Services performed by each person; (iii) the time spent per person in thirty (30) minute increments; (iv) the hourly billing rate or Sub-Consu1tant charge and payment due; and (v) an itemized list with amounts and explanation for all pennitted reimbursable expenses. Completion of the Lawrence-Mitty Park and Trail Master Plan 2 of 11 Design Professional Agr (Single) I October 202 92CC 05-07-2024 92 of 266 CC 05-07-2024 92 of 266 s. b, Rates and Receipts. AH hourly rates and reimbursable expenses must conform to the City-approved rates set forth in Exhibit C, which will be in effect for the entire Contract Time. Each invoice must attach legible dated receipts for Reimbursable Expenses. INDEPENDENT CONTRACTOR 5.1 Status. Consultant is an independent Consultant and not an employee, partner, or joint venture of the City . Consultant is solely respons ible for the means and methods of performing the Services and shal l exercise full control over tbe employment, direction, compensation and discharge of al l persons assisting Consultant in performing the Services. Consultant is not entit led to health benefits, worker's compensation, retirement, or any City benefit. 5.2 Qualifications and Standard of Care . Consultant represents on behalf of itself and its sub- Consultants that they have the qualifications and skills to perform the Services in a competent and -professional manner, as exercised by design professionals perfonning similar services in the San Francisco Bay Area. Services may only be perf01med by qualified and experienced personnel or subconsultants who are not employed by City and do not have any contractual relationship with City excepting this Agreement. All Services must be pe1f01med as specified to City's reasonable satisfaction. 5.3 Permits and Licenses. Consultant warrants on behalf of itself and any sub-Consultants that they are properly licensed, registered and/or certified to perform the Services as required by law, and that they have procured a valid City Business License, if required by the Cupertino Municipal Code. 5.4 Sub-Consultants. Unless plior written approval from City is obtained only Consultant s employees and sub-Consultants whose names are included in this Agreement and incorporated Exhibits may provide Services under this Agreement. Consultant must require all sub-Consultants to furnish proof of insurance for workers' compensation, commercial liability, auto , and professional liability in reasonab le confonnity to the insurance required of Consultant. The tenns and conditions of this Agreement shall be binding on all sub-Consultants relative to the portion of their work 5.5 Tools, Materials, and Equipment . Consultant will supply and shall be responsible for all tools, mate1ials, and equipment required to perform the Services under this Agreement. 5.6 Payment of Benefits and Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. Consultant and any of its employees, agents, and subcontractors shall not have any claim under this Agreement or othe1wise against City for seniority, vacation time, vacation pay sick leave, personal time off, overtime, health insurance medical care hospital care, insurance benefits 1 social security, disability unemployment, workers compensation or employee benefits of any kind. Consultant ·hall be solely liable for and obligated to pay directly all applicable taxes, fees, contributions, or charges applicable to Consultant'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 Consultant. Should any court, arbitrator, or administrative authority, including but not limited to the Califomia Public Employees Retirement System (PERS) the Internal Revenue Service or the tate Employment Development Division, detennine that Consultant, or any of its employees, agents, or subcontractors , is an employee for any purpose, then Consultant agrees to a reduction in amounts payable under this Agreement, or to promptly remint to City any payments due by the City Compl etion of the Lawrence -Mitty Park and Trail Master Pl an 3 of 11 Design Professional Agr (Single )/ ctober 20 21 93CC 05-07-2024 93 of 266 CC 05-07-2024 93 of 266 a a result f such detem1inatiou , so that the City 's total expenses under this Agreement are not greater than they would have been had the detetmination not been made. 5.7 Errors and Omis ions. Consultant is solely responsible for its en-ors and ontissions and those of -its sub-Consultants and must take prompt measures to avoid, mitigate and correct them at its sole expense. 6. PROPRIETARY/C ONFIDENT IAL INFORMAT IO N During the Contract Time, Consultant may have access to private or confidential informatjon ovvned or controUed by the City which may contain proprietary or confidential details, the disclosure of which to third parties may be damaging to City. Consultant shall hold in confidence all City information and use it only to perform this Agreement. Consultant shall exercise the same standard of care to protect City information as a reasonab ly prudent Consultant wou ld use to protect its own proprietary data. 7. OWNERSH IP OF MATERlALS 7.1 P ro perty Ri ghts. Subject to City meeting its payment obligations for the Services, any interest (includi ng copyright intetests) of Consultant in any product memoranda, study, report map, plan draw ing, specification, data, record , document, or other information or work, in any medium, prepared by Consultant under this Agreement ("Work Producf'), will be the exclusive prope rty of the C ity upon comp letion of the work to be perfonned hereunder or upon termination of this Agreement to the extent reques ted by City. In any case. no Work Prod uct shall be shown to a third-party without p1ior written approval by City 7.2 Copyrigh t. To the extent pennitted by Title 17 of the U.S. Code, all copyrights to the Work Product prepared /created by Consultant and its sub~Consultants and all copyrights in such Work Product shall constitute City property. If it is determined under federal law that the Work Product is not '·works for hire " Consttltant hereby assigns to City all copyrights to the Work Product when and as created, and shall require sub-Consultants to do the same. Consultant may retain copyrights to its standard details , but hereby grants City a perpetual , non-exclusive license to use such details . 7.3 Patents and Licen es. Consultant must pay royalties or license fees required for authorized use of any third party intellectual property, including but not limited to patented trademarked, or copyiighted intellectual prope1ty 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 11se or modify the Work Product of Consultant and its sub-Consultants to execute or implement any of the following . but Consultant shall not be responsible or liable for City's re-use of Work Product: (a) For work related to the original Services for which Consultant was hired; (b) To complete the original Services with City personnel , agents or other Consultants; (c) To make subsequent additions to the original Services; and/or (d) For other City projects . 7.5 Deliverables and Format. Electronic and hard copies of the Work Product constitute part of the Deliverable required under this Agreement, which shall be provided to City on recycled paper and copied on both sides except for one single-sided original. Large-scale architectural plans and similar Completion of the La wrenc e-Mitty Park and Tra il Mas te r Pl an 4 of 11 De sign Profes sional Agr Single) I October 202 l 94CC 05-07-2024 94 of 266 CC 05-07-2024 94 of 266 items must be in CAD and PDF formats, and unless otherwise specified , other documents must be in Mi crosoft Office applications and PDF fonnat s. 8. RECORDS 8.1 Consultant must maintain complete, accurate, and detailed accounting records relating to the Services and Compensation in accordance with generally accepted accounting principles and procedures. The records must include detailed information about Consultant 's performance benchmarks, and deliverables . The records and supporting documents must be kept separate from other files and maintained for a period of four (4) years from the date of City 's final payment. 8.2 Consultant will provide City full access to Consultant's books and records for review and audit, to make transcripts or copies, and to conduct a preliminary examination of al l the work, data documents, proceedings and activities related to this Agreement. If a sup plemental examination or audit of Consultant's records discloses non-compliance with appropriate internal financial controls, a contract breach , or a failure to act in good faith , City will be entitled to recover from Consultant the costs of the supplemental examination. If this is a lump sum fee Agreement, City will be provided access to records ofreimbursable ex penses and the instruments of service/deliverables for review and audit. T1tis Section 8 sm-vives the expiration/termination of this Agreement. 8.3 Consultant acknowledges that certain documents generated or received by Consultant in connection with the perfonnance of this Agreement, including but not limited to correspondence between Consultant and any third party are public records under the California Public Records Act, California Government Code section 6250 et seq. Consultant shall comply with all laws regarding the retention of public records and sha11 make such records available to the City upon request by the City, or in such manner as the City reason ably directs that such records be provided. 9. ASSIGNMENT Consultant shall not assign , sublease, hypothecate, or transfer this Agreement or any interest therein, directly or -indirectly, by operation of law or otherwise, without p1ior written consent of City. Any attempt to do so will be null and void. Any changes related to the financial contro l or business nature of Consultant as a legal entity will be considered an Assignment subject to City approval , which shall not be unreasonably withheld. For purposes of this provision control means fifty percent (50%) or more of the voting power of the business entity. This Agreement binds Consultant its heirs , successors and assignees . 10. PUBLICITY/ SIGNS Any publicity generated by Consultant fo r the project under this Agreement , during the tenn o f this Agreement and for one (1) year thereafter will 1·eference the City's contributions in making the proj ect possible. The words 'City of Cupe1iino'~ will be disp1ayed in a11 pieces of publicity, including flyers press releases, posters, brochures, public service announcements, interviews , and newspaper arti cles . No signs may be posted , exhibited, or displayed on or about City property ex cept signage required by law or thi s Agr eement, without prio r written approval from the City. 11. INDEMNIFICATION 1.1 To th e full est ext ent all owed b y law and ex cep t fo r loss es caused by the sole or act ive Completion of the Lawrence-Mitty Park and Trail Master P lan 5 of 11 Design Pro fess ional Agr (Single)/ October 2021 95CC 05-07-2024 95 of 266 CC 05-07-2024 95 of 266 negligence or willful misconduct of City personnel, Consultant agrees to indemnify, defend, and hold harmless the City as follows: a. Indemnity for Design Professional Liability: With respect to the performance of design professional services by a design professional as defined in California Civil Code Section 2782.8 to the fullest extent permitted by law Consultant shall indemnify and hold harmless City its officers, officials, agents employees, and volunteers (collectively and/or individually "City") from and against any and all liabilities claims, damages, losses, costs, or expenses (including, without limitation costs attorneys' fees, and expert fees of litigation and alternative dispute resolution) of every nature to the extent arising out of pertaining to or relating to the negligence, recklessness, or willful misconduct of Consultant or any of its officers, employees servants. agents or subcontractors (collectively and/or individually "Consultant") in the performance of this Agreement or failure to comply with any obligations of the Agreement. Ifit is finally determined (through a non-appealable judgment or an agreement between City and Consultant) that liability is caused by the comparative negligence or willful misconduct of City then Consultant s indemnification and hold harn1less obligation shall not exceed Consultant's finally determined percentage of liability based upon the comparative fault of Consultant. Irrespective of any language to the contrary in this Agreement, the Consultant has no duty to provide or to immediately pay for an up-front defense of City against unproven claims or allegations, but shall reimburse those litigation costs and expenses (including, without limitation, attorneys fees, and expe1i fees) incurred by the City to the extent caused by the negligence, recklessness, or willful misconduct of Consultant. In no event shall the cost to defend charged to Consultant exceed Consultant's proportional percentage of fault except as described in Section 2782.8(a) and (e) of the California Civil Code. b. Claims Involving Intellectual Property. Consultant shall indemnify, defend, and hold harmless lndernnitees from and against any claim involving intellectual property, infringement, or violation of a United States patent right or copyright, trade secret, trademark, or service mark or other proprietary or intellectual prope1iy rights, which arises out of, pertains to, or relates to Consultant s negligence , recklessness or willful misconduct. Such costs and expenses will include reasonable attorney fees for legal counsel of City's choice, expert fees , and all other costs and fees of litigation. c. Claims fot· Other Liability. Except as provided in subsections 11.1 (a) and (b), to the fullest extent pennitted by law Consultant shall hold harmless, defend (with counsel agreed to by City). and indemnify City and its officers, officials, agents, employees, and volunteers (collectively and/or individually "City" from and against any and all liability, claim Joss , damage, expense costs (including without limitation, costs, attorneys ' fees, and expe1t fees oflitigation) of every nature arising out of, related to, or in connection with the performance of work hereunder by Consultant or any of its officers employees, servants, agents, or subcontractors, or the failure of the ame to comply with any of the obligations contained in this Agreement, except such loss or damage which was caused by the sole negligence or sole willful misconduct of the City. Consultant 's duty to defend applies immediately, whether or not liability is established. An allegation or determination that persons other than Contractor are responsible for the claim does not relieve Contractor from its separate and distinct obligation to defend as stated herein. Completion of the Lawrence-Mitty Park and Trail Mast.er Plan 6 of 11 Design Professional Agr (Single )/ October 202 I 96CC 05-07-2024 96 of 266 CC 05-07-2024 96 of 266 ll.2 Consultant will assist City, at no additional cost, in the defense of any claim, dispute, or lawsuit arising out of this Agreement. Consultant's duties herein are not limited to or subject to the Contract Price, to Workers' Compensation claims or to the Insurance or Bond limits and provisions. Nothing in this Agreement shall be construed to give rise to an implied right of indemnity in favor of Consultant against any Indemnitee. 11.3 Consultant agrees to pay the reasonable costs City may incur in enforcing this provision related to Consultant's indemnification duties , including reasonable attorney fees fees for legal counsel acceptable to City, expert fees, and all other costs and expenses related to a claim or counterclaim, a purchase order, another transaction, litigation or dispute resolution. Without waiving any rights, City may deduct money from Consultant's payments to cover moneys due to City. 11.4 Consultant 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 Consultant 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. 11.5 This Section l 1 shall sw-vive expi1·at ion or termination of this Agreement 12. INSURANCE On or before the Contract Time commences Consultant shaU furnish City with proof of compliance with City Insurance Requirements, attached and incorporated here as Exhibit D. City will not execute the Agreement tmtil Consultant has submitted and City has reasonably approved receipt of satisfactory certificates of insurance and endorsements evidencing the type, amount, class of operations covered , and the effective and expiration dates of coverage. Alternatively, City may tenninate this Agreement or in its sole discretion purchase insuranc e at Consu1tanfs expense and deduct costs from payments to Consultant. 13. COMPLIANCE WITH LAWS 13.l General Laws. Consultant shall comply with all laws and regulations applicable to this Agreement. Consultant will promptly notify City of changes in the law or other conditions that may affect the Project or Consultant's ability to pe1form. Consultant is responsible for verifying the employment authorization of employees performing the Services, as required by the Immigration Refonn and Control Act, or other federal or state law, rule or regulation. 13.2 Labor Law . Consultant shaH comply with all labor laws applicable to this Agreement. If the Services include a "public works component Consultant must comply with prevailing wage laws under Labor Code Section 1 720 and other labor laws. To the extent applicable, Consultant must comply with City 's Labor Compliance Program and with state labor laws pertaining to working days , overtime, payroll records and DIR Registration and Oversight. If the Contract Price i s $30 ,000 or more, Consultant must comply with the apprenticeship requirement in Labor Code Section 177 7.5. 13.3 Discrimination Laws. Consultant shall not discriminate on the basis of race , religious creed, color, ancestry, national otigin ethnicity, handicap , disability, ma1ital status, pregnancy age sex gender sexual orientation, gender identity Acquired-Immune Deficiency Syndrome (AIDS), or any other protected classification. Consultant shall comply with all anti-di sc1iminatiou laws, including Completion oft.he Lawrence-Mitty Park and Trail Master Plan 7 of I I Design Professional Ag,r (Single)/ October 2021 97CC 05-07-2024 97 of 266 CC 05-07-2024 97 of 266 Government Code Section 12900 and 11135 , and Labor Code Section . 1735 , 1777, and 3077 .5. Consistent with City policy prohibiting it , Consultant understands that harassment and discrimination by Consultant or any of its sub-Consultants toward a job applicant an employee, a City employee, or any other person is strictly prohibited. Consultant agrees to provide records and documentation to th e City on request necessary to monitor compliance with this provision. 13.4 Conflicts of Interest. Consultant shall comply with all conflict of interest laws and regulations applicable to this Agreement and must avoid any conflict of -interest. Consultant 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 l 090 et seq. Consultant may be required to file a conflict of interest fonn if Consultant makes ce11ain governmental decisions or serves in a staff capacity, as provided in Section 18700 of Title 2 of the California Code of Regulations and other laws. Services may only be performed by persons who are not employed by City and who do not have any contractual relationship with City, with the exception of this Agreement. Consultant is familiar with and agrees to abide by the City s r ule s governing gifts to public officials and employees . 13.5 Remedies. A violation of this Section 13 constitutes a materia l breach and may result in City uspending payments, requiring reimbursement, or tenninating this Agreement. City reserves all its rights and remedies under law and this Agreement, including the right to seek indemnification under Section 11. Consultant agrees to indemnify, defend , and hold City harmless from and against any loss, liability, and expenses arising from noncompliance with this Section. 14. PRO,JECT COOR DIN A TTON 14.1 City Project Manager. The City 's Project Manager for all purposes under this Agreement will be Lisa Cameli , who shall have the authority to manage this Agreement and oversee the progress and performance of the Services . City in its sole discretion may substitute another Project Manager at any time and will advise Consultant of the new representative. 14.2 Consultant Project Manager. Subject to Ci t fs reasonable approval , Consultant's Project Manager for all purposes under th.is Agreement will be Steven Lang, who shall be the single representative for Consultant with the authority to manage compliance with this Agreement and oversee the progress and performance of the Services. This includes responsibility for coordinating and scheduling the Services in accordance with City instructions , service orders and the Schedule of Performance, and providing regular updates to the City 's Project Manager on the Project status progress and any delays. City written approval is required prior to Consultant substituting a new Project Manager , which shall result in no additional cost to City or Project delays. 15 . ABANDONMENT OF PROJECT Ci ty may abandon or postpone the Project with thirty (30) calendar days written notice to Consultant. Consultant will be compensated for satisfactory Services performed through the date of abandonment and will be given reasonable time to assemble the work and clos e out the Services. o close out work shall be conducted without City reasonable approval of closure costs, which may not exceed ten percent (10%) of the total time expended to tl1e date o f abandonment. All charges including job closure costs will be paid in accordance with the provisions of this Agreement and within thirty (30) days o f Consultant 's final invoice reasonably approved b y th e City. Com pl e ti on of d1e Lawrence-Mi tt y P ark and Tra il Ma ter Plan 8 of 11 Des ign Professional Ag r ( iog le) / Oc tober 2021 98CC 05-07-2024 98 of 266 CC 05-07-2024 98 of 266 16. TERMINATION City may terminate this Agreement for cause or without cause at any time, following reasonable written notice to Consultant at least thirty (30) calendar days prior to the tennination date. Consultant will be paid for satisfactory Services rendered through the date of termination , but final payment will not be made until Consultant closes out the Services and delivers aJ\ Work Prod uct to City. All charges approved by City including job closure costs will be paid within thirty (30) days of Consultant 's final invoice. 17. GOVERNING LAW , VENUE , AND DISP UTE RESO LU TION This Agreement is governed by the laws of the State of California, excepting any choice of law ru les which may direct the app lication of laws of another j urisdiction. Any lawsuits filed re lated to this Agreement must be fi led with the Superior Court for the County of Santa Clara, State of Califomia. Cons ultant must comply with the claims filing requirements under the Government Co de prior to filing a civil action in court against City. The Agreement and obligations of the parties are Sl.lbject to all val id laws, orders rnles , and regulations of the authori ties having jurisdiction over this Agreement ( or the successors of those authorities). If a dispute arises, Consultant must continue to provide the Services pending resolut ion of the dispute. If the Partjes elect arbitration the arbitrator 's award must be supported by law and substant ial evidence and include detailed written findings of law and fact. 18. ATT O RNEY 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. This Section 18 survives tbe xpiration/termination of this Agreement. 19. THIRD P ARTY BENEFI CI ARI ES 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 any breach shall not be deemed to constitute waiver of another term, provision, covenant , or condition or a subsequent breach, whether of the same or a different character 21. ENTIRE AGREEMENT This Agreement represents the full and complete understanding of the Parties, of every kind or nature, and supersedes any and all other agreements and understandings either oral or written between them. Any modification of this Agreement will be effective only if in Wliting 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 this main Agreement and any tenn clause or provision of the attaclunents or exhibits thereto the te1ms of the main Agreement sh all prevail and be controlling. Compl etion o f the-L a wrence-Mi tty Park and Trai l M as ter P lan 9 of l 1 De ign Profe ssional Agr (Single)/ October 202 I 99CC 05-07-2024 99 of 266 CC 05-07-2024 99 of 266 22. INSERTED PROVISIONS Each contractual provision or clause that may be required by law is deemed to be included and will be mferred in this Agreement. Either party may request an amendment to cure any mistaken insertion or omission of a required provision. 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 tllis Agreement. 24. SEVERABILITY/PARTIAL INVALIDITY If any term or provision of this Agreement, or their application to a paiiicular situation, is found by the court to be void invalid, illegal or unenforceable, such tenn or provision shaJI remain in force and effect to the extent allowed by such ruling. All other tenns and provisions ofthis Agreement or their application to specific situation shall remain in full force and effect. 25. SURVIVAL All provisions which by their nature must continue after the Agreement ends, including without limitation those referenced in specific Sections herein survive this Agreement and shall remain in full force and effect. 26. NOTICES AJl notices, requests, and approvals must be sent to the persons below in writing to the persons below, and will be considered effective on the date of personal delivery, the delivery 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 I 0300 Torre Ave. Cupertino CA 95014 Attention:Lisa Cameli Email: LisaC@cupertino.org 27. EXECUTION To Consultant: MIG, Inc 2055 Junction Ave, Suite 205 San Jose, CA 95131 Attention: Steven Lang Email: SteveL@migcom.com The person executing this Agreement on behalf of Consultant represents and waiTants that Consultant has the right, power, and authority to enter i.nto this Agreement and carry out a11 actions herein and that he or she is authorized to execute this Agreement, which constitutes a legally binding obligation of Consultant. This Agreement may be executed in coW1terparts, each one of which is deemed an original and all of which taken together, constitute a single binding instrument. Completion of the Lawrence-Mitty Park and Trail Master Plan 10 of! l Design Professional Agr (Single) / October 202 J 100CC 05-07-2024 100 of 266 CC 05-07-2024 100 of 266 IN WITNESS WHEREOF the parties have caused the Agreement to be executed on the Effective Date stated earlier in this Agreement. CITY OF CUPERTINO A Municipal Corporation By z;,,,,,,,,.,,..,, 7M-~,,. Name Dianne Thompson (she/her) Title Acting City Manager Date Dec 9, 2021 APPROVED AS TO FORM: cit,;,~ D . .J8-11MHv CHRISTOPHER 0. JENSEN Cupertino City Attorney ATTEST: KIRSTEN SQUARCIA City Clerk Date Dec 9, 2021 MIG,INC By Cltt-}Br-- Narne Chris Beynon Title Vice President/Chief Develo pment Officer Date Nov 24, 2021 Completion of the Lawrence-Mitty Park and Trail Ma ter Plan 11 of I 1 Design Professional Agr (Single)/ October 2021 101CC 05-07-2024 101 of 266 CC 05-07-2024 101 of 266 EXHIB IT A 11 Lawrence Mitty Park and Trail Master Plan, Cupertino, CA Scope of Work November 17. 2021 MIG has prepared the following Scope of Work to illu strate how we will faci li tate successful completi on of the Lawrence Mitty Park and Trail Master Plan project. This scope captures and clarifies assumptions of the tasks incorporated in the attached Fee Proposal spreadsheel The deta il s are based on our understanding of the project requirements st ated in the City of Cupertino 's ("the City") Lawrence Mitty Park and Tra i l Master Plan RFQ, dated August 12.2021 , and Addenda. In the tasks listed below, meetings are expected to be virtual except when noted ot herwise . Meeting notes allow for one set of revisions to incorporate City input per meeting notes. Project Understanding The City wishes to develop a Pa rk and Tra i l Master Plan for the Lawrence -Mitty site ("Master Plan"), located on the east side of Cupertino between the Lawrence Expressway and Saratoga Creek. as shown in the RFQ . The purpose of the Master Plan Is to determine how to best meet the f uture recreation, tra il, and open space needs of citizens through enhancement of the site. Add it ional ly. there is the in tent to co nnect the Saratoga Creek Trail through the Lawrence·Mltty site to San Jose and Santa Clara to the North . The Master Plan process will result i n a conceptual design for a premier park with recreation activities that will attract and accommodate all residents. The City env isions a destinat io n that provides all ages, but especial ly chi ldren, with a memorable experience of outdoor play, exercise, and educational opportunitfes while providing much-needed open space to the east side of CuperJno, which is underseNed in terms of park space and recreational opportunity. The resulting Master Plan will also provide an exciting and inviting space for all age groups through an extension of the Sa ratoga Creek wa lking and biking trail. The comprehensive Master Plan will prov id e techn ic al analysis of the site as describ ed be l ow, Identify community values and needs, align with the City's 2020 Parks and Recreation System Master Plan and result in a ready-to- implement vision for the Law rence Mitty park site . The City Council-approved conceptual design and report wifl be used to guide future recreational and programmattc deci si ons and capital improvement planning for the site . PHASE 1 -EXISTING CON DIT IONS AND TECHNI CA L ANA LYS IS 1.1 Project Kick-Off Meeting and Wotk Plan The project kick-off meeting wil l include City staff. MIG's Project Manager (PM), and key personne l within each designated specialty to discuss design objectives, issues. and a draft work plan . Following the kick-off, MIG wi ll develop a detailed work p lan w ith roles. responsibi lrties, and schedule ; prepare a data request; and coordinate a site v fsit. D eliverab l es: • Kick-off Agenda • Kick-off Notes • Draft Work Plan and Schedule • Final Work Plan and Project Schedule (PDF) 1 102CC 05-07-2024 102 of 266 CC 05-07-2024 102 of 266 EXHIBIT A 1.2 Community Engagement Initial Planning MIG wiU review existing input from the 2020 Parks and Recreation System Master Plan and 2017 community site wa l k. We will collaborate with City staff to identify stakeholders and prepare for outreach. Deliverables: • Communications Plan including schedule (PDF, Draft and Final) 1.3 Evaluate Existing Conditions Information The MIG Team wi ll review existing conditions information and additional background documents noted in the RFO. BKF will evaluate existing Utilities and easements, hydrologic information, and adequa te suNey info, and alert the C ity if there is a need for any additional information. Deliverables: • Summary report of site-specific findings and jurisdictional regulations that may impact or influence the fina l conceptual design for the Master Plan including specifics per the RfQ_ • Summary of how the proposed Master Plan conforms to Citywide Parks Goa1s and Regulations as well as requirements o f other jurisdfctions. • Summary of revlew of existing ATLA/NSPS Land Survey and verification of site improvement and topo accuracy or statement of inconsistencies with fee proposa l for corrections. • Summary of the MIG Team's research and understanding of existing on-site and adjacent util ities, easements, and hydrologic information . Includes assessment of any potential impacts on site design concepts. 1.4 Te-am Site Tour In collaboration with City staff, the MIG Team will meet at the site to walk the park and trai l. observing specific concerns and discussing questions. Deliverables: • Meeting notes from Site Tour 1.5 Transportation Study Hexagon Transportation Consultants wi ll prepare a short vehicle miles travelled (VMT) project screening memo to describe how the project would be screened out of a full VMT analysis under the City's criteria. He;,cagon will also analyze the potential multi-modal/pedestrian safety impacts of the park and trail project Deliverables: • VMT Screening and Multimodal/Pedestrian Safety Impacts Memo 1.6 Ph ase I ESA Update and Phase II Investigation Cornerstone will prepare a Phase I Environmenta l Site Assessment (ESA) Update, a Phase II Soil Quality Evaluation, and a Hea lt h and Safety Plan for personnel conducting earthwork activities at the site prior to the initiation of the Phase II soil sampling. Meeting attendance Will be charged on a time and materials basis . Deliverables: • Meeting Notes from meeting documenting approach and decisions for further environmental analysis. • Summary of full review of existing Environmental Reports for the site. • List of any proposed additrona l testing locations and purpose of sampling • Draft and Final Phase II Environmental Site Assessment Report for City review and approval • Completion of a Phase Ill ESA if requested by the City and recommended in the Phase II ESA (Scope and fee to be negotiated after Phase II ESA is complete) 2 103CC 05-07-2024 103 of 266 CC 05-07-2024 103 of 266 EXHIBIT A l7 Acoustical Assessment for Noise Reduction MIG will prepare a technica l no ise report that summarizes the exi sting ambient no ise env ironment at t he project s ite (based on measurements and model i ng results), the ambient environment that could exist under three different sound attenuation options at the site, and prelim i na ry recommendations fo r recreation options based on reduced no ise levels. MIG's approach to completing the noise report (i.e ., the protocol) Will be summar ized i n a techn ical memorandum for City approva l after MIG has discussed var ious modeling options with the City during a kick-off cal l. Noise reduction measures will be integrated into the final conceptua l design and fina l Maste r Plan report. Deliverables : • Technical noise memorandum for protocol for review and acceptance (withfn two weeks of kick-off ca ll) • Draft No ise Report (PDF. with in five weeks of protoco l approval) • Final Noise Report 1.8 Biological Resources Report MIG biologists will prepare a stand-alone B1ological Resources Report that will include a Jurisdictional Delinea t ion . These reports wlll be used to inform the project design and as supporti ng documentation for the CEQA analysis and any future resource agency permits that may be required for the project. De liverables : • • Biological Resources Report Jurisdictional Delineation 1.9 Tree Survey and Condition Assessment SBCA Tree Consulting will perform an assessment of on-site trees including an evalLiation of tree size and hea lth , tree site location , Identificati on of structural defects, prun i ng needs, and pests. Work will include one (1) p re-inventory meeti ng with the City Project Manager and A rborist . Deliverables : • Draft and final copy of proposl;:'d tree i nventory met hodology and att ributes t o be collected fo r City review and approval. • One (1) PDF copy and one (1) AutoCAD version 2019 or newer copy of tree survey overlayed onto the existing 2020 topographic survey within the project area at 1"= 20' scale . • One (1) PDF of Arborist Report on trees , potential constru ction i mpacts and recommendations to be Integ rated into the final Master Pla n Report. 1.10 Site Environmental Summary Report MIG . along With consultant expertise, Wil l synthes ize ffnd l ngs into an Environmental Summary Report (to JnclLide a brief summary of all of the above reports) and Opportunlties and Challenges Diagrams for use In fu ture commun ity meetings. Deliverables: • Environmental Summary Report (PDF) • Opportunities and Challenges Diagrams (PDF) 1.11 City Meeting: Review Phase I Findings The City and MIG w i ll meet to review techn ical analysis and findings _ We Will also discuss eme rgi ng site poss ibi lities and the team's approach to community inpu t moving forward . 1.12 Phase 1 City Coordination and Project Management MIG's PM and the City will ho ld week ly u pdate ca ll s with addit ional proj ect team members attend ing peri od ic ally 104CC 05-07-2024 104 of 266 CC 05-07-2024 104 of 266 EXHIBIT A Deliverables: • Meeting Notes highlighting key decisions PHASE 2 -COMMUNITY VIS ION 2.1 Public Survey and Analysis Initia l pl anning for the survey will occur early in Phase 1. At that time the City and MIG wil l discuss the workplan and confirm If this survey may launch before the technical analysis is 100% complete. MIG will develop the public internet survey, along with graphics for print materials for use by the City to distribute by US Mail. MIG wll l also provide additional advice on outreach and publici ty to reach nearby residents. and will deve lop a poster or a street decal with a QR code to be posted in and around the project area. The City will assist with placing posters. MIG will compil e resu lts from the survey in an easy-t o-d igest analysis for th e City. The City and MIG w i ll meet to review findings and in form next outreach steps. Deliverables: ■ ■ ■ • • • • Updated Communications Plan including schedule Draft Community Survey for City staff comment Final Commun;ty Survey to be distributed to the public Development of poster or street decal with OR code to publ1dze survey Outreach advice on rea ch ing neighbors regarding t he survey Survey Analysis Meeting Notes highlighUng key decisions and next steps 2.2 Develop Graphics and Outreach Tools Using the knowledge gained from Phase 1 and the pub lic survey, MIG will develop graphics and tools for community input. We will summari2e important site informa tion from Phase 1 for the community and elf c it feedback in multiple ways. Methods will be determined in collaboration with the City and may include options such as interactive polling, shared Mural boards. and breakout groups, along with prfnted materials for in -p erson feedback. Deliverables: • Draft Graphics for Review (PDF) • Final Graphics (PDF for one zoom meeting , large-size prin ts for one on-site open house) 2.3 Community Meetings (2) MIG will organize and present at two (2) community meetings to solicit additional fnput on the community's interests. clarify community priorities, and to help gufde development of the three design alternatives. To encourage more in put and respond to both the pandemic and varying schedu les, we propose one meeting via Zoom and one outdoor in-person casual open-house event/site tour starting at Sterling-Barnhart Park. t o allow the community to walk the currently fenced site. Deliverables: • Two (2) Community Meeting Agendas & Presentations 2A Community Pop-Up Events (2) MIG will organize and present at two (2) community pop-up events to solicit additional input from key stakeholder groups identified earlier in Phase 1. Examples include a table at a Farmer's Market or School. joining a neighborhood block meeting, or similar style event. Th e Intent o f these events is to solicit input fro m additional park users, or future users, by going to them. 4 105CC 05-07-2024 105 of 266 CC 05-07-2024 105 of 266 EXHIBIT A De/lvera bles: • Printed materials for Two (2) Communify Pop-Ups 2.5 Synthesize Community Vision Results Community meeting results, along with survey input, will be compiled by MIG into a summary report for review by the City and for use in upcoming Commission/Council presentations. MIG and the City wi l l meet to review results and Info rm next steps . Deliverable s; • Analysis and Synthesis Report of public suNey and meeting findings • Meeting Notes highlTghting key decisions and next steps 2 .6 Commissions and City Council Presentations: Initial Meeting MIG will prepare slideshows and present to the Parks and Recreation Commiss io n, the Bicycle-Pedestrian Commiss i on. Planning Commission. and City Counci l to receive feedback . The presentation will include a summary of i nput and priorities from the community meetings and survey responses. Delive rables: • • • • • Prepare draft slideshow presentation for City approval Parks and Recreation Commission Agenda. Presentation, and Report Planning Commission Agenda, Presentation, and Re p ort Bicycle-Pedestrian Commission Agenda. Presentation, and Report City Counc il Study Sess ion Presentation and Report 2.7 Develop Recommended Im provements and Programming Incorporating community input and comments from the Comm iss i ons and Council . the MIG Team will develop a set of recommended improvements and programming for the Lawrence-Mitty site . The City and MIG will meet to review the recommendations and consider directions for the three alternatives De liverables: • • Written Reco mmendation s for Improvements and Programming Meetin g Notes highlighting key ctecisrons and next steps 2.8 Phase 2 City Coordination and Project Management MIG's PM and the City will hold weekly update cal ls w ith additional project team members attending periodically. Deliverab les: • Meeting Notes highlighting key decisions PHASE 3 -CONCEPTUAL DESIGN ALTERNATIVES 3.1 Develop Concep t Alternatives and Costs The MIG Team will create three (3) rough draft alternatives for initial review by the City that utilize planning studies and reports and incorporate community input, feedback from the City. and comments from the commission/council reviews. MIG will incor porate the City's consolidated input to fina li ze three (3) final alternatives for presentatio n to the community and p repare a rough order of magnitude cost estimate for each. Each Conceptual Desfgn Alternative will include a colored plan with cal lou ts for program elements. Precedent images will be used to help the community envision the various program elements. 5 106CC 05-07-2024 106 of 266 CC 05-07-2024 106 of 266 Deliverables: • Conceptual Design Alternatives (PDF and 1 hard copy) • • • Meeting Notes from Consultant and City staff design review of Draft Concepts 3 Conceptual Deslgn Alternatives (PDF) Rough order of magnitude cost estimate tor each alternative (PDF and Excel) 3.2 Develop Graphics and Outreach Tools EXHIBIT A MIG will develop graphics and outreach tools to continue to engage the community, Comm issions. and City Council for additional input as outllned in the RFO , Deliverables: • Draft Graphics for Review (PD F) • • • Final Graphics (PDF f or one Zoom meetrng, large-size prints for one on-site open house) Draft Mailer of 3 Conceptual Design Alternatives for City staff review (PDF) Final Postal Mailer of 3 Conceptual Design Alternatives to be sent to the public (PDF) 3-3 Community Meetings (2): Alternatives MIG Will organize and present the three community-driven design alternatives for public input with tools designed to help the community arrive at one final plan. Final planning wHI be confirmed with the Clty, but is currently assumed to be one Zoom meeting and one in-person casual open house similar to Phase 2. Deliverables: • Two (2) Meeting Agendas and Notes from Alt ernatives Community Presentation and Feedback Meetings 3.4 Community Pop-Up Events (2) MIG will organize and present at two (2) community pop-up events to solicit additional input from key stakeho lder groups identified earlier in Phase 1. Examples include a table at a Farmer's Market or Schoo(. joining a nelghborhood block meeting, or similar style event. The Intent of these events is to solicit input from additional park users. or future users. by going to them. Deliverables: • Printed materials for Two (2) Community Pop-Ups 3.5 Analysis of Community Input Community meeting results w ill be compiled into a summary report for review by the City and for use in upcoming Commission/Council presentations. MIG and the City Will meet to review results and direction prior to Commission/Council presentations. Deliverables: • Analysis and Synthesis Report of community input and meeting findings • Meeting Notes highllghting key decisions and next steps 3.6 Commissions and City Council Presentations (3): Alternatives MIG will prepare slideshows and present to the Parks and Recreation Commission. the Bicycle-Pedestrian Commission, and City Council to receive feedback. The presentation will include a summary of input and priorities from the community meetings. De/iVerobles: • Prepare draft slideshow presentation for City approval and fina l version 6 107CC 05-07-2024 107 of 266 CC 05-07-2024 107 of 266 EXHIBIT A • • • Parks and Recreation Commission Meeting Agenda. Presentation. and Report Blcycle-Pedestrian Commission Meeting Agenda, Presenta ion , and Report City Council Study Session Presentation and Report 3.7 Develop Preferred Conceptual Design Plan MIG and the City will meet to discuss community input and Commission/Council feedback. recommendations, and direction for a Preferred Concept. This may be one chosen alternative or a combination of alternatives. MIG will produce a single Draft Conceptual Design fo r the site for review with th e City and Incorporate feedback into the Fina l Conceptual Design . Deliverables: • Draft Conceptual Design Plan (PDF) • Final Conceptual Design Plan (PD F) 3.8 Phase 3 City Coordination and Project Management MIG's PM and the City wlll hold weekly update calls with additional project team members attending periodically. Deliverables: ■ Meeting Notes highl1ghtfng key decisions PHASE 4 -DRAFT AND FINAL MASTER PLAN 4.1 Develop Draft Master Plan Report MIG will prepare a draft outline for the Lawrence-Mitty Park and Trail Master Plan. The approach and specific sections will be confirmed with the City. followed by creation of t he fu ll draft for City review . The draft master plan will be the culmination of key elements of design, input provided by the public, site study findings, and the physical and j ur isd ictional constraints of the site. MIG and the City will meet to d1scuss the City's consolldated review comments and determine final edits . Delive rable s: • Draft Lawrence-Mitty Park and Trail Master Plan (PDF) • Meeting Notes from Draft Master Plan Review Meeting with City staff 4.2 Present Draft Master Plan to Community MIG recommends that the Draft Master Plan be posted on the City's website for comments due to the difficulty of reviewing a lengthy document in a public meeting. This can be followed by a Zoom Open House. including a brief summary presentation and plenty of time for questions and answers. We will be happy to make adjustments to this plan if the City prefers a different format Deliverables: • JPEGs of major maps and a PDF of the document for the City website • Draft and Final slldeshow • Meeting Agenda ahd Notes from the Community Presentation/Meeting 4.3 Present Draft Master Plan to Commissions and City Council (4) MIG w i ll present the Draft Master Plan to the Park and Recreation Commission. Bicycle-Pedestrian Commission . Planning Commission and City Council for final input and consideration of minor ed its . 7 108CC 05-07-2024 108 of 266 CC 05-07-2024 108 of 266 EXHIBIT A Deliverables: • Draft and Final slideshow • Meeting Agenda and Notes from each of the four (4) Presentations/Meetings 4.4 Finalize Master Plan MIG wil l collect input from meeting reviews and incorporate edits from stakeholders as directed by the City. There will be one (1) Draft Master Plan revTew meeting with Oty staff to ensu re all design and study elements are Inco rporated pr1or to final Master Plan submittal. Deliverables: • Lawrence-Mitty Park and Trail Master Plan (2 printed/bound copies; 1 unbound copy; PDF) 4.5 Develop Cost Estimate and l mplementation/Phasin,g Timeline MIG will provide to the City, in a document separate from the Master Plan, a rough order of magnitude cost estimate for implementation of the final conceptua l design, including the specifics noted in the RFQ. MIG w ill also submit a proposed implementation and phasing timeline for completion of the built infrastructure reflected in the adopted Master Plan. Deliverables • Rough Order of Magnitude Cost Estimate for Master Plan Implementation electronic (PDF and Excet) • Proposed Master Plan implementation and phasing timellne for site improvements wfth conslderatlon of time line for jurisdictional permits or permissions in MS Project format. (PDF) 4.6 Present Final Master Plan to City Council for Acceptance MIG will present the Master Plan in col laboration with City staff to City Council for final approval, Which is required for adoption as City policy. Deliverables: • One (1) Meeting Agenda and Notes from the final Acceptance Meeting 4 ,7 Phase 4 City Coordination and Project Management MIG's PM and the City will hold weekly update calls with additional project team members attending periodically. Deliverables: • Meeting Notes highlighting key declsions P HASE 5 -CEQA MIG assumes the project will qualify for an Initial Study/Mitigated Negative Declaration (15/MND) under CEQA and will prepare an analysis of the project according to the CEOA Guidelines and City of Cupertfno requirements. The final IS/M ND will be presented to the City Council for adoption with the approval of the Master Plan. 5.1 Prepare Administrative Draft Initial Study MIG will prepare and electronically subm it for the City's review an Administrative Draft Initial Study. The submittal will Include copies of all technical studies. Deliverables: • Administrative Draft In itial Study • Technical studies -Air quality/greenhouse gas emissions. biological resources, hazardous materials (Updated Phase I Envi ronmental Site Assessment. lim1ted soil testing). transportation (VMT project screening and multimodal/pedestrian safety impact analysis memo) 8 109CC 05-07-2024 109 of 266 CC 05-07-2024 109 of 266 EXHIBIT A 5.2 Prepare Public Draft Initial Study/Mitigated Negative Declaration MIG will address any comments from the City on the Administrative Draft IS and then produce a Screen Check document for final City approval. Once the Screen Check document is approved. MIG will prepare the Public Draft IS/MND for public circulation and a PDF versjon for the City to post on the City's website.. Deliverables: • Screen Check IS • Public Dra~ IS/MND for public circulation • PDF Version Public Draft IS/MND for posUng on City's website 5.3 Prepare Final IS/MND, Mitigation Monitoring and Reporting Program, and Notice of Determination Following conclusion of the 30-day publlc review perrod, MIG wfll prepare the Administrative Draft and Screen Check Response to Comments documents that Will contain a summary of all comments received during the public comment period. responses to comments, and changes to the Draft IS text or errata as necessary. Concurrent with the preparation of the Response to Comments, MIG w111 finalize the Mitigation Monitoring and Reporting Prog ram (MMRP) and prepare a Notice of Determination (NOD) for the City to finalize and submit to the County Clerk's office and the State Office of Planning and Research. Deliverables: • • • Admin istrative and Screen Check versions of Re sponses to Comments Flnal MMRP Draft NOD • Prepare any required documents containing findings and resolution for certification, public notice, and/or filing of environmental documents as needed , 5.4 Attend Public Meetings/Hearings MIG's CEQA Director will attend one (1) remote community meeting held by the City (estimated at 2 hours) and two (2) remote public hearings. In addition to the public meetings and hearings, the MIG CEOA Director and CEOA Project Manager will attend one (1) remote CEOA kick-off meeting with City staff. 5.5 Phase 5 City Coordination and Project Management MIG's CEOA Project Manager will be the primary pornt of contact for CEQA work and will keep the City apprised of project progress at key points. Weekly meetings are not anticipated in this phase. Assumptions, Exclusions & Additional Services The MIG team's assumptions for included scope and level of work effort are based on the scope of wo rk outline in the RFQ . If a need arises in the Phase 1 analysis period for additional survey information or studies. beyond what is currently scoped , the City and MIG team will work together to determtne the corresponding effort and fee to deliver these additional scope items. All meetings, except where noted. are assumed to be remote via screen share . which enables more team members to participate efficiently. A single round of consolidated comments for each City review item is assumed . Additional Services: The MIG Team has a broad range of experience, skllls and services. The following is a non -exhaustive list of items that are not included in this scope but could be provided as additional services if they are needed or desired by the City: 9 110CC 05-07-2024 110 of 266 CC 05-07-2024 110 of 266 • • • • • • • • • • • • • • • • EXHIBIT A Use of Maptionnaire is noted as an Optional Task/Additiona l Service. and could supplement the public survey task Additional community engagement beyond the scoped items in the process (including digital advert1sement. intercept surveys. additional surveys/workshops/open houses/pop-up events). Additional public meetings beyond the scoped 1tems in the process (including attending City Council meetings. public hearings, hearing examiner meetings, public open houses. and local association meetings). City project team meetings beyond those listed Add !tional design alternative drafts or renderings other than those listed . Preparation of construction documents . Preparation of special studies outside our scope of work . In tensive research and testing to determine conditions of existing site utilities (i.e .. potholing, smoke testing, dye testi ng, pressure testing, fire flow testing, v ideotaping, etc.). Utility Relocati on Plans Supplemental surveying services Appeal. Design Exceptio n. and Alternative Review applications . SeMces related to future faciliti es and improvements . Design of water capture/re-use systems. pump stations. sump pumps. or force mains for sanitary sewer or storm drainage systems, if required. Design of systems to comply w1th or obtain LEED certification. including preparation of LEED documentation and addressing review comments from the USGBC. Design for areas outside of the limits noted in the RFQ . Value Engineering. lf lhe MIG Team is needed to assist with VE and/or bid negotiations, it is available o n a Time and Materials basis. Project Scope Assumptions: • CLIENT: 'The City' refe rs to the C1ty of Cupertino's Lawrence Mitty project team. • • • • • • • ■ DELIVERABLES: Unless otherwise indicated. all deliverables will be provided in PDF format. Native files will be created in software selected at the consu ltant team's discretion. If the City desires printed copies or specific file formats, the MIG Team is happy to work with the City to develop a strategy t hat meets the project's budget and needs. IN-PERSON MEETINGS. Team meetings and most community engagement events are assumed to be virtual with some limited outdoor engagement events where noted. TRANSLATION: All documentation will be in English; however, as an additional service. the MIG Team can provide exhibits in other languages. CONSOL/DA TED COMMENTS: The City will provide MIG with (1) set of vetted and consolidated comments from all parties/agencies in all tasks involving review and feedback. PERMIT FEES: All permit fees and agency charges will be paid by others. if appl icab le . OFFS/TE UTIL/T/ES/STREETIPARKING DESIGN. Offslte utility or street/parking design beyond the identified park and trail area is not included in this proposal. ENVIRONMENTAL WORK: Floodplain, wetland, soil remediation or environmental work outside of what is noted is not included in this proposal. CONSTRUCT/ON TESTING + INSPECTIONS· Not included. 10 111CC 05-07-2024 111 of 266 CC 05-07-2024 111 of 266 City of Cupertino I Lawrence Mitty Master Plan & Trail BKF SBCA CORNER STONE HEXAGON Civil Engineer/ Surveyor Arborist Ph I+II ESA Work Transportation Engineer Phase and Tasks Hrs@ $225 Hrs@ $165 Hrs@ $165 Hrs@ $125 Hrs@ $110 PHASE 1: Existing Conditions & Technical Analysis Project Kick-Off Meeting 3 $675 3 $495 2 $330 2 $250 $0 $0 $690 $780 $680 $3,900 $450 $450 $4,350 Work Plan & Schedule 2 $450 8 $1,320 2 $330 2 $250 $0 $0 $0 $0 $0 $2,350 $0 $2,350 1.2 Community Engagement Initial Planning 2 $450 4 $660 3 $495 16 $2,000 8 $880 $0 $0 $0 $0 $4,485 $0 $4,485 1.3 Evaluate Existing Conditions Information 3 $675 16 $2,640 $0 2 $250 10 $1,100 $0 $2,120 $0 $0 $6,785 $4,000 $4,000 $10,785 1.4 Team Site Tour $0 6 $990 $0 6 $750 6 $660 $0 $1,060 $0 $0 $3,460 $400 $400 $3,860 1.5 Prelim. Transportation Study $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $1,500 $1,500 $1,500 1.6 Phase I ESA Update and Phase II Investigation $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $17,275 $17,275 $17,275 1.7 Acoustical Assessment for Noise Reduction 1 $225 $0 $0 $0 $0 $0 $0 $11,205 $0 $11,430 $0 $537 $11,967 1.8 Biological Resources Report 1 $225 1 $165 $0 $0 $0 $0 $18,070 $0 $0 $18,460 $0 $18,460 1.9 Tree Survey & Condition Assessment $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $11,000 $11,000 $11,000 1.10 Site Environmental Summary Report 1 $225 8 $1,320 $0 $0 $0 $0 $0 $0 $390 $1,935 $1,000 $1,000 $2,935 1.11 City Meeting: Review Phase 1 Findings 1 $225 3 $495 1 $165 1 $125 $0 $0 $690 $0 $195 $1,895 $400 $400 $2,295 1.12 Phase 1 City Coordination & Project Management $0 24 $3,960 $0 $0 $0 $0 $0 $0 $0 $3,960 $0 $1,000 $4,960 Subtotal 14 $3,150 73 $12,045 8 $1,320 29 $3,625 24 $2,640 $0 $22,630 $11,985 $1,265 $58,660 $6,250 $11,000 $17,275 $1,500 $36,025 $1,537 $96,222 PHASE 2: Community Vision Public Survey 1 $225 4 $660 2 $330 16 $2,000 20 $2,200 $0 $0 $0 $0 $5,415 $0 $5,415 Analysis of Survey Results 1 $225 2 $330 $0 6 $750 $0 $0 $0 $0 $0 $1,305 $0 $1,305 2.2 Develop Graphics & Outreach Tools $0 2 $330 $0 16 $2,000 16 $1,760 $0 $0 $0 $0 $4,090 $0 $4,090 2.3 Community Meetings (2) 4 $900 16 $2,640 $0 16 $2,000 $0 $0 $0 $0 $0 $5,540 $0 $800 $6,340 2.4 Pop-ups (2)$0 18 $2,970 $0 18 $2,250 8 $880 $0 $0 $0 $0 $6,100 $0 $800 $6,900 2.5 Synthesize Community Vision Results 2 $450 2 $330 $0 4 $500 4 $440 $0 $0 $0 $0 $1,720 $0 $1,720 Commissions & Council - Prepare Materials 2 $450 2 $330 $0 $0 8 $880 $0 $0 $0 $0 $1,660 $0 $1,660 Commissions & Council (4) - Present at Meetings 8 $1,800 10 $1,650 $0 $0 $0 $0 $0 $0 $0 $3,450 $0 $3,450 2.7 Develop Recommended Improvements and Programming 1 $225 8 $1,320 2 $330 1 $125 $0 $0 $0 $0 $0 $2,000 $0 $2,000 2.8 Phase 2 City Coordination & Project Management $0 30 $4,950 $0 $0 $0 $0 $0 $0 $0 $4,950 $0 $500 $5,450 Subtotal 19 $4,275 94 $15,510 4 $660 77 $9,625 56 $6,160 $0 $0 $0 $0 $36,230 $0 $0 $0 $0 $0 $2,100 $38,330 PHASE 3: Conceptual Design Alternatives 3.1 Develop Three Concept Alternatives & Costs 6 $1,350 12 $1,980 $0 $0 36 $3,960 $0 $0 $0 $0 $7,290 $3,000 $3,000 $10,290 3.2 Develop Graphics & Outreach Tools 1 $225 2 $330 $0 16 $2,000 16 $1,760 $0 $0 $0 $0 $4,315 $0 $4,315 3.3 Community Meetings (2): Alternatives 2 $450 16 $2,640 $0 16 $2,000 $0 $0 $0 $0 $0 $5,090 $0 $800 $5,890 3.4 Pop-ups (2)$0 18 $2,970 $0 18 $2,250 8 $880 $0 $0 $0 $0 $6,100 $0 $800 $6,900 3.5 Analysis of Community Input 1 $225 2 $330 $0 6 $750 12 $1,320 $0 $0 $0 $0 $2,625 $0 $2,625 Commissions & City Council - Prepare Materials 2 $450 2 $330 $0 $0 8 $880 $0 $0 $0 $0 $1,660 $0 $1,660 Commissions & Council (3) - Present at Meetings 6 $1,350 8 $1,320 $0 $0 $0 $0 $0 $0 $0 $2,670 $0 $2,670 3.7 Develop Preferred Conceptual Design Plan 2 $450 6 $990 $0 $0 16 $1,760 $0 $0 $0 $0 $3,200 $1,000 $1,000 $4,200 3.8 Phase 3 City Coordination & Project Management $0 30 $4,950 $0 $0 $0 $0 $0 $0 $0 $4,950 $0 $500 $5,450 Subtotal 20 $4,500 96 $15,840 0 $0 56 $7,000 96 $10,560 $0 $0 $0 $0 $37,900 $4,000 $0 $0 $0 $4,000 $2,100 $44,000 PHASE 4: Draft & Final Master Plan 4.1 Develop Draft Master Plan Report 4 $900 24 $3,960 6 $990 $0 24 $2,640 $4,000 $0 $0 $0 $12,490 $800 $800 $13,290 Develop Graphics for Community & Commissions $0 2 $330 $0 4 $500 16 $1,760 $0 $0 $0 $0 $2,590 $0 $2,590 Community Meeting(1) : Draft Master Plan $0 4 $660 $0 4 $500 4 $440 $0 $0 $0 $0 $1,600 $0 $1,600 4.3 Commissions & City Council (4): Draft Master Plan 8 $1,800 10 $1,650 $0 $0 $0 $0 $0 $0 $0 $3,450 $0 $3,450 4.4 Finalize Master Plan 4 $900 24 $3,960 6 $990 $0 24 $2,640 $1,000 $0 $0 $0 $9,490 $0 $800 $10,290 4.5 Cost Estimate & Implementation/Phasing Timeline 2 $450 8 $1,320 $0 $0 8 $880 $0 $0 $0 $0 $2,650 $600 $600 $3,250 4.6 Present Final Master Plan to City Council for Acceptance 4 $900 $0 $0 $0 $0 $0 $0 $0 $0 $900 $0 $900 4.7 Phase 4 City Coordination & Project Management $0 30 $4,950 $0 $0 $0 $0 $0 $0 $0 $4,950 $0 $500 $5,450 Subtotal 22 $4,950 102 $16,830 12 $1,980 8 $1,000 76 $8,360 $5,000 $0 $0 $0 $38,120 $1,400 $0 $0 $0 $1,400 $1,300 $40,820 e s t i m a t e d p r o j e c t c o s t MIG, Inc.Subconsultants Professional Fees Totals Steve Lang Jan Eiesland Cindy Mendoza Myrna Ortiz Direct CostsMIG Totals Sub Totals Principal-in- Charge/ Landscape Architect CEQA TEAM NOISE AssessmentBIOLOGY ReportProject Manager/ Landscape Architect Landscape Designer Project Associate GRAPHICS (Master Plan Report) Planner/ Master Plan Advisor Community Outreach Specialist (Simplified for clarity, hourly assumptions available) 1.1 2.1 2.6 3.6 4.2 MIG, Inc.City of Cupertino - Lawrence Mitty Master Plan Fee Proposal 112CC 05-07-2024 112 of 266 CC 05-07-2024 112 of 266 City of Cupertino I Lawrence Mitty Master Plan & Trail BKF SBCA CORNER STONE HEXAGON Civil Engineer/ Surveyor Arborist Ph I+II ESA Work Transportation Engineer Phase and Tasks Hrs@ $225 Hrs@ $165 Hrs@ $165 Hrs@ $125 Hrs@ $110 e s t i m a t e d p r o j e c t c o s t MIG, Inc.Subconsultants Professional Fees Totals Steve Lang Jan Eiesland Cindy Mendoza Myrna Ortiz Direct CostsMIG Totals Sub Totals Principal-in- Charge/ Landscape Architect CEQA TEAM NOISE AssessmentBIOLOGY ReportProject Manager/ Landscape Architect Landscape Designer Project Associate GRAPHICS (Master Plan Report) Planner/ Master Plan Advisor Community Outreach Specialist (Simplified for clarity, hourly assumptions available) PHASE 5: CEQA 5.1 Prepare Administrative Draft Initial Study 1 $225 $0 $0 $0 $0 $0 $0 $0 $31,015 $31,240 $5,000 $5,000 $700 $36,940 5.2 Prepare Public Draft Initial Study/Mitigated Negative Declaration 2 $450 $0 $0 $0 $0 $0 $0 $0 $6,525 $6,975 $0 $6,975 5.3 Prepare Final IS/MND, MMRP, and Notice of Determination 1 $225 $0 $0 $0 $0 $0 $0 $0 $8,020 $8,245 $0 $1,742 $9,987 5.4 Attend Public Meetings/Hearings $0 $0 $0 $0 $0 $0 $0 $0 $6,390 $6,390 $0 $6,390 5.5 Phase 5 City Coordination & Project Management $0 $0 $0 $0 $0 $0 $0 $0 $10,800 $10,800 $0 $500 $11,300 Subtotal 4 $900 0 $0 0 $0 0 $0 0 $0 $0 $0 $0 $62,750 $63,650 $0 $0 $0 $5,000 $5,000 $2,942 $71,592 79 $17,775 365 $60,225 24 $3,960 170 $21,250 252 $27,720 $5,000 $22,630 $11,985 $64,015 $234,560 $11,650 $11,000 $17,275 $6,500 $46,425 $9,979 $290,964 5% Markup (Direct Costs/Administrative)$2,321 $499 $2,820 $293,784 Optional Tasks Use of Maptionnaire for Survey $3,980 Site Survey by BKF (if need arises, Cost TBD by scope)TBD Additional Environmental Expertise (if need arises, Cost TBD by scope)TBD Optional Tasks Subtotal TBD TOTAL PROJECT COSTS SUBTOTAL MIG, Inc.City of Cupertino - Lawrence Mitty Master Plan Fee Proposal I I I I 113CC 05-07-2024 113 of 266 CC 05-07-2024 113 of 266 Project Schedule-Exhibit B II m 1 2022 2023 -, . . . . -. • . . -.. Phase~: Existing Conditions and Technical Analysis 1.1 Pro iect Kick-Off MeetinQ l•I I I I Wor k Plan and Schedule • I 1.2 Community Enqaqement Initial PlanninQ • I 1.3 Evali.1ate Existfnq Conditions Information • 1.4 Team Site Tour • I 1.5 Transportat ion Study • 1.6 Pha se I ESA Uodate and Phase II lnvestiqation • 1.7 Noi s'e Analvsis Reoo rt • -1.8 BioloQical Resources Report • --1.9 Tre e Survev and Cond ition Assessment • -1.10Si te Environmental Summarv Reoort • 1.11 Citv Meetina: Rev iew Phase 1 Findinas • ' 1.12 Ph ase 1 City Coordination and Project Management I I I Phase:li2: Community Vision -.... -~ 3 2.1 Pubic Survev •• iln~ll ,eie nf """""' R1>~11 II~ 2.2 Dev elop Graohics and Outreach Tools --7 3 Communitv Meetinm: 121 l•u ll..e.Q_p -Uos 121 r -~ 7 i:; Svnthes i11> Comm11n itv Vi~inn Doe11lt5 • 2.6 Commissions and Council -Preoare Mater ials -Commiss ions and Council 141 -Present at Meet inas •••• 2.7 Dev eloo Recommended lmorovements and Proarammina •• 2.8 Pha se 2 City Coordination and Project Management I I I I Phase 3: Conceptual Design Alternatives 3.1 Develoo Three Conceot Alternat ives and Costs .. •• • 3.2 Develoo Graohics and Outreach Tools !!I It 3.3 Comm unitv Meetinos 121 : Alternative s .... 3.4 Pon -Ups (21 I: 3.5 Ana lvsis of Communitv In out • 3.6 Commissions and Citv Council -Preoare Materials I- Co mmissions and Council 131 -Present at Meet ino s • •• 3.7 Develon Preferred Concentual Desinn Plan --··~·-· 3 .8 Phase 3 Citv Coordination and Proiect Manaaement I I I I , Phase 4: Draft and Final Master Plan I 4.1 Develop Draft Master Plan Report 1••«• •• I I I ' -- 4.2 Develoo Graohics fo r Communitv and Commission s -Co rn munitv MeetinQ (11: Draft Master Plan -4.3 Co mmiss ions and Citv Council 141 : Draft Master Plan •••• c , y 4.4 Finalize Ma ster Plan ·-· l""r n ii 4.5 Cost Estimate and Impleme ntation/Phasing Timeline -· Ahn 01 al 4.6 Pre sent Final Master Plan to Citv Council for Acceotance • 4.7 Phase 4 City Coordination and Project Man agement I I I . Phase 5: CEQA I I 5.1 Preoare Administrative Draft Initial Studv -5.2 Preoare Public Draft In itial Study/M itiQated NeQa tive Dedaration . . . .. . 5.3 Pre 0are Final IS /MND MMRP and Notice of Determination • • ,1~.. r 5.4 At te nd Pub lic Meetings /Hearings 5.5 Phase 5 Citv Coordination and Proiect Manaqement I I I I I II -MIG Task -Outreach Activity • Document Deliverab le • Me eting "For clarity, only Sig ni fic ant Rev iew Meetings are Shown Ci ty of Cuper tino I Lawrence-Milly Park and Trail Master Plan 114CC 05-07-2024 114 of 266 CC 05-07-2024 114 of 266 EXHIBIT C: Hour ly Rates and Reimbursable Expenses Lawrence Mitty Park and Tra il Mast er Plan, Cupertino, CA Unless specified otherwise, 'invokes are submitted monthly showing time and charges for professional services by staff category and a separate figure for expenses. Invoices are payable upon receipt. Invoices unpaid past 30 days are subject to interest at 1-1/2% per month . MIG Inc. labor includes all overhead . Hourly rates by position are noted below: Role Principal-in-Charge Project Manager Landscape Designer Community Outreach Specialist Project Assistant Planner/Master Plan Advisor CEQA/Environmental, Principal CEQA/Environmental, Director CEQA Project Manager Senior Biologist/Senior Analyst Biologist/Noise Analyst/GIS Env. Project Associate Expenses are as follows: Type Automobile travel Meal,s Photocopy (letter and tabloid) Color copies (letter and tabloid) Commercial printing/plotting Subcontractors Other (lab tests, aerial photos, etc) $/hour $225 $165 $110 $125 $80 $165 $220 $195 $145 $150 $115 $195 Rate current IRS ra te cost+ 5% $0.10/print $0.50/print cost+ 5% cost + 5% cost+ 5% 115CC 05-07-2024 115 of 266 CC 05-07-2024 115 of 266 EXBJBITD Insurance Requirements Design Professionals & Consultants Contract: Consultant shall procure prior to commencement of Services and maintain for the duration of the contract, at -its own cost and expense, the following insurance policies and coverage with companies doing business in Califomja and acceptable to City. INSURANCE POLICIES AND MINIMUMS REQUIRED 1. Commercial General Liability (CGL) for bodily injury property damage, personal inju1y liability for premises operations, products and completed operations, contractual liability and personal and advertising injw-y with limits no less than $2,000,000 per occurrence (ISO Fmm CG 00 01). If a general aggregate limit applies either the general aggregate limit shall apply separately to this project/location (ISO Fmm CG 25 03 or 25 04) or it sball be twice the required occurrence limit. a It shall be a requirement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional r nsured and shall be (i) the minimum coverage/limits specified in this agreement; or (ii) the broader coverage and maximum limits of coverage of any insurance policy , whichever is greater. b Additional Insured coverage under Consultant's policy shall be "primary and non-contributory," will not seek contribution from City 's insurance/self-insurance , and shall be at least as broad as TSO Fatm CG 20 10 (04/13). c. The limits of insurance required may be satisfied by a combination of primary and umbrella or e cess 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 LiabilitJ: ISO CA 00 01 covering any auto (including owned, hired , and non-owned autos) with limits no less than 1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: As required by the State of California , with Statutory Limits and Employer's Liabil ity Insurance ofno less than $1,000,000 per occurrence for bodily injury or disease. J Not reqidred. Consultant has provided written verification of no employees. 4. Professional Liability for professional acts 1 errors and omissions as appropriate to Consultant's profession , with limits no less than $2,000,000 per occwTence or $2,0 00,000 aggregate . lf written on a claims made form: a The Retroactive Date must be shown and must be before the Effective Date of the Contract. h insurance must be maintained for at least five (5) years after completion of the Services. c. If coverage is canceled or non-renewed and not replaced with another claims-made policy form with a Retroactive Date prior to the Contract Effective Date the Consultant must purchase "extended reporting'' coverage for a minimum of five (5) year after comp letion of the Services. OTHER INSURANCE PROVISIO S The aforementioned insurance shall be endorsed and hav e all the following conditions and provisions: Exh. D-fnsurance Req uirem ents for Design Professionals & Consultants Co ntracts Form Updated Sept . 2019 1 116CC 05-07-2024 116 of 266 CC 05-07-2024 116 of 266 Additional Insured Status The City of Cupertino its City Council, officers officials, employees, agents, servants and volunteers ("Additional lnsureds'') are to be covered as additional insureds on Consultant's COL and automobile liability policies. General Liability coverage can be provided in the form of an endorsement to Consultant s insurance (at least a broad as ISO Form CG 20 IO ( 11/ 85) or both CG 20 l O and CG 20 37 forms , if later editions are used). Primary Coverage Coverage afforded to City/Additional Insureds shall be primary insurance. Any insurance or self-insuranc maintained by City its officers , officials, employees, or volunteers shall be excess of Consu ltant's insuranc and shaJl not contribute to it. Notice of Cancellation Each insurance policy shall state that coverage shall not be canceled or allowed to expire e cept with written notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums. Waiver of Subrogation Consultant waives any right to subrogation against City/Additional lnsureds for recovery of damages to the extent said losses are covered by the insurance policies required herein. Specifically the Workers Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Consultant, its employees, agents and subconsultants. This provision applies regardless of whether or not the City ha s received a waiver of subrogatioh endorsement from the insurer. Deductibles a,u/ Self-Insured Retentions Any deductible or self-insured retention must be declared to and approved by the City. At City s option, either: the insurer rnust reduce or eliminate the deductible or self-insured retentions as respects the City/Additional Insureds· or Consultant must show proof of ability to pay losses and costs rel ated investigations claim administration and defense expenses. The policy shall provide or be endorsed to provide , that the self-insured retention may be satisfied by either the insured or the City. Acceptabillty of Insurers Insurers must be licensed to do business in California with an A.M. Best Rating of A-VII, or better. Verification of Coverage Consultant must furnish acceptable insurance celiificates and mandatory endorsements ( or copies of the policies effecting the coverage required by this Contract), and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements prior to commencement of the Contract. City retains the right to demand verification of compliance at any time during the Contract term. Subconsu/Umts Consu ltan t shall require and verify that all subconsultants maintain insurance that meet the reqt1irements of this Contract including naming the City as an additional insured on subconsultant s insurance policies . Higlter l11surance Limits ff Consultant maintains broader coverage and/or higher limits than the minimums shown above, City shall be entitled to coverage for the higher insurance limits maintained by Consultant. Adequacy of Coverage City reserves the right to modify these insurance requirements/coverage based on the nature of the risk. prior experience, insmer or other special c,ircumstances, with not less than ninet y (90) days prior written notice. £\h. D-f11sura11ce Requirements for Design Professionals & Cons 111Ia111s Contracts Form Upda ted Sept. 20/9 2 117CC 05-07-2024 117 of 266 CC 05-07-2024 117 of 266 ACORD@ CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDD/YYYY) L,------11/22/2021 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($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER . IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed . If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ~~~CT The Certfiicate Team AssuredPartners Design Professionals Insurance Services, LLC PHONE I~~ Nol: 3697 Mt. Diablo Blvd Suite 230 iii.Jr"'" r_.\, Lafayette CA 94549 ~t1D1:~ss, CertsDesionPro®AssuredPartners.com INSURERISl AF FORDING COVERAGE NAIC# I 1~~n~o/;· "'"""7"~ INSURER A , Berkley Insurance Company 32603 INSURED MIGINC0-01 INSURER B : Travelers Prooertv Casualtv Comoanv of America 25674 MIG, Inc. INSURER c : The Travelers lndemnitv Company of Connecticut 25682 Moore lacofano Goltsman, Inc. 800 Hearst Ave INSURER 0 : Berkeley CA 94710 INSURER E : INSURERF: COVERAGES CERTIFICATE NUMBER: 1383047023 REV ISION NUMBER: 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, EXCL USIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POUCYEFF POLICY EX!? LTR TYPE OF INSURANCE ,ucn l =m POLICY NUMBER IMM/0D/YYYY\ IMM/DDIYYYYl LIMITS B X COMMERCIAL GENERAL LIABILITY y y 6801 H899998 8/31/2021 8/31/2022 EACH OCCURRENCE S 1,000 ,000 f--D CLAIMS-MADE 0 OCCUR DAMAuc. TO "t:N I cu f--PREMISES IEa ocrur,enoe.l S 1,000 ,000 X Contraau.al Liab MED EXP (Anv one person\ S 10.000 f-- f-- tnctuded PERSONAL II ADV INJURY $1 ,000 ,000 GEN'L AGGREGATE' LIMIT APPLIES PER GENERAL AGGREGATE $2,000 ,000 Fl POLICY 0 ~f& 0LOC PRODUCTS -COMP/OP AGG $2,000,000 OTHER : $ C AUTOMOBILE LIABILITY y y BAOS579947 8/31 /2021 813'112022 fig~~b~~~irlNGLE LIMIT S 1,000 ,000 f-- X ANY AUTO BODILY INJURY (Per person) $ f--OWNED -SCHEDULED BODILY INJURY (Per accident) S -AUTOS ONLY -AUTOS X HIRED X NON-,OWNEO Fif..?~&:;~~1~AMAGE s -AUTOS ONLY -AUTOS ONLY $ B X UMBRELLA LIAB MOCCUR y V CUPOH758762 8/3 1/2021 8/31/2022 EACH OCCURRENCE $10.000 .000 - EXCESSUAB CLAIMS-MADE AGGREGATE $1 0,000 ,000 OED I X I RETENTION 5 n $ B WORKERS COMPENSATION y UB2L553909 8/31/2021 8/31/2022 X I ~-ffTUTE I I OTH- ER AND EMPLOYERS' LIABILITY YIN ANVPROPRIETORIPARTNERIEXECUTIVE □ NIA E.L EACH ACC10ENT $1,000 ,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NHI E.L DISEASE -EA EMPLOYEE $1,000 ,000 If ~es . describe under D SCRIPTION OF OPERATIONS below E.L DISEASE -POLICY LIMIT $1,000,000 A Professional Uabiltty N y AEC904725003 8131/2021 8/31/2022 Each Claim $3 ,000,000 Annual A9Qreg,ita $5,000 ,000 DESCRJPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101 , Additrona l Remarks Schedule , may be al!achod II more space is required) Umbrella Liability policy is a follow-form underlying General Liability/Auto Liabllity/Emptoyers Liability. Re : Lawrence Mitty Park and Traff Master Plan The City of Cupertino1 its City Council , officers , officials, employees , agents, servants and volunteers are named as an additional i nsured as respects general liability and. auto liability as required per written contract or ag.reemenL General Liability is Primary/Non-Contributory per policy form wording. Insurance coverage includes waiver of subrogation per the attached endorsement(s). CERTIFICATE HOLDER CANCELLATION 30 Days Notice of Cancellation SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS . City of Cupertino 10300 Torre Avenue AU~RESENTATI.: Cupertino CA 95014 -- I © 1988-2015 ACORD CORPORATION. All rights reserved . ACORD 25 {2016/03) The ACORD name and logo are registered marks of ACORD 118CC 05-07-2024 118 of 266 CC 05-07-2024 118 of 266 COMMERC IAL GENERAL LIABILITY POLICY NUMBER: 6801H899998 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS-COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part for "bodily injury" or "property damage" included in the "products- completed operations hazard", provided that such contract was signed and executed by you before, and is in effect when, the bodily injury or property damage occurs. Location And Description Of Completed Operations Any project to which an applicable contract described in the Name of Additional Insured Person(s) or Organization(s) section of this Schedule applies. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II -Who Is An Insured is amended to in- clude as an additional insured the p erson(s) or or- ganization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional in- sured and included in the "products-completed opera- tions hazard''. CG 20 37 07 04 CG T802XXXX © ISO Properties, Inc., 2004 Page 1 of 1 nt. Ti:; r'IC: IQC:::I 11::• 08/31/2021 119CC 05-07-2024 119 of 266 CC 05-07-2024 119 of 266 COMMERCIAL GENERAL LIABILllY POLICY NUMBER 6801 H899998 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following : COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Names of Additional Insured Person(s) or Organization(s}: Any person or organization that you agree in a written contract ta include as an additional insured on this Coverage Part , provided that such written contract was signed by you before, and is in effect when , the "bodily injury" or "property damage" occurs or the "personal injury " or "advertising injury" offense is committed . Location of Covered Operations: Any project to which a written contract with the Additional Insured Person(s} or Organ ization(s) in tne Schedule applies. (Informati on required to complete this Schedule , if 11ot shown above, will be shown in the Declarations.) (>... Section II -Who Is An Insured is amended to in- clude as an additional insured the person(s) or organization(s) shown in the Schedule, but on l'y with respect to liability for "bodily injury", "property damage", "personal injury" or "advertising injury" caused , in whole or in part , by: 1. Your acts or omissions ; or 2 . The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above . B. With respect to the insurance afforded to these additional insureds , the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or ''property damage" occurring, or "personal injury" or ''advertising injury" arising out of an offense committed, after: 1. All work, including materials, parts or equip- ment furnished in connection with such work , on the project (other than service , mainte- nance or repairs) to be performed by or on behalf of the additional insured(s) at the loca- tion of the covered operations has been com- pleted ; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontrac- tor engaged in performing operations for a principal as a part of the same project. CG D3 61 03 05 Copyright 2005 The St. Paul Travelers Companies , Inc. All rights reserved. Page 1 of 1 CG T8 01 XX XX Includes copyrighted material of Insu rance Services Office , Inc . with its permission . DATE OF ISSUE : 08/3112021 120CC 05-07-2024 120 of 266 CC 05-07-2024 120 of 266 Policy # 6801 H899998 COMMERCIAL GENERAL LIABILITY c. Method Of Sharing If all of the other insurance permits cor1tr lbution by equal shares , we will follow this method also . Under this approach each insurer con t ributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains , whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits . Under this method , each insurers share is based on the ratio of its appllcable limit of insurance to the total applicable limits of insurance of all insurers. d. Primary And Non-Contributory Insurance If Required By Written Contract If you specifically agree in a written contract or agreement that the insurance afforded to an insured under this Coverage Part must apply on a primary basis , or a primary and non- contributory basis. this insurance is primary to other insurance that ls available to such insured which covers such insured as a named insured , and we will nol share with that other insurance, provided that: (1) The ''bod ily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal and advertising injury'' for which coverage is sought is caused by an offense that is comm itted ; subsequent to th e sign ing of that contract or agreement by you. 5. Premium Audit a. We will compute all prem iums for this Coverage Part in accordance with our rules and rates . b. Premium shown in th is Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned prem ium for that period and send not ice to the first Named Insured . The due da te for aud~ and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid fo r the policy period is greater than the earned premium , we will return the excess to t he first Named Insured . c. The first Named Insured must keep records of the information we ne ed for premium c omputation . and send us copies at s uch ti mes as we may reques t. 6. Representations By accepting this policy, you agree : a . The statements in the Declaration s are accurate and complete : b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. The unintentional omission of, or unintentional error in , any information provided by you which we relied upon in issuing this policy w ill not prejud ice your rights under this Insurance . However, this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or non renewal in accordance with applicable insurance laws or reautations . 7. Separation Of Insureds Except with respect to the Limits of Insurance , and any rights or duties specifically ass ig ned in this Cowrage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the on ly Named Insured ; and b. Separately to each insured aga inst whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against O1hers To Us If the insured nas rights to recover all or part of any payment we have made under this Coverage Part 1 those r igh ts are transferred to us . The insured must do nothing after loss t o impa ir them. At our request , the insured will bring "suit'' or transfer those rights to us and help us enforce them. 9. When We Do Not Renew Iv we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expirat ion date. If notic e is mai led , proof of mailing will be sufficient proof of notice. SECTION V -DEFINITIONS 1. "Advertisement" means a noti ce th at is broadcast or published to the general public or specific market segments about your goods , products or services f or the purpose of attracting customers or supporters. For the purposes ofthis definition : a. No tic es th at are published include materia l placed on the In ternet or on sim ila r electronic means of communication; and b. Regarding websites, only that pa rt of a websi te thal is about your goods , products or services for the purposes of attracting customers or supporters is considered an advertisement. Page 16 of21 © 2017 The T ravelers Indemnity Cornpany . Ali rights re served . CG T 00 0219 Includes copyrighted materia l ct Insurance Services Office . Inc . with its permission . 121CC 05-07-2024 121 of 266 CC 05-07-2024 121 of 266 Policy# 6801H899998 occupational therapist or occupational therapy assistant, physical therapist or speech-language pathologist; or (b} First aid or "Go od Samaritan services" by any of your "em ployees" or "volunteer workers", other than an employed or volunteer doctor. Any such "employees" or "volunteer workers" providing or failing to provide first aid or "Good Samaritan seNices" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your business . 3. The following replaces the last sentence of Paragraph 5. of SECTION Ill -LIMITS OF INSURANCE : For the purposes of determining the applicable Each Occurrence Limit, all related acts or omissions committed in providing or failing to provide ''incidental medical services", first aid or "Good Samaritan services" to any one person will be deemed to be one "occurrence". 4. The following exclusion is added to Paragraph 2., Exclusions , of SECTION I - COVERAGES -COVERAGE A -BOOIL Y INJURY AND PROPERTY DAMAGE LIABILITY : Sale Of Pharmaceuticals "Bodily injury" or "property damage" arising out of the violation of a penal statute or ordinance relating to the sale of pharmaceuticals committed by, or with the knowledge or consent of the insured . 5. The following is added to the DEFINITIONS Sect ion : "Incidental medical services" means: a. Medical, surgical, dental, laboratory , x- ray or nursing service or treatment , advice or instruction , or the related furnishing of food or beverages; or b. The furnishing or dispensing of drugs or medical , dental , or surgical supplies or appliances . 6. The following is added to Paragraph 4.b., Excess Insurance , of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS : This insurance is excess over any valid and collectible other insurance, whether primary , excess , contingent or on any other basis , COMMERCIAL GENERAL LIABILITY that is available to any of your "employees" for "bodily injury" that arises out of providing or fail ing to provide "incidental medical services" to any person to the extent not subject to Paragraph 2.a.(1) of Section II - Who Is An Insured. K. MEDICAL PAYMENTS-INCREASED LIMIT The following replaces Paragraph 7. of SECTION Ill -LIMITS OF INSURANCE: 7. Subject to Paragraph 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person , and will be the higher of: a. $10,000 ; or b. The amount shown in the Declarations of this Coverage Part for Medical Expense Limit. L. AMENDMENT OF EXCESS INSURANCE CONDITION -PROFESSIONAL LIABILITY The following is added to Paragraph 4.b., Excess Insurance , of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS : This insurance is excess over any of the other in surance , whether primary, excess , contingent or on any other basis , that is Professional Liability or similar coverage , to the extent the loss is not subject to the professional services exclusion of Coverage A or Coverage B. M. BLANKET WAIVER OF SUBROGATION - WHEN REQUIRED BY WRITTEN CONTRACT OR AGREEMENT The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS : If the insured has agreed in a written contract or agreement to waive that insured's right of recovery against any person or organization , we waive our right of recovery against such person or organization , but only for payments we make because of: a. "Bodily injury " or "property damage" that occurs ; or b. "Personal and advertising injury" caused by an offense that is committed ; subsequent to the signing of that contract or agreement . CG D3 79 0219 © 2017 The, Travelers Indemn it y Company . All ri__ghts reserved . Page 5 of6 Includes copyrighted material of Insurance Services Offi ce , Inc , With its permission . 122CC 05-07-2024 122 of 266 CC 05-07-2024 122 of 266 Policy : BA0S579947 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endo rsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FOR M The following is added to Paragraph c . in A .1 ., Who Is An In sured, of SECTION II -COVERED AUTOS LIABILITY COVERAGE in the BUSINESS AUTO COVERAGE FORM a nd Paragraph e. in A.1., Who Is An Insured, of SECTION II -COVERED AUTOS LIABILITY COVERAGE in the MOTOR CARRIER COVERAGE FORM , whichever Coverage Form is part of your policy: This includes· any person or organization who you are required under a written contract or agreement between you and t hat person or organization, that is signed by you before the "bod ily injury" or ''property da mage" occurs and that is in effect during the policy period, t o name as an additiona l insured for Covered Autos Li ability Coverage, but only for damages t o which t his insurance applies and on ly to the extent of that pe r son's or organization's liability for the conduct of anothe r "insured". CAT4370216 © 2016 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Includes copyrighted ma terial of Insurance Services Office, !he. with its permission. 123CC 05-07-2024 123 of 266 CC 05-07-2024 123 of 266 Policy#: BA0S579947 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED -PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE This endorsement modifies in surance provided under the following : BUSINESS AUTO COVERAGE FORM PROVISIONS 1. The following is added to Paragraph A 1.c., Who Is An Insured, of SECTION II -COVERED AUTOS LIABILITY COVERAGE : This includes any person or organizat ion who you are required under a written contract or agreement between you and that person or organ ization . that is signed by you before the ''b odily injury'' or "property damage" occurs and that is in effect during the policy period, to name as an additional insured for Covered Autos Liability Coverage, but on ly for damages to which this insurance applies and only to the extent of that person 's or organization's liabTiity for the conduct of another ''insured". 2. The following is added to Paragraph B.5 ., Other Insurance of SECTION IV -BUSINESS AUTO CONDITIONS : Regardless of the provisions of paragraph a. and paragraph d. of this part S. Other Insurance, this insurance is primary to and non-contributory with applicable other insurance under which an additional insured person or organization is the first named insured when the written contract or agreement between you and that person or organization , that is signed by you before the "bodily Injury'' ot "property damage'' occurs and that is in effect during the policy per iod , requires this insurance to be primary and non-contributory, CA T4 74 0216 ©2016 The Travelers Indemnity Company llright!tresef\led , In cludes copyrighted material of Insu rance Sef\lfces Olfioe, Inc. With Its permfss1on . 124CC 05-07-2024 124 of 266 CC 05-07-2024 124 of 266 Policy # BA0S579947 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARR IE R COVERAGE FORM The followi ng replaces Paragraph A.5., Transfer of Rights Of Recovery Against Others To Us, of the C ONDITIONS Section: 5. Transfer Of Rights Of Recovery Against Oth - ers T o Us We waive any r ight of recovery we tnay have against any person or organization to the extent required of you by a written contract executed prior to any "accident" or "loss", provided that the ''accident" or "loss" arises out of the operations contemplated by such contract. Th e wa iver ap - plies only to the person or organization desig- nated in such contract. CA T3 40 02 15 @2015 T he Travelers l ndernnity Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insura nce Services Office, Inc. wi th its permission. 125CC 05-07-2024 125 of 266 CC 05-07-2024 125 of 266 ~ TRAVELERSJ WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 ( A) - POLICY NUMBER; UB2L553909 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA (BLANKET WAIVER) 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 . The additional premium for this endorsement shall be % of the California workers' compensation pre- mium . Schedule Person or Organization Job Description Any Person or organization for which the insured has agreed by written contract executed prior to loss to furnish this waiver. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated . (The information below is required only when this endorsement is issued subsequent to preparation of the policy .) ll'!surance Compan Travele~ Property Casually Company of America DATE OF ISSUE: 1112212021 Page 1 of 1 126CC 05-07-2024 126 of 266 CC 05-07-2024 126 of 266 SIGNED_MIG for Completion of the Lawrence- Mitty Park and Trail Master Plan Final Audit Report 2021-12-10 Created : 2021-12-09 By: Julia Kinst Gullak@cupertino .org) Status: Signed Transaction ID: CBJCHBCAABAAR6Xfzh4HEGO82rG31 HaD5pFnhjwo4_5 11 SIGNED_MIG for Completion of the Lawrence-Mitty Park and T rail Master Plan" History ~ Document created by Julia Kinst Uuliak@cupertino.org) 2021-12-09 -6:44:20 PM GMT-IP address: 64.165.34.3 0'0 Document approved by Julia Kinst Uuliak@cupertino.org) Approval Date: 2021-12-09 -6:46:26 PM GMT -Time Source: server-IP address : 64.165.34.3 ~ Document emailed to Araceli Alejandre (a racel ia@cupertino .org) for approval 2021-12-0 9 • 6:46:37 PM GMT 0'o Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2021-12-09 • 11 :46:38 PM GMT -Time Source : server-IP address: 64.165.34.3 C Document emailed to Christopher D. Jensen (christopherj@cupertino.org) for signature 2021-12-09 -11 :46 :40 PM GMT ~ Email viewed by Christopher D. Jensen (christopherj@cupertino.org) 2021-12-10 -0:10:03 AM GMT-IP address: 172.225.89.120 0'0 Document e-signed by Christopher D. Jensen (christopherj@cupertino.org) Signa ture Date: 2021-12-10 -1 :44 :16 AM GMT -Time Source: server-IP address: 136.24.42.212 D.. Document emailed to Dianne Thompson (she/her) (diannet@cupertino.org) for signature 2021-12-10-1:44 :19 AM GMT 'El Email viewed by Dianne Thompson (she/her) (diannet@cupertino .org) 2021-12-10 -3:22 :41 AM GMT-IP address: 104.28.123.182 0o Document e-signed by Dianne Thompson (she/her) {diannet@cupertino.org) Signature Date : 2021-12-10 -3:26 :12 AM GMT -Time Source: server-IP address : 99.179.16.200 II I • IE•<E Adobe Si gn CV l"i ~INQ 127CC 05-07-2024 127 of 266 CC 05-07-2024 127 of 266 C! Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature 2021-12-10 -3:26 :14 AM GMT ~ Email viewed by Kirsten Squarcia (kirstens@cupertino.org) 2021-12-10 - 4 :33 :36 AM GMT-IP address : 104.28.124.182 6o Document e-signed by Ki rsten Squarcia (kirstens@cupertino.org) Signature Date: 2021 -12-10 -4:33 :47 AM GMT -Time Sou rce: server-IP address : 69 .11 0.137 .176 0 Agreement completed. 2021-12-10-4 :33 :47 AM GMT fl c:v run-1 Ho 128CC 05-07-2024 128 of 266 CC 05-07-2024 128 of 266 Draft 5th Amendment MIG for Lawrence Mitty Park and Trail Final Audit Report Created : By : Status: TransacHon ID : 2024-04-03 Jindy Gonzalez Qindyg@cupertino.org) Signed CBJCHBCAABAAy9prq2TQosGcc5195Ov1ZUnaep4ytGQq 2024-04-04 "Draft 5th Amendment MIG for Lawrence Mitty Park and Trail" Hi story 'El Document created by J indy Gonzalez (jindyg@cupertino .org) 2024 -04-03 -11:23:15 PM GMT ~ Document emailed to Chris Beynon (chrisb@migcom.com) for signature 2024-04-03 -11:26 :1 5 PM GMT 'El Email viewed by Chris Bey non (chrisb@migcom.com) 2024-04-03 -11 :54 :41 PM GMT &0 Document e-signed by Chris Beynon (chrisb@migcom .com ) Signature Date: 2024-04-04 -8 :42:20 PM GMT - T ime Source : server 0 Agreement completed. 2024-04-04 -8 :4 2:20 PM GMT a C',,lll"lftTINO I Powered by Adobe Acrobat Sign 129CC 05-07-2024 129 of 266 CC 05-07-2024 129 of 266 ---------------------------------------- 130CC 05-07-2024 130 of 266 CC 05-07-2024 130 of 266 CITY COUNCIL STAFF REPORT DESK ITEM Meeting: April 16, 2024 Agenda Item #9 Subject Approve a Fifth Amendment with Moore Iacofano Goltsman, Inc. (MIG) to provide additional design and project management services for the Lawrence-Mitty Park and Trail Project for a total not-to-exceed amount of $955,403 and extend the contract date to December 31, 2027. Recommended Action Authorize the City Manager to execute a fifth amendment (Agreement #402, P.O. 2022-0325) with MIG to extend the contract term end date to December 31, 2027, and to provide additional design and project management services on the Lawrence-Mitty Park and Trail Project, for a revised total and additional service amount of $661,619, increasing the maximum compensation amount to $955,403. Background Some pages in Attachment A needed to be re-scanned. Resubmitting for clarity. Q1: Did the contract include payment for meals plus 5%? (Chao) Staff response: The previously executed agreement allows for reimbursement of expenses, including meals. Consultants submit their receipts when expenses are invoiced, and the reimbursable expenses typically include a percentage mark-up. MIG has not submitted any invoices for meals for this project. Q1A: Did other contracts of the City also include payment for meals? (Chao) Staff response: Other City contracts allow for reimbursement of project-related expenses. Q2: It is not clear from the staff report why there is a need to increase the contingency from 10% to 20%. Please provide rationale. (Chao) Staff response: Staff reviews each project for the potential of unanticipated expenses. In this case, the complexity of the design and environmental work due to the project proximity to a waterway increases the likelihood of unanticipated expenses. It is noted in the staff report: “A 131CC 05-07-2024 131 of 266 CC 05-07-2024 131 of 266 20% contingency, rather than typical 10% contingency, is recommended to allow the Project team to address and respond to unknown issues that may be encountered during the extensive environmental review process.” Other projects, such as the DeAnza Bike Lanes involves a simplified scope and minimal opportunity for increased costs. Q3: It is not clear from reading the staff report why there is a need to increase the contract amount. Please provide explanation. (Chao) Staff response: There are two distinct needs for the contract. The first is an additional $15,000 to complete the current scope and finish CEQA documentation. This is a major project milestone. The second need allows for the continued design of the project. The original agreement includes public outreach, environmental clearance, and design services through the end of Conceptual Design. This contract amendment augments the original agreement to include services for preparation of construction design documents, including acquisition of all of the necessary permitting, and construction support through the completion of the project. Q4: MIG has been paid $341,819 to date, which included extensive community outreach and developing conceptual designs. The requested additional amount is $613,584, for "design and project management" for the next phase, not including construction, which is almost twice the amount paid so far. Why the cost for the next design phase is much higher? (Chao) Staff response: The original agreement covered the design phase up to Conceptual Design and was projected to last one year (Exhibits A and B on pages 86-99 of Attachment A- Draft contract – Updated). The remainder of the project is estimated to require three years of work and will include Schematic Design, Design Development, Construction Documentation, environmental permitting, and approval, and bid and construction administration. As stated in the staff report, Design and Engineering costs typically fall within 15% to 20% of the overall project cost. The project budget that remains (after acquisition and annexation of the property) is roughly $6M. 15% - 20% of $6M is $900,000 to $1.2M. The proposed contract amendment would bring the maximum compensation to this consultant to $955,403, in alignment with anticipated design costs. Q5: The cost matrix in the contract attachment is cut off due to the page size, can we have a replacement” Staff Response: An updated draft Contract is provided. Attachments Provided with Original Staff Report: A. Draft Contract - Updated 132CC 05-07-2024 132 of 266 CC 05-07-2024 132 of 266 CITY OF CUPERTINO Agenda Item 23-12651 Agenda Date: 5/7/2024 Agenda #: 5. Subject: Approval of April 16, 2024 City Council minutes Approve the April 16, 2024 City Council minutes CITY OF CUPERTINO Printed on 5/1/2024Page 1 of 1 powered by Legistar™133CC 05-07-2024 133 of 266 CC 05-07-2024 133 of 266 DRAFT MINUTES CUPERTINO CITY COUNCIL Tuesday, April 16, 2024 At 6:45 p.m., Mayor Sheila Mohan called the Regular City Council Meeting to order and led the Pledge of Allegiance in the Cupertino Community Hall Council Chamber, 10350 Torre Avenue and via teleconference. ROLL CALL Present: Mayor Sheila Mohan, Vice Mayor J.R. Fruen, and Councilmembers Liang Chao, Kitty Moore, and Hung Wei. Absent: none. CLOSED SESSION REPORT – None CEREMONIAL ITEMS 1. Subject: Recognition of National Volunteer Week, April 21-27, 2024 Recommended Action: Recognize April 21-27, 2024 as National Volunteer Week Mayor Mohan recognized April 21-27, 2024 as National Volunteer Week. POSTPONEMENTS AND ORDERS OF THE DAY 2. Subject: Fiscal Year 2024-25 Fee Schedule Recommended Action: Continue the item to May 7, 2024 MOTION: Mohan moved and Wei seconded to continue the Fiscal Year 2024-25 Fee Schedule item to May 7, 2024. The motion carried with the following vote: Ayes: Mohan, Fruen, Chao, Moore, and Wei. Noes: None. Abstain: None. Absent: None. ORAL COMMUNICATIONS Written communications for this item included an email to Council. The following members of the public spoke: 134CC 05-07-2024 134 of 266 CC 05-07-2024 134 of 266 City Council Minutes April 16, 2024 Page 2 Brooke Ezzat discussed Council actions and City project studies. Donna Austin discussed resident communication and decorum. Jennifer Griffin discussed housing bills and the California Coastal Commission. Rhoda Fry discussed the City’s budget and banking. San R discussed City outreach and incidents of panhandling. Councilmembers requested the following information from staff:  Informational memo on City funds in a non-interest bearing account.  Update on incidents of panhandling. CONSENT CALENDAR (Items 3-10) Items 6, 7, and 9 were pulled from the Consent Calendar by Councilmember Chao. MOTION: Moore moved and Wei seconded to hear items 6 and 7 before the Action Calendar. The motion carried with the following vote: Ayes: Mohan, Fruen, Chao, Moore, and Wei. Noes: None. Abstain: None. Absent: None. Mayor Mohan opened the public comment period and the following members of the public spoke. Rhoda Fry (Item 4) Mayor Mohan closed the public comment period. MOTION: Fruen moved and Wei seconded to approve the items on the Consent Calendar except as indicated. The motion carried with the following vote: Ayes: Mohan, Fruen, Chao, Moore, and Wei. Noes: None. Abstain: None. Absent: None. Items 6 and 7 were moved after the Consent Calendar for consideration. Item 9 was placed after the Action Calendar for consideration per rule. 3. Subject: Approval of April 3, 2024 City Council minutes Recommended Action: Approve the April 3, 2024 City Council minutes 4. Subject: Ratifying Accounts Payable for the periods ending March 1, 2024; March 8, 2024; March 15, 2024; March 22, 2024; and March 29, 2024 Recommended Action: A. Adopt Resolution No. 24-031 ratifying Accounts Payable for the Period ending March 1, 2024; 135CC 05-07-2024 135 of 266 CC 05-07-2024 135 of 266 City Council Minutes April 16, 2024 Page 3 B. Adopt Resolution No. 24-032 ratifying Accounts Payable for the Period ending March 8, 2024; C. Adopt Resolution No. 24-033 ratifying Accounts Payable for the Period ending March 15, 2024; D. Adopt Resolution No. 24-034 ratifying Accounts Payable for the Period ending March 22, 2024; and E. Adopt Resolution No. 24-035 ratifying Accounts Payable for the Period ending March 29, 2024 Written communications for this item included a supplemental report with staff responses to councilmember questions and an email to Council. 5. Subject: Adoption of Ordinance No. 24-2257, Regulating the Sale of Tobacco Products Recommended Action: Conduct the second reading and enact Ordinance No. 24-2257, entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CHAPTER 5.50 OF TITLE 5 (BUSINESS LICENSES AND REGULATIONS) TO REGULATE THE SALE OF TOBACCO PRODUCTS” 8. Subject: Award a construction contract for the De Anza Boulevard Buffered Bike Lanes Project (Project) in the amount of $529,680 and approve a budget modification in the amount of $5,533. Recommended Action: 1. Award a construction contract for the De Anza Boulevard Buffered Bike Lanes Project (Budget Unit 420-99-262) in the amount of $529,680 to Chrisp Company; 2. Authorize the City Manager to execute the contract when all conditions have been met; and 3. Adopt Resolution No. 24-036 approving budget modification #2324-237, approving an appropriation of $5,533 in the Capital Improvement Fund (420) and a transfer of $5,533 from the Capital Reserve Fund (429) to the project (budget unit 420-99-262 900-905) for a total authorized project expenditure of $529,680. 10. Subject: Fiscal Year (FY) 2024-25 recommended funding allocations for the Community Development Block Grant (CDBG) Program and Below Market Rate Affordable Housing Fund (BMR AHF) Recommended Action: Authorize the City Manager to execute the FY 2024-25 Housing & Human Services Grant Programs funding agreements. PUBLIC HEARINGS – None ITEMS REMOVED FROM THE CONSENT CALENDAR 136CC 05-07-2024 136 of 266 CC 05-07-2024 136 of 266 City Council Minutes April 16, 2024 Page 4 6. Subject: Adoption of Ordinance No. 24-2258, Amendment to a Development Agreement for the Cupertino Village Boutique Hotel Project from five to eight years and associated environmental review. (Application No(s): DA-2023-002; Applicant(s): KIMCO (Sunil Plaha); Location: 10801 and 10805 N. Wolfe Rd.; APN: 316 45 017, 316 05 056) Recommended Action: Conduct the second reading and enact Ordinance No. 24-2258: “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING AN AMENDMENT TO A DEVELOPMENT AGREEMENT FOR THE CUPERTINO VILLAGE BOUTIQUE HOTEL" Written communications for this item included an email to Council. This item was pulled from the Consent Calendar for discussion and combined with Item 7 for consideration. 7. Subject: Adoption of Ordinance No. 24-2259, Amendment to a Development Agreement for the De Anza Hotel Project from five to eight years and associated environmental review. (Application No(s): DA-2023-003; Applicant(s): De Anza Properties (John Vidovich); Location: 10931 N De Anza Blvd.; APN: 326-10-061) Recommended Action: Conduct the second reading and enact Ordinance No. 24-2259: “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING AN AMENDMENT TO A DEVELOPMENT AGREEMENT FOR THE DE ANZA HOTEL PROJECT" Written communications for this item included an email to Council. This item was pulled from the Consent Calendar for discussion and combined with Item 6 for consideration. Councilmembers disclosed any ex parte communications prior to deliberation. Councilmembers asked questions and made comments. Mayor Mohan opened the public comment period for Items 6 and 7 and the following members of the public spoke. Jennifer Griffin Jean Bedord Rhoda Fry Mayor Mohan closed the public comment period for Items 6 and 7. 137CC 05-07-2024 137 of 266 CC 05-07-2024 137 of 266 City Council Minutes April 16, 2024 Page 5 MOTION: Chao moved and Moore seconded the staff recommendations for Items 6 and 7 to: 1. Conduct the second reading and enact Ordinance No. 24-2258: “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING AN AMENDMENT TO A DEVELOPMENT AGREEMENT FOR THE CUPERTINO VILLAGE BOUTIQUE HOTEL"; and 2. Conduct the second reading and enact Ordinance No. 24-2259: “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING AN AMENDMENT TO A DEVELOPMENT AGREEMENT FOR THE DE ANZA HOTEL PROJECT." The motion carried with the following vote: Ayes: Mohan, Fruen, Chao, Moore, and Wei. Noes: None. Abstain: None. Absent: None. ACTION CALENDAR 11. Subject: Potential service-level reductions for the FY 2024-25 Proposed and Final Budgets Recommended Action: Provide confirmation on potential service-level reductions for the FY 2024-25 Proposed and Final Budgets Presenters: Kristina Alfaro, Director of Administrative Services and Thomas Leung, Budget Manager Written communications for this item included a staff presentation, a supplemental report and a desk item with staff responses to councilmember questions, Attachment B - Service- Level Reductions Staff Report 1.17.2024, Attachment C - Potential Service-Level Reductions Summary 1.17.2024, and emails to Council. Director of Administrative Services Kristina Alfaro and Budget Manager Thomas Leung gave a presentation. Councilmembers asked questions and made comments. Mayor Mohan opened the public comment period and the following members of the public spoke. Jennifer Griffin Rhoda Fry San R Mayor Mohan closed the public comment period. 138CC 05-07-2024 138 of 266 CC 05-07-2024 138 of 266 City Council Minutes April 16, 2024 Page 6 MOTION: Moore moved and Chao seconded the staff recommendation to provide confirmation on potential service-level reductions for the FY 2024-25 Proposed and Final Budgets, with a modification that the budget for Internal Audit be retained at the current funding level of $100,000, and staff look for a potential funding source from the City Manager Discretionary Fund. Council did not vote on this motion. SUBSTITUTE MOTION: Wei moved and Fruen seconded a substitute motion for the staff recommendation to provide confirmation on potential service-level reductions for the FY 2024-25 Proposed and Final Budgets. The substitute motion carried with the following vote: Ayes: Mohan, Fruen, Chao, Moore, and Wei. Noes: None. Abstain: None. Absent: None. STUDY SESSION 12. Subject: Study Session and staff presentation on the 6th Cycle Housing Element Update Recommended Action: Receive the staff presentation on the 6th Cycle Housing Element Update Presenter: Luke Connolly, Assistant Director of Community Development Written communications for this item included a staff presentation, a supplemental report with staff responses to councilmember questions, and emails to Council. Assistant Director of Community Development Luke Connolly gave a presentation. Councilmembers asked questions and made comments. Mayor Mohan opened the public comment period and the following members of the public spoke. Greg Endom, representing Marina Plaza Shopping Center Jennifer Griffin Jean Bedord San R Rhoda Fry Louise Saadati Mayor Mohan closed the public comment period. Council received the staff presentation on the 6th Cycle Housing Element Update. 139CC 05-07-2024 139 of 266 CC 05-07-2024 139 of 266 City Council Minutes April 16, 2024 Page 7 ITEMS REMOVED FROM THE CONSENT CALENDAR - CONTINUED 9. Subject: Approve a fifth amendment with Moore Iacofano Goltsman, Inc. (MIG) to provide additional design and project management services for the Lawrence-Mitty Park and Trail Project for a total not-to-exceed amount of $955,403 and extend the contract date to December 31, 2027. Recommended Action: Authorize the City Manager to execute a fifth amendment (Agreement #402, P.O 2022-0325) with MIG to extend the contract term end date to December 31, 2027, and to provide additional design and project management services on the Lawrence-Mitty Park and Trail Project, for a revised total and additional service amount of $661,619, increasing the maximum compensation amount to $955,403. Written communications for this item included a supplemental report and a desk item with staff responses to councilmember questions, Attachment A - Updated Draft Contract, and emails to Council. This item was pulled from the Consent Calendar for discussion and then continued to the May 7, 2024 City Council meeting. CITY MANAGER REPORT Council did not hear this item. ORAL COMMUNICATIONS - CONTINUED - None COUNCILMEMBER REPORTS 13. Subject: Councilmember Reports Councilmembers reported on their various committees and activities as provided in the published agenda. FUTURE AGENDA ITEMS Council did not hear this item. RECESS At 9:56 p.m., Mayor Mohan recessed the meeting. At 10:04 p.m. Mayor Mohan reconvened the meeting in City Hall Conference Room C, 10300 Torre Avenue. 140CC 05-07-2024 140 of 266 CC 05-07-2024 140 of 266 City Council Minutes April 16, 2024 Page 8 ROLL CALL Present: Mayor Sheila Mohan, Vice Mayor J.R. Fruen, and Councilmembers Liang Chao, Kitty Moore, and Hung Wei. Absent: none. CLOSED SESSION In open session prior to closed session, Mayor Mohan opened the public comment period regarding any item on the agenda. No members of the public requested to speak, and Mayor Mohan closed the public comment period. 14. Subject: Conference with legal counsel - existing litigation pursuant to Government Code § 54956.9 (Lewis & Tibbits, Inc. v. City of Cupertino, Santa Clara County Superior Court Case No. 23CV423990) Council met with legal counsel on the existing litigation (Lewis & Tibbits, Inc. v. City of Cupertino, Santa Clara County Superior Court Case No. 23CV423990). OPEN SESSION REPORT REGARDING CLOSED SESSION City Attorney Jensen conducted the open session report regarding closed session. City Attorney Jensen reported that the City Council voted to approve a settlement to the claimant Lewis & Tibbits, Inc. in the amount of $45,000 to resolve all claims. ADJOURNMENT At 10:19 p.m., Mayor Mohan adjourned the Regular City Council Meeting. Minutes prepared by: _________________________ Kirsten Squarcia, City Clerk 141CC 05-07-2024 141 of 266 CC 05-07-2024 141 of 266 CITY OF CUPERTINO Agenda Item 24-12963 Agenda Date: 5/7/2024 Agenda #: 6. Subject:Setting a hearing date of June 18, 2024 to declare brush with potential fire hazard a public nuisance and for objections to proposed removal through the Cupertino Brush Abatement Program (Wildland-Urban Interface Fire Area); and adopting a resolution declaring properties as having potential fire hazards from brush and authorizing removal Adopt Resolution No 24-037 declaring properties as having potential fire hazards from brush; and set a hearing date of June 18, 2024 to declare brush with potential fire hazard a public nuisance and to hear objections to proposed removal CITY OF CUPERTINO Printed on 5/1/2024Page 1 of 1 powered by Legistar™142CC 05-07-2024 142 of 266 CC 05-07-2024 142 of 266 1 CITY COUNCIL STAFF REPORT Meeting: May 7, 2024 Subject Setting a hearing date of June 18, 2024 to declare brush with potential fire hazard a public nuisance and for objections to proposed removal through the Cupertino Brush Abatement Program (Wildland-Urban Interface Fire Area); and adopting a resolution declaring properties as having potential fire hazards from brush and authorizing removal. Recommended Action Adopt Resolution No 24-___ declaring properties as having potential fire hazards from brush; and set a hearing date of June 18, 2024 to declare brush with potential fire hazard a public nuisance and to hear objections to proposed removal. Reasons for Recommendation The Cupertino Brush Abatement Program is a separate program from the County Weed Abatement Program that works to protect the City from wildfire risk by reducing potential fuel, such as brush, for hillside areas. This program is managed by the Santa Clara County Fire Department. Cupertino Municipal Code Section 16.40.200 requires property owners in the locally adopted Wildland-Urban Interface Fire Area (WUI) to maintain effective defensible space by removing brush, flammable vegetation and combustible growth when required by the fire code official due to steepness of terrain or other conditions. All properties in the WUI area are subject to the requirements of the Brush Abatement Program (Attachment F). The Program authorizes the County to remove the brush if the property owner does not and to recover the cost of abatement. Each year, homeowners are reminded that they must remove brush and vegetation from around their home to comply with the minimum fire safe regulations. On February 22, 2024, County Fire mailed a community wildfire preparedness packet to residents, including the enforced safety regulations (Attachments B-E). Fire crews begin conducting property inspections in early April of each year. A notice of inspection is delivered to homes in advance (Attachment G). Properties that are found to be out of compliance with the enforced safety regulations are issued a notice of violation requesting corrections (Attachment H). All properties must comply before June 1. After 143CC 05-07-2024 143 of 266 CC 05-07-2024 143 of 266 2 June 1, non-compliant properties are referred for mandatory abatement by an assigned County contractor. The costs associated with the abatement work for that parcel are placed on the homeowner’s property tax bill. To proceed with the annual brush abatement process, staff recommends adopting the draft resolution declaring properties as having potential fire hazards from brush; and setting a hearing date of June 18, 2024 to declare brush with potential fire hazard a public nuisance and to hear objections to proposed removal (Attachment A). If the resolution is not adopted, the County Fire will be unable to authorize abatement work performed by a contractor on properties that are not in compliance with the vegetation clearance requirements. Sustainability Impact There are no sustainability impacts. Fiscal Impact There are no fiscal impacts at this step in the process. Any costs associated with the program are charged to property owners, as determined at the lien assessment hearing in July. The City Council holds the hearing, considers any disputes, and adopts a resolution placing a lien assessment on the properties to allow the County to recover the cost of weed and/or brush abatement. California Environmental Quality Act Weed abatement activities are exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15304 (minor alteration to land). _____________________________________ Prepared by: Kirsten Squarcia, City Clerk Reviewed by: Pamela Wu, City Manager Attachments: A - Draft Resolution B – Property owner 30’ WUI Letter C - Property owner 100’ WUI Letter D – Wildfire Preparedness Flyer E - Chipping Program Flyer F – Cupertino WUI Map G - Notice of Inspection H - Notice of Violation 144CC 05-07-2024 144 of 266 CC 05-07-2024 144 of 266 RESOLUTION NO. 24- A RESOLUTION OF THE CUPERTINO CITY COUNCIL DECLARING PROPERTIES AS HAVING POTENTIAL FIRE HAZARDS FROM BRUSH AND SETTING A PUBLIC HEARING TO DECLARE A PUBLIC NUISANCE AND FOR OBJECTIONS TO PROPOSED REMOVAL WHEREAS, brush is growing in the City of Cupertino upon certain streets, sidewalks, highways, roads and private property; and WHEREAS, said brush may attain such growth as to become a fire menace or which are otherwise noxious or dangerous; and WHEREAS, said brush appears to be a public nuisance; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino does hereby declare: 1. That said brush does now appear to be a public nuisance and potential fire hazard; 2. That said condition and potential fire hazard exists upon all of the streets, sidewalks, highways, roads, and private property more particularly described by common names or by reference to the tract, block, lot, code area, and parcel number on the report to be provided by the Santa Clara County Fire Department; 3. That the 18th day of June, 2024, at the hour of 6:45 p.m., or as soon thereafter as the matter can be heard, in the Council Chamber in the Community Hall, City of Cupertino and via teleconference, with details on how to attend the meeting appearing on the City Council agenda for that date, are hereby set as the time and place to determine whether the condition is a public nuisance and where all property owners having any objections to the proposed removal of such brush may be heard; 4. That the Santa Clara County Fire Marshal is hereby designated and ordered as the person to give notice of the adoption of this resolution in the manner and form provided in Section 16.40.200 of the Cupertino Municipal Code. 145CC 05-07-2024 145 of 266 CC 05-07-2024 145 of 266 Resolution No. 24- Page 2 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 7th day of May, 2024, by the following vote: AYES: NOES: ABSENT: ABSTAIN: SIGNED: ________ Sheila Mohan, Mayor City of Cupertino ________________________ Date ATTEST: ________ Kirsten Squarcia, City Clerk ________________________ Date 146CC 05-07-2024 146 of 266 CC 05-07-2024 146 of 266 Dear Property Owner, National Wildfire Community Preparedness Day will take place on Saturday, May 4th. Take action to protect your home and community against the threat of wildfire by attending one of several upcoming community wildfire preparedness workshops. Please see the enclosed flyer for more information and register today. As a property owner in a designated Fire Hazard Severity Zone of the Wildland Urban Interface, you must comply with the minimum fire-safe regulations. Self-inspections are a key component in achieving fire resilience for residents and the community. Included in this packet is a property self-inspection card. Please complete this card and return by mail or online using the provided QR code. Your property is in a High/Moderate Fire Hazard Severity Zone of the Wildland Urban Interface Area and requires 30 feet of defensible space from all structures. Defensible space is the necessary buffer created around a structure when combustible vegetation is removed or reduced. The enforced safety regulations for your property include: Enforced Safety Regulations (Items A - F) A. Create 30 feet of defensible space around your home. To accomplish this, you must clear flammable vegetation a minimum of 30 feet around structures. B. Remove pine needles, leaves, and other dead vegetation from roofs, eaves and rain gutters. C. Trim tree limbs 10 feet from chimneys and stove pipes; remove dead limbs that hang over rooftops. D. Remove all non-fire-resistive vegetation a minimum of 10 feet on each side of a fire apparatus access road or driveway. E. Cover chimney outlets or flues with a 1/2” mesh spark arrester. F. Post a clearly visible house address, using at least 4” high numbers, for easy identification. For homes located more than 50 feet from the street, post address numbers at the driveway entrance. Additional Safety Recommendations • Create and maintain a 5-foot noncombustible zone around all structures, including decks. • Clear 10 feet around and 15 feet above fuels (e.g., woodpiles, lumber, and scrap). Move woodpiles as far away as possible from all structures. • Clear vegetation and other combustible material from underneath decks. Enclose elevated decks with fire-resistive materials. • Trees 18 feet or taller should be limbed up 6 feet from the ground. Provide additional vertical clearance when trees have vegetation beneath them. February 22, 2024 RE: <<Property Address>> / APN: <<APN>> SANTA CLARA COUNTY FIRE DEPARTMENT ATTN: FIRE PREVENTION DIVISION 1315 DELL AVENUE CAMPBELL, CA 95008-6609 <<Owner Name>> <<Owner Address>> <<Owner City>>, <<Owner State>> <<Owner ZIP Code>> <<Endorsement Line>> <<Owner Name>> <<Owner Address>> <<Owner City>>, <<Owner State>> <<Owner ZIP Code>> FFFFFFFFFFFFFFFFFFFF PLACE STAMP HERE CUPERTINO 30' 147CC 05-07-2024 147 of 266 CC 05-07-2024 147 of 266 Owner Responsibilities: 1. Please ensure that your property satisfies the listed requirements. You have the option to complete the required work yourself or hire a contractor. For information about vegetation abatement services, visit WeedAbatement.SCCgov.org or call 408.282.3145. 2. Please either complete and return the attached property self-inspection card OR scan the QR Code below to report the current status of your property before April 1, 2024. Inspection Schedule: On April 1, 2024, SCCFD will begin conducting property inspections. Property owners not in compliance will be notified of what work needs to be completed to comply with the Enforced Safety Regulations. Please contact us if you are unable to complete the required work due to late season rains or other special circumstance. On June 1, 2024, we will begin conducting re-inspections of the properties that were out of compliance at the time of the first property inspection. If your property fails to comply with Items A, B, C, or D of the Enforced Safety Regulations specified above, the compliance work will be completed by the City of Cupertino’s authorized contractor, and the charges for this service will appear on your next property tax bill. If you have concerns regarding the safety compliance of your property, courtesy property inspections will be available April 1st through April 12th. To schedule a courtesy property inspection provided by SCCFD or for more information, please contact the Fire Prevention Division at prevention@sccfd.org or call 408.341.4420. Sincerely, Hector R. Estrada, Deputy Chief Fire Prevention Division Choose ONE: 1. Scan the QR code below with a smartphone camera to submit your response online OR 2. Complete and mail the attached information card below. Evacuation Zone ID: Private Access Key:Or Online: qrs.ly/syej73x <<ZoneID>> <<AccessKey>> Option 1 - Respond Online I have received the annual Wildland Urban Interface (WUI) Enforced Safety Regulations letter related to flammable vegetation abatement. The current status of my property is as follows (choose one): □□ I have inspected my property for flammable vegetation clearance and believe it complies with the Enforced Safety Regulations. I understand that an inspection of my property may be conducted to verify compliance. □□ I will remove flammable vegetation around all structures on my property in accordance with the Enforced Safety Regulations no later than June 1, 2024. I understand that if the required work is not completed, the authorized contractor may complete the work and the charges will appear on my next property tax bill. □□ I am no longer the owner of this property. □□ There are no structures on this property. Name (print clearly): ____________________________________________________ Date: _________________ Phone: (______)____________________ Email: __________________________________________________ Property Address: <<Property Address>> Option 2 - Respond by Mail Resources and Information California Department of Insurance: www.insurance.ca.gov • 800.927.4357 Provides information about all types of insurance, including insurance coverage and limits for high fire risk areas Santa Clara County FireSafe Council: www.SCCFireSafe.org • 408.975.9591 Protects and educates communities at risk from wildfire through fuel reduction programs, outreach and community planning efforts Santa Clara County Weed Abatement Program: WeedAbatement.SCCgov.org • 408.282.3145 Provides community education and hazard abatement services to protect communities from fire hazards AlertSCC Emergency Alerts Genasys Protect: Know Your Zone AlertSCC.org Protect.Genasys.com Visit protect.genasys.com to view/verify your Evacuation ZONE# 148CC 05-07-2024 148 of 266 CC 05-07-2024 148 of 266 Dear Property Owner, National Wildfire Community Preparedness Day will take place on Saturday, May 4th. Take action to protect your home and community against the threat of wildfire by attending one of several upcoming community wildfire preparedness workshops. Please see the enclosed flyer for more information and register today. As a property owner in a designated Fire Hazard Severity Zone of the Wildland Urban Interface, you must comply with the minimum fire-safe regulations. Self-inspections are a key component in achieving fire resilience for residents and the community. Included in this packet is a property self-inspection card. Please complete this card and return by mail or online using the provided QR code. Your property is in a Very High Fire Hazard Severity Zone of the Wildland Urban Interface Area and requires 100 feet of defensible space from all structures. Defensible space is the necessary buffer created around a structure when combustible vegetation is removed or reduced. The enforced safety regulations for your property include: Enforced Safety Regulations (Items A - F) A. Create 100 feet of defensible space around your home. To accomplish this, you must clear flammable vegetation a minimum of 30 feet around structures. Additionally, create a reduced fuel zone for the remaining 70 feet (or to the property line). B. Remove pine needles, leaves, and other dead vegetation from roofs, eaves and rain gutters. C. Trim tree limbs 10 feet from chimneys and stove pipes; remove dead limbs that hang over rooftops. D. Remove all non-fire-resistive vegetation a minimum of 10 feet on each side of a fire apparatus access road or driveway. E. Cover chimney outlets or flues with a 1/2” mesh spark arrester. F. Post a clearly visible house address, using at least 4” high numbers, for easy identification. For homes located more than 50 feet from the street, post address numbers at the driveway entrance. Additional Safety Recommendations • Create and maintain a 5-foot noncombustible zone around all structures, including decks. • Clear 10 feet around and 15 feet above fuels (e.g., woodpiles, lumber, and scrap). Move woodpiles as far away as possible from all structures. • Clear vegetation and other combustible material from underneath decks. Enclose elevated decks with fire-resistive materials. • Trees 18 feet or taller should be limbed up 6 feet from the ground. Provide additional vertical clearance when trees have vegetation beneath them. February 22, 2024 RE: <<Property Address>> / APN: <<APN>> SANTA CLARA COUNTY FIRE DEPARTMENT ATTN: FIRE PREVENTION DIVISION 1315 DELL AVENUE CAMPBELL, CA 95008-6609 <<Owner Name>> <<Owner Address>> <<Owner City>>, <<Owner State>> <<Owner ZIP Code>> <<Endorsement Line>> <<Owner Name>> <<Owner Address>> <<Owner City>>, <<Owner State>> <<Owner ZIP Code>> FFFFFFFFFFFFFFFFFFFF PLACE STAMP HERE CUPERTINO 100' 149CC 05-07-2024 149 of 266 CC 05-07-2024 149 of 266 Owner Responsibilities: 1. Please ensure that your property satisfies the listed requirements. You have the option to complete the required work yourself or hire a contractor. For information about vegetation abatement services, visit WeedAbatement.SCCgov.org or call 408.282.3145. 2. Please either complete and return the attached property self-inspection card OR scan the QR Code below to report the current status of your property before April 1, 2024. Inspection Schedule: On April 1, 2024, SCCFD will begin conducting property inspections. Property owners not in compliance will be notified of what work needs to be completed to comply with the Enforced Safety Regulations. Please contact us if you are unable to complete the required work due to late season rains or other special circumstance. On June 1, 2024, we will begin conducting re-inspections of the properties that were out of compliance at the time of the first property inspection. If your property fails to comply with Items A, B, C, or D of the Enforced Safety Regulations specified above, the compliance work will be completed by the City of Cupertino’s authorized contractor, and the charges for this service will appear on your next property tax bill. If you have concerns regarding the safety compliance of your property, courtesy property inspections will be available April 1st through April 12th. To schedule a courtesy property inspection provided by SCCFD or for more information, please contact the Fire Prevention Division at prevention@sccfd.org or call 408.341.4420. Sincerely, Hector R. Estrada, Deputy Chief Fire Prevention Division Choose ONE: 1. Scan the QR code below with a smartphone camera to submit your response online OR 2. Complete and mail the attached information card below. Evacuation Zone ID: Private Access Key:Or Online: qrs.ly/syej73x <<ZoneID>> <<AccessKey>> Option 1 - Respond Online I have received the annual Wildland Urban Interface (WUI) Enforced Safety Regulations letter related to flammable vegetation abatement. The current status of my property is as follows (choose one): □□ I have inspected my property for flammable vegetation clearance and believe it complies with the Enforced Safety Regulations. I understand that an inspection of my property may be conducted to verify compliance. □□ I will remove flammable vegetation around all structures on my property in accordance with the Enforced Safety Regulations no later than June 1, 2024. I understand that if the required work is not completed, the authorized contractor may complete the work and the charges will appear on my next property tax bill. □□ I am no longer the owner of this property. □□ There are no structures on this property. Name (print clearly): ____________________________________________________ Date: _________________ Phone: (______)____________________ Email: __________________________________________________ Property Address: <<Property Address>> Option 2 - Respond by Mail Resources and Information California Department of Insurance: www.insurance.ca.gov • 800.927.4357 Provides information about all types of insurance, including insurance coverage and limits for high fire risk areas Santa Clara County FireSafe Council: www.SCCFireSafe.org • 408.975.9591 Protects and educates communities at risk from wildfire through fuel reduction programs, outreach and community planning efforts Santa Clara County Weed Abatement Program: WeedAbatement.SCCgov.org • 408.282.3145 Provides community education and hazard abatement services to protect communities from fire hazards AlertSCC Emergency Alerts Genasys Protect: Know Your Zone AlertSCC.org Protect.Genasys.com Visit protect.genasys.com to view/verify your Evacuation ZONE# 150CC 05-07-2024 150 of 266 CC 05-07-2024 150 of 266 REGISTER TODAY! SCCFD.EVENTBRITE.COM SCAN FOR MORE INFO PARTICIPATING AGENCIES: 2024 WORKSHOPS READY, SET, GO EVACUATION PLANNING AND READINESS BUYING, SELLING AND INSURING A HOME IN THE WILDLAND URBAN INTERFACE (WUI) DATE WORKSHOP LOCATION TIME Proudly serving Campbell, Cupertino, Los Altos, Los Altos Hills, Los Gatos, Monte Sereno, Saratoga and the surrounding unicorporated communities. • Making your home and property more fire resilient • Developing a wildfire action plan • How to respond to extreme fire conditions • Emergency notification systems LOS GATOS/MONTE SERENO ADDISON-PENZAK JEWISH COMMUNITY CENTER AUDITORIUM APRIL30 TUESDAY 6:00 TO 8:00 PM LEXINGTON BASIN/SUMMIT PAVILION @ REDWOOD ESTATESMAY4 SATURDAY MAY 8 WEDNESDAY MAY 14 TUESDAY LOS ALTOS HILLS LOS ALTOS HILLS TOWN HALL SARATOGA/CUPERTINO JOAN PISANI COMMUNITY CENTER • Know the escape routes from your neighborhood • Understand evacuation terminology • Monitor conditions using trusted sources of information • What to do if you become trapped • What is CA Assembly Bill 38 • Scheduling a property inspection when selling a home in the WUI • Accessible home insurance in high-risk areas • Policy cost saving incentives • Creating a resilient California insurance market REV 12.01.23 10:00 TO 12:00 PM 6:00 TO 8:00 PM 6:00 TO 8:00 PM 14855 Oka Road, Los Gatos 21450 Madrone Drive, Los Gatos 26379 Fremont Road, Los Altos Hills 19655 Allendale Avenue, Saratoga *Each workshop will include three 30-minute sessions and Q& A 151CC 05-07-2024 151 of 266 CC 05-07-2024 151 of 266 Stay Connected Private Fire Hydrant Info Online Applications Open March 11th Applications will be accepted in the order received Space is limited, apply early CommunityCommunityChippingChippingProgramProgram FireSafe CouncilFireSafe Council The Santa Clara County FireSafe Council Chipping Program is a FREE program designed to assist residents and communities in their efforts to create and maintain adequate and safe defensible space by processing or disposing vegetative material such as brush and tree branches. Required defensible space clearing is 0-100 feet from permanent structures. Due to the varying natures of hillside neighborhoods, different types of chipping services may be necessary. Residents sign up for a scheduled chipping event to be performed at their home. Brush must be prepared in advance of scheduled chipping event & meet all specified guidelines At Home Chipping On a predesignated date, residents drive their bush to a designated location within the community & it is chipped on site Drive Up Chipping Event Neighborhood Chipping Services About The Chipping Program 14380 Saratoga Avenue, Saratoga, CA 95070 408.975.9591 • www.sccfiresafe.org Rev.1.16.24 Santa Clara CountySanta Clara County 20242024 For more information, visit: www.sccfiresafe.org 152 CC 05-07-2024 152 of 266 CC 05-07-2024 152 of 266 Private Fire Hydrant Maintenance Do you have a fire hydrant on your property? 1315 Dell Avenue, Campbell, CA 95008 www.sccfd.org • 408.378.4010 To learn more, scan or visit: Private fire hydrants, often called "wharf hydrants", supply water for residential fire protection on private property. They provide firefighters with an immediate water supply to extinguish flames and prevent the spread of fire to nearby structures or vegetation. To ensure private hydrants remain accessible and operational at all times, homeowners must perform regular inspections and annual maintenance. 153 CC 05-07-2024 153 of 266 CC 05-07-2024 153 of 266 154CC 05-07-2024 154 of 266 CC 05-07-2024 154 of 266 SCCFD Officer Name & Title (print) Santa Clara County Fire Department 408.378.4010 • prevention@sccfd.org Proudly serving Campbell, Cupertino, Los Altos, Los Altos Hills, Los Gatos, Monte Sereno, Saratoga, & unincorporated communities within Santa Clara County FIRE PREVENTION–WHITE OWNER/RESIDENT–MANILA CARDSTOCK ALL PROPERTIES WITHIN THE DESIGNATED FIRE HAZARD SEVERITY ZONES OF THE WUI MUST COMPLY WITH THE ENFORCED SAFETY REGULATIONS PRIOR TO JUNE 1st EVERY YEAR. A RE-INSPECTION WILL OCCUR ON OR AFTER 15 DAYS OF THIS INSPECTION NOTICE. IF, AT THAT TIME, THE REQUIRED CLEARANCE OF FLAMMABLE VEGETATION HAS NOT BEEN COMPLETED, A NOTICE OF VIOLATION WILL BE ISSUED TO THE PROPERTY OWNER AND REFERRED TO THE LOCAL JURISDICTION FOR CODE ENFORCEMENT. DATE:_______________________________________________ ADDRESS:___________________________________________ ___________________________________________________ APN#_______________________________________________ Property Owner and/or Community Resident: The Santa Clara County Fire Department (SCCFD) is conducting property inspections in your neighborhood. Your property is not in compliance with the enforced Wildland Urban Interface (WUI) safety regulations checked below: A.   B.  C.  D.  E.  F.  WWW.SCCFD.ORG Comments: _______________________________________ ___________________________________________________ __________________________________________________ ___________________________________________________ Create 30 feet of defensible space around your home. To accomplish this, clear all flammable vegetation a minimum of 30 feet (or to the property line) around structures. Create 100 feet of defensible space around your home. To accomplish this, create a green zone by clearing all flammable vegetation 30 feet around structures and create a reduced fuel zone for the remaining 70 feet or to your property line. Remove pine needles, leaves, and other dead vegetation from roofs, eaves and rain gutters. Trim tree limbs 10 feet from chimneys and stove pipes; remove dead limbs that hang over rooftops. Remove all non-fire resistive vegetation a minimum of 10 feet on each side of a fire apparatus access road or driveway. Cover chimney outlets or flues with a 1/2” mesh spark arrester. Post a clearly visible house address, using at least 4” high numbers, for easy identification. 155CC 05-07-2024 155 of 266 CC 05-07-2024 155 of 266 Your Efforts Help to Build Wildfire Resilient Communities! ADDITIONAL SAFETY RECOMMENDATIONS • Create and maintain a 0 to 5 feet noncombustible zone (Zone 1) around all structures, including decks. • Clear 10 feet around and 15 feet above fuels (e.g., woodpiles, lumber, scrap, etc.) Move woodpiles as far away as possible from all structures. • Clear vegetation and other combustible materials from underneath decks. Enclose elevated decks with fire-resistive materials. • Trees 18 feet or taller should be limbed up 6 feet from the ground. Provide additional vertical clearance when trees have vegetation beneath them. RESOURCES AND INFORMATION Santa Clara County Fire Department www.SCCFD.org/rsg • 408.378.4010 Offers community education and risk reduction programs, including fire safety, injury prevention, disaster and wildfire preparedness Santa Clara County FireSafe Council www.SCCFireSafe.org • 408.975.9591 Protects and educates communities at risk from wildfire through fuel reduction programs, outreach and community planning efforts Santa Clara County Weed Abatement Program WeedAbatement.SCCgov.org • 408.282.3145 Provides community education and hazard abatement services to protect communities from fire hazards www.nfpa.org/wildfire FM #1409 / Revised 2022156CC 05-07-2024 156 of 266 CC 05-07-2024 156 of 266 Dear Property Owner, Collaborative efforts are key to building fire resilient communities. As a property owner in a designated Fire Hazard Severity Zone of the Wildland Urban Interface (WUI), you play a vital role in keeping both your property and neighborhood safe by complying with the minimum fire safe regulations. Your property was recently inspected by the Santa Clara County Fire Department on <<Inspection date>>. At that time, the following items were identified to bring your property into compliance with the enforced Wildland Fire Safety Regulations. The noted corrections are listed below: <<Violations>> <<Inspector comments>> Please ensure that your property satisfies the requirements above, then contact the Fire Prevention Division of the Santa Clara County Fire Department at 408.341.4420 or email Prevention@sccfd.org to schedule a re-inspection. If your property re-inspection is not scheduled before May 15, 2023, the Santa Clara County Fire Department will conduct an independent re-inspection of your property to determine compliance status. You have the option to complete the required work yourself or hire your own contractor. For information about brush and weed abatement services, call 408.282.3145 or visit WeedAbatement.SCCgov.org. All properties must comply with the enforced Wildland Fire Safety Regulations before June 1, 2023. After June 1st, properties identified by the Fire Department as being non-compliant with the Wildland Fire Safety Regulations will be referred to your city/town for mandatory abatement. The local authority will make a declaration identifying properties with hazardous conditions and may hold a public hearing. At that time, if your property has been identified as non-compliant, you will be notified. <<Date>> RE: APN: <<APN>> / <<Property Address>> <<Owner Name>> <<Owner Address>> <<Owner City>>, <<Owner State>> <<Owner ZIP Code>> 157CC 05-07-2024 157 of 266 CC 05-07-2024 157 of 266 If you have questions about this notice, please contact the Fire Prevention Division of the Santa Clara County Fire Department at 408.341.4420 or email Prevention@sccfd.org. Thank you for your cooperation in helping to establish a fire resilient community. 158CC 05-07-2024 158 of 266 CC 05-07-2024 158 of 266 CITY OF CUPERTINO Agenda Item 24-12918 Agenda Date: 5/7/2024 Agenda #: 7. Subject: Appointment of the City of Cupertino's Bicycle Pedestrian Commission (BPC) representative,Hervé Marcy, to the Santa Clara County Valley Transportation Authority (VTA) Bicycle and Pedestrian Advisory Committee (BPAC). Appoint Hervé Marcy to the VTA BPAC for the upcoming term,beginning July 1, 2024 and ends June 30, 2026. CITY OF CUPERTINO Printed on 5/1/2024Page 1 of 1 powered by Legistar™159CC 05-07-2024 159 of 266 CC 05-07-2024 159 of 266 CITY COUNCIL STAFF REPORT Meeting: May 7, 2024 Subject Appointment of the City of Cupertino’s Bicycle Pedestrian Commission (BPC) representative, Hervé Marcy, to the Santa Clara County Valley Transportation Authority (VTA) Bicycle and Pedestrian Advisory Committee (BPAC.) Recommended Action Appoint Hervé Marcy to the VTA BPAC for the upcoming term, beginning July 1, 2024 and ends June 30, 2026. Discussion The VTA BPAC is a 16-member committee that advises VTA’s Board of Directors on planning and funding issues for bicycle and pedestrian projects within Santa Clara County (County). Committee members must live and/or work in the County during their term and cannot be staff of the VTA or a member of an agency they represent. The City has one membership position on the committee. On April 19, 2022, the City of Cupertino City Council appointed Erik Lindskog to the VTA BPAC for a two-year appointment, with a term beginning July 1, 2022, and ending June 30, 2024. The VTA requests that the City of Cupertino appoint a representative to VTA BPAC for an upcoming term, beginning July 1. The term of Cupertino’s current VTA BPAC representative, Erik Lindskog, expires on June 30. On April 17, the City’s BPC unanimously recommended that the Bike and Pedestrian Committee Chair, Hervé Marcy, be appointed to the VTA BPAC for a term beginning July 1. Sustainability Impact There are no impacts to sustainability. Fiscal Impact No fiscal impact. 160CC 05-07-2024 160 of 266 CC 05-07-2024 160 of 266 California Environmental Quality Act Not applicable. _____________________________________ Prepared by: David Stillman, Transportation Manager Reviewed by: Chad Mosley, Director of Public Works Reviewed by: Matt Morley, Assistant City Manager Approved for Submission by: Pamela Wu, City Manager 161CC 05-07-2024 161 of 266 CC 05-07-2024 161 of 266 CITY OF CUPERTINO Agenda Item 24-13037 Agenda Date: 5/7/2024 Agenda #: 8. Subject: Approve a first amendment with HF&H Consultants, LLC, to provide solid waste consultant services for a not-to-exceed amount of $430,000 and extend the contract date to August 31, 2026. 1. Authorize the City Manager to execute a first amendment with HF&H Consultants, LLC, increasing the contract amount by $80,000 for a new total not-to-exceed contract amount of $430,000, and extending the term from August 31, 2025, to August 31, 2026; 2. Approve a Budget Adjustment in the amount of $80,000 in the Resource Recovery Fund for HF&H Consultants, LLC (520-81-801 750-174); 3. Adopt Resolution No. 24-038 approving budget modification #2324-339, approving a Budget Adjustment in the amount of $80,000 in the Resource Recovery Fund for HF&H Consultants, LLC (520- 81-801 750-174). CITY OF CUPERTINO Printed on 5/1/2024Page 1 of 1 powered by Legistar™162CC 05-07-2024 162 of 266 CC 05-07-2024 162 of 266 CITY COUNCIL STAFF REPORT Meeting: May 7, 2024 Subject Approve a first amendment with HF&H Consultants, LLC, to provide solid waste consultant services for a not-to-exceed amount of $430,000 and extend the contract date to August 31, 2026. Recommended Action 1. Authorize the City Manager to execute a first amendment with HF&H Consultants, LLC, increasing the contract amount by $80,000 for a new total not- to-exceed contract amount of $430,000, and extending the term from August 31, 2025, to August 31, 2026. 2. Approve a Budget Adjustment in the amount of $80,000 in the Resource Recovery Fund for HF&H Consultants, LLC (520-81-801 750-174). 3. Adopt Resolution No. 24-xxxx approving budget modification #2324-339, approving a Budget Adjustment in the amount of $80,000 in the Resource Recovery Fund for HF&H Consultants, LLC (520-81-801 750-174). Reasons for Recommendation On July 19, 2022, City Council approved an agreement in the amount of $350,000 with HF&H. Scope in the agreement includes assisting the City in identifying and assessing post-collection options and approaches for disposal of garbage, processing garbage for recovery of recyclables, and construction and demolition (C&D) debris processing. Since the execution of the agreement, HF&H has completed the review of Recology’s proposed cost-based rate adjustment for the fourth year of the franchise agreement and a review and audit of the hauler. The City needs the support of HF&H to continue to negotiate and secure new post- collection services within the City as the task is multi-phased and multi-faceted and is expected to result in more than one negotiated agreement. Due to complexities in procurement, securing these services requires additional time and budget. The approval of this amendment to the agreement with HF&H allows the City to continue to utilize the firm’s solid waste industry expertise to support the completion of 163CC 05-07-2024 163 of 266 CC 05-07-2024 163 of 266 critical and time-sensitive solid waste projects. Therefore, staff recommends extending the contract term through August 31, 2026, and increasing the not-to-exceed amount by $80,000 for a total contract amount of $430,000. Sustainability Impact CalRecycle reports that, of the nearly 35 million tons of waste that reaches California’s landfills each year, approximately 80% could be recoverable. Though Cupertino is exceeding State mandates for waste diversion, the City’s continued efforts to accelerate zero waste targets recommended in the City’s Climate Action Plan align with Assembly Bill 32 goals and reflect those adopted by adjacent jurisdictions. Establishing a new agreement for post-collection management of waste will provide solid waste diversion that meets or exceeds State and City goals and requirements while maintaining a regionally competitive maximum rate structure for collection and disposal services. Fiscal Impact The HF&H agreement is funded by the Resource Recovery Fund (Fund 520), so there is no impact to the General Fund. Additionally, per Exhibit E1.2.E.4 in the Franchise Agreement, Recology is required to reimburse the City for rate application review costs. Rate Period Four was a cost-based review year, requiring HF&H to conduct extensive cost data collection and review for accuracy for $85,000. Recology will reimburse the City for the amount, thus offsetting this requested increase. Expenses for this agreement are budgeted under a special project account “Special Projects New Landfill Agreement/Solid Waste contract,” A budget adjustment to 520-81-801 750-174 is needed to reflect this increase as noted in Resolution 24-XXX (Attachment C). California Environmental Quality Act (CEQA) Not applicable. _____________________________________ Prepared by: Ursula Syrova, Environmental Programs and Sustainability Manager Reviewed by: Chad Mosley, Director of Public Works Reviewed by: Matt Morley, Assistant City Manager Approved for Submission by: Pamela Wu, City Manager Attachments: A - First Amendment to HF&H Master Agreement B – HF&H MSA for Solid Waste Consulting Services C – Draft Resolution 164CC 05-07-2024 164 of 266 CC 05-07-2024 164 of 266 FIRST AMENDMENT TO AGREEMENT 563 BETWEEN THE CITY OF CUPERTINO AND HF&H CONSULTANTS, LLC. FOR SOLID WASTE CONSULTING SERVICES This First Amendment to Agreement 563 is by and between the City of Cupertino, a municipal corporation (hereinafter "City") and HF&H Consultants, LLC., a Corporation (“Contractor”) whose address is 201 N. Civic Drive, Suite 230, Walnut Creek, CA 94596, and is made with reference to the following: RECITALS: A. On July 25, 2022, Agreement 563 (“Agreement”) was entered into by and between City and Contractor for Solid Waste Consulting Services. B. City and Contractor desire to modify the Agreement on the terms and conditions set forth herein. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. Paragraph 3.1 of the Agreement is modified to read as follows: Term. This Agreement begins on the Effective Date and ends on August 31, 2026 (“Contract Time”), unless terminated earlier as provided herein. Contractor’s Services shall begin on the effective date and shall be completed by August 31, 2026. 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. 2. Paragraph 4.1 of the Agreement is modified to read as follows: Maximum Compensation.City will pay Contractor for satisfactory performance of the Services an amount that will be based upon actual costs but that will be capped so as not to exceed $430,000.00 (“Contract Price”), based upon the Scope of Services in Exhibit A-1 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. No extra work or payment is permitted without the prior written approval of the City. 3. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect. SIGNATURES CONTINUE ON THE FOLLOWING PAGE IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed. 165CC 05-07-2024 165 of 266 CC 05-07-2024 165 of 266 CITY OF CUPERTINO By Title Date APPROVED AS TO FORM City Attorney ATTEST: City Clerk Date HF&H CONSULTANTS, LLC By Title Date EXPENDITURE DISTRIBUTION {--tbl--Contract Price Cost Schedule--tbl--} 166CC 05-07-2024 166 of 266 CC 05-07-2024 166 of 266 ATTACHMENT A FIRST AMENDMENT TO AGREEMENT 563 BETWEEN THE CITY OF CUPERTINO AND HF&H CONSULTANTS, LLC FOR SOLID WASTE CONSULTING SERVICES This First Amendment to Agreement 563 is by and between the City of Cupertino, a municipal corporation (hereinafter "City") and HF&H Consultants, LLC, a Corporation ("Contractor") whose address is 201 N. Civic Drive, Suite 230, Walnut Creek, CA 94596, and is made with reference to the following: RECITALS: A. On July 25, 2022, Agreement 563 ("Agreement") was entered into by and between City and Contractor for Solid Waste Consulting Services. B. City and Contractor desire to modify the Agreement on the terms and conditions set forth herein. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. Paragraph 3.1 of the Agreement is modified to read as follows: Term. This Agreement begins on the Effective Date and ends on August 31, 2026 ("Contract Time"), unless terminated earlier as provided herein. Contractor's Services shall begin on the effective date and shall be completed by August 31, 2026. 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. 2. Paragraph 4.1 of the Agreement is modified to read as follows: Maximum Compensation. City will pay Contractor for satisfactory performance of the Services an amount that will be based upon actual costs but that will be capped so as not to exceed $430,000 .00 ("Contract Price"), based upon the Scope of Services in Exhibit A-1 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. No extra work or payment is permitted without the prior written approval of the City. 3. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect. SIGNATURES CONTINUE ON THE FOLLOWING PAGE 1 Attachment B 167CC 05-07-2024 167 of 266 CC 05-07-2024 167 of 266 IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed. CITY OF CUPERTINO HF&H CONSULTANTS , LLC By ___________ _ Title ------------ Date ------------ APPROVED AS TO FORM City Attorney ATTEST: City Clerk Date ------------ EXPENDITURE DISTRIBUTION By~ Title President Date Apr 26, 2024 Item I PO Number I Original Agreement I 2023-004 I. SO #1 Solid Waste Consulting ] 2023-241 SO #2 Solid Waste Consulting I 2023-242 SO #4 Rate Disposal RFP Process I 2023-428 SO #3 Rate Year 4 Prep I 2023-288 SO #5 Performance Review I 2023-421 SO #6 Engagement management & j 2023-422 coordination PT.2 I SO 7 Billing and Fee Audit 12024-204 I SO 8 Cost Based Rate Adjustment -j 2024-205 I, SO 9 Solid Waste Consulting ---I 2024-257 -__J SO 10 Solid Waste Consulting -_j 2024-269 I_ Amendment 1 _ _J Extend Term, Increase BudgetJ' -- - _ 'Io~! ~~maining I -__ ! ____ ---- 2 Amount -- • - _J $350 ,00~ -$7 ,800 .0oj -$23 ,010.0Q] -$57,960 .0g] -$18,870.0 g] -$12 ,430.0 oj -$6 ,070 .0~ -$14 ,535 .0Q] -$85 ,085 .0~ -$45,985.00] -$34 ,119 .ool +$80 ,00 ~ $124 ,13 ~ "---- 168CC 05-07-2024 168 of 266 CC 05-07-2024 168 of 266 590 Ygnacio Valley Road, Su ite 105 Walnut Creek, California 94596 Telephone : 925/977-6950 Date: April 22, 2024 EXHIBIT A-1 MEMORANDUM Managing Tomorrow's Resources Today Northern California Southern California www.hfh-consultants.com To: Ursula Syrova, Environmental Programs and Sustainability Manager, City of Cupertino From: Peter Deibler, Senior Manager, HF&H Subject: Hourly Rates for Extended Term of Master Services Agreement The following hourly rates shall be effective beginning September 1, 2025. Specific hourly rates for the four core team members are : Rob Hilton -$335, Peter Deibler -$315, Danielle Derby -$225, and Alison Griffith -$225. Ranges by Position : Executive $320 -$335 Senior Project Manager $305 -$315 Project Manager $260 -$270 Senior Associate $225 -$240 Associate Analyst $175 -$185 Assistant Analyst $150 -$165 Administrative Staff $125 -$135 169CC 05-07-2024 169 of 266 CC 05-07-2024 169 of 266 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 09/05/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Ashley Mack NAME: Newfront Insurance Services, LLC rA~~N,_t C,A\, (415) 754-3635 I FAX IA/C Nol: 450 Sansome Street f~lJ~ss: ashley.mack@newfront.com Suite 300 INSURER(Sl AFFORDING COVERAGE NAIC# San Francisco CA 94111 INSURER A: Citizens Insurance Company of America 31534 INSURED INSURERB: Hartford Casualty Insurance Company 29424 HF&H Consultants, LLC INSURERC: Gemini Insurance Company 10833 INSURERD: 590 Ygnacio Valley Rd . Suite 105 INSURERE: Walnut Creek CA 94596 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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. INSR TYPE OF INSURANCE ADDL SUBR POLICYEFF POLICY EXP LIMITS LTR ,.,., ... ,,.,., ... POLICY NUMBER IMM/ODNYYYI IMM/DDNYYYI X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 -~ CLAIMS-MADE [g] OCCUR DAMAGE TO RENTED PREMISES /Ea occurrence I $ 1,000,000 f-- MED EXP (Any one person) $ 10,000 -09/06/2024 A X X OBF-D681476-06 09/06/2023 PERSONAL & ADV INJURY $ f-- GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 ~ □PRO-DLoc PRODUCTS -COMP/OP AGG $ 3,000,000 POLICY JECT OTHER : $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ INCLUDED /Ea accident\ -ANY AUTO BODILY INJURY (Per person) $ --OWNED SCHEDULED A OBF-D681476-06 09/06/2023 09/06/2024 BODILY INJURY (Per accident) $ -AUTOS ONLY AUTOS X HIRED X NON-OWNED fp1!,?~~c';;i~RAMAGE $ AUTOS ONLY AUTOS ONLY $ X UMBRELLA LIAB ~ OCCUR EACH OCCURRENCE $ 3,000,000 A EXCESSLIAB CLAIMS-MADE X X OBF-D681476-06 09/06/2023 09/06/2024 AGGREGATE $ 3,000,000 OED I I RETENTION $ $ WORKERS COMPENSATION X I ~ffruTE I I OTH- AND EMPLOYERS' LIABILITY ER Y/N B ANYPROPRIETOR/PARTNER/EXECUTIVE □ N/A X 57 WEC ZR5765 09/06/2023 09/06/2024 E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $ 1,000,000 ~~it~;3tft3~ ~/gPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 Professional Liability Aggregate 2,000,000 C VNPL013999 09/06/2023 09/06/2024 Each Loss Ded 10,000 Each Claim 2,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of Cupertino, its City Council, officers, officials , employees, agents, servants and volunteers is included as an additional insured as required by a written contract with respect to General Liability. Coverage is Primary and Non-Contributory. Waiver of subrogation applies in favor of the certificate holder with respect to General Liability and Workers Compensation. Umbrella Follows Form. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Cupertino ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE '· eaoo-l'ol'l'e"'Av :'1 I Cupertino CA 95014 ---_S,:------- I © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 170CC 05-07-2024 170 of 266 CC 05-07-2024 170 of 266 POLICY NUMBER: OBF'-D681476-06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESSOWNERS LIABILITY SPECIAL BROADENING ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SUMMARY OF COVERAGES Limits Page 1. Additional lnsurej__Q y Contract,_Agreement or Permit Included 1 2. Additional Insured -Broad Form Vendors --.-.;....;. ...,;_ Included 2 3. Alienated Premises Included 3 4. Broad Form Property Damage -Borrowed Equipment, Customers Included 3 Goods and Use of Elevators 5. Incidental Malpractice (Employed Nurses, EMT's and Paramedics) Included 3 6. Personal and Advertising Injury -Broad Form Included 4 7. Product Recall Expense Included 4 Product Recall Expense Each Occurrence Limit $25,000 5 Occurrence Product Recall Expense Aggregate Limit $50,000 5 Aggregate Product Recall Deductible $500 5 8. Unintentional Failure to Disclose Hazards Included 6 9. Unintentional Failure to Notify Included 6 This endorsement amends coverages provided under the Businessowners Coverage Form through new coverages and broader coverage grants. This coverage is subject to the provisions applicable to the Businessowners Coverage Form, except as provided below. The following changes are made to SECTION II - LIABILITY: 1. Additional Insured by Contract, Agreement or Permit The following is added to SECTION II - LIABILITY, C. Who Is An Insured: Additional Insured by Contract, Agreement or Permit a. Any person or organization with whom you agreed in a written contract, written agreement or permit to add such person or organization as an additional insured on your policy is an additional insured only with respect to liability for "bodily injury", "property damage", or "personal and advertising injury" caused, in whole or in part, by your acts or omissions, or the acts or omissions of those acting on your behalf, but only with respect to: (1) "Your work" for the additional insured(s) designated in the contract, agreement or permit; (2) Premises you own, rent, lease or occupy; or (3) Your maintenance, operation or use of equipment leased to you. b. The insurance afforded to such additional insured described above: (1) Only applies to the extent permitted by law; and (2) Will not be broader than the insurance which you are required by the contract, agreement or permit to provide for such additional insured. (3) Applies on a primary basis if that is required by the written contract , written agreement or permit. (4) Will not be broader than coverage provided to any other insured. (5) Does not apply if the "bodily injury", "property damage" or "personal and advertising injury" is otherwise excluded from coverage under this Coverage Part, including any endorsements thereto . 391-1006 08 16 Includes copyrighted materials of Insurance Services Offices , Inc., with its permission . Page 1 of 6 171CC 05-07-2024 171 of 266 CC 05-07-2024 171 of 266 c. This provision does not apply: (1) Unless the written contract or written agreement was executed or permit was issued prior to the "bodily injury", "property damage", or "personal injury and advertising injury". (2) To any person or organization included as an insured by another endorsement issued by us and made part of this Coverage Part. (3) To any lessor of equipment: (a) After the equipment lease expires; or (b) If the "bodily injury", "property damage", "personal and advertising injury" arises out of sole negligence of the lessor. (4) To any: (a) Owners or other interests from whom land has been leased if the "occurrence" takes place or the offense is committed after the lease for the land expires; or (b) Managers or lessors of premises if: (i) The "occurrence" takes place or the offense is committed after you cease to be a tenant in that premises; or (ii) The "bodily injury", "property damage", "personal injury" or "advertising injury" arises out of structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor. (5) To "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage" or the offense which caused the "personal and advertising injury" involved the rendering of or failure to render any professional services by or for you. d. With respect to the insurance afforded to these additional insureds, the following is added to SECTION II -LIABILITY, D. Liability and Medical Expense Limits of Insurance: !&~Hanover ~ Insurance Group - OBF O681476 5701751 The most we will pay on behalf of the additional insured for a covered claim is the lesser of the amount of insurance: 1. Required by the contract, agreement or permit described in Paragraph a.; or 2. Available under the applicable Limits of Insurance shown in the Declarations. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations e. All other insuring agreements, exclusions, and conditions of the policy apply . 2. Additional Insured -Broad Form Vendors The following is added to SECTION II - LIABILITY, C. Who Is An Insured: Additional Insured -Broad Form Vendors a. Any person or organization that is a vendor with whom you agreed in a written contract or written agreement to include as an additional insured under this Coverage Part is an insured, but only with respect to liability for "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business. b. The insurance afforded to such vendor described above : (1) Only applies to the extent permitted by law; (2) Will not be broader than • the insurance which you are required by the contract or agreement to provide for such vendor; (3) Will not be broader than coverage provided to any other insured; and (4) Does not apply if the "bodily injury", "property damage" or "personal and advertising injury" is otherwise excluded from coverage under this Coverage Part, including any endorsements thereto c. With respect to insurance afforded to such vendors, the following additional exclusions apply: The insurance afforded to the vendor does not apply to: (1) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reasons of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement; (2) Any express warranty unauthorized by you; 391-1006 08 16 Includes copyrighted materials of Insurance Services Offices, Inc., with its permission . Page 2 of 6 172CC 05-07-2024 172 of 266 CC 05-07-2024 172 of 266 (3) Any physical or chemical change in the product made intentionally by the vendor; (4) Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instruction from the manufacturer, and then repackaged in the original container; The most we will pay on behalf of the vendor for a covered claim is the lesser of the amount of insurance: 1. Required by the contract or agreement described in Paragraph a.; or 2. Available under the applicable Limits of Insurance shown in the Declarations; This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. (5) Any failure to make such inspection, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course 3. Alienated Premises of business in connection with the sale of the product; (6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (7) Products which, after distribution or sale SECTION II -LIABILITY, B. Exclusions, 1. Applicable To Business Liability Coverage k. Damage to Property, paragraph (2) is replaced by the following: (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises and occurred from hazards that were known by you, or should have reasonably been known by you, at . the time the property was transferred or abandoned. by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; 4. Broad Form Property Damage -Borrowed Equipment, Customers Goods, Use of Elevators (8) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor 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: _ (a) The exceptions contained within the exclusion in subparagraphs (4) or (6) above;or (b) Such inspections, adjustments, tests or servicing as the vendor 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. (9) "Bodily injury" or "property damage" arising out of an "occurrence" that took place before you have signed the contract or agreement with the vendor. (10)To any person or organization included as an insured by another endorsement issued by us and made part of this Coverage Part. (11)Any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying 5. or containing such products. d. With respect to the insurance afforded to these vendors, the following is added to SECTION II -LIABILITY, D. Liability and Medical Expense Limits of Insurance: a. The following is added to SECTION II - LIABILITY, B. Exclusions, 1. Applicable To Business Liability Coverage, k. Damage to Property: Paragraph (4) does not apply to "property damage" to borrowed equipment while at a jobsite and not being used to perform operations. Paragraph (3), (4) and (6) do not apply to "property damage" to "customers goods" while on your premises nor to the use of elevators. b. For the purposes of this endorsement, the following definition is added to SECTION II - LIABILITY, F. Liability and Medical Expenses Definitions: 1. "Customers goods" means property of your customer on your premises for the purpose of being: a. Worked on; or b. Used in your manufacturing process. c. The insurance afforded under this provision is excess over any other valid and collectible property insurance (including deductible) available to the insured whether primary, excess , contingent or on any other basis. Incidental Malpractice -Employed Nurses, EMT's and Paramedics SECTION II -LIABILITY, C. Who Is An Insured, paragraph 2.a.(1)(d) does not apply to a nurse, 391-1006 0816 Includes copyrighted materials of Insurance Services Offices , Inc., with its permission . Page 3 of 6 173CC 05-07-2024 173 of 266 CC 05-07-2024 173 of 266 emergency medical technician or paramedic employed by you if you are not engaged in the business or occupation of providing medical, paramedical, surgical, dental, x-ray or nursing services. 6. Personal Injury -Broad Form a. SECTION II -LIABILITY, B. Exclusions, 2. Additional Exclusions Applicable only to "Personal and Advertising Injury", paragraph e. is deleted. b. SECTION II -LIABILITY, F. Liability and Medical Expenses Definitions, 14. "Personal and advertising injury", paragraph b. is replaced by the following: b. Malicious prosecution or abuse of process. c. The following is added to SECTION II - LIABILITY, F. Liability and Medical Expenses Definitions, Definition 14. "Personal and advertising injury": "Discrimination" (unless insurance thereof is prohibited by law) that results in injury to the feelings or reputation of a natural person, but only if such "discrimination" is: (1) Not done intentionally by or at the direction of: (a) The insured; (b) Any officer of the corporation, director, stockholder, partner or member of the insured; and (2) Not directly or indirectly related to an "employee", not to the employment, prospective employment or termination of any person or persons by an insured . d. For purposes of this endorsement, the following definition is added to SECTION II - LIABILITY, F. Liability and Medical Expenses Definitions: 1. "Discrimination" means the unlawful treatment of individuals based upon race, color, ethnic origin, gender, religion, age, or sexual preference. "Discrimination" does not include the unlawful treatment of individuals based upon developmental, physical, cognitive, mental, sensory or emotional impairment or any combination of these . e. This coverage does not apply if liability coverage for "personal and advertising injury" is excluded either by the provisions of the Coverage Form or any endorsement thereto. 7. Product Recall Expense a. SECTION II -LIABILITY, B. Exclusions, 1. Applicable To Business Liability Coverage, !&~Hanover ~ lnsurance Group- OBF 0681476 5701751 o. Recall of Products, Work or Impaired Property is replaced by the following : o. Recall of Products, Work or Impaired Property Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: (1) "Your product"; (2) "Your work"; or (3) "Impaired property"; If such product, work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it, but this exclusion does not apply to "product recall expenses" that you incur for the "covered recall" of "your product". However, the exception to the exclusion does not apply to "product recall expenses" resulting from: (4) Failure of any products to accomplish their intended purpose; (5) Breach of warranties of fitness, quality, durability or performance; (6) Loss of customer approval, or any cost incurred to regain customer approval; (7) Redistribution or replacement of "your product" which has been recalled by like products or substitutes; (8) Caprice or whim of the insured; (9) A condition likely to cause loss of which any insured knew or had reason to know at the inception of this insurance; (10)Asbestos, including loss, damage or clean up resulting from asbestos or asbestos containing materials; or (11) Recall of "your products" that have no known or suspected defect solely because a known or suspected defect in another of "your products" has been found. b. The following is added to SECTION II - LIABILITY, C. Who Is An Insured, paragraph 3.b.: "Product recall expense" arising out of any withdrawal or recall that occurred before you acquired or formed the organization. 391-1006 08 16 Includes copyrighted materials of Insurance Services Offices, Inc., with its permission . Page 4 of 6 174CC 05-07-2024 174 of 266 CC 05-07-2024 174 of 266 c. The following is added to SECTION II - LIABILITY, D. Liability and Medical Expenses Limits of Insurance: Product Recall Expense Limits of Insurance a. The Limits of Insurance shown in the SUMMARY OF COVERAGES of this endorsement and the rules stated below fix the most that we will pay under this Product Recall Expense Coverage regardless of the number of: (1) Insureds; (2) "Covered Recalls" initiated; or (3) Number of "your products" withdrawn. b. The Product Recall Expense Aggregate Limit is the most that we will reimburse you for the sum of all "product recall expenses" incurred for all "covered recalls" initiated during the policy period. c. The Product Recall Each Occurrence Limit is the most we will pay in connection with any one defect or deficiency. d. All "product recall expenses" in connection with substantially the same general harmful condition will be deemed to arise out of the same defect or deficiency and considered one "occurrence". e. Any amount reimbursed for "product recall expenses" in connection with any one "occurrence" will reduce the amount of the Product Recall Expense Aggregate Limit available for reimbursement of "product recall expenses" in connection with any other defect or deficiency. f. If the Product Recall Expense Aggregate Limit has been reduced by reimbursement of "product recall expenses" to an amount that is less than the Product Recall Expense Each Occurrence Limit, the remaining Aggregate Limit is the most that will be available for reimbursement of "product recall expenses" in connection with any other defect or deficiency. g. Product Recall Deductible We will only pay for the amount of "product recall expenses" which are in excess of the $500 Product Recall Deductible. The Product Recall Deductible applies separately to each "covered recall". The l i mits of insurance will not be reduced by the amount of this deductible. We may , or will if required by law, pay all or any part of any deductible amount, if applicable . Upon notice of our payment of a deductible amount, you shall promptly reimburse us for the part of the deductible amount we paid. The Product Recall Expense Limits of Insurance apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for the purposes of determining the Limits of Insurance. d. The following is added to SECTION 11 - LIABILITY, E. Liability and Medical Expense General Conditions, 2. Duties in the Event of Occurrence, Offense, Claim or Suit: You must see to it that the following are done in the event of an actual or anticipated "covered recall" that may result i n "product recall expense": (1) Give us prompt notice of any discovery or notification that "your product" must be withdrawn or recalled. Include a description of "your product" and the reason for the withdrawal or recall; (2) Cease any further release, shipment, consignment or any other method of distribution of like or similar products until it has been determined that all such products are free from defects that could be a cause of loss under this insurance. e. For the purposs of this endorsement, the following definitions are added to SECTION II -LIABILITY, F. Liability and Medical Expenses Definitions: 1. "Covered recall" means a recall made necessary because you or a government body has determined that a known or suspected defect, deficiency, inadequacy, or dangerous condition in "your product" has resulted or will result in "bodily injury" or "property damage". 2. "Product recall expense(s)" means: a. Necessary and reasonable expenses for: (1) Communications, including radio or television announcements or printed advertisements including stationary, envelopes and postage ; 391-1006 08 16 Includes copyrighted materials of Insurance Services Offices , Inc., with its permission . Page 5 of 6 175CC 05-07-2024 175 of 266 CC 05-07-2024 175 of 266 f. (2) Sh ipping the recalled products from any purchaser, distributor or user to the place or places designated by you; (3) Remuneration paid to your regular "employees" for necessary overtime; (4) Hiring additional persons, other than your regular "employees"; (5) Expenses incurred by "employees" 8• including transportation and accommodations; (6) Expenses to rent additional warehouse or storage space; (7) Disposal of "your product", but only to the extent that specific methods of destruction other than those employed for trash discarding or disposal are 9. required to avoid "bodily injury" or "property damage" as a result of such disposal, you incur exclusively for the purpose of recalling "your product"; and b. Your lost profit resulting from such "covered recall". This Product Recall Expense Coverage does not apply : !&~Hanover ~ Insurance Group - OBF D681476 5701751 (1) If the "products -completed operations hazard" is excluded from coverage under this Coverage Part including any endorsement thereto; or (2) To "product recall expense" arising out of any of "your products" that are otherwise excluded from coverage under this Coverage Part including endorsements thereto. Unintentional Failure to Disclose Hazards The following is added to SECTION II - LIABILITY, E. Liability and Medical Expenses General Conditions: Representations We will not disclaim coverage under this Coverage Part if you fail to disclose all hazards existing as of the inception date of the policy provided such failure is not intentional. Unintentional Failure to Notify The following is added to SECTION II - LIABILITY, E. Liability and Medical Expenses General Conditions, 2. Duties in the Event of Occurrence, Offense, Claim or Suit: Your rights afforded under this Coverage Part shall not be prejudiced if you fail to give us notice of an "occurrence", offense, claim or "suit", solely due to your reasonable and documented belief that the "bodily injury", "property damage" or "personal and advertising injury" is not covered under this Policy. ALL OTHER TERMS, CONDITIONS, AND EXCLUSIONS REMAIN UNCHANGED. 391-1006 08 16 Includes copyrighted materials of Insurance Services Offices, Inc., with its permission . Page 6 of 6 176CC 05-07-2024 176 of 266 CC 05-07-2024 176 of 266 1. SECTION I -PROPERTY, if two or more of this coverage part's coverages apply to the same loss or damage, we will not pay more than the actual amount of the loss or damage . 2. SECTION II -LIABILITY, it is our stated intent that the various Coverage Parts, forms, endorsements or policies issued to the named insured by us, or any company affiliated with us, do not provide any duplication or overlap of coverage for the same claim, "suit", "occurrence", offense, accident, "wrongful act" or loss . We will not pay more than the actual amount of the loss or damage. If this Coverage Part and any other Coverage Part, form, endorsement or policy issued to the named insured by us, or any company affiliated with us, apply to the same claim, "suit", occurrence, offense, accident, "wrongful act" or loss, the maximum Limit of Insurance under all such Coverage Parts, forms, endorsements or policies combined shall not exceed the highest applicable Limit of Insurance under any one Coverage Part, form, endorsement or policy. This condition does not apply to any Excess or Umbrella Policy issued by us specifically to apply as excess insurance over this policy. G. Liberalization If we adopt any revision that would broaden the coverage under this policy without additional premium within 45 days prior to or during the policy period, the broadened coverage will immediately apply to this policy. H. Other Insurance 1. SECTION I -PROPERTY If there is other insurance covering the same loss or damage, we will pay only for the amount of covered loss or damage in excess of the amount due from that other insurance, whether you can collect on it or not. But, we will not pay more than the applicable Limit of Insurance of SECTION I -PROPERTY. 2. SECTION II -LIABILITY If other valid and collectible insurance is available to the insured for a loss we cover under SECTION II -LIABILITY , our obligations are limited as follows: a. Primary Insurance This insurance is primary except when paragraph b. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in paragraph c. below. !&~Hanover ~ Jnsurance Group .. OBF D681476 5701751 However, if you agree in a written contract, written agreement, or written permit that the insurance provided to any person or organization included as an Additional Insured under this Coverage Part is primary and non-contributory, we will not seek contribution from any other insurance available to that Additional Insured which covers the Additional Insured as a Named Insured except: (1) For the sole negligence of the Additional Insured; or (2) When the Additional Insured is an Additional Insured under another liability policy. b. Excess Insurance This insurance is excess over: (1) Any of the other insurance, whether primary, excess, contingent or on any other basis: (a) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (b) That is Property Insurance for premises rented to you or temporarily occupied by you with permission of the owner; (c) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; or (d) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to SECTION II -LIABILITY, Exclusion g. Aircraft, Auto or Watercraft; and (2) Any other primary insurance available to you covering liability for damages arising out of the premises or operations, or the products and completed operations, for which you have been added as an additional insured by attachment of an endorsement. When this insurance is excess , we will have no duty under SECTION II - LIABILITY to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the 391-1003 08 16 Includes copyrighted material of Insurance Services Office , Inc ., with its permission . Page 79 of 81 177CC 05-07-2024 177 of 266 CC 05-07-2024 177 of 266 insured's rights against all those other insurers . c . When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self-insured amounts under all that other insurance. d. We will share the remaining loss, if any, with any other insurance that is not described in this provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations for this Coverage. e. Method of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable Limit of Insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable Limit of Insurance to the total applicable limits of insurance of all insurers. f. When this insurance is excess, we will have no duty under Business Liability Coverage to defend any claim or "suit" that any other insurer has a duty to defend. If no other insurer defends, we will undertake to do so; but we will be entitled to the insured's rights against all those other insurers. I. Premiums 1. The first Named Insured shown in the Declarations: a. Is responsible for the payment of all premiums; and b. Will be the payee for any return premiums we pay. 2. The premium shown in the Declarations was computed based on rates in effect at the time the policy was issued. On each renewal, continuation or anniversary of the effective date of this policy, we will compute the premium in accordance with our rates and rules then in effect. 3. With our consent, you may continue this policy in force by paying a continuation premium for each successive one-year period. The premium must be: a. Paid to us prior to the anniversary date; and b. Determined in accordance with paragraph 2. above. Our forms then in effect will apply. If you do not pay the continuation premium, this policy will expire on the first anniversary date that we have not received the premium. 4. Undeclared exposures or change in your business operation, acquisition or use of locations may occur during the policy period that is not shown in the Declarations. If so, we may require an additional premium. That premium will be determined in accordance with our rates and rules then in effect. J. Premium Audit 1. This policy is subject to audit if a premium designated as an advance premium is shown in the Declarations. We will compute the final premium due when we determine your actual exposures. 2. Premium shown in this policy as advance premium is a deposit premium only. At the close of each audit period, we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. 3. The first Named Insured must keep records of the information we need for premium computation and send us copies at such times as we may request. K. Transfer of Rights of Recovery Against Others to Us 1. Applicable to SECTION I • PROPERTY Coverage: If any person or organization to or for whom we make payment under this policy has rights to recover damages from another, those rights are transferred to us to the extent of our payment. That person or organization must do everything necessary to secure our rights and must do nothing after loss to impair them . But you may waive your rights against another party in writing: 391-1003 08 16 Includes copyri ghted material of Insurance Se rv ices Office , Inc., with its perm ission . Page 80 of 81 178CC 05-07-2024 178 of 266 CC 05-07-2024 178 of 266 a. Prior to a loss to your Covered Property . b. After a loss to your Covered Property only if, at time of loss, that party is one of the following: (1) Someone insured by this insurance; (2) A business firm: (a) Owned or controlled by you; or (b) That owns or controls you; or (3) Your tenant. You may also accept the usual bills of lading or shipping receipts limiting the liability of carriers. This will not restrict your insurance. 2. Applicable to SECTION II • LIABILITY Coverage: If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair such rights. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. !&~Hanover ~ Insurance Group - OBF D681476 5701751 We waive any right of recovery we may have against any person or organization with whom you have a written contract, permit or agreement to waive any rights of recovery against such person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard". This condition does not apply to Medical Expenses Coverage . L. Transfer of Your Rights and Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual Named Insured. If you die, your rights and duties will be transferred to your legal representative but only while that legal representative is acting within the scope of their duties as your legal representative. Until your legal representative is appointed, anyone with proper temporary custody of your property will have your rights and duties but only with respect to that property. 391-1003 08 16 Includes copyrighted material of Insurance Services Office, Inc ., with its permission. Page 81 of 81 179CC 05-07-2024 179 of 266 CC 05-07-2024 179 of 266 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA Policy Number: 57 WEC ZR5765 Endorsement Number: Effective Date: 09/06/23 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: HF&H CONSULTANTS LLC 590 YGNACIO VALLEY RD STE 105 WALNUT CREEK CA 94596 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description Any person or organization for whom you are required by written contract or agreement to obtain this waiver of rights from us Form WC 04 03 06 (1) Printed in U.S.A. Process Date: 07/27/23 Policy Expiration Date: 09/06/24 180CC 05-07-2024 180 of 266 CC 05-07-2024 180 of 266 CITY OF a CUPERTINO 1. MASTER PROFESSIONAL/SPECIALIZED SERVICES AGREEMENT WITH HF&H CONSULT ANTS, LLC PARTIES This Master Agreement is made by and between the City of Cupertino, a municipal corporation ("City"), and HF&H Consultants, LLC., ("Contractor") a Corporation for Solid Waste Consulting 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 August 31, 2025 ("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 deli ver th e Services on time. Co ntractor must respond promptly to each Service Order request. Mas ter P rofessional/Sp ec ia li zed Services Agreement/ Rev. October 202 1 Solid Waste Consultin g Services Page 1 of9 181CC 05-07-2024 181 of 266 CC 05-07-2024 181 of 266 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 $350,000 .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, :er Professimm:l!SJ,e-ciali'zed--S-ervices Agreement/-Re . 0ctober-2621 Solid Waste Consulting Services Page 2 of9 182CC 05-07-2024 182 of 266 CC 05-07-2024 182 of 266 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 remint 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 (cl) Other City projects. Master Professional/Specialized Services Agreement/ Rev. October 2021 Solid Waste Consulting Services Page 3 of9 183CC 05-07-2024 183 of 266 CC 05-07-2024 183 of 266 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. 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 M11sterProfe~ssinnal'/S-pe-cmtized Service Agreement/ R . October-2021 Solid Waste Consulting Services Page 4 of9 184CC 05-07-2024 184 of 266 CC 05-07-2024 184 of 266 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 b y the Immigration Reform and Control Act. 13.2 Labor Laws. Contractor shall comply w ith all l abor laws applicable to this Agreement. If the Scope of Services includes a "public works " component, Contractor is required to comply with prevailing w age law s under Labor Code S ection 1720 and other labor laws. Master Professional/Sp ecialized Services Agreement/ Rev. October 2021 Solid Waste Consulting Services P age 5 of9 185CC 05-07-2024 185 of 266 CC 05-07-2024 185 of 266 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 an y 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 Ursula Syrova 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 Peter Deibler 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 often percent (10%) of the total time expended to date in the performance of the Services. -------------------------M",casterProfessicmalt'Specialized Serviee cgreement/ Rev:-Gctober 202'------ Solid Wa ste Consulting Se rvices Page 6 of9 186CC 05-07-2024 186 of 266 CC 05-07-2024 186 of 266 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 E ach provision and clause required b y law for this Agreement is deemed to b e included and will b e inferred herein . Either party may request an amendment to cure mistaken in sertions or omi ss ions of requi re d provisions . The P arties will collaborate to implement this Section , as appropriat e. Master Profess ional/Speciali zed Services Agreement/ Rev. October 202 1 Solid Waste Consu lting Services P age 7 of9 187CC 05-07-2024 187 of 266 CC 05-07-2024 187 of 266 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: Ursula Syrova Email: ursulas@cupertino.org 27 . EXECUTION To Contractor: HF &H Consultants, LLC. 201 N. Civic Drive, Suite 230 Walnut Creek, CA 94596 Attention: Peter Deibler Email: pdeibler@hfh-consultants.com. 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] ------------------------Mnsteri'rofessional/-Speeialized Services Agreement/ Rev . Octeber:20:21 Solid Waste Consulting Services Page 8 of9 188CC 05-07-2024 188 of 266 CC 05-07-2024 188 of 266 IN WITNESS WHEREOF, the parties have caused the Agreement to be executed. CITY OF CUPERTINO A Municipal Corporation By~ Name Dianne Thompson (she/her) Title Acting City Manager Date Jul 25, 2022 APPROVED AS TO FORM: cltr~ D . .JB-fUffl,, CHRISTOPHER D. JENSEN Cupertino City Attorney ATTEST: ~~ KIRSTEN SQUARCIA City Clerk Date Jul 25, 2022 Solid Waste Co nsulting Services HF&H CONSULTANTS, LLC. Name Rob Hilton Title President Date Jul 12, 2022 Master Professional/Sp ecia lized Services Agreement/ Rev. October 2021 Page 9 of9 189CC 05-07-2024 189 of 266 CC 05-07-2024 189 of 266 EXHIBIT A-SCOPE OF SERVICES City of Cupertino Technical Proposal Solid Waste Consulting Services Proposal procurements, MOU discussions with neighboring cities, and a range of negotiations. In recent years, Rob has served as an advisor and Danielle and Alison have assisted on many of these projects. In particular, Danielle is participating in cost-of-service modeling and annual contractor compensation reviews for Sunnyvale . San Jose: Since 2008, Peter has managed multi-year MSA agreements with the city of San Jose, facilitating the process that resulted in the current contractual arrangements with Republic and GreenWaste for commercial collection and processing. He participated in residential collection and processing negotiations with four service providers and benchmarked the city's C&D program against other progressive local programs. Peter and Alison recently assisted the city with its SB 1383 ordinance, and Peter, Danielle, and Alison recently provided confidential technical support to the city's solid waste department and the city attorney's office. Mountain View: Peter led a consulting team in developing a zero-waste plan, managed a sole source collection negotiation with Recology, and assisted the City in assessing operational and financial issues related to food scrap collection. Milpitas: In 2013-2014, Rob and Peter conducted competitive collection and disposal procurements for the city of Milpitas. SB 1383: HF&H has the most extensive SB 1383 knowledge and experience of any public-sector oriented consulting firm in California. Rob and Alison are part of HF&H's SB 1383 team and Peter has also been heavily engaged in SB 13983 planning and implementation. In 2019, HF&H prepared four Model SB 1383 Implementation Tools for CalRecycle, which were used by jurisdictions across the State to prepare compliance plans, compliant franchise agreements, new or revised ordinances, and develop strategies for reporting, recordkeeping, enforcement, and monitoring. Performance Reviews: Peter leads HF&H's performance review practice, most recently completing reviews for Pleasanton and Sunnyvale (the second one). In the South Bay, he has also managed performance reviews for Mountain View and Palo Alto. LABOR CATEGORIES AND RATE SCHEDULE HF&H proposes the following billing rate schedule for the three-year qualification period. Specific hourly rates for the four core team members are: Rob Hilton -$325, Peter Deibler -$305, Danielle Derby -$215, and Alison Griffith -$215. Position Executive Senior Project Manager Project Manager Senior Associate Associate Analyst Assistant Analyst Administrative Staff May 20, 2022 Page 8 Rate $310 -$325 $295 -$305 $250 -$260 $215 -$230 $165 -$175 $140 -$155 $115 -$125 HF&H Consultants, LLC 190CC 05-07-2024 190 of 266 CC 05-07-2024 190 of 266 City of Cupertino Technical Proposal Solid Waste Consulting Services Proposal PROPOSED SCOPE OF WORK AND BUDGET BY TASK Task 1. Assistance Securing Disposal Services Background There are three disposal facilities in Santa Clara County : Republic's Newby Island and Waste Management's (WM) Kirby Canyon and Guadalupe Landfill. Of these, Newby Island and Kirby Canyon are the only viable options; Guadalupe is not accepting new municipal disposal contracts . GreenWaste Recovery and Waste Connections may offer to transfer MSW from San Jose for disposal in Monterey or Solano County, respectively, but with significant climate emissions and transportation cost impacts. Newby Island also provides exclusive construction and demolition {C&D) processing services. Fortunately, there are a number of options for C&D processing in the South Bay . In approaching a new disposal contract, the City will encounter four significant challenges during the process: 1) generating competition given the limited options; 2) evaluating alternative solutions that may include disposal or mixed waste processing plus disposal; 3) benchmarking pricing in a high inflation environment; and 4) communicating the final recommendation to City Council. Approach HF&H proposes to assist the City in conducting a parallel negotiation with Republic and WM for future use of Newby Island or Kirby Canyon. We believe that a parallel negotiation will be simpler, shorter, and more productive than a competitive RFP process, while addressing the challenges identified above by generating immediate competition, providing the best available current market options and pricing, addressing City interest in MSW processing, and providing clear choices for the Council. If the City is interested in MSW processing, HF&H recommends initiating discussions with Republic (Newby Island), GreenWaste Recovery {Charles Street in San Jose), and Sunnyvale (SMaRT Station). We can help the City assess the benefits and tradeoffs inherent in use of one of these privately-or publicly-owned options. For C&D processing, HF&H recommends moving to a non-exclusive system in which generators have a choice of approved facilities, consistent with the Cupertino Municipal Code and State law. We recommend the City negotiate capacity at the nearby Zanker Road facility, which is among the best processors of C&D material in the country, as a guaranteed backstop for the City's generators but also to allow generators to use facilities that are on San Jose's certified C&D facility list. We will assist the City in negotiating a simple agreement that guarantees City generator access to capacity without addressing pricing. HF&H recommends the City Council adopt a communication policy, such as the one used for the recent Recology negotiation. HF&H will assist the City in developing a process for evaluating the results of the negotiations and final Council approval of future services. The evaluation process should address cost factors, such as tip fees and transport cost, as well as qualitative factors, such as acceptance of the City's contract terms, tradeoffs in greenhouse emissions, and relative recovery rates from MSW processing. The Recology agreement has a process to adjust compensation for off-route costs to accommodate changes in facility location. HF&H understands the City is seeking to or has already entered into a short extension with Republic . Assuming this is the case , HF&H will develop a draft disposal agreement defining the City's needs and define MSW and C&D processing interests. A brief termsheet could be used to more rapidly initiate May 20, 2022 Page 9 HF&H Consultants , LLC 191CC 05-07-2024 191 of 266 CC 05-07-2024 191 of 266 City of Cupertino Technical Proposal Solid Waste Consulting Se rvices Proposal discussion . In general, HF&H will refine our proposed approach, as necessary, following discussion with the City . Deliverables HF&H will assist the City in identifying and assessing options and approaches for disposal, MSW processing, and C&D processing. We will prepare a draft and final draft disposal agreement for use in a parallel negotiation and a termsheet summarizing MSW and processing needs, review proposals (including cost and non-cost factors), and assist in negotiating a new agreement(s) for disposition of materials. Fee Estimate The estimated fee for Task 1 is $125,000 -$150,000 . Among the factors affecting cost: • The degree of necessary coordination with other City departments and with outside counsel, if the City chooses to enlist such services . • Whether the City Attorney's office or outside counsel determines that CEQA requires analysis of the impact of changes in transport. • Recology cooperates with the City and HF&H during the review and audit process, providing timely and complete responses to information requests and data to support transport analysis, including CEQA-related transport analysis. • The degree to which Zanker Road representatives cooperate in a timely manner in entering into an agreement with the City . • The extent and nature of HF&H's assistance in supporting MSW processing discussions with Sunnyvale. Task 2. Assistance with Rate Year Four Cost-Based Hauler Rate Adjustment Background HF&H assisted the City in negotiating a ten-year rate plan with Recology that would balance the need to smooth rate increases by providing Recology a reasonable level of profit. Recology agreed to take losses in Rate Years One through Three, anticipating full recovery of costs in Rate Period Four and onward . The RY4 Cost-Based adjustment has the goal, within specified parameters, of fully compensating Recology for allowable costs. Final compensation will, at City discretion, be funded through rate revenues and use of reserves from the City's Resource Recovery Enterprise Fund. Task 2 is an atypical cost-based review due to the variety of policy issues that factored into determining Recology 's compensation and customer rates under the new agreement, including in part, Recology's shortfalls under the previous agreement, City fee revenue requirements, the City's reserve balances, and gradual changes to the rate structure . While the agreement delineates the review process and provides protections for both parties there are important discretionary policy issues for City consideration, especially if Recology is not meeting its requirements . Thus, as discussed below for Task 3 Assistance with Performance Review and Audit of Hauler During RY4, HF&H recommends coordinating the work for Task 2 and Task 3 such that the results from Task 3 inform the final Task 2 results. May 20, 2022 Page 10 HF&H Consultants, LLC 192CC 05-07-2024 192 of 266 CC 05-07-2024 192 of 266 City of Cupertino Technical Proposal Solid Waste Consulting Services Proposal Approach The agreement requires Recology to submit the Application on or before August 1, 2023 . HF&H recommends that the City, HF&H, and Recology meet in May 2022, following submittal of Recology's financial statement, but well in advance of Recology's RY4 application submittal. The purpose of this meeting is to discuss agreement language regarding the approach and schedule for the review, remind Recology staff, as necessary, of the context of the review, discuss any related issues that the City or Recology wishes to address in the process, and to discuss coordination of the review with the conduct of Task 3 Performance Review and Audit. Meeting relatively early with Recology gives the City and HF&H the opportunity to hear and, if necessary, to resist any Recology effort to use the submittal to expand the review scope to increase compensation. HF&H will review the submitted application for mathematical accuracy and logical consistency, confirming it follows the methodology specified in Exhibit E2 of the Franchise Agreement. The review will focus on vehicle capital expenditures, specific SB 1383 expenses including required added staff positions, forecasting of allowable costs based on predetermined indices and calculations subject to a five percent cap, and recalculation of franchise fees and City reimbursements. Once HF&H has developed draft results, we will share them with the City and begin discussion of how best to allocate rate increases to customer classes and whether it will be desirable to again use reserves to smooth rates. HF&H will also discuss with the City whether there is interest in establishing a Vehicle Street Maintenance Fee . In 2020, at the City's request, HF&H conducted a cost nexus analysis to support such a fee, should the City wish to add it. Deliverables Draft, final draft, and final memo reports addressing our findings including reasonableness and comparison to industry standards. Supporting documents and data will be made available to the City upon request . Fee Estimate The estimated fee for Task 2 is $75,000 -$90,000. The cost range assumes: • Coordination of Task 2 with the Task 3 Performance Review and Audit work provides timing, scope, and cost efficiencies for both Tasks 2 and 3. • Recology cooperates with the City and HF&H during the review and audit process, including providing timely and complete responses to information requests. • Recology's financial and operational performance during Rate Years One through Three and the City's existing approach to rate smoothing do not change, such that substantial revisions to the confidential model and ten-year plan are required to develop new projections. As a result, the City will not need significant HF&H assistance to reanalyze the use of City fees or reserves to meet funding needs, and it will not be necessary to remodel rate scenarios to not only address cost of service by customer class but also by container type within each customer class . May 20, 2022 Page 11 HF&H Consultants, LLC 193CC 05-07-2024 193 of 266 CC 05-07-2024 193 of 266 Ci ty of Cu pe rtin o Techn ical Proposal So lid Wa ste Con sul t ing Services Proposa l Task 3. Assistance with Performance Review and Audit of Hauler During RY4 Background Section 6.3 of the agreement allows the City to conduct two performance reviews and detailed financial audits, at the City's discretion, at any point during the term. The City chose to negotiate a new sole-source agreement with Recology, and it is our understanding that Recology's overall performance has been good . The cost of performance reviews range widely depending on the number of issues and the level of detail at which each issue is reviewed. HF&H's recent financial audits of Recology did not identify any substantive issues or concerns. For the reasons above, HF&H recommends a targeted approach to both the performance review and audit that minimizes cost and maximizes value . HF&H believes that these goals can best be met by beginning the Task 3 Performance Review and Audit prior to or in tandem with the Task 2 work. This will ensure that the results of the Task 2 work are informed by the findings of Task 3, avoiding a situation in which the City approves a RY4 adjustment -effectively the new baseline for the next several years of compensation -and subsequently identifies performance or financial issues that might have led to a lower RY4 adjustment . Approach HF&H recommends that the City and HF&H meet in late 2022 to discuss the timing and the goals for the Performance Review and the Audit. Depending on the City's decision on timing, the City and HF&H will either meet with Recology prior to the May 2023 Task 2 meeting to discuss the Performance Review and Audit, or will discuss them with Recology at the May meeting . Performance Review Based on discussion with the City, HF&H will provide a detailed scope for addressing issues in up to four broad areas of performance, such as SB 1383 program compliance (including contamination monitoring), customer service, education and outreach, record keeping and reporting, and other contractual requirements. HF&H will share the scope of work with and transmit a request for information (RFI) to Recology. HF&H will review the responses and request any necessary clarification from Recology. HF&H may suggest the City consider modifications in the focus of the Performance Review, should the RFI response indicate benefit in doing so. HF&H will assess the information prov ided by Recology against the requirements of the agreement . For example, if the City identified recordkeeping and reporting as an area of focus , HF&H might review submitted reports for the past 12 months for compliance and completeness with Exhibit D Reporting Requirements . HF&H will be available to assist the City in monitoring Recology's continued compliance or improvement based on the results of the Performance Review. Based on the findings and after consultation with the City, HF&H will recommend steps that Recology and the City can take over-t i me to ensure needed improvements are achieved . As budget allows, HF&H will provide the City with direct assistance in monitoring Recology progress. Audit HF&H recommends that the Audit focus on City fee remittances (CF Audit) and rev i ew of key expenditu res . HF&H 's 2020 Recology audit found that Reco logy was properly calc ulating and remitting City Fees in acco rdance with the prior agreemen t. The methodology fo r calculation and remittance of th e City Fees is May 20, 2022 Page 12 HF&H Consultants, LLC 194CC 05-07-2024 194 of 266 CC 05-07-2024 194 of 266 City of Cupertino Technical Proposal Solid Waste Consulting Services Proposal the same in the new agreement and we do not anticipate a significant variance in the results. Thus, we propose that we audit the past 24 months of City Fee remittances to ensure compliance . For the key expenditures review, HF&H will assess whether Recology's larger, funded expenditures, such as capital purchases and new staff hires, have in fact been incurred . HF&H will communicate with the City and Recology regarding the specific objectives of the City Fee audit and the key expenditures review, and send a request for information (RFI) to Recology listing the required documentation and review submittals for mathematical accuracy to confirm compliance with the agreement. As an alternative to, or possibly an addition to the CF Audit, HF&H suggests that the City consider conducting a billing audit to review the revenue generated from customer billings in order to assess the reasonableness and accuracy of the gross rate revenue, as reported by Recology. A billing audit entails review of the current customer subscription data and calculation of actual revenues based on then- current rates followed by testing a limited sample of commercial and residential customer accounts to verify the rates match the current approved rate schedule . Deliverables Performance Review Draft, final draft, and final memos addressing our findings, including reasonableness and comparison to industry standards, and recommendations on any areas for improvement. Recology will have the opportunity to review the findings and recommendations before they are finalized. Supporting documents and data will be made available to the City upon request . HF&H will assist the City in developing a monitoring process and will be available to assist with monitoring Recology's progress towards making needed improvements, as described above . Audit Draft, final draft, and final memos addressing our findings including reasonableness and comparison to industry standards, and recommendations on any areas for improvement. Supporting documents and data will be made available to the City upon request. Fee Estimate The estimated fee for Task 3 is $60,000 ($50,000 for the Performance Review and $10,000 for the Audit). The cost range assumes : • Coordination of Task 3 with the Task 2 Cost-Based Review work provides timing, scope, and cost efficiencies for both tasks . • Recology cooperates with the City and HF&H during the review and audit process, including providing timely and complete responses to information requests . Task 4. Residue Audits Background Achieving the organics disposal reduction goals of SB 1383 requires that organic material be properly sorted and processed into beneficial recovered product. Waste characterizations can play an important role in this process, but often cost hundreds of thousands of dollars . HF&H proposes to work with the City to create a targeted methodo logy(ies) that provides the maximum value at minimized cost. May 20, 2022 Page 13 HF&H Consultants, LLC 195CC 05-07-2024 195 of 266 CC 05-07-2024 195 of 266 City of Cupertino Technical Proposal Solid Waste Consulting Services Proposal SB 1383 requires that jurisdictions conduct contamination monitoring (through route reviews or waste evaluations) and requires certain facilities to conduct evaluations of post-processing residue and recovery efficiency . The City's new franchise agreement delegates these responsibilities to Recology, which is now compensated for services related to contamination monitoring and compliance with facility contamination sampling as follows: • Section 4.2 .C -Recology is required to actively work with the Organic Materials Processing Facility over the term to ensure that contamination of organic materials delivered to the Processing Facility remains below the limits established by applicable law, including SB 1383. • Section 4.2.D-Recology is required to ensure that the organics processing facility and transfer facility comply with SB 1383 incompatible materials limits and sampling requirements. • Section 4.13.1-Recology is required to conduct annual SB 1383 contamination route monitoring. • Exhibit B.4, Section 7 -Recology is required to cooperate with and assist the City with waste characterization studies "at no additional compensation, provided such assistance does not interfere with Contractor's operations and is at no or de minimis cost to Contractor. Such assistance shall include allowing the City and its agents to perform generation and characterization studies at the Approved Transfer Facility at no additional compensation ... Contractor shall work with the City's agents to provide a waste characterization plan for the City's approval that details methods, proposes material types to study, dates and times of studies, and number of sites to study in each sector." Approach HF&H will work with the City, as provided in the SOQ question responses, to conduct sorts of "Cupertino material before it gets commingled and leaves the Recology transfer station to see how much non- compostable material is included and how that compares with the facility-level diversion rates ." Targeted sorts of collected material can help the City identify the most common contaminants, determine if certain sectors or routes have chronic contamination, and determine how City and Recology outreach efforts can best be targeted, etc. HF&H also wants to ensure that sorts expand on, rather than duplicate, the services Recology is already compensated to perform, and will seek to minimize City cost by enlisting Recology assistance as required in Exhibit B-4. HF&H staff will conduct an initial design meeting with City staff to further understand the City's priorities and determine the metrics to be measured, followed by discussion with Recology of what assistance they will provide . Example key questions that will shape project schedule and costs include : • What information is the City looking to gain and what studies will be necessary to capture this information? Sort methodology(ies) need to align with specific goals for the sort, including the types of studies and how each is designed. While factors mentioned below, such as how the number of samples will impact costs, the study design process is in itself one of the more significant costs . For example, should certain sectors (e.g ., single-family or multi-family) be the focus or should all sectors be included? Should specific routes or portions of routes be targeted to measure changes in contamination over time, based on Recology's contamination monitoring? HF&H will help the City consider the interaction between Recology's route reviews and the City's sampling process. The City may wish to verify Recology's results or to select different samples in order to get information not covered in the route audits. • How important is statistical significance? Providing for statistically significant results r equ i res sorting more samples at greater cost. Given the large capital investment involved, facility and collection Ma y 20, 2022 Page 14 HF&H Co nsul ta nts, LLC 196CC 05-07-2024 196 of 266 CC 05-07-2024 196 of 266 City of Cupertino Technical Proposal Solid Waste Consulting Services Proposal program development benefit from statistically significant results. But larger margins of error are more acceptable if the goal is to measure relative amounts of different types of contamination, relative changes in contamination in specific areas of the City over-time, and to target education efforts . While more precision has its benefits, the City should weigh the extent to which increased sampling and associated cost achieves City goals. • How many studies should be conducted and how frequently? For example, the City could conduct a full one-day study or multiple studies over an extended period of time. One study would be more operationally efficient and cost-effective, but less representative of fluctuations over time. In general, HF&H recommends use of several smaller repeats of targeted sorts that allow for assessing change over time. • How will Recology assist? Recology is required, if requested to provide a waste characterization plan for the City's approval, and to assist with the City with waste characterization studies. HF&H will assist the City in determining whether, and in what form, to take advantage of Recology assistance during the design process . HF&H assumes Recology will cooperate with the study, as required by the franchise agreement, including providing one piece of heavy equipment and a licensed operator. • What communication and work/low processes will be needed for the project? Factors such as the number of meetings, whether meetings are virtual or in person, the number of review cycles of work products, and the number of City staff needing to review work products will impact study timing and cost. Based on City direction regarding the above issues, HF&H will design and manage the sort(s) based on the agreed methodology(ies). HF&H will obtain and manage a qualified sort crew, as necessary, to augment HF&H staff, drawing on sources, such as the Conservation Corps and the San Jose State waste management program, supplemented by industry networks and temporary staffing firms. As HF&H's lead staff, Alison and Danielle are experienced in conducting waste characterizations and will supervise daily operations of the crew. HF&H will document and analyze the results of the sort(s) and will compare the results to available Recology data from Recology's contamination route reviews and required State facility reporting. Deliverables: • Documented methodology(ies). • Waste characterization results, with raw data available upon request. • Brief report containing a summary of the sort methodology, characterization and contamination analysis, and summary of findings and recommendations. Fee Estimate Our estimated fee for Task 4 is $25,000 to $50,000, depending on the factors discussed above, including the study design and resulting number of samples, the range of types of required methodologies, and the number of sorts. May 20, 2022 Page 15 HF&H Consultants, LLC 197CC 05-07-2024 197 of 266 CC 05-07-2024 197 of 266 This page intentionally left blank 198CC 05-07-2024 198 of 266 CC 05-07-2024 198 of 266 POLICY NUMBER: OBF-D681476-04 emergency medical technician or paramedic employed by you if you are not engaged in the business or occupation of providing medical, paramedical, surgical, dental, x-ray or nursing services. 6. Personal Injury -Broad Form a. SECTION II -LIABILITY, B. Exclusions, 2. Additional Exclusions Applicable only to "Personal and Advertising Injury", paragraph e. is deleted. b. SECTION II -LIABILITY, F. Liability and Medical Expenses Definitions, 14. "Personal and advertising injury", paragraph b. is replaced by the following: b. Malicious prosecution or abuse of process. c. The following is added to SECTION II - LIABILITY, F. Liability and Medical Expenses Definitions, Definition 14. "Personal and advertising injury": "Discrimination" (unless insurance thereof is prohibited by law) that results in injury to the feelings or reputation of a natural person, but only if such "discrimination" is: (1) Not done intentionally by or at the direction of: (a) The insured; (b) Any officer of the corporation, director, stockholder, partner or member of the insured; and (2) Not directly or indirectly related to an "employee", not to the employment, prospective employment or termination of any person or persons by an insured. d. For purposes of this endorsement, the following definition is added to SECTION II - LIABILITY, F. Liability and Medical Expenses Definitions: 1. "Discrimination" means the unlawful treatment of individuals based upon race, color, ethnic origin, gender, religion, age, or sexual preference. "Discrimination" does not include the unlawful treatment of individuals based upon developmental, physical, cognitive, mental, sensory or emotional impairment or any combination of these. e. This coverage does not apply if liability coverage for "personal and advertising injury" is excluded either by the provisions of the Coverage Form or any endorsement thereto . 7. Product Recall Expense a. SECTION II -LIABILITY, B. Exclusions, 1. Applicable To Business Liability Coverage, !&~Hanover ~ Insurance Group - OBF 0681476 5701751 o. Recall of Products, Work or Impaired Property is replaced by the following: o. Recall of Products, Work or Impaired Property Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: (1) "Your product"; (2) "Your work"; or (3) "Impaired property"; If such product, work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it, but this exclusion does not apply to "product recall expenses" that you incur for the "covered recall" of "your product". However, the exception to the exclusion does not apply to "product recall expenses" resulting from : (4) Failure of any products to accomplish their intended purpose; (5) Breach of warranties of fitness, quality, durability or performance; (6) Loss of customer approval, or any cost incurred to regain customer approval; (7) Redistribution or replacement of "your product" which has been recalled by like products or substitutes; (8) Caprice or whim of the insured; (9) A condition likely to cause loss of which any insured knew or had reason to know at the inception of this insurance; (10)Asbestos, including loss, damage or clean up resulting from asbestos or asbestos containing materials; or (11) Recall of "your products" that have no known or suspected defect solely because a known or suspected defect in another of "your products" has been found. b. The following is added to SECTION II - LIABILITY, C. Who Is An Insured, paragraph 3.b.: "Product recall expense" arising out of any withdrawal or recall that occurred before you acquired or formed the organization . 391-1006 08 16 Includes copyrighted materials of Insurance Services Offices , Inc., with its permission . Page 4 of 6 199CC 05-07-2024 199 of 266 CC 05-07-2024 199 of 266 POLICY NUMBER: OBF-D681476-04 (3) Any physical or chemical change in the product made intentionally by the vendor; (4) Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instruction from the manufacturer, and then repackaged in the original container; (5) Any failure to make such inspection, adjustments, tests or servicing as the vendor has agreed to make or normally 3. undertakes to make in the usual course of business in connection with the sale of the product; (6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or 4. ingredient of any other thing or substance by or for the vendor; (8) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor 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: (a) The exceptions contained within the exclusion in subparagraphs (4) or (6) above; or (b) Such inspections, adjustments, tests or servicing as the vendor 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. (9) "Bodily injury" or "property damage" arising out of an "occurrence" that took place before you have signed the contract or agreement with the vendor. (10)To any person or organization included as an insured by another endorsement issued by us and made part of this Coverage Part. (11)Any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying 5. or containing such products. d. With respect to the insurance afforded to these vendors, the following is added to SECTION II -LIABILITY, D. Liability and Medical Expense Limits of Insurance: The most we will pay on behalf of the vendor for a covered claim is the lesser of the amount of insurance : 1. Required by the contract or agreement described in Paragraph a.; or 2. Available under the applicable Limits of Insurance shown in the Declarations; This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Alienated Premises SECTION II -LIABILITY, B. Exclusions, 1. Applicable To Business Liability Coverage k. Damage to Property, paragraph (2) is replaced by the following : (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises and occurred from hazards that were known by you, or should have reasonably been known by you, at the time the property was transferred or abandoned. Broad Form Property Damage -Borrowed Equipment, Customers Goods, Use of Elevators a. The following is added to SECTION II - LIABILITY, B. Exclusions, 1. Applicable To Business Liability Coverage, k. Damage to Property : Paragraph (4) does not apply to "property damage" to borrowed equipment while at a jobsite and not being used to perform operations. Paragraph (3), (4) and (6) do not apply to "property damage" to "customers goods" while on your premises nor to the use of elevators. b. For the purposes of this endorsement, the following definition is added to SECTION II - LIABILITY, F. Liability and Medical Expenses Definitions: 1. "Customers goods" means property of your customer on your premises for the purpose of being: a. Worked on; or b. Used in your manufacturing process. c. The insurance afforded under this provision is excess over any other valid and collectible property insurance (including deductible) available to the insured whether primary, excess, contingent or on any other basis. Incidental Malpractice -Employed Nurses, EMT's and Paramedics SECTION II -LIABILITY, C. Who Is An Insured, paragraph 2.a.(1)(d) does not apply to a nurse, 391-1006 08 16 Includes copyrighted materials of Insurance Services Offices , Inc ., with its permission . Page 3 of 6 200CC 05-07-2024 200 of 266 CC 05-07-2024 200 of 266 POLICY NUMBER: OBF-O681476-04 c. This provision does not apply: (1) Unless the written contract or written agreement was executed or permit was issued prior to the "bodily injury", "property damage", or "personal i njury and advertising injury". (2) To any person or organization included as an insured by another endorsement issued by us and made part of this Coverage Part. (3) To any lessor of equipment: (a) After the equipment lease expires; or (b) If the "bodily injury", "property damage", "personal and advertising injury" arises out of sole negligence of the lessor. (4) To any : (a) Owners or other interests from whom land has been leased if the "occurrence" takes place or the offense is committed after the lease for the land expires; or (b) Managers or lessors of premises if: (i) The "occurrence" takes place or the offense is committed after you cease to be a tenant in that premises; or (ii) The "bodily injury", "property damage", "personal injury" or "advertising injury" arises out of structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor. (5) To "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision , hiring, employment, training or monitoring of others by that insured , if the "occurrence" which caused the "bodily injury" or "property damage" or the offense which caused the "personal and advertising injury" involved the rendering of or failure to render any professional services by or for you . d. With respect to the insurance affo rded to these additional insureds, the following is added to SECTION II -LIABILITY, D. Liability and Medical Expense Limits of Insurance : !&~Hanover ~ lnsuran ce Group .. OBF 0681476 5701751 The most we will pay on behalf of the additional insured for a covered claim is the lesser of the amount of insurance : 1. Required by the contract, agreement or permit described in Paragraph a.; or 2. Available under the applicable Limits of Insurance shown in the Declarations. This endorsement shall not i ncrease the applicable Limits of Insurance shown in the Declarat ions e. All other insuring agreements, exclusions, and conditions of the policy apply. 2. Additional Insured -Broad Form Vendors The following is added to SECTION II - LIABILITY, C. Who Is An Insured: Additional Insured -Broad Form Vendors a. Any person or organization that is a vendor with whom you agreed i n a written contract or written agreement to include as an additiona l insured under this Coverage Part is an insured, but only with respect to liability for "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business. b. The insurance afforded to such vendor described above : (1) Only applies to the extent permitted by law; (2) Will not be broader than the insurance which you are required by the contract or agreement to provide for such vendor; (3) Will not be broader than coverage provided to any other insured; and (4) Does not apply if the "bodily injury", "property damage" or "personal and advertising injury" is otherwise excluded from coverage under this Coverage Part , i ncluding any endorsements thereto c. With respect to insurance afforded to such vendors , the following additional exclusions apply: The insurance afforded to the vendor does not apply to: (1) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reasons of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement; (2) Any express warranty unauthoriz ed by you ; 391-1006 08 16 Incl ud es copyrighted mate ria ls of In sura nce Serv ices Offices, Inc ., wit h its pe rmi ssion . Page 2 of 6 201CC 05-07-2024 201 of 266 CC 05-07-2024 201 of 266 POLICY NUMBER: OBF-D681476-04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESSOWNERS LIABILITY SPECIAL BROADENING ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SUMMARY OF COVERAGES Limits Page 1. Additional Insured by Contract, Agreement or Permit Included 1 2. Additional Insured -Broad Form Vendors Included 2 3. Alienated Premises Included 3 4. Broad Form Property Damage -Borrowed Equipment, Customers Included 3 Goods and Use of Elevators 5. Incidental Malpractice (Employed Nurses, EMT's and Paramedics) Included 3 6. Personal and Advertising Injury -Broad Form Included 4 7. Product Recall Expense Included 4 Product Recall Expense Each Occurrence Limit $25,000 5 Occurrence Product Recall Expense Aggregate Limit $50,000 5 Aggregate Product Recall Deductible $500 5 8. Unintentional Failure to Disclose Hazards Included 6 9. Unintentional Failure to Notify Included 6 This endorsement amends coverages provided under the Businessowners Coverage Form through new coverages and broader coverage grants. This coverage is subject to the provisions applicable to the Businessowners Coverage Form, except as provided below. The following changes are made to SECTION II - LIABILITY: 1. Additional Insured by Contract, Agreement or Permit The following is added to SECTION II - LIABILITY, C. Who Is An Insured: Additional Insured by Contract, Agreement or Permit a. Any person or organization with whom you agreed in a written contract, written agreement or permit to add such person or organization as an additional insured on your policy is an additional insured only with respect to liability for "bodily injury", "property damage", or "personal and advertising injury" caused, in whole or in part, by your acts or omissions , or the acts or omissions of those acting on your behalf, but only with respect to: (1) "Your work" for the additional insured(s) designated in the contract, agreement or permit; (2) Premises you own, rent, lease or occupy; or (3) Your maintenance, operation or use of equipment leased to you. b. The insurance afforded to such additional insured described above : (1) Only applies to the extent permitted by law; and (2) Will not be broader than the insurance which you are required by the contract, agreement or permit to provide for such additional insured. (3) Applies on a primary basis if that is required by the written contract, written agreement or permit. (4) Will not be broader than coverage provided to any other insured. (5) Does not apply if the "bodily injury", "property damage" or "personal and advertising injury" is otherwise excluded from coverage under this Coverage Part, including any endorsements thereto. -------------------------------- 391-1006 08 16 Includes copyrighted materials of Insurance Services Offices, Inc ., with its perm is sion . Page 1 of 6 202CC 05-07-2024 202 of 266 CC 05-07-2024 202 of 266 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 06/28/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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). PRODUCER ~~~1~CT Holly Alessi Newfront Insurance Services, LLC r.~~N.t E•II: (415) 754-3635 I FAX IA/C Nol : 450 Sansome Street ~t1DA~~ss, holly.alessi@newfront.com Suite 300 INSURERCS\ AFFORDING COVERAGE NAIC# San Francisco CA 94111 INSURER A: Citizens Ins Co of America 31534 INSURED INSURER B: Hartford Casualty Ins Co 29424 HF&H Consultants, LLC INSURERC: Gemini Insurance Company 10833 INSURER D: Hudson Excess Insurance Co 14484 590 Ygnacio Valley Rd . Suite 105 INSURER E: Walnut Creek CA 94596 INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE ,.,c:n WVD POLICY NUMBER CMM/DD/YYYY\ CMM/DD/YYYYl LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 -□ CLAIMS-MADE [8J OCCUR DAMAGE Tu RENTED PREMISES /Ea occurrence) $ 1,000,000 MED EXP (Any one person) $ 10,000 - A X X OBF-D6814 76-04 09/06/2021 09/06/2022 PERSONAL & ADV INJURY $ 2,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 ~ □PRO-□LOG PRODUCTS -COMP/OP AGG 3,000,000 POLICY JECT $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 /Ea accident\ - ANY AUTO BODILY INJURY (Per person) $ f--ALL OWNED -SCHEDULED A OBF-D681476-04 09/06/2021 09/06/2022 BODILY INJURY (Per accident) $ f--AUTOS AUTOS X X NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS /Per accident\ f--f-- $ X UMBRELLA LIAB ~ OCCUR EACH OCCURRENCE $ 3,000,000 f-- A EXCESS LIAB CLAIMS-MADE X X OBF-D681476-04 09/06/2021 09/06/2022 AGGREGATE $ 3 ,000,000 OED I I RETENTION $ $ WORKERS COMPENSATION XI ~-\%uTE I I OTH- AND EMPLOYERS' LIABILITY ER YIN B ANYPROPRIETOR/PARTNER/EXECUTIVE □ X E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A 57WECZR5765 09/06/2021 09/06/2022 (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $ 1,000,000 If yes, describe under E.L. DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS below C Errors and Omissions VNPL008121 09/06/2021 09/06/2022 Each claim: $2,000,000 General aggregate : $2,000,000 Claims-made Deductible: $10.000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) (Insurer D) -Cyber Liability-CYB-3015118-00 -(03/31/2021 -09/06/2022)-Each Claim: $1,000,000. The City of Cupertino, its City Council, officers, officials, employees, agents , servants and volunteers is included as an additional insured as required by a written contract with respect to General Liability. Coverage is Primary and Non-Contributory. Waiver of subrogation applies in favor of the certificate holder with respect to General Liability and Workers Compensation. Umbrella Follows Form. Notice of Cancellation form #IL 00 17 11 98 applies with respect to the General Liability policy. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Cupertino THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 1'? I 10300 Torre Ave Cupertino CA 95014 ~Z,,-.,,1.-- I I © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD 203CC 05-07-2024 203 of 266 CC 05-07-2024 203 of 266 available, through the addition of both CG 20 I 0, 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 IO 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" orbetter. 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 duringthe 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. Insurance Requirements for Professional/Specialized Services Version: Sept. 2019 Agreement 204CC 05-07-2024 204 of 266 CC 05-07-2024 204 of 266 EXHIBITC Insurance Requirements Professional/Specialized Services Agreement 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 0001 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 ariy 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 IO 11 85 or if not Insurance Requirements for Professional/Specialized Services Version: Sept. 2019 Agreement 205CC 05-07-2024 205 of 266 CC 05-07-2024 205 of 266 CITY OF CUPERTINO ExhibitB MASTER AGREEMENT CONSULTANT SERVICES SERVICE ORDER NO. MASTER AGREEMENT #: MA Date: Maximum Compensation: MA End Date: Consultant: Firm Name: Address: Contact: Ph: Email Address: 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 : Master Agreement Maximum Compensation: ----------- Total Previously Encumbered to Date: ----------- Encumbrance this Service Order: ----------- Master Agreement Unencumbered Balance: ----------- SO Acc't #: PO#: Project#: Date: Approvals: Consultant: Date: CIP Manager: 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: --------------- Man age men t Analyst City of Cupertino Master Agreement Service Order 206CC 05-07-2024 206 of 266 CC 05-07-2024 206 of 266 POLICY NUMBER: OBF-D681476-04 c. The following is added to SECTION II - LIABILITY, D. Liability and Medical Expenses Limits of Insurance: Product Recall Expense Limits of Insurance a. The Limits of Insurance shown in the SUMMARY OF COVERAGES of this endorsement and the rules stated below fix the most that we will pay under this Product Recall Expense Coverage regardless of the number of: (1) Insureds; (2) "Covered Recalls" initiated; or (3) Number of "your products" withdrawn. b. The Product Recall Expense Aggregate Limit is the most that we will reimburse you for the sum of all "product recall expenses" incurred for all "covered recalls" initiated during the policy period. c. The Product Recall Each Occurrence Limit is the most we will pay in connection with any one defect or deficiency. d. All "product recall expenses" in connection with substantially the same general harmful condition will be deemed to arise out of the same defect or deficiency and considered one "occurrence". e. Any amount reimbursed for "product recall expenses" in connection with any one "occurrence" will reduce the amount of the Product Recall Expense Aggregate Limit available for reimbursement of "product recall expenses" in connection with any other defect or deficiency. f . If the Product Recall Expense Aggregate Limit has been reduced by reimbursement of "product recall expenses" to an amount that is less than the Product Recall Expense Each Occurrence Limit, the remaining Aggregate Limit is the most that will be available for reimbursement of "product recall expenses" in connection with any other defect or deficiency. g. Product Recall Deductible We will only pay for the amount of "product recall expenses" which are in excess of the $500 Product Recall Deductible. The Product Recall Deductible applies separately to each "covered recall". The limits of insurance will not be reduced by the amount of this deductible. We may , or will if required by law , pay all or any part of any deductible amount, if applicable . Upon notice of our payment of a deductible amount, you shall promptly reimburse us for the part of the deductible amount we paid. The Product Recall Expense Limits of Insurance apply separately to each consecutive annual period and to any remaining period of less than 12 months , starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for the purposes of determining the Limits of Insurance. d. The following is added to SECTION II - LIABILITY, E. Liability and Medical Expense General Conditions, 2. Duties in the Event of Occurrence, Offense, Claim or Suit: You must see to it that the following are done in the event of an actual or anticipated "covered recall" that may result in "product recall expense": (1) Give us prompt notice of any discovery or notification that "your product" must be withdrawn or recalled . Include a description of "your product" and the reason for the withdrawal or recall ; (2) Cease any further release , shipment , consignment or any other method of distribution of like or similar products until it has been determined that all such products are free from defects that could be a cause of loss under this insurance. e. For the purposs of this endorsement, the following definitions are added to SECTION II -LIABILITY, F. Liability and Medical Expenses Definitions: 1. "Covered recall" means a recall made necessary because you or a government body has determined that a known or suspected defect, deficiency, inadequacy, or dangerous condition in "your product" has resulted or will result in "bodily injury" or "property damage". 2. "Product recall expense(s)" means: a. Necessary and reasonable expenses for : (1) Communicat ions, including radio or television announcements or printed advertisements including stationary, envelopes and postage; 391-1006 08 16 Includes copyright ed materials of Insuran ce Servi ces Offices , Inc ., with its perm ission . Page 5 of 6 207CC 05-07-2024 207 of 266 CC 05-07-2024 207 of 266 POLICY NUMBER: OBF-D681476-04 f. (2) Shipping the recalled products from any purchaser, distributor or user to the place or places designated by you; (3) Remuneration paid to your regular "employees" for necessary overtime; (4) Hiring additional persons, other than your regular "employees"; (5) Expenses incurred by "employees" 8• including transportation and accommodations; (6) Expenses to rent additional warehouse or storage space; (7) Disposal of "your product", but only to the extent that specific methods of destruction other than those employed for trash discarding or disposal are 9. required to avoid "bodily injury" or "property damage" as a result of such disposal, you incur exclusively for the purpose of recalling "your product"; and b. Your lost profit resulting from such "covered recall". This Product Recall Expense Coverage does not apply : !&~Hanover ~ Jnsurance Group - OBF 0681476 5701751 (1) If the "products -completed operations hazard" is excluded from coverage under this Coverage Part including any endorsement thereto; or (2) To "product recall expense" arising out of any of "your products" that are otherwise excluded from coverage under this Coverage Part including endorsements thereto. Unintentional Failure to Disclose Hazards The following is added to SECTION II - LIABILITY, E. Liability and Medical Expenses General Conditions: Representations We will not disclaim coverage under this Coverage Part if you fail to disclose all hazards ex isting as of the inception date of the policy provided such failure is not intentional. Unintentional Failure to Notify The following is added to SECTION II - LIABILITY, E. Liability and Medical Expenses General Conditions, 2. Duties in the Event of Occurrence, Offense, Claim or Suit: Your rights afforded under this Coverage Part shall not be prejudiced if you fail to give us notice of an "occurrence", offense, claim or "suit", solely due to your reasonable and documented belief that the "bodily injury", "property damage" or "personal and advertising injury" is not covered under this Policy. ALL OTHER TERMS, CONDITIONS, AND EXCLUSIONS REMAIN UNCHANGED. 391-1006 08 16 Includes copyrighted materials of Insurance Services Offices , Inc ., with its permission. Page 6 of 6 208CC 05-07-2024 208 of 266 CC 05-07-2024 208 of 266 POLICY NUMBER: OBF-O681476-04 1. SECTION I -PROPERTY, if two or more of this coverage part's coverages apply to the same loss or damage, we will not pay more than the actual amount of the loss or damage. 2. SECTION II -LIABILITY, it is our stated intent that the various Coverage Parts, forms, endorsements or policies issued to the named insured by us, or any company affiliated with us, do not provide any duplication or overlap of coverage for the same claim, "suit", "occurrence", offense, accident, "wrongful act" or loss. We will not pay more than the actual amount of the loss or damage. If this Coverage Part and any other Coverage Part, form, endorsement or policy issued to the named insured by us, or any company affiliated with us, apply to the same claim, "suit", occurrence, offense, accident, "wrongful act" or loss, the maximum Limit of Insurance under all such Coverage Parts, forms, endorsements or policies combined shall not exceed the highest applicable Limit of Insurance under any one Coverage Part, form, endorsement or policy. This condition does not apply to any Excess or Umbrella Policy issued by us specifically to apply as excess insurance over this policy. G. Liberalization If we adopt any revision that would broaden the coverage under this policy without additional premium within 45 days prior to or during the policy period, the broadened coverage will immediately apply to this policy. H. Other Insurance 1. SECTION I -PROPERTY If there is other insurance covering the same loss or damage, we will pay only for the amount of covered loss or damage in excess of the amount due from that other insurance, whether you can collect on it or not. But, we will not pay more than the applicable Limit of Insurance of SECTION I -PROPERTY. 2. SECTION II -LIABILITY If other valid and collectible insurance is available to the insured for a loss we cover under SECTION II -LIABILITY, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when paragraph b. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary . Then, we will share with all that other insurance by the method described in paragraph c. below . !&~Hanover ~ Insurance Group .. OBFD681476 5701751 However, if you agree in a written contract, written agreement, or written permit that the insurance provided to any person or organization included as an Additional Insured under this Coverage Part is primary and non-contributory, we will not seek contribution from any other insurance available to that Additional Insured which covers the Additional Insured as a Named Insured except: (1) For the sole negligence of the Additional Insured; or (2) When the Additional Insured is an Additional Insured under another liability policy . b. Excess Insurance This insurance is excess over: (1) Any of the other insurance, whether primary, excess, contingent or on any other basis: (a) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (b) That is Property Insurance for premises rented to you or temporarily occupied by you with permission of the owner; (c) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; or (d) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to SECTION II -LIABILITY, Exclusion g. Aircraft, Auto or Watercraft; and (2) Any other primary insurance available to you covering liability for damages arising out of the premises or operations, or the products and completed operations, for which you have been added as an additional insured by attachment of an endorsement. When this insurance is excess, we will have no duty under SECTION II - LIABILITY to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so , but we will be entitled to the 391-1003 08 16 Includes copyrighted material of Insurance Services Office , Inc ., with its permission . Page 79 of 81 209CC 05-07-2024 209 of 266 CC 05-07-2024 209 of 266 POLICY NUMBER: OBF-O681476-04 insured's rights against all those other insurers. c. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self-insured amounts under all that other insurance. d. We will share the remaining loss, if any, with any other insurance that is not described in this provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations for this Coverage. e. Method of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable Limit of Insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable Limit of Insurance to the total applicable limits of insurance of all insurers. f. When this insurance is excess, we will have no duty under Business Liability Coverage to defend any claim or "suit" that any other insurer has a duty to defend. If no other insurer defends, we will undertake to do so; but we will be entitled to the insured's rights against all those other insurers . I. Premiums 1. The first Named Insured shown in the Declarations: a. Is responsible for the payment of all premiums; and b. Will be the payee for any return premiums we pay. 2. The premium shown in the Declarations was computed based on rates in effect at the time the policy was issued. On each renewal, continuation or anniversary of the effective date of this policy , we will compute the premium in accordance with our rates and rules then in effect. 3. With our consent, you may continue this policy in force by paying a continuation premium for each successive one-year period. The premium must be: a. Paid to us prior to the anniversary date; and b. Determined in accordance with paragraph 2. above. Our forms then in effect will apply. If you do not pay the continuation premium, this policy will expire on the first anniversary date that we have not received the premium. 4. Undeclared exposures or change in your business operation, acquisition or use of locations may occur during the policy period that is not shown in the Declarations. If so, we may require an additional premium. That premium will be determined in accordance with our rates and rules then in effect. J. Premium Audit 1. This policy is subject to audit if a premium designated as an advance premium is shown in the Declarations. We will compute the final premium due when we determine your actual exposures. 2. Premium shown in this policy as advance premium is a deposit premium only. At the close of each audit period, we will compute the earned premium for that period and send notice to the first Named Insured . The due date for audit premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. 3. The first Named Insured must keep records of the information we need for premium computation and send us copies at such times as we may request. K. Transfer of Rights of Recovery Against Others to Us 1. Appl i cable to SECTION I -PROPERTY Coverage: If any person or organization to or for whom we make payment under this policy has rights to recover damages from another, those rights are transferred to us to the extent of our payment. That person or organization must do everything necessary to secure our rights and must do nothing after loss to impair them. But you may waive your rights against another party in writing : 391-1003 0816 Includes copyrighted material of Insurance Services Office , In c., with its permission . Page 80 of 81 210CC 05-07-2024 210 of 266 CC 05-07-2024 210 of 266 POLICY NUMBER: OBF-0681476-04 a. Prior to a loss to your Covered Property. b. After a loss to your Covered Property only if, at time of loss, that party is one of the following : (1) Someone insured by this insurance; (2) A business firm: (a) Owned or controlled by you; or (b) That owns or controls you; or (3) Your tenant. You may also accept the usual bills of lading or shipping receipts limiting the liability of carriers. This will not restrict your insurance. 2. Applicable to SECTION II -LIABILITY Coverage: If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair such rights. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. ~~Hanover ~ Insurance Group - OBF D681476 5701751 We waive any right of recovery we may have against any person or organization with whom you have a written contract, permit or agreement to waive any rights of recovery against such person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard". This condition does not apply to Medical Expenses Coverage. L. Transfer of Your Rights and Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual Named Insured. If you die, your rights and duties will be transferred to your legal representative but only while that legal representative is acting within the scope of their duties as your legal representative. Until your legal representative is appointed, anyone with proper temporary custody of your property will have your rights and duties but only with respect to that property. 391-1003 08 16 Includes copyrighted material of Insurance Services Office , Inc ., with its permission. Page 81 of 81 211CC 05-07-2024 211 of 266 CC 05-07-2024 211 of 266 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA Policy Number: 57 WEC ZR5765 Endorsement Number: Effective Date: 09/06/21 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: HF&H CONSULTANTS LLC 201 N CIVIC DR STE 230 WALNUT CREEK CA 94596 We have the right to recover our payments from anyone l iable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration . SCHEDULE Person or Organization Job Description Any person or organization for whom you are required by written contract or agreement to obtain this waiver of rights from us Countersigned by ...;_===========;;-A-u;-;:tn==o::::;nz:::::e::::;;:::;;;;::;:ep:;::r;;;;e;::;:se===n=;:ta:::;t;;::1v;::=e=----- Form WC 04 03 06 (1) Printed in U.S.A. Process Date: 07/28/21 Policy Expiration Date : 09/06/22 212CC 05-07-2024 212 of 266 CC 05-07-2024 212 of 266 POLICY NUMBER: OBF-D681476-04 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation 1. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. 2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least: a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium; or b. 30 days before the effective date of cancellation if we cancel for any other reason. 3. We will mail or deliver our not ice to the first Named lnsured's last mailing address known to us . 4. Notice of cancellation will state the effective date of cancellation . The policy period will end on that date. 5. If this policy is cancelled, we will send the first Named Insured any premium refund due . If we cancel , the refund will be pro rata. If the first Named Insured cancels , the refund may be less than pro rata . The cancellation will be effective even if we have not made or offered a refund . 6. If notice is mailed, proof of mailing will be sufficient proof of notice. B. Changes This policy contains all the agreements between you and us concerning the insurance afforded . The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. C. Examination Of Your Books And Records We may examine and audit your books and records as they relate to t his policy at any time during the policy period and up to three years afterward . D. Inspections And Surveys 1. We have the right to : a. Make inspections and surveys at an y t i me ; b. Give you reports on the conditions we find; and c. Recommend changes . 2. We are not obligated to make any inspections, surveys , reports or recommendations and any such actions we do undertake relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public . And we do not warrant that conditions: a. Are safe or healthful ; or b. Comply with laws , regulations , codes or standards . 3. Paragraphs 1. and 2. of this condition apply not only to us, but also to any rating, advisory, rate service or similar organization which makes insurance inspections, surveys, reports or recommendations . 4. Paragraph 2. of this condition does not apply to any inspections, surveys, reports or recommendations we may make relative to certification, under state or municipal statutes, ordinances or regulations , of boilers, pressure vessels or elevators. E. Premiums The first Named Insured shown in the Declarations: 1. Is responsible for the payment of all premiums ; and 2. Will be the payee for any return premiums we pay . F. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured . If you die , your rights and dut ies will be transferred to your legal representative but only while acting within the scope of duties as your legal representative . Until you r legal representative is appo inted , anyone having proper temporary custody of your property will have your rights and duties bu t only w ith respect to that property . IL 00 1711 98 Copyr ight , Insu ra nc e Se rv ices Offi ce , Inc ., 1998 Page 1 of 1 213CC 05-07-2024 213 of 266 CC 05-07-2024 213 of 266 214CC 05-07-2024 214 of 266 CC 05-07-2024 214 of 266 Attachment C RESOLUTION NO. 24-XXX A RESOLUTION OF THE CUPERTINO CITY COUNCIL AMENDING THE OPERATING BUDGET FOR FISCAL YEAR 2023-24 BY APPROPRIATING, TRANSFERRING, AND UNAPPROPRIATING MONIES FOR SPECIFIED FUNDS WHEREAS, the orderly administration of municipal government depends on a sound fiscal policy of maintaining a proper ratio of expenditures within anticipated revenues and available monies; and WHEREAS, accomplishing City Council directives, projects and programs, and performing staff duties and responsibilities likewise depends on the monies available for that purpose; and WHEREAS, the City Manager has determined that the balances from the funds specified in this resolution are adequate to cover the proposed amended appropriations, and therefore recommends the fund reallocations described herein. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve the recommended fund reallocations and ratifies the attached amended appropriations as set forth in Exhibit A. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 7th day of May 2024, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: SIGNED: ________ Sheila Mohan, Mayor City of Cupertino ________________________ Date ATTEST: ________________________ Kirsten Squarcia, City Clerk ________________________ Date 215CC 05-07-2024 215 of 266 CC 05-07-2024 215 of 266 Attachment C Exhibit A Appropriation Amendment by Fund Appropriation Amendment Revenue Amendment Fund Balance (Use of) Resource Recovery (520) 80,000 - (80,000) Total Appropriation Amendment All Funds $80,000 $- $(80,000) 216CC 05-07-2024 216 of 266 CC 05-07-2024 216 of 266 CITY OF CUPERTINO Agenda Item 24-13084 Agenda Date: 5/7/2024 Agenda #: 9. Subject: Fiscal Year 2024-25 Fee Schedule (continued from April 16, 2024) Continue the item to May 14, 2024 CITY OF CUPERTINO Printed on 5/1/2024Page 1 of 1 powered by Legistar™217CC 05-07-2024 217 of 266 CC 05-07-2024 217 of 266 CITY OF CUPERTINO Agenda Item 24-12962 Agenda Date: 5/7/2024 Agenda #: 10. Subject:2024 Legislative Update Receive an overview of pending legislation and direct staff to prepare and send letters taking positions on the following: 1) Bay Area Affordable Housing Measure (BAHFA) - Affordable Housing 2) Assembly Bill (AB) 1779 (Irwin) - Public Safety 3) Senate Bill (SB) 1143 (Allen) - Environmental - Waste Management Presenters: Tina Kapoor, Deputy City Manager and Gonsalves and Son CITY OF CUPERTINO Printed on 5/1/2024Page 1 of 1 powered by Legistar™218CC 05-07-2024 218 of 266 CC 05-07-2024 218 of 266 CITY COUNCIL STAFF REPORT Meeting: May 7, 2024 Subject 2024 Legislative Update Recommended Action Receive an overview of pending legislation and direct staff to prepare and send letters taking positions on the following: 1) Bay Area Affordable Housing Measure (BAHFA) – Affordable Housing 2) AB 1779 (Irwin) – Public Safety 3) SB 1143 (Allen) – Environmental – Waste Management Reasons for Recommendation Background At the January 17 City Council meeting, Council received an informational memo1 outlining the 2024 Legislative Process and the following priorities that were proposed based on Council-adopted goals focusing on the most critical City needs: The City will support legislation that: 1. Helps Cupertino build a fiscally sustainable and resilient community. 2. Furthers the health and wellbeing of Cupertino community members and enhances public engagement and transparency. 3. Promotes Cupertino’s infrastructure needs. The Legislative Process includes a three-step approach that is strategically timed to coincide with key milestones in the legislative cycle: 1 https://cupertino.legistar.com/LegislationDetail.aspx?ID=6464059&GUID=9AB54CFC -E992- 4298-93FC-21D167AC15AC&Options=&Search= 219CC 05-07-2024 219 of 266 CC 05-07-2024 219 of 266 2 The January informational memorandum focused on Step One of the process. Staff has continued to coordinate with the City’s Lobbyist to monitor and research pending legislation. This report focuses on Step Two in the legislative process and provides Council an opportunity to consider legislation prior to important committee deadlines2. The City Manager’s Office and the City Attorney’s Office have reviewed and identified bills of interest for Cupertino for Council consideration. 2024 Legislative Update and Trends This year, the Legislature introduced 2,295 new bills, which includes 1,593 in the Assembly and 702 in the Senate. The Legislature has emphasized public safety bills to reduce crime and theft to residents and businesses. In addition, climate and housing initiatives that aim to improve the quality of life for all California residents remain a top priority for the Legislature this year. The City’s Lobbyist prepared an overview of the 2024 Legislative Session with additional information, which can be found in Attachment A. Bills of Interest Each year, staff consolidates a list of bills identified by the City’s Lobbyist and groups such as Cal Cities, SCC legislative coordinators, MTC, ABAG, Valley Water, Mid Pen Housing, and others. The full list can be found in Attachment B and includes a summary of the legislation and staff recommendations for each. Staff has further narrowed down the list by following the 2024 Legislative Priorities established in January and as outlined above, aligning with the Council-adopted goals of Public Engagement and Transparency, Transportation, Housing, Sustainability & Fiscal Strategy, and Quality of Life. The League of California Cities represents a strong lobbying voice. Staff recommends continuing to rely on their representation for much of the legislation that develops. Where legislation has specific interest or impacts in Cupertino, the City may want to establish a position. The approach in assessing legislation has been to take a limited number of positions to maximize the impact when a position is taken. 2 https://www.senate.ca.gov/system/files/2024-04/final-agreed-2024-legislative-calendar.pdf Step One Jan/Feb Step Two April/May Step Three Sept/Oct Provide an overview of upcoming legislation and potential activities as they align with Council priorities. Gather council input on pending legislation that have the potential to impact Cupertino. Present an overview of significant actions when the legislative session has ended. 220CC 05-07-2024 220 of 266 CC 05-07-2024 220 of 266 3 Staff recommends that the City Council consider supporting the following bills which are aligned with the 2024 Strategic Legislative Priorities and encompass the City’s three major focus areas: Affordable Housing, Public Safety, and Environmental Programs. 1) Affordable Housing Staff recommendation – Support Bay Area Affordable Housing Measure (BAHFA)3 o Summary: This regional bond measure aims to generate $10-$20 billion to build approximately 72,000 new affordable homes. 80% of the bond revenue will go directly to the nine bay area counties and four cities-San Jose, Oakland, Santa Rosa, and Napa. The remaining 20% of the bond revenue will be invested in affordable developments throughout the region, while also generating new housing resources to support affordable housing development long after the bonds are fully spent. o Potential Impact: If approved, Cupertino could potentially receive funding through Santa Clara County. The County’s allocation is estimated4 as follows: o $1.2B if the bond is $10B o $2.4B if the bond is $20B The Bay Area Housing Finance Authority (BAHFA) will determine the final value of the bond ($10 billion or $20 billion) on May 22. o Support: The Bay Area Housing Finance Authority (BAHFA) is proposing this measure. BAHFA is governed by the BAHFA board, composed of the same members as the Metropolitan Transportation Commission and the Association of Bay Area Governments’ Executive Board. This measure is regionally supported. o Oppose: None as of May 1, 2024 2) Public Safety – Retail Theft Staff Recommendation - Support AB 1779 (Irwin)5 o Summary: Current law defines types of theft, including petty theft, grand theft, and shoplifting. Current law also defines the crimes of robbery and jurisdictionally limits prosecution of each type of theft to criminal actions brought by the Attorney General. This bill would remove the jurisdictional limitations and expand the coordination and abilities of District Attorneys to work together to prosecute theft offenses that occur in several counties throughout several counties. 3 https://mtc.ca.gov/about-mtc/authorities/bay-area-housing-finance-authority/bay-area- affordable-housing-bond 4 https://mtcdrive.app.box.com/s/xufy2s22g57cqney761ukvt35jfdddog 5https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240AB2943 221CC 05-07-2024 221 of 266 CC 05-07-2024 221 of 266 4 o Potential Impact: In Cupertino, retail stores like Target have been victims of retail theft crimes. This bill aims to hold offenders accountable through a streamlined regional effort. o Support: California Correctional Supervisors Organization, INC., California District Attorneys Association, California State Sheriffs' Association, Chief Probation Officers' of California (CPOC), City of Santa Clarita, League of California Cities, Peace Officers Research Association of California (PORAC), San Diego County District Attorney's Office, Valley Industry and Commerce Association (VICA), Ventura County Office of The District Attorney Oppose: Communities United for Restorative Youth Justice (CURYJ), Ella Baker Center for Human Rights, Initiate Justice, Initiate Justice Action, LA Defensa 3) Environmental – Waste Management SB 1143 (Allen)6 Staff Recommendation - Support o Summary: This bill would establish an extended producer responsibility (EPR) program for Household Hazardous Waste (HHW) to set up a system where producers of the HHW products would be responsible for paying for proper disposal. SB 1143 would establish an EPR program for California’s HHW collection and management system, just like for single- use plastics. o Potential Impact: Under the bill, cities would be reimbursed for the costs of running and bolstering HHW programs. The City currently has funding to participate in the County’s HHW program for the next 3-4 years. This bill could bring in direct funds to offset the future costs for the City to continue participating in this program. o Support: National Stewardship Action Council (sponsor), 5 Gyres Institute, 7th Generation Advisors, Ban Single Use Plastic, California Association of Environmental Health Administrators, California Environmental Voters, California Rural Legal Assistance Foundation, California Teamsters Public Affairs Council, California Waste Recovery System, Californians Against Waste, Californians for Pesticide Reform, Center for Biological Diversity, Center for Farmworker Families, Center on Race, Poverty & the Environment, Central California Environmental Justice Network, City of Santa Barbara, Clean Water Action, Cleanearth4kids.org, Climate Reality Project, California Coalition, County of Los Angeles Board of Supervisors, Environmental Working Group, Friends of The Earth, Greenwaste Recovery, Heal the Bay, League of California Cities, Marin Sanitary Service, Napa Recycling and Waste 6 https://leginfo.legislature.ca.gov/faces/billStatusClient.xhtml?bill_id=202320240SB1143 222CC 05-07-2024 222 of 266 CC 05-07-2024 222 of 266 5 Services, Pesticide Action Network, Physicians for Social Responsibility - Los Angeles, Product Stewardship Institute, Republic Services - Western Region, Resource Recovery Coalition of California, Rethinkwaste, Rural County Representatives of California, Sea Hugger, Sierra Club California, Story of Stuff Project, Town of Truckee, Turtle Island Restoration Foundation, Universal Service Recycling, Inc., Valley Improvement Projects, Worthington Industries, Zero Waste Marin Joint Powers Authority, Zero Waste Sonoma, Zero Waste USA Oppose: American Chemistry Council, American Cleaning Institute, Cal CIMA, California Chamber of Commerce, California Manufacturers & Technology Association, Can Manufacturers Institute, Household and Commercial Products Association, Industrial Environmental Association, National Aerosol Association, Industry for A Sound Environment, Western Aerosol Information Bureau, Western Plant Health Association Other Priority Legislation In addition to the bills outlined above, the City took a position on Initiative No. 21- 0042A, sponsored by California Business Roundtable (CBRT), titled “Taxpayer Protection and Government Accountability Act”, opposing the legislation in December 2021 and again in March 2023. Looking ahead Throughout the legislative cycle, Staff will maintain a focused list of legislative activities that are pertinent to Cupertino, which can be viewed at cupertino.org/legislation. This list is updated monthly. Councilmembers may request that staff consider other bills of interest throughout the legislative session on an as-needed basis. Staff will research the additional bills and determine the relevancy and level of impact on the City. As part of the next and final step (Step 3) in the 2024 Legislative Process, Staff will present an overview of significant actions when the legislative session has ended, highlighting relevant bills signed into law by the Governor. Sustainability Impact No sustainability impact. Fiscal Impact No fiscal impact. California Environmental Quality Act Not Applicable. Prepared by: Astrid Robles, Senior Management Analyst Tina Kapoor, Deputy City Manager 223CC 05-07-2024 223 of 266 CC 05-07-2024 223 of 266 6 Reviewed by: Matt Morley, Assistant City Manager Chris Jensen, City Attorney Approved for Submission by: Pamela Wu, City Manager Attachments: A – Legislative Update B – 2024 State Measures and Bills of Interest 224CC 05-07-2024 224 of 266 CC 05-07-2024 224 of 266 ATTACHMENT A 1 TO: City of Cupertino FROM: Anthony, Jason & Paul Gonsalves SUBJECT: 2024 Legislative Update DATE: Tuesday, May 7, 2024 _____________________________________________________________________________________ The Legislature returned from interim recess on January 3, 2024, to start the second half of the 2023‐24 Legislative Session. The 2024 Legislative Session has brought a lot of change to the Legislature. There’s change in Legislative leadership from previous sessions, change in Chairs and Members of committees from previous sessions, change in the State’s budget forecasts, and change in future legislative representation. Legislators had until February 16, 2024, to introduce new bills in the second year of the 2‐year Legislative Session. This year, the Legislature introduced 2,295 new bills, which includes 1,593 in the Assembly and 702 in the Senate. All bills are required to be in print for 30 days before they can be heard in Committee, which pushed most of the new bills to the middle of March or early April before they are heard in their first policy Committee. On March 21, 2024, the Legislature left Sacramento for its week‐long Spring Recess. They returned to a busy capitol on April 1, 2024. April is typically one of the busiest times of the year in the Legislature since most of the several thousand bills introduced at the beginning of the year have yet to be heard in policy committees. As such, the month is packed full of hearings and meetings as legislators sort through the bills and lobbyists meet with legislators in advance of those hearings. LEADERSHIP CHANGES Former Assembly Speaker, Anthony Rendon, and current President Pro Tem of the Senate, Toni Atkins, are both in their last year of office due to term limits. Because of this, both houses elected new leaders. Assembly Assembly Speaker, Robert Rivas, took over for former Assembly Speaker Anthony Rendon during the final weeks of the 2023 session. His influence is now taking shape and growing in the 2024 Legislative Session. Speaker Rivas has installed many new Committee Chairs and has appointed dozens of new Members to Committees. One early, and notable, change is that Speaker Rivas has directed Committee Chairs to allow all bills referred to Committee to be eligible for a hearing in that Committee, if the author of the bill so chooses. While this changes from the policy of the previous Speaker, who had allowed Chairs to simply decide whether a bill deserved a hearing or not, it is actually a return to long‐ 225CC 05-07-2024 225 of 266 CC 05-07-2024 225 of 266 ATTACHMENT A 2 standing procedures of the Legislature whereby the authors could decide whether their bill is set for a hearing or not. Senate Late in the 2023 Legislative Session, the Senate elected Senator Mike McGuire to be the next President Pro Tempore of the Senate. He took over the Senate on February 5, 2024, thereby allowing all the two‐ year bills that needed to clear the house of origin to do so under the sitting leader and Committee Chairs. Senator McGuire is a very active, hands‐on Legislator. As a former lieutenant to President Pro Tem Atkins, he managed the workflow of the Senate and is in a constant state of motion, engaging with his colleagues and being “in the know” on the matters at hand. Senate President Pro Tempore McGuire also made changes to his leadership team and the makeup of the Senate Committees, including the Chairs. ELECTORAL CHANGE The 2024 Legislative Session will also bring change to the Legislature. This year, all 80 Assembly seats are up for reelection along with 20 of the 40 Senate seats. Of the 120 seats in the Legislature, there are 35 Members who are termed out in 2024. A majority of these 35 Legislators are seeking a different elective office, which might be the other house, Congress, or local elective office. For those running for a different office, some of these Legislators have found themselves running against another sitting Legislator for a new office. Every election cycle brings a modest amount of change to the Legislature. 35 termed out Members is a large number and how they legislate in their final months will be an interesting development. BUDGET UPDATE California is facing a significant budget deficit. The highly respected non‐partisan Legislative Analyst’s Office (LAO) previously projected a $58 billion deficit based on the Governor’s revenue projections. However, the Governor’s January budget proposal projected a $38 billion deficit. In early February, the LAO released an update that predicts that by the time the Governor releases his May Revision to the budget, the state’s deficit is projected to be $15 billion higher, ballooning to $73 billion. On the other hand, State revenues came in $1.16 billion higher than projected for the month of February, mainly from personal income taxes and corporation taxes. Even with slightly higher projections, the Governor and Legislature have their work cut out for them to balance the state’s budget. In March, Senate Democrats unveiled their plan to take early action to address the state’s budget deficit. It is labeled as the “Shrink the Shortfall” plan, and it is the first step of an ongoing process to address the state’s budget deficit1. Senator Wiener, chair of the Senate Budget Committee, said that the second step of the budget strategy will be unveiled later this spring, likely after California Gov. Gavin Newsom unveils his revised budget in May. The Senate’s plan seeks to address between $12‐$17 billion of the state’s budget shortfall while saving the more challenging fiscal decisions for later this spring when lawmakers have a more complete budget picture. 1 https://sbud.senate.ca.gov/ 226CC 05-07-2024 226 of 266 CC 05-07-2024 226 of 266 ATTACHMENT A 3 The plan calls for $3.3 billion in spending reductions over the next two years. Additionally, the plan also calls for $4.7 billion in borrowing for those two fiscal years, $3.9 billion in fund shifts, $3.2 billion in delayed funding and $2.1 billion in deferrals, for a total of $17.1 billion in savings.  If the “Shrink the Shortfall” solutions are adopted, and the Gov uses about $12.2 billion from the state Rainy Day Fund, Senate Democrats estimate the remaining deficit to be anywhere from $8.6 billion to $23.6 billion. 2024 Legislative Deadlines February 16 Last day for bills to be introduced April 26 Last day for policy committees to hear and report to fiscal committees fiscal bills introduced in their house May 3 Last day for policy committees to hear and report to the Floor nonfiscal bills introduced in their house. May 10 Last day for policy committees to meet prior to May 28. May 17 Last day for fiscal committees to hear and report to the Floor bills introduced in their house. Last day for fiscal committees to meet prior to May 28. May 20‐24 Floor session only. No committee may meet for any purpose except for Rules Committee, bills referred pursuant to Assembly Rule 77.2, and Conference Committees. May 24 Last day for each house to pass bills introduced in that house. May 28 Committee meetings may resume June 15 Budget Bill must be passed by midnight. June 27 Last day for a legislative measure to qualify for the Nov. 5 General Election ballot July 3 Last day for policy committees to meet and report bills. Summer Recess begins upon adjournment, provided Budget Bill has been passed. August 5 Legislature reconvenes from Summer Recess. August 16 Last day for fiscal committees to meet and report bills. August 19‐31 Floor session only. No committee may meet for any purpose except Rules Committee, bills referred pursuant to Assembly Rule 77.2, and Conference Committees. August 23 Last day to amend bills on the Floor. August 31 Last day for each house to pass bills. Final Recess begins upon adjournment 227CC 05-07-2024 227 of 266 CC 05-07-2024 227 of 266 #Bill/ Author Title Summary Status Category Cal Cities Position City Position 1 Initiative No. 21-0042A/ Sponsored by California Business Roundtable (CBRT) Taxpayer Protection and Government Accountability Act Initiative The ballot measure would amend the California Constitution to apply new rules to all new or increased taxes or fees adopted by the state legislature or local agencies. The measure would apply retroactively to new or increased taxes or fees adopted after January 1, 2022. 2/1/23 Initiative qualified for the November 2024 general election ballot. Revenue/ Taxation Oppose Opposed by LRC 12/10/21 Opposed by City Council 3/21/23 2 Bay Area Financing Housing Authority's Measure The Bay Area Housing Bond - Regional Funding for Local Solutions In November 2024, Bay Area residents could potentially vote on a regional bond measure to generate $10 -$20 billion to build approximately 72,000 new affordable homes. 80% of the bond revenue will go directly to the nine bay area counties and four cities-San Jose, Oakland, Santa Rosa, and Napa. BAHFA will invest 20% of the bond revenue in affordable developments throughout the region, while also generating new housing resources to support affordable housing development long after the bonds are fully spent. Still being considered by ABAG. Not qualified for election yet. Revenue/ Housing Support City Will Consider on 5/7/24 3 Initiative 23- 0017A1 (Prop 47 Changes) Homelessness, Drug Addiction, and Theft Reduction Act The Homelessness, Drug Addiction, and Theft Reduction Act would amend state law to (1) create a new court process for certain drug possession crimes, (2) require a warning of future criminal liability for people convicted of drug distribution, (3) increase penalties for certain drug crimes, and (4) increase penalties for certain theft crimes. Some of these changes would undo certain reductions in punishment enacted by Proposition 47. Qualified for November 2024 General Election Public Safety Watch Watch 4 AB 2/ Ward Recycling: Solar Photovoltaic Modules This measure would create end-of-life management of photovoltaic modules (or solar panels), minimization of hazardous waste, and recovery of commercially valuable materials. 9/1/2023 In committee: Held under submission. Environmental Quality Support Watch 2024 State Legislative Bills of Interest 228CC 05-07-2024 228 of 266 CC 05-07-2024 228 of 266 #Bill/ Author Title Summary Status Category Cal Cities Position City Position 2024 State Legislative Bills of Interest 5 AB 491 / Wallis Local Government: Fines and Penalties. Current law authorizes the legislative body of a local agency, as defined, to make, by ordinance, a violation of an ordinance subject to an administrative fine or penalty, as specified. Existing law requires the local agency to set forth by ordinance the administrative procedures that govern the imposition, enforcement, collection, and administrative review by the local agency of those administrative fines or penalties. Current law authorizes a person contesting a final administrative order or decision to seek review by filing an appeal to be heard by the superior court, as specified. This bill would authorize a local agency to establish, by ordinance, a procedure to collect those administrative fines or penalties by lien upon the parcel of land on which the violation occurred, as specified. 9/25/2023 - Measure version as amended on September 13 corrected. Legal/ Administrative Fines Watch Watch 6 AB 817 / Pacheco Open Meetings: Tele- conferencing: Subsidiary Body. Allows, until January 1, 2026, a subsidiary body of a local agency to teleconference without meeting all of the teleconferencing requirements of the Ralph M. Brown Act (Brown Act). 1/25/2024 - Read third time. Passed. Ordered to the Senate. (Ayes 54. Noes 8.) In Senate. Read first time. To Com. on RLS. for assignment. Public Engagement/ tele- conferencing Support/ Sponsor Watch 7 AB 863/ Aguiar-Curry Carpet Recycling: Carpet Stewardship Organizations: Fines: Succession: Training Would increase oversight and enforcement measures for operation of the state’s carpet stewardship program and requires that up to 10% of the funding from carpet assessments be allocated to grants for apprenticeship programs as specified. 9/11/2023 Ordered to inactive file at the request of Senator Portantino. Environmental Quality Support Watch 8 AB 1238/ Ward Hazardous Waste: Solar Panels This bill would require the Department of Toxic Substances Control to develop alternative management standards for managing photovoltaic modules. The bill would specify parameters for the standards, including, but not limited to, promoting safe collections, reusing, and recycling of photovoltaic modules. 6/7/2023 Referred to Com. on E.Q. Environmental Quality Watch Watch 229CC 05-07-2024 229 of 266 CC 05-07-2024 229 of 266 #Bill/ Author Title Summary Status Category Cal Cities Position City Position 2024 State Legislative Bills of Interest 9 AB 1657/ Wicks The Affordable Housing Bond Act of 2024. This measure would place a $10 billion bond measure on the November 2024 ballot to spur the production of affordable and supportive housing. 3/4/2024 Read second time, amended, and re- referred to Com. on APPR. Revenue/ Housing Support Watch 10 AB 1772/ Ramos Theft This bill requires the Department of Justice (DOJ) to report to the Legislature the number of misdemeanor convictions for a crime of theft from a retail establishment during the Governor’s declared COVID-19 state of emergency. 4/24/24 In Committee: Set, first hearing. Referred to suspense file. Public Safety Support Watch 11 AB 1779/ Irwin Theft: Jurisdiction Would no longer limit the jurisdictional rules for the above crimes to criminal actions brought by the Attorney General. If a case is brought by someone other than the Attorney General, the bill would require the prosecution to present written evidence in the jurisdiction of the proposed trial that all district attorneys in counties with jurisdiction over the offenses agree to the venue. The bill would require charged offenses from jurisdictions where there is not a written agreement from the district attorney to be returned to that jurisdiction. 4/25/2024 Read third time and amended. Ordered to third reading. Public Safety Support City Will Consider on 5/7/24 12 AB 1794/ McCarty Crimes: Larceny Proposition 47 makes the theft of money, labor, or property petty theft punishable as a misdemeanor, whenever the value of the property taken does not exceed $950. If the value exceeds $950, the theft is grand theft, punishable as a misdemeanor or a felony. Proposition 47 requires shoplifting (if the value of the property taken does not exceed $950), to be punished as a misdemeanor. This bill would clarify that those values may be aggregated even though the thefts occurred in different places or from different victims. The bill would also, declarative of existing law, provide that circumstantial evidence may be used to prove that multiple thefts were motivated by one intention, general impulse, and plan. 4/24/24 In Committee: Set, first hearing. Referred to suspense file. Public Safety Support Watch 230CC 05-07-2024 230 of 266 CC 05-07-2024 230 of 266 #Bill/ Author Title Summary Status Category Cal Cities Position City Position 2024 State Legislative Bills of Interest 13 AB 1802/ Jones-Sawyer Crimes: Organized Theft Would extend the operation of the crime of organized retail theft indefinitely. By extending the operation of an existing crime, this bill would create a state- mandated local program. This bill contains other related provisions and other existing laws. 4/24/24 In Committee: Set, first hearing. Referred to suspense file. Public Safety Support Watch 14 AB 1820 / Schiavo Housing Development Projects: Applications: Fees and Exactions. This bill would authorize a development proponent that submits a preliminary application for a housing development project to request a preliminary fee and exaction estimate, as defined, and would require the local agency to provide the estimate within 30 business days of the submission of the preliminary application. For development fees imposed by an agency other than a city or county, the bill would require the development proponent to request the fee schedule from the agency that imposes the fee. 4/29/24 Read second time and amended. Housing/ Developer Fees Oppose Unless Amended Watch 15 AB 1845/ Alanis Crimes: Grant Program for Identifying, Apprehending, and Prosecuting Resale of Stolen Property Would, until January 1, 2030, create the Identifying, Apprehending, and Prosecuting Resale of Stolen Property Grant Program to be administered by the board. The bill would require the board to award grants, on a competitive basis, to county district attorneys’ offices and law enforcement agencies, acting jointly to investigate and prosecute receiving stolen goods crimes and criminal profiteering. The bill would require the board to prepare and submit a report to the Legislature, as specified, regarding the impact of the grant program. The bill’s provisions would be operative only to the extent that funding is provided, by express reference, in the annual Budget Act or another statute. This bill contains other existing laws. 4/24/24 In Committee: Set, first hearing. Referred to suspense file. Public Safety Support Watch 231CC 05-07-2024 231 of 266 CC 05-07-2024 231 of 266 #Bill/ Author Title Summary Status Category Cal Cities Position City Position 2024 State Legislative Bills of Interest 16 AB 1886 / Alvarez Housing Element Law: Substantial Compliance: Housing Accountability Act. Clarifies that a housing element is substantially compliant with Housing Element Law, when both a local agency adopts the housing element and Department of Housing and Community Development (HCD) or a court finds it in compliance, for purposes of specified provisions of the Housing Accountability Act (HAA). 4/25/24 From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (April 24). Re- referred to Com. on APPR. Housing/ Zoning Oppose Watch 17 AB 1889 / Friedman Conservation Element: Wildlife and Habitat Connectivity. Would require a city, county, or city and county to consider the impact of development on the movement of wildlife and habitat connectivity as part of the conservation element of its general plan. 4/23/24 From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 3.) (April 23). Re- referred to Com. on APPR. Wildlife/ Conservation Element Oppose unless amended Watch 18 AB 1893 / Wicks Housing Accountability Act: Housing Disapprovals: Required Local Findings. Would place guardrails on “builder’s remedy” projects; reduce affordable housing minimums; and prohibit local jurisdictions from denying certain housing developments even if they are meeting or exceeding state allocated housing goals. 4/29/24 From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (April 24). Housing/ Zoning Oppose Unless Amended Watch 19 AB 1922 / Davies California Conservation Corps: Green Collar Certification Program. Current law establishes the California Conservation Corps and requires young adults participating in the corps program to be generally engaged in projects that, among other things, directly contribute to the conservation of energy. This bill would instead require young adults participating in the corps program to be generally engaged in projects that, among other things, directly contribute to and promote the conservation of clean energy, enhance climate resilience, and develop sustainable climate infrastructure. 4/10/2024 - In committee: Set, first hearing. Referred to suspense file. Emergency Preparedness/ Environmental Support Watch 20 AB 1957 / Wilson Public Contracts: Best Value Construction Contracting for Counties. Expands a pilot program for specified counties to use best value contracting to include all counties, and extends the sunset date on the authorization to January 1, 2030. 4/18/24 Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (April 17). Re- referred to Com. on APPR. Legal/ Purchasing Track Watch 232CC 05-07-2024 232 of 266 CC 05-07-2024 232 of 266 #Bill/ Author Title Summary Status Category Cal Cities Position City Position 2024 State Legislative Bills of Interest 21 AB 1972/ Alanis Regional Property Crimes Task Force This bill expands the regional property crimes task force convened by the California Highway Patrol (CHP) to provide assistance to railroad police and operate in counties with elevated levels of cargo theft. 4/25/24 Read second time. Ordered to Consent Calendar Public Safety Support Watch 22 AB 1990/ Carrillo Criminal Procedure: Arrests: Shoplifting Would authorize a peace officer to make a warrantless arrest for shoplifting not committed in their presence if the officer has reasonable cause to believe that person has shoplifted. This bill provides that, unlike for other misdemeanors, a peace office does not have to release a person for which there is probable cause to believe that the person arrested is guilty of shoplifting. 4/17/2024 Read second time. Ordered to third reading. Public Safety Support Watch 23 AB 1999 / Irwin Electricity: Fixed Charges Current law requires that fixed charges be established on an income-graduated basis, with no fewer than 3 income thresholds, so that low-income ratepayers in each baseline territory would realize a lower average monthly bill without making any changes in usage. This bill would repeal the provisions described in the preceding paragraph. The bill would instead permit the commission to authorize fixed charges that, as of January 1, 2015, do not exceed $5 per residential customer account per month for low-income customers enrolled in the California Alternate Rates for Energy (CARE) program and that do not exceed $10 per residential customer account per month for customers not enrolled in the CARE program. The bill would authorize these maximum allowable fixed charges to be adjusted by no more than the annual percentage increase in the Consumer Price Index for the prior calendar year, beginning January 1, 2016. 4/22/2024 - Re- referred to Com. on RLS. pursuant to Assembly Rule 96. Housing Watch Watch 233CC 05-07-2024 233 of 266 CC 05-07-2024 233 of 266 #Bill/ Author Title Summary Status Category Cal Cities Position City Position 2024 State Legislative Bills of Interest 24 AB 2286 / Aguiar-Curry Vehicles: Autonomous Vehicles. Restricts an autonomous vehicle (AV) with a gross vehicle weight (GVW) of 10,001 pounds or more from operating on public roads for testing purposes, transporting goods, or transporting passengers without a human safety operator physically present in the AV at the time of operation 4/25/2024 - From committee: Do pass and re-refer to Com. on Appr. (Ayes 10. Noes 1.) (April 24). Re- referred to Com. on Appr. Public Safety/ Autonomous vehicles Support Watch 25 AB 2330 / Holden Endangered Species: Incidental Take: Wildfire Preparedness Activities. Authorizes various local agencies to submit to the Department of Fish and Wildlife (DFW) for approval, a voluntary program to conduct wildfire preparedness activities in a fire hazard severity zone (FHSZ) to minimize impacts to wildlife. 4/25/2024 - Re- referred to Com. on Appr. Emergency Preparedness/ Wildfire Support/ Sponsor Watch 26 AB 2371 / Carrillo, Juan Electrified Security Fences. Current law authorizes an owner of real property to install and operate on their property an electrified security fence that has specified technical characteristics and is used to protect and secure commercial, manufacturing, or industrial property, or property zoned under another designation, but legally authorized to be used for a commercial, manufacturing, or industrial purpose. This bill would instead authorize an owner of real property to install and operate on their property an electrified security fence that is powered by an electrical energizer, driven by solar- charged batteries of no more than 12 volt of direct current, and used to protect and secure manufacturing or industrial property, or property zoned under another designation, but legally authorized to be used for a commercial purpose that stores, parks, services, sells, or rents vehicles and other materials, as specified. 4/25/2024 - In Senate. Read first time. To Com. On RLS. For assignment Planning/ Legal Oppose Unless Amended Watch 234CC 05-07-2024 234 of 266 CC 05-07-2024 234 of 266 #Bill/ Author Title Summary Status Category Cal Cities Position City Position 2024 State Legislative Bills of Interest 27 AB 2409 / Papan Office of Planning and Research: Permitting Accountability Transparency Dashboard Would require the Office of Planning and Research, on or before January 1, 2026, to create and maintain, as specified, a permitting accountability transparency internet website (dashboard). The bill would require the dashboard to include a display for each permit to be issued by specified state agencies for all covered projects, defined as s a publicly owned project for the development of infrastructure for water supply, flood risk reduction, energy reliability, or environmental protection or enhancement with an estimated cost of $100 million or more. 4/16/2024 - From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 15. Noes 0.) (April 16). Re-referred to Com. on APPR. Transparency/ Permitting Watch Watch 28 AB 2433 / Quirk-Silva California Private Permitting Review and Inspection Act: Fees: Building Permits. Allows an applicant for a building permit to employ a private professional provider to perform plan-checking services, assess plans and specifications, and complete building inspections if the local agency fails to perform these functions within specified timeframes. 4/24/2024 - From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (April 24). Re- referred to Com. on APPR. Planning/ Inspection Oppose unless amended Watch 29 AB 2665 / Lee Housing Finance: Mixed Income Revolving Loan Program. Establishes the Mixed Income Revolving Loan Program (the Program) at the California Housing Finance Agency (CalHFA) to provide zero-interest construction loans to qualifying infill housing developers for the purpose of constructing deed-restricted affordable housing. 4/16/2024 - Re- referred to Com. on APPR. Housing/ Affordable Loan Support Watch 30 AB 2790 / Pacheco Crimes: Organized Retail Theft. Makes it a felony to steal any infant formula or baby food as specified, over- thecounter medication, vitamin, supplement, as specified, or any medical product intended for the diagnosis or treatment of an illness, as specified, from a merchant’s premises or online marketplace pursuant to the organized retail theft statute. 4/23/2024 - In committee: Hearing postponed by committee. Public Safety/ Retail theft Support Watch 31 AB 2814/ Low Crimes: Unlawful Entry: Intent to Commit Package Theft This bill creates a new crime making it unlawful to enter the curtilage of a dwelling with the intent to steal a package, punishable as an alternate misdemeanor-felony (“wobbler”). 4/17/24 In committee: Set, first hearing. Referred to suspense file. Public Safety Support Watch 235CC 05-07-2024 235 of 266 CC 05-07-2024 235 of 266 #Bill/ Author Title Summary Status Category Cal Cities Position City Position 2024 State Legislative Bills of Interest 32 AB 2854/ Irwin Bradley-Burns Uniform Local Sales and Use Tax Law. This bill requires a local agency to annually provide specified information to the California Department of Tax and Fee Administration (CDTFA) regarding the rebate of Bradley-Burns Uniform Local Sales and Use Tax Law (BB SUT) revenues. 4/24/24 In Committee: Set, first hearing. Referred to suspense file. Sales Tax/ Revenue Watch Watch 33 AB 2922 / Garcia Economic Development: Capital Investment Incentive Programs. Prior law, until January 1, 2024, authorized a county, city and county, or city to establish a Capital Investment Incentive Program (CIIP), pursuant to which the county, city and county, or city was authorized to pay, upon request, a capital investment incentive amount that does not exceed the amount of property tax derived from that portion of the assessed value of a qualified manufacturing facility, as defined, that exceeds $150,000,000 to a proponent of a qualified manufacturing facility for up to 15 years. This urgency measure reestablishes, until January 1, 2035, the authorization for the local agency CIIP. 4/16/2024 - Re- referred to Com. on APPR. Economic Development/ Retail incentives Support Watch 34 AB 2943/ Zbur Crimes: Shoplifting Would 1) create a new crime and penalty for retail theft including shoplifting, theft or burglary, for those that are repeat offenders, 2) provide that charges may be filed in multiple jurisdictions 3) allow for the aggregation of certain offenses, 4) increase the terms of probation from 1 year to 2 years, 5) clarify the ability for police to arrest without witnessing the crime, 6) extend the sunset date on the organized retail theft statute until 2031. 4/24/24 In Committee: Set, first hearing. Referred to suspense file. Public Safety/ Retail theft Support if Amend Watch 35 AB 3035 / Pellerin Agricultural Employee Housing: Streamlined, Ministerial Approval: Counties of Santa Clara and Santa Cruz Expands the existing streamlined, ministerial approval process for farmworker housing established by AB 1783 (R. Rivas), Chapter 866, Statutes of 2019. 4/26/2024 Coauthors revised Housing/ Zoning None Watch 236CC 05-07-2024 236 of 266 CC 05-07-2024 236 of 266 #Bill/ Author Title Summary Status Category Cal Cities Position City Position 2024 State Legislative Bills of Interest 36 AB 3171 / Soria Controlled Substances: Fentanyl. Increases the penalties for selling, distributing, or transporting fentanyl, an analog of fentanyl, or a substance containing fentanyl or an analog of fentanyl, if the amount of fentanyl weighs more than 28.35 grams. 4/24/24 Re- referered to Com. on Appr. Public Safety/ Fentanyl Support Watch 37 SB 333 / Cortese Homeless Pupils: California Success, Opportunity, and Academic Resilience (SOAR) Guaranteed Income Program. Establishes, subject to appropriation, the “California Success, Opportunity, and Academic Resilience (SOAR) Guaranteed Income Pilot Program” (Program) and the “California SOAR Guaranteed Income Fund” (Fund) for purposes of awarding monthly payments to twelfth grade students who are homeless from April 1, 2025, to August 1, 2025. 4/1/2024 - From committee with author's amendments. Read second time and amended. Re- referred to Com. on ED. Homeless youth/ guaranteed income Watch Watch 38 SB 615/ Allen Vehicle Traction Batteries Would require vehicle traction batteries to be recovered and reused, repurposed, or remanufactured and recycled at the end of their useful life. This bill also requires vehicle manufacturers, dealers, dismantlers, repair dealers, or other secondary users to be responsible for ensuring responsible end-of-life management of vehicle traction batteries. 6/15/2023 June 20 set for first hearing canceled at the request of author. Environmental Quality Support in Concept Watch 39 SB 707/ Newman Responsible Textile Recovery Act of 2024 Would enact a stewardship program known as the Responsible Textile Recovery Act of 2024, which would require a producer of apparel, as defined, or textile articles, as defined, to form and join a producer responsibility organization or PRO. The bill would require the department to adopt regulations to implement the program no earlier than January 1, 2028. Upon approval of a plan, or commencing January 1, 2030, whichever is earlier, the bill would prohibit a producer from selling, offering for sale, importing, or distributing apparel or textiles in or into the state, unless the producer is a participant of a PRO, the department has approved the plan, and other criteria are met. 4/3/2024 From committee with author's amendments. Read second time and amended. Re- referred to Com. on NAT. RES. Environmental Quality Support Watch 237CC 05-07-2024 237 of 266 CC 05-07-2024 237 of 266 #Bill/ Author Title Summary Status Category Cal Cities Position City Position 2024 State Legislative Bills of Interest 40 SB 915 / Cortese Local Government: Autonomous Vehicles. This bill authorizes local governments to regulate autonomous vehicles. 4/26/24 Set for hearing May 6 Legal/ Public Safety/ Autonomous vehicles Support/ Sponsor Watch 41 SB 937 / Wiener Development Projects: Permits and Other Entitlements: Fees and Charges. Would extend development entitlements for certain housing development projects by two years and places certain restrictions on the fees and charges a local agency may impose on these projects. 4/30/24 Read second time. Ordered to third reading. Development fees/ revenue Oppose unless amended Watch 42 SB 972 / Min Methane Emissions: Organic Waste: Landfills. Would direct the California Department of Resources Recycling and Recovery (CalRecycle) to develop procedures for local jurisdictions to request technical assistance from the department on SB 1383 implementation. Requires the department to submit two reports to the Legislature on SB 1383 implementation. 4/25/2024 - Do pass and re-refer to Com. on APPR with recommendation: To consent calendar. (Ayes 7. Noes 0.) (April 24). Re-referred to Com. on APPR. Environmental/ Waste management Support/ Sponsor Watch 43 SB 1011 / Jones Encampments: Penalties This bill would prohibit a person from sitting, lying, sleeping, or storing, using, maintaining, or placing personal property upon a street or sidewalk if a homeless shelter, as defined, is available to the person. The bill would also prohibit sitting, lying, sleeping, or storing, using, maintaining, or placing personal property within 500 feet of a public or private school, open space, or major transit stop, as specified. The bill would specify that a violation of this prohibition is a public nuisance that can be abated and prevented, as specified. 4/16/2024 - April 16 set for first hearing. Failed passage in committee. (Ayes 1. Noes 3.) Reconsideration granted. Public Safety Watch Watch 238CC 05-07-2024 238 of 266 CC 05-07-2024 238 of 266 #Bill/ Author Title Summary Status Category Cal Cities Position City Position 2024 State Legislative Bills of Interest 44 SB 1037 / Wiener Planning and Zoning: Housing Element: Enforcement. This bill requires specific penalties to be imposed in any action brought by the Attorney General (AG) to enforce the adoption of housing element revisions, as specified, or to enforce any state law that requires a local government to ministerially approve, without discretionary review, any land use decision or permitting application for a housing development project. The bill also specifies that any injunction, provisional or otherwise, ordered by the court under the bill’s provisions is deemed to be prohibitory, and not affirmative. 4/25/24 - Read second time and amended. Re- referred to Com. on APPR. Housing/ Zoning/ Legal Fines Oppose Watch 45 SB 1046 / Laird Organic Waste Reduction: Program Environmental Impact Report This bill requires the California Department of Resources Recycling and Recovery (CalRecycle) to develop a Program Environmental Impact Report (PEIR) for small and medium compost facilities by January 1, 2027. 4/25/24 In Assembly. Read first time. Held at Desk. Environmental/ Waste Recycling Support Watch 46 SB 1066 / Blakespear Hazardous Waste: Marine Flares: Producer Responsibility. Under existing law, as part of the hazardous waste control laws, the Department of Toxic Substances Control (DTSC) generally regulates the management and handling of hazardous waste and hazardous materials. This bill would create a producer responsibility program for marine flares with oversight from DTSC. 4/29/24 April 29 hearing: Placed on APPR suspense file. Environmental/ Waste Management Support Watch 47 SB 1143 / Allen Household Hazardous Waste: Producer Responsibility. This bill would create a producer responsibility program for products containing household hazardous waste with oversight from the Department of Toxic Substances Control (DTSC). 4/29/24 April 29 hearing: Placed on APPR suspense file. Environmental/ Waste Management Support City Will Consider on 5/7/24 48 SB 1164 / Newman Property Taxation: New Construction Exclusion: Accessory Dwelling Units. SB 1164 would enact a property tax new construction exclusion for the addition or construction of an accessory dwelling unit, as specified. 4/22/24 April 22 hearing: Placed on APPR suspense file. Housing/ Revenue/ Property Tax Oppose Watch 239CC 05-07-2024 239 of 266 CC 05-07-2024 239 of 266 #Bill/ Author Title Summary Status Category Cal Cities Position City Position 2024 State Legislative Bills of Interest 49 SB 1280 / Laird Waste Management: Propane Cylinders: Reusable or Refillable. Existing law, the California Integrated Waste Management Act of 1989, establishes the Department of Resources Recycling and Recovery and requires the department to adopt rules and regulations, as necessary, to carry out the act. This bill would, on and after January 1, 2028, prohibit the sale or offer for sale of propane cylinders other than those propane cylinders that are reusable or refillable, as defined. 4/23/24 Read second time. Ordered to third reading. Environmental/ Waste Management Support Watch 50 SB 1330 / Archuleta Urban Retail Water Supplier: Water Use. Would make substantial changes to the urban water use efficiency framework including moving several dates to reflect implementation delays, among other provisions. 4/24/24 Read second time and amended. Re- referred to Com. on APPR. Environmental/ Water Conservation Support Watch 51 SB 1361 / Blakespear CEQA Exemption: Local Agencies: Contract for Providing Services for People Experiencing Homelessness This bill creates a California Environmental Quality Act (CEQA) exemption for actions taken by a local agency to approve a contract for providing services for people experiencing homelessness. 4/25/24 In Assembly. Read first time. Held at Desk. Homelessness/ CEQA Support Watch 52 SB 1461 / Allen State of Emergency and Local Emergency: Landslide. This bill: 1) Adds “landslide” to the list of conditions that constitute a state of emergency or a local emergency. 2) Defines “landslide” to mean the movement of a mass of rock, debris, or earth down a slope under the direct influence of gravity that travels at a speed of at least one inch per year. 4/26/2024 - Set for hearing May 6. Emergency Preparedness/ Landslide Support Watch 53 SB 1494 / Glazer Local Agencies: Sales and Use Tax: Retailers. This bill prohibits a local agency, on or after January 1, 2024, from entering into, renewing, or extending sales and use tax rebate agreements with retailers in exchange for locating in their jurisdiction, and voids agreements entered into before that date on January 1, 2030. 4/25/24 Read second time. Ordered to third reading. Sales Tax/ Revenue Oppose Watch 240CC 05-07-2024 240 of 266 CC 05-07-2024 240 of 266 CITY OF CUPERTINO Agenda Item 24-13139 Agenda Date: 5/7/2024 Agenda #: 11. Subject: Councilmember Reports CITY OF CUPERTINO Printed on 5/1/2024Page 1 of 1 powered by Legistar™241CC 05-07-2024 241 of 266 CC 05-07-2024 241 of 266 CITY COUNCILMEMBER REPORT* Meeting: Tuesday, May 7, 2024 +for the “Councilmember Reports” agenda item under the “COUNCIL REPORTS” section Reporting Councilmember: Councilmember Liang Chao Report Dates: 4/10/24 to 4/29/24 Section 1: Activities by Date (Date, Title, and Description): NOTE: ● This list does not include internal meetings with staff only, such as prep sessions or meetings with the City Manager. ● This list includes activities to “represent the community I am elected to serve”, “to respond to community needs and complaints,” and “to communicate policies and programs to residents,” among other responsibilities of a City Councilmember. ● Due to my work schedule, I have cut down on the event attendance for ceremonial purposes, especially those I have attended almost every year in the past. Instead, I focus more of my time on constituent services. 2024-04-12 Follow-up to a public comment on April 3 during the first reading of the two hotel projects questioning whether the language used in the Development Agreement “good faith and diligent effort" is sufficient to ensure Cupertino can capture the local portion of the sales/use tax we deserve to get. - I have since verified that the DA with Apple Park in 2013 did include assertive language to ensure the Sales Tax Localization Plan is implemented with contractors and subcontractors. Other cities, like San Jose’s Diridon Station Project, do include assertive language in their DA to capture sales tax. - Note that this provision does not require purchasing of constructor materials from Cupertino. It merely requires the designation of Cupertino as the site where the construction materials will be used so that the local portion of the sales tax does not go to the County pool or a branch office of a contractor in another city. - This is the section of the DA in question from the two hotel projects on the April 3 Council Agenda. 242CC 05-07-2024 242 of 266 CC 05-07-2024 242 of 266 2024-04-12 Follow up to a constituent’s comment questioning the need for yet another Bike- Pedestrian Plan in 2024 when there are already plans completed recently and unfinished projects. - Plans Cupertino has completed so far: 2016 Bike Plan, 2018 Pedestrian Plan, 2023 Local Road Roadway Safety Plan, 2024 Vision Zero Plan. - Status of all bike path projects and feasibility studies that I can find (likely not complete) 2024-04-20 Stevens Creek County Park Centennial Celebration at the Sycamore Group Site at Stevens Creek County Park ● “One hundred years ago, on January 24, 1924, Santa Clara County acquired an initial 400 acres near Cupertino with the intent to establish a public park. The park, now known as Stevens Creek County Park, opened to the public later that year, making it the first County park and laying the foundation for the modern-day Santa Clara County Parks system. “ ● “In 1935, the Santa Clara Valley Water Conservation District purchased 171.5 acres adjacent to the County’s land to develop a reservoir. The Stevens Creek dam was completed in 1936. Over the years, additional acreage and improvements have been made to Stevens Creek County Park so that visitors can enjoy archery, disc golf, boating, fishing, historic sites, horseshoe tossing, interpretive programs, picnicking, and trails for hiking, bicycling, horseback riding, and nature study.” 2024-04-20 Cupertino Earth and Arbor Day Festival and Tree Planting at the Wilson Park - visited many booths and talked to volunteers at the festival. - used the trail entrance near the Library to enter Regnart Creek Trail and walked to Wilson Park for the annual tree planting. Each year the City Council plants one tree of a different variety, which is natural to our climate. 2024-04-21 The 125th Anniversary of Cupertino Odd Fellow Lodge No. 70 - The reception was accompanied with a Live Hawaiian Band, performed by the lodge 243CC 05-07-2024 243 of 266 CC 05-07-2024 243 of 266 members. Then, a formal ceremony was held with speeches providing inspiring historic background of the lodge. At one time, there were only 5 members, but now the membership has grown to 60 members. 2022-04-22 Follow up to a constituent’s concern from 2024-04-06 questioning why Annual Comprehensive Financial Report (ACFR) has been filed many months late. - I have verified with staff that Gov. Code 40804 requires “the annual report”, which is ACFR, to be filed within seven months of the close of the fiscal year, which is June 30. Thus, ACFR should have been finished before Jan. 31 at the latest. - I looked up the ACFR until 2012 and Cupertino has been filing ACFR around March since 2016. Yet for the fiscal year ending June 30, 2014 and the fiscal year ending June 30, 2013, the ACFR was filed around mid November of the same year, respectively. - For the fiscal year ending June 30, 2023, all cities around us, except Los Altos, filed their ACFRs by December 2023. 2024-04-22 Visit of a delegation from Coppertino, hosted by the Cupertino-Coppertino Sister City Association. - The delegation consists of one adult and three high school students. They toured the City Hall, Community Hall and the Library, accompanied by Economic Development Manager and Communication Coordinator, with a visit from a few staff, such as the City Manager, Senior Planner. 2024-04-22 Follow-up to April 3 public comment questioning whether the refinance of the City’s Debt in 2020 indeed saves $0,5M in annual interest payment. - The Dec. 2023 memo for Cupertino Public Facilities Corporation did mention that “The refinancing resulted in annual savings of approximately half a million dollars for the remaining 10 years of the debt.". Since the public brought up the question again, I submitted some specific questions for the issue on April 10. - Comprehensive answers were provided from the staff on April 22: Answers to questions, Debt Service Program Payment Schedule from FY 21-22 Adopted Budget. There is indeed a savings of $0.5M per year. - Answer: “annual payments around $3.17 million for FY21-FY30, versus the annual payment schedule from FY22 with annual payments around $2.67 million. The difference is a $0.5 million savings per year.” This debt will be paid off by June 2030. - This page from the FY 21-22 Adopted Budget provides a good history of what properties the city used the debt to purchase. such as Quinlan Center, Sports Center, Blackberry Farm (voter- approved debt), Creekside Park (voter-approved debt) and the construction of the Library and the Community Hall. 244CC 05-07-2024 244 of 266 CC 05-07-2024 244 of 266 2024-04-25 Follow up to a public comment at April 16 Council Meeting questioning why the city has $50M sitting in a cash account not earning any interest - The Feb. 27 response from the City Manager to Councilmember Moore confirmed that the City does have around $50M in checking account for operational expenses: “I believe the amount you referenced was around $50M. In short, the amount in question is mainly used to carry out daily city operation. In a simpler analogy, this would be the City's checking account to cover for routine expenses. The goal is to maintain enough liquid funds in this account to ensure invoices are paid in time.” - The Treasurer’s Quarterly Investment Reports have the balance in checking account, LAIF (interest-earning cash-equivalent account for government agency) or other investment. - I did some research and here are my findings: - I looked at the Q2 reports, ending December 31 of each year and found that Cupertino typically keeps around 15-20% of the total portfolio in the checking account, since 2016. Before that, we kept around 2% in checking. - I sampled a few cities around us for their FY 2023-24 Q2 reports, I found that other cities keep about $2-7M (0.25% to 2% of the entire portfolio) in the checking account. 2024-04-26 Meeting with the developer, Summerhill Homes, with a SB 330 Preliminary Application for the Staples + Pizza Hut + Dish n’ Dash site for 58 units of 3-story for-sale townhomes, including 20% middle-income units. 245CC 05-07-2024 245 of 266 CC 05-07-2024 245 of 266 Section 2: Committee Assignment 2024-04-24 Santa Clara County Recycle and Waste Reduction Commission (RWRC) meeting (agenda, video) - California Product Stewardship Council (CPSC) Presentation. - CPSC was formed so local government could have a voice at Sacramento and their board consists of mostly elected city councilmembers. They get funding from other nonprofits and cities, such as Cupertino. They advocate for bills for producer and consumer responsibilities on recycle/reuse of various products, batteries, mattress, needles, carpet, paint, tires, e-waste, pesticide, mercury, used oil, packaging. - Here are the bills supported by CPSC in 2024, such as AB 2 (Ward) – Recycling: solar photovoltaic modules, SB 707 (Newman) – Responsible Textile Recovery Act of 2024, Waste management: propane cylinders: reusable or refillable, and more. - California currently has 13 Product Stewardship Laws for Producer Responsibility and Consumer Responsibility. 246CC 05-07-2024 246 of 266 CC 05-07-2024 246 of 266 - The Presentation gave an overview of recycling programs - Some programs include financial incentives for recycling, such as paint, mattress, carpet, etc. 247CC 05-07-2024 247 of 266 CC 05-07-2024 247 of 266 Section 3: Other Information of Interest to My Constituents: 1. Housing Element Update: - Highlights: 4,588 units are required for the HE, but the current HE has planned 6,226 units, about 36% more than required. - By not counting 1,500 units in already approved projects and underestimating the realistic capacity for mixed use projects, Cupertino will upzone more properties than required to meet the RHNA requirements. - The density (units/acre) of many sites will increase from 20 units/acre to 50-65 units/acre and some will increase to 65-80 units/acre. - R1 corner lots will be allowed to develop with R2 standards to allow duplex, triplex or quadruplex. (Every R1 lot already allows up to 3 ADUs due to state laws) - Current Progress: - The HCD letter on April 10 states “HCD is pleased to find the revised draft housing element meets the statutory requirements of State Housing Element Law (Gov. Code, § 65580 et seq.). However, the housing element cannot be found in substantial compliance until the City has completed necessary rezones to address the shortfall of sites to accommodate the regional housing needs allocation (RHNA).” - The study session for Housing Element was held at the April 16 Council Meeting. This is the first meeting where a draft of the Housing Element is put on the Council agenda. But unfortunately no answers to Council questions were provided in the supplemental report. - Here are some questions submitted and some with answers: 15 more questions without answers, questions are corner lots with answers, additional questions from the community without answers. - Next Step: The final draft of the Housing Element and the zoning ordinance to rezone properties will be on the City Council agenda on May 14, after the April 29 Planning 248CC 05-07-2024 248 of 266 CC 05-07-2024 248 of 266 Commission meeting. 2. County’s Affordable Housing Project at Simian Property at the southwest corner of Wolfe Road and I-280. - The March 28 County memo states “The County of Santa Clara Office of Supportive Housing issued a Request for Offers (RFO) in December 2023 with the goal of identifying a development partner(s) for the County-controlled property located at 10333 N. Wolfe Road, Cupertino (Subject Property), commonly known as the Simian Property.” - “On February 6, 2024, Santa Clara County Board of Supervisors approved an exclusive negotiating agreement with Eden Housing as the selected developer for the Subject Property.“ 3. FUHSD By-Trustee-Area Election in November 2024 - On April 24th, the FUHSD Board adopted the final trustee-area map among three recommendations from the CTAD Committee. The final map will be submitted to the Santa Clara County Committee on School District Organization for approval at a public hearing. - The first by-trustee-area election will be held in November 2024 for Trustee Areas 2 and 5, and then in 2026 for Trustee Areas 1, 3, and 4. - Comparison of maps and other resources - Below is an image of the adopted map (Revised Scenario 5) versus the high school attendance boundaries. - Below is an image of the adopted map (Revised Scenario 5) with major roadways. 249CC 05-07-2024 249 of 266 CC 05-07-2024 249 of 266 (Last Activity Report in the April 16, 2024 Council Meeting Agenda.) 250CC 05-07-2024 250 of 266 CC 05-07-2024 250 of 266 CITY COUNCILMEMBER REPORT Meeting: May 7, 2024 Reporting Councilmember: Vice Mayor J.R. Fruen Report Dates: 4/9/24 to 4/29/24 Event Date, Title, and Description: Event 1. April 10, 2024 – Staff Briefing Regarding 6th RHNA Cycle Housing Element – I met staff to discuss the state of the Housing Element. The timing proved auspicious as the California Department of Housing and Community Development (HCD) had just issued a letter finding the city’s draft Housing Element compliant contingent on adoption and rezoning. The meeting was a useful predicate for my April 15 meeting with our reviewer from HCD. Event 2. April 11, 2024 – Cities Association of Santa Clara County JPA Legislative Action Committee Meeting – I attended this meeting in my capacity as Cupertino’s representative to the CASCC LAC. We discussed multiple positions on four specific bills and forwarded recommendations along to the Board for their consideration. The LAC will continue its deliberation on bill positions at its May 9 meeting. Event 3. April 13, 2024 – San Jose Westgate Transportation Planning Focus Group – The SJSU Department of Urban and Regional Planning, in coordination with the office of San Jose Vice Mayor Rosemary Kamei hosted a focus group session for local electeds and staff to examine challenges posed in a roughly one mile radius centered on the intersection of Prospect Road and Lawrence Expressway. Participants included San Jose Vice Mayor Rosemary Kamei, Campbell Union High School District Trustee James Kim, Campbell City Councilmember Anne Bybee, Saratoga Mayor Yan Zhao, Saratoga Vice Mayor Belal Aftab, Cupertino Councilmember Hung Wei, myself, and representatives of public works or transportation departments (or their equivalent) from San Jose, Cupertino, and the County of Santa Clara. Event 4. April 14, 2024 – Meeting with Advocates Opposed to Artificial Turf – I met with Andrea Wald and resident Steven Hill about the environmental dangers created by artificial 1 251CC 05-07-2024 251 of 266 CC 05-07-2024 251 of 266 City Council Councilmember Report 2 turf with specific emphasis on PFAS contamination. The meeting was productive and illuminating. Event 5. April 15, 2024 – Meeting with California Department of Housing and Community Development – At my request, our Housing Element reviewer, Jose Juaregui, and his supervisor, Melinda Coy, met with me to discuss the city’s most recent Housing Element iteration. Among other items, they emphasized that the document should not be changed unless such changes make it “more ambitious” and that Strategy HE 1‐3‐6 would require Cupertino to revisit and loosen its R‐2 zoning standards. Event 6. April 20, 2024 – Cupertino Earth & Arbor Day – Along with the rest of the City Council, I participated in our Earth and Arbor Day activities at Library Field. In addition to honoring our tree maintenance staff, we also helped to plant a new oak tree in Wilson Park. Overall, the event was very well attended. This year’s food trucks were better positioned and helped support collective reuse of cups. Event 7. April 20, 2024 – Citizens for Better Community Gala – TI attended this annual charity event in Fremont as a guest. CBC supports a variety of good works in the East and South Bay. At this year’s gala, they awarded numerous grants in support of organizations like Youth4Good. Event 8. April 22, 2024 – Reception of Student delegation from Copertino Sister City – Together with the entire City Council, I joined the city’s welcome reception for a delegation of students from our oldest sister city, Copertino, Italy. The visit included a presentation and tour from the city manager and staff for which I helped interpret. Event 9. April 23, 2024 – Induction Cooking Demonstration with Chef Martin Yan – Together with Mayor Mohan, and Councilmembers Wei and Moore, I attended a demonstration of induction cooktop food preparation presented by celebrity chef Martin Yan. The event was put together by Silicon Valley Clean Energy and San Jose Clean Energy. The presentation was well‐ attended and well‐received. Event 10. April 26, 2024 – Meeting with BSA Scout Regarding School Enrollment – I met with BSA Scout Thejas who asked questions about school enrollment and how the city and school district can stem school enrollment declines. Event 11. April 26, 2024 – Silicon Valley Chinese School 50th Anniversary Celebration – Along with a number of elected and appointed officials in the West Valley, I joined the Silicon Valley Chinese School for its celebration of its 50th Anniversary at the campus of Lynbrook 252CC 05-07-2024 252 of 266 CC 05-07-2024 252 of 266 City Council Councilmember Report 3 High School. On behalf of Mayor Mohan and the City Council, I presented them with a Certificate of Recognition in honor of the occasion. Event 21. April 27, 2024 – Cupertino Cherry Blossom Festival – Together with Mayor Mohan, and Councilmembers Moore and Wei, I attended the ceremonial opening of the Cupertino Cherry Blossom Festival. The ceremony included comments from the Consul General of Japan, awards to Virgil and Trish Klein for their years of volunteerism in support of the Cupertino‐ Toyokawa Sister City Association (the organizer of the event), in addition to comments offered by the Mayor, and representatives of Congressman Ro Khanna’s office and Assemblymember Evan Low’s office, among others. Overall, it was a joyful and well‐attended event. 253CC 05-07-2024 253 of 266 CC 05-07-2024 253 of 266 1 CITY COUNCILMEMBER REPORT Meeting: May 7, 2024 Reporting Councilmember: Mayor Sheila Mohan Report Dates: 4/9/24 to 4/29/24 Item Date, Title, and Description: 4/9/24: Attended a meeting with Silicon Valley Clean Energy CEO to be updated on their plans to move to a new location in 2025. 4/10/24: In my capacity as Board member of SVCE, I attended the monthly Board of Directors meeting. SVCE staff lead a study session on the status of decarbonization programs related to residential electric vehicles and charging stations. We were also provided an update on the agency’s permit modernization program and policy initiatives for member jurisdictions. 4/11/24: Attended a meeting with City Manager re: livestreaming and recording of Commission meetings and heard about commissioners’ concerns about the present format. 4/11/24: Attended the monthly meeting of the Cities Association of Santa Clara County. Bay Area Housing Finance Authority (BAHFA) provided an update on Affordable Housing, and guest speakers Daniel Saver from ABAG and Consuelo Hernandez from the County Office of Supportive Housing spoke about a possible ballot measure in November to fund affordable housing initiatives in cities. 4/12/24: Interview with Samay Sikri, Lynbrook High School Class President about opportunities available for young people to get involved in City government. 4/15/24: I attended a prep session conducted by staff on service level reductions and proposed use of Lawrence Mitty Park. 254CC 05-07-2024 254 of 266 CC 05-07-2024 254 of 266 City Council Councilmember Report 2 4/18/24: Attended the CalCCA (California Community Choice Association) annual conference in San Jose. SVCE received a Community Impact Award for its work on the Decarbonization Demonstration Grants. 4/20/24: Together with the entire Council, I attended the City’s Earth and Arbor Day festival at the Library Field, and made a few remarks acknowledging the City staff for their efforts in hosting the festival and preserving the City’s sustainability and tree maintenance programs. This was followed by a tree‐planting ceremony at Wilson Park. 4/21/24: Along with Councilmembers Chau and Moore, I attended the 125th anniversary celebration of Cupertino Oddfellows. I made a speech acknowledging the rich history of the Oddfellows, and contributions of members, many of whom were present at the celebration. 4/21/24: I attended the Eagle Court of Honor event at the Quinlan Center and on behalf of the City presented a Certificate of Achievement to Eagle Scout Sinduja Bokkisam from Scouts BSA Troop 492. 4/22/24: The Council welcomed a student delegation from our sister city Copertino, Italy and had lunch with the group. Staff provided a tour of City facilities. 4/22/24: Attended the Audit Committee meeting. We received updates on Fraud, Waste and Abuse program, the OPEB and Section 115 Trust performance, the annual review of the City’s Investment Policy and the 2022‐2023 ACFR. 4/23/24: Attended the Cooking with Martin Yan event at the Quinlan Center. This ‘experience’ was sponsored by the Santa Clara Office of Sustainability, and was intended to promote cooking on an induction cooktop. Chef Martin Yan demonstrated his Chinese cooking expertise while regaling the audience with jokes and good‐humored observations. 4/24/24: Hosted the monthly meeting the West Valley Mayor and City Managers where representatives from Campbell, Los Gatos, Monta Sereno and Saratoga provided updates on City initiatives. I was particularly proud to talk of our Housing Element news! 4/24/24: Together with Deputy City Manager, Tina Kapoor, I met with representatives of the India Community Center who are looking into options for a 255CC 05-07-2024 255 of 266 CC 05-07-2024 255 of 266 City Council Councilmember Report 3 permanent center, preferably in Cupertino, for their senior programs. They are currently leasing space from the Union Church of Cupertino. 4/25/24: I participated in a meeting with Bhubaneswar Sister City representatives about dates for events such as the flag raising for India’s Independence Day in August and possible travel to Bhubaneswar in November. 4/27/24: Along with Vice Mayor Fruen and Councilmember Moore, we welcomed the attendees at the Cupertino Cherry Blossom Festival, and I made some remarks honoring the close relationship between Cupertino and our sister city Toyokawa, Japan. Several elected officials participated and made speeches. Food vendors, artists, performers and musicians made the weekend a thoroughly enjoyable event for all. 256CC 05-07-2024 256 of 266 CC 05-07-2024 256 of 266 1 CITY COUNCILMEMBER REPORT Meeting: May 7, 2024 Reporting Councilmember: Councilmember Kitty Moore Report Dates: 4/9/24 to 4/29/24 Event Date, Title, and Description: April 9, 2024. Housing Element prep session with City Staff. April 10, 2024. Santa Clara County Library District Joint Powers Authority (SCCLD JPA) Finance Committee meeting, Campbell, CA1. I am appointed by the SCCLD Board of Directors (BOD) to serve on the SCCLD JPA Finance Committee. •The Committee approved the Consent Calendar which included the approval and recommendation the BOD approve multiple donations to various libraries in the district. •After receiving a report on the 1344 Dell Avenue Office Annex project the Committee approved and recommended the Board approve to increase delegation of authority related to the Public Works contracts for construction management and general contractor services. This project is an 8,045 square foot office annex which integrates the natural environment with bird safe design and climate appropriate landscaping connecting with the existing ponds adjacent to the property. •After a detailed discussion of the Preliminary Fiscal Year 2024-2025 Budget with certain rebudgeted projects moved from FY 24 to FY 25 and consideration of external risks which have been taken into account, the Committee recommended the Board consider the Fiscal Year 2024-25 Preliminary Budget. April 10, 2024. CalCities Peninsula Division City Leaders Summit 2024 pre-meeting. Attended meeting to discuss legislative priorities for meetings with legislators. 1 SCCLD JPA Finance Committee April 10, 2024 Agenda: https://granicus_production_attachments.s3.amazonaws.com/sccl/45836b3df1996c28b34ff6b8866152fc0.pd f 257CC 05-07-2024 257 of 266 CC 05-07-2024 257 of 266 City Council Councilmember Report 2 April 11, 2024. Attended City of Cupertino Budget Meeting2 at Community Hall with members of the public to learn about budget forecasting and ask questions during the recorded event. April 11, 2024. Attended 1st District-wide FUHSD Earth Day Event3 at the Computer History Museum. This impressive event is to “identify and showcase multidisciplinary climate-oriented projects by FUHSD students and teachers.” Student projects included wind turbines, poetry, recycling, plants, specialized work on commercial fertilizer alternatives to cause less damage to the environment, a drama performance, choir, field experts in environmental science, and more. April 16, 2024. Attended the U.S. Environmental Protection Agency’s (EPA’s) informational General Public Webinar on EPA’s Final PFAS NPDWR. U.S. EPA has fact sheets available to understand what PFAS are and why they are of concern. On April 10, 2024, EPA announced the final National Primary Drinking Water Regulation (NPDWR) for six PFAS4. April 16, 2024. Cupertino City Council Meeting. 2 City of Cupertino Budget Outreach meetings: https://www.cupertino.org/our- city/departments/finance/community-budget-resources/budget-outreach-events 3 https://fuhsdclimatecollec.wixsite.com/fuhsd-climate-collec 4 https://www.epa.gov/sdwa/and-polyfluoroalkyl-substances-pfas 258CC 05-07-2024 258 of 266 CC 05-07-2024 258 of 266 City Council Councilmember Activity Report 3 April 17-19, 2024. Attended the CalCities City Leaders Summit 2024 in Sacramento. Various activities attended: • Press conference on the Capital lawn regarding the Taxpayer Act which CalCities opposes. Our local Supervisor Ellenberg was one of the speakers. • General Session Opening with updates on legislation CalCities has positions on. • Bay Area Legislative Reception. • Discussion on retail theft with discussion on Prop 47 with Sen. Wahab and Asm. Analis. • Homelessness discussion on costs and need for ongoing funding. • Discussion on California’s budget deficit. • NLC Federal Update. • Communication Skills interactive discussion. • Networking and legislator group meetings. • SB 54 update regarding extended producer responsibility (EPR). • Franchise Fee discussion covering the Zolly case. • Informal discussion with various councilmembers regarding the Housing Element, policies, numerical objectives from the various COGs, and working with HCD. • Informal discussion with councilmembers from the Central Valley regarding groundwater challenges, air quality issues, and farming practices. • Informal discussion with councilmembers from the East Bay regarding PFAS in their water system and how they are working on it. The slides for the materials links are available below and they are included as a courtesy for members of the community who are interested in more detail about what CalCities provides for educational materials: Session Materials • 2024 CLS Advocacy Materials • A Collaborative Framework to Addressing Homelessness • A Look Into the Future with HF&H Consultants • AB 764 Changed the Rules (Again): Prepare Now for Districting and Redistricting • Attaining Equity Through Inclusive Engagement • California - Leading the Way on Generative AI in Local Government • Community Engagement as a DEI Strategy • Creating Social Connection • How Cities Can Fight Crime with Civil Litigation 259CC 05-07-2024 259 of 266 CC 05-07-2024 259 of 266 City Council Councilmember Activity Report 4 • Interim Housing Solutions • Small Town, Big Aspirations: Leveraging Interagency Collaborations to Address Complex Infrastructure Challenges • The Vital Importance of Local Enforcement in the Cannabis Industry • Threats to Local Fiscal Sustainability, and What You Need to Know • Wednesday Legislative Session Slides, 11am-12 pm April 20, 2024. 100th Anniversary of Santa Clara Parks. Attended this celebration of the purchase of our first county park near Cupertino. Join in the celebration by participating in “Hike the 100” here: https://parks.sccgov.org/HikeThe100 April 20, 2024. Cupertino Earth Day at Library Field and Wilson Park tree planting. Attended Cupertino’s excellent Earth Day event which included our SV Hopper van which is wheelchair accessible, and one of 3 added to the fleet which improves transit accessibility for our community. Council helped plant a new tree addition for our City! 260CC 05-07-2024 260 of 266 CC 05-07-2024 260 of 266 City Council Councilmember Activity Report 5 April 21, 2024. Attended the 125th anniversary of the Cupertino Oddfellow’s Lodge #70. Founded in 1899, more than 55 years before the incorporation of Cupertino, the Oddfellow’s lodge has provided 125 years of service in “friendship, love, and truth” to our local and wider community. Congratulations! April 22, 2024. Council welcomed the Copertino Sister City delegation with a tour and pizza lunch. The delegation is touring the Bay Area this week with visits to our local tech giants and San Francisco. April 23, 2024. Attended Chef Martin Yan’s induction cooking demonstration to see how indoor air quality and GHG reduction can be achieved while creating superb dishes using induction cook top surfaces. April 25, 2024. Attended Retail Business Theft Prevention Webinar in collaboration with the Sheriffs, City of Cupertino, and Cupertino Chamber of Commerce. The anonymous tip line is (408) 808-4770 or email at ORT@shf.sccgov.org. April 25, 2024. Represented the City of Cupertino at the Santa Clara Library District Joint Powers Authority (SCCLD JPA) Board Meeting. • Board received the Library Strategic Plan Highlight Presentation o StoryWalk installations happening at Campbell, Saratoga, and Morgan Hill libraries. o Updated Reading Program publicity for enrollment and volunteering o “The Nest” construction at 1344 Dell proceeding to include meeting space for the reading program, staff workspace, and public/partner program rooms. • Board approved multiple cash donations, contract authority delegation for purchases, library exhibit policy, and a job position. • Board considered the FY 24-25 Preliminary budget (reviewed by the SCCLD JPA Board Finance Committee, which I serve on). This is a balanced and sustainable budget. • Board approved increasing the delegation of authority for the construction contract at 1344 Dell Project April 25, 2024. Met with Kevin Ebrahimi and John Hickey from SummerHill Homes along with their consultant, Matt Larson to look at some early concept plans for homes at two locations. 261CC 05-07-2024 261 of 266 CC 05-07-2024 261 of 266 City Council Councilmember Activity Report 6 April 27, 2024. Attended the Toyokawa Sister City Cherry Blossom festival at Memorial Park. Various dignitaries including the Cupertino City Council memorialized the festival, the Sister Cities, volunteers, and this year’s delegation which will be traveling to Toyokawa. Following the festival recognition, I toured the outdoor exhibits, watched performances; visited the Cupertino Historical Society exhibit. Visited the Cherry Blossom participant exhibits in the Quinlan Community Center of bonsai, Ikebana, dancing, dolls, swords and heraldry, and contemplative stones. This year’s Cherry Blossom festival had great weather and excellent attendance. April 28, 2024. Visited with residents concerned about SB 330 projects, the Housing Element, and finances. April 28, 2024. Attended CALE meeting regarding the challenge of SB 9 for charter cities and its overturn. Ruling may be accessed here: https://cdn.kqed.org/wp- content/uploads/sites/10/2024/04/20240422-Los-Angeles-Superior-Court-Judge-ruling- on-SB-9.pdf 262CC 05-07-2024 262 of 266 CC 05-07-2024 262 of 266 1 CITY COUNCILMEMBER REPORT Meeting: May 7, 2024 Reporting Councilmember: Councilmember Hung Wei Report Dates: 4/9/24 to 4/30/24 Event 1. Thursday April 11, 2024 @ 5:00pm, Fremont Union High School District (FUHSD) Climate Collective Earth Day at Computer History Museum in Mountain View Attended FUHSD Annual Earth Day hosted by students at the Computer History Museum with tables showing climate‐action projects and initiatives. Event 2. Saturday April 13, 2024 @ 10:30am, San Jose State University “El Paseo de Saratoga Urban Village” Student Focus Group Discussion @ West Valley Community Library Branch Met with students from San Jose State University “El Paseo de Saratoga Urban Village” Focus Group with elected officials and City staff from the cities of Campbell, Cupertino, San Jose, & Saratoga, and also the County of Santa Clara, Campbell Union High School District, Moreland School District, and Fremont Union High School District, to provide input, recommendation, and discussion on the El Paseo de Saratoga Urban Village areas for students to make a presentation on the Urban Village planning. Vice Mayor JR Fruen and Assistant City Manager Matt Morely were also present. Event 3. Sunday April 14, 2024 @ 2:00pm, Presentation on Current Issues in Cupertino @ Home of Christ Church in Cupertino Hosted a Presentation and Q&A on current Cupertino issues at a local church. Event 4. Tuesday April 16, 2024 @ 12:45pm, Staff Briefing on Housing Element Attend a staff briefing and Q&A on Housing Element to prepare for City Council Meeting. 263CC 05-07-2024 263 of 266 CC 05-07-2024 263 of 266 City Council Councilmember Report 2 Event 5. Saturday April 20, 2024 @ 12:30pm, Cupertino City Earth Day @ the Library Field Attended Cupertino City’s Annual Earth Day at the library field with multiple student and community organizations advocating for climate actions to protect our environment and our beautiful Earth. All five City Councilmembers were present. Event 6. Saturday April 20, 2024 @ 2:00pm, Tree Planting @ Wilson Park Attended the annual Tree Planting with City staff in honoring of Earth Day. Event 7. Sunday April 21, 2024 @ 10:00am, Tze Chi Foundation’s Family Safety Forum Attended the Annual Family Safety Forum hosted by the Tze Chi Foundation, representing Mayor Mohan and the City of Cupertino in presenting a Certificate of Appreciation for Tze Chi Foundation to provide educational materials and emergency preparedness training to families. Event 8. Sunday April 21, 2024 @ 1:00pm, 125th Anniversary Celebration of the Cupertino Odd Fellows Lodge#70 Attended the pre‐Celebration portion of the Anniversary Celebration to acknowledge the 125th Anniversary of the Cupertino Odd Fellows with Councilmembers Chao and Moore. Mayor Mohan and Cupertino City provided a soft copy of a Certificate of Congratulations to be included in the Program. Unfortunately, I was unable to attend the Celebration Ceremony due to a Celebration of Life event at 2:30pm. Event 9. Monday April 22, 2024 @ 10:30am, Copertino Italy Student Delegation Visit to Cupertino City Hall and the Library Together with Mahor Mohan, Vice Mayor JR Fruen, Councilmember Moore, City Manager Wu, a couple of staff members, and our Sister City President/Board members, we welcomed students from out Sister City Copertino Italy to the City Hall with a staff presentation introducing the City of Cupertino and a pizza lunch provided by La Pizzeria Cupertino Italian Restaurant. Event 10. Monday April 22, 2024 @ 4:00pm, City Audit Committee Meeting Attended the Audit Committee Meeting and received Annual Comprehensive Financial Report, updates from Chandler, PARS, and Moss Adams, asked questions and discussed future meeting dates. 264CC 05-07-2024 264 of 266 CC 05-07-2024 264 of 266 City Council Councilmember Report 3 Event 11. Tuesday April 23, 2024 @ 6:30pm, Celebrity Chef Martin Yan “Live Induction Cooking Experience” @ Cupertino Quinlan Center Attended the live demonstration of induction cooking by Celebrity Chef Martin Yan with Mayor Mohan, Vice Mahor Fruen, and Councilmember Moore. Chef Yan made delicious dishes over induction cooktop, demonstrated the efficiency of induction cooking over gas, and introduced to the audience the benefits of induction cooking for the environment. Multiple drawings were conducted for the lucky winners to bring home induction cookware. Everyone also enjoyed a sample of Celebrity Cook Yan’s dishes. Event 12. Wednesday April 24, 2024 @ 6:00pm, Scholarship Awards Banquet hosted by the South Bay Chinese Service Club @ Pearl Bay Restaurant in Fremont Attended with Mayor Mohan and Vice Mayor Fruen the Annual Scholarship Awards presented by the South Bay Chinese Service Club, witnessing student achievements and listened to students describe their journey from high school to their future career aspirations. Event 13. Friday April 26, 2024 @ 2:00pm, Cities Association Executive‐Committee Meeting @ Los Altos Community Center Attended the E‐Committee Meeting of the Cities Association, reviewed Bylaws to recommend for Board approval, finalized event planning for the upcoming May 22 Peninsula Division event at Cisco, discussed agenda items for the upcoming Board and Legislative Action Committee meetings. 265CC 05-07-2024 265 of 266 CC 05-07-2024 265 of 266 City Council Councilmember Report 4 266CC 05-07-2024 266 of 266 CC 05-07-2024 266 of 266