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24-149 Economic & Planning Systems for Fiscal Impact Peer Review for Proposed Summerhill Homes CommunityFiscal Impact Peer Review of Proposed SummerHill Homes Community Page 1 of 9 Professional/Consulting Contracts /Version: April 2024 PROFESSIONAL/CONSULTING SERVICES AGREEMENT 1. PARTIES This Agreement is made by and between the City of Cupertino, a municipal corporation (“City”), and Economic & Planning Systems, Inc (“Contractor”), a Corporation for Fiscal Impact Peer Review of Proposed SummerHill Homes Community, and is effective on the last date signed below (“Effective Date”). 2. SERVICES 2.1 Contractor agrees to provide the services and perform the tasks (“Services”) set forth in detail in Scope of Services, attached here and incorporated as Exhibit A. Contractor further agrees to carry out its work in compliance with any applicable local, State, or Federal order regarding COVID-19. 2.2 Contractor’s duties and services under this agreement shall not include preparing or assisting the City with any portion of the City’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the City. The City shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. Contractor’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. Contractor shall cooperate with the City to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by contractor pursuant to this agreement. 3. TIME OF PERFORMANCE 3.1 This Agreement begins on the Effective Date and ends on June 30, 2025 (“Contract Time”), unless terminated earlier as provided herein. Contractor’s Services shall begin on the effective date and shall be completed by June 30, 2025. The City’s appropriate department head or the City Manager may extend the Contract Time through a written amendment to this Agreement, provided such extension does not include additional contract funds. Extensions requiring additional contract funds are subject to the City’s purchasing policy. 3.2 Schedule of Performance. Contractor must deliver the Services in accordance with the Schedule of Performance, attached and incorporated here Exhibit B. 3.3 Time is of the essence for the performance of all the Services. Contractor must have sufficient time, resources, and qualified staff to deliver the Services on time. Fiscal Impact Peer Review of Proposed SummerHill Homes Community Page 2 of 9 Professional/Consulting Contracts /Version: April 2024 4. COMPENSATION 4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Services an amount that will based on actual costs but that will be capped so as not to exceed $13,500.00 (“Contract Price”), based upon the scope of services in Exhibit A and the budget and rates included in Exhibit C, Compensation attached and incorporated here. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor’s actual costs exceed the capped amount. No extra work or payment is permitted without prior written approval of City. 4.2 Invoices and Payments. Monthly invoices must state a description of the deliverable completed and the amount due for the preceding month. Within thirty (30) days of completion of Services, Contractor must submit a requisition for final and complete payment of costs and pending claims for City approval. Failure to timely submit a complete and accurate payment requisition 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, 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. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Fiscal Impact Peer Review of Proposed SummerHill Homes Community Page 3 of 9 Professional/Consulting Contracts /Version: April 2024 Agreement is determined by a court of competent jurisdiction, arbitrator, or administrative authority, including but not limited to the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City, and actual attorney’s fees incurred by City in connection with the above. 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 det ails the disclosure of which to third parties may be damaging to City. Contractor shall hold in confidence all City information provided by City to Contractor and use it only to perform this Agreement. Contractor shall exercise the same standard of care to protect City information as a reasonably prudent contractor would use to protect its own proprietary data. 7. OWNERSHIP OF MATERIALS 7.1 Property Rights. Any interest (including copyright interests) of Contractor in any product, memoranda, study, report, map, plan, drawing, specification, data, record, document, or other information or work, in any medium (collectively, “Work Product”), prepared by Contractor in connection with this Agreement will be the exclusive property of the City upon completion of the work to be performed hereunder or upon termination of this Agreement, to the extent requested by City. In any case, no Work Product shall be shown to any third-party without prior written approval of City. 7.2 Copyright. To the extent permitted by Title 17 of the U.S. Code, all Work Product arising out of this Agreement is considered “works for hire” and all copyrights to the Work Product will be the property of City. Alternatively, Contractor assigns to City all Work Product copyrights. Contractor may use copies of the Work Product for promotion only with City’s written approval. 7.3 Patents and Licenses. Contractor must pay royalties or license fees required for authorized use of any third party intellectual property, including but not limited to patented, trademarked, or copyrighted intellectual property if incorporated into the Services or Work Product of this Agreement. 7.4 Re-Use of Work Product. Unless prohibited by law and without waiving any rights, City may use or modify the Work Product of Contractor or its sub-contractors prepared or created under this Agreement, to execute or implement any of the following: (a) The original Services for which Contractor was hired; (b) Completion of the original Services by others; (c) Subsequent additions to the original Services; and/or (d) Other City projects. 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. Fiscal Impact Peer Review of Proposed SummerHill Homes Community Page 4 of 9 Professional/Consulting Contracts /Version: April 2024 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 is considered an assignment of the Agreement and subject to City approval, which shall not be unreasonably withheld. Control means fifty percent (50%) or more of the voting power of the business entity. 10. PUBLICITY / SIGNS Any publicity generated by Contractor for the project under this Agreement, during the term of this Agreement and for one year thereafter, will reference the City’s contributions in making the project possible. The words “City of Cupertino” will be displayed in all pieces of publicity, including flyers, press releases, posters, brochures, public service announcements, interviews and newspaper articles. No signs may be posted, exhibited or displayed on or about City property, except signage required by law or this Contract, without prior written approval from the City. 11. INDEMNIFICATION 11.1 To the fullest extent allowed by law, and except for losses caused by the sole and active negligence or willful misconduct of City personnel, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, officials, employees, agents, servants, volunteers, and consultants (“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 Fiscal Impact Peer Review of Proposed SummerHill Homes Community Page 5 of 9 Professional/Consulting Contracts /Version: April 2024 of 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 aris ing 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, or 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 D, and must maintain the insurance for the duration of the Agreement, or longer as required by City. City will not execute the Agreement until City approves receipt of satisfactory certificates of insurance and endorsements evidencing the type, amount, class of operations covered, and the effective and expiration dates of coverage. Failure to comply with this provision may result in City, at its sole discretion and without notice, purchasing insurance for Contractor and deducting the costs from Contractor’s compensation or terminating the Agreement. 13. COMPLIANCE WITH LAWS 13.1 General Laws. Contractor shall comply with all local, state, and federal laws and regulations applicable to this Agreement. Contractor will promptly notify City of changes in the law or other conditions that may affect the Project or Contractor’s ability to perform. Contractor is responsible for verifying the employment authorization of employees performing the Services, as required by the Immigration Reform and Control Act. 13.2 Labor Laws. Contractor shall comply with all labor laws applicable to this Agreement. If the Scope of Services includes a “public works” component, Contractor is required to comply with prevailing wage laws under Labor Code Section 1720 and other labor laws. Fiscal Impact Peer Review of Proposed SummerHill Homes Community Page 6 of 9 Professional/Consulting Contracts /Version: April 2024 13.3 Discrimination Laws. Contractor shall not discriminate on the basis of race, religious creed, color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy, age, sex, gender, sexual orientation, gender identity, Acquired-Immune Deficiency Syndrome (AIDS), or any other protected classification. Contractor shall comply with all anti-discrimination laws, including Government Code Sections 12900 and 11135, and Labor Code Sections 1735, 1777, and 3077.5. Consistent with City policy prohibiting harassment and discrimination, Contractor understands that harassment and discrimination directed toward a job applicant, an employee, a City employee, or any other person, by Contractor or its 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 t he 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 Emi Sugiyama 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 Benjamin C. Sigman as its single Representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Scope of Services. Contractor’s Project manager is responsible for coordinating and scheduling the Services in accordance with the Scope of Services and the Schedule of Performance. Contractor must regularly update the City’s Project Manager about the progress with the work or any delays, as required under the Scope of Services. City written approval is required prior to substituting a new Representative. 15. ABANDONMENT OF PROJECT City may abandon or postpone the Project or parts therefor at any time. Contractor will be compensated for satisfactory Services performed through the date of abandonment, and will be given reasonable time to assemble the work and close out the Services. With City’s pre-approval in writing, the time spent in closing out the Services will be compensated up to a maximum of ten percent (10%) of the total time expended to date in the performance of the Services. Fiscal Impact Peer Review of Proposed SummerHill Homes Community Page 7 of 9 Professional/Consulting Contracts /Version: April 2024 16. TERMINATION City may terminate this Agreement for cause or without cause at any time. Contractor will be paid for satisfactory Services rendered through the date of termination, but final payment will not be made until Contractor closes out the Services and delivers the Work Product. 17. GOVERNING LAW, VENUE, AND DISPUTE RESOLUTION This Agreement is governed by the laws of the State of California. Any lawsuits filed related to this Agreement must be filed with the Superior Court for the County of Santa Clara, State of California. Contractor must comply with the claims filing requirements under the Government Code prior to filing a civil action in court. If a dispute arises, Contractor must continue to provide the Services pending resolution of the dispute. If the Parties elect arbitration, the arbitrator’s award must be supported by law and substantial evidence and include detailed written findings of law and fact. 18. ATTORNEY FEES If City initiates legal action, files a complaint or cross-complaint, or pursues arbitration, appeal, or other proceedings to enforce its rights or a judgment in connection with this Agreement, the prevailing party will be entitled to reasonable attorney fees and costs. 19. THIRD PARTY BENEFICIARIES There are no intended third party beneficiaries of this Agreement. 20. WAIVER Neither acceptance of the Services nor payment thereof shall constitute a waiver of any contract provision. City’s waiver of a breach shall not constitute waiver of another provision or breach. 21. ENTIRE AGREEMENT This Agreement represents the full and complete understanding of every kind or nature between the Parties, and supersedes any other agreement(s) and understanding(s), either oral or written, between the Parties. Any modification of this Agreement will be effective only if in writing and signed by each Party’s authorized representative. No verbal agreement or implied covenant will be valid to amend or abridge this Agreement. If there is any inconsistency between any term, clause, or provision of the main Agreement and any term, clause, or provision of the attachments or exhibits thereto, the terms of the main Agreement shall prevail and be controlling. 22. INSERTED PROVISIONS Each provision and clause required by law for this Agreement is deemed to be included and will be inferred herein. Either party may request an amendment to cure mistaken insertions or omissions of required provisions. The Parties will collaborate to implement this Section, as appropriate. Fiscal Impact Peer Review of Proposed SummerHill Homes Community Page 8 of 9 Professional/Consulting Contracts /Version: April 2024 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: Emi Sugiyama Email: emis@cupertino.org To Contractor: Economic & Planning Systems, Inc. 400 Capitol Mall, 28th Floor Sacramento, CA 95814 Attention: Benjamin C. Sigman Email: bsigman@epsys.com 27. EXECUTION The person executing this Agreement on behalf of Contractor represents and warrants that Contractor has full right, power, and authority to enter into and carry out all actions contemplated by this Agreement and that he or she is authorized to execute this Agreement, which constitutes a legally binding obligation of Contractor. This Agreement may be executed in counterparts, each one of which is deemed an original and all of which, taken together, constitute a single binding instrument. SIGNATURES CONTINUE ON THE FOLLOWING PAGE Fiscal Impact Peer Review of Proposed SummerHill Homes Community Page 9 of 9 Professional/Consulting Contracts /Version: April 2024 IN WITNESS WHEREOF, the parties have caused the Agreement to be executed. CITY OF CUPERTINO CONTRACTOR A Municipal Corporation By By Name Name Title Title Date Date APPROVED AS TO FORM: CHRISTOPHER D. JENSEN Cupertino City Attorney ATTEST: KIRSTEN SQUARCIA City Clerk Date Benjamin Sigman Principal Nov 12, 2024 Christopher D. Jensen Director of Community Development Benjamin Fu 11/13/2024 Nov 13, 2024 September 17, 2024 Emi Sugiyama Associate Planner City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 Subject: Proposal for Fiscal Impact Peer Review of Proposed SummerHill Homes Community; EPS#241073 Dear Emi: Thank you for requesting a proposal from Economic & Planning Systems, Inc. (EPS) to provide economic consulting services related to the proposed residential project at 20840 Stevens Creek Boulevard (“Project”). We understand that the City of Cupertino is interested in a third-party “Peer Review” of a fiscal impact analysis submitted for this Project in addition to estimates of one-time revenues anticipated to be generated by the Project. The attached Work Program (Attachment A) describes the EPS proposed tasks, schedule, staffing, and an estimated not-to-exceed budget to undertake this assignment. Attachment B provides EPS standard hourly rates for 2024. EPS’s proposed not-to-exceed budget proposed for this effort is $13,500. This budget allows EPS to analyze and document review of the fiscal impact of the SummerHill Homes townhome community project application and estimate one-time revenues to the City. The budget does not include formal hearings or presentations to City commissions or the Council. If requested, such additional efforts can be incorporated into our scope of work or authorized on a time and materials basis at our standard hourly rates. Please call or email me if you wish to discuss the proposed Scope of Work. Sincerely, ECONOMIC & PLANNING SYSTEMS, INC. Benjamin C. Sigman Principal Economic & Planning Systems, Inc. 1 Attachment A Scope of Work Fiscal Peer Review of Proposed SummerHill Homes Community This Scope of Work is designed to provide the City of Cupertino (City) with a third party “peer review” of a fiscal impact analysis of the proposed project at 20840 Stevens Creek Boulevard (hereafter “Project”). EPS understands that the City is seeking this study to inform its land use decision-making and financial sustainability goals. The Project applicant has hired BAE Urban Economics to produce a fiscal impact analysis for the Project and the City is interested in verifying the findings, assumptions and methodology contained therein. EPS would work in close coordination with the City to conduct the analysis. EPS findings will be provided in a technical memorandum. Scope of Work The following describes the tasks that EPS proposes to undertake to review the assumptions and findings that will be contained in the fiscal impact analysis memorandum (“Applicant Report”) from BAE Urban Economics. Task 1: Review of Submitted Fiscal Impact Analysis and Assumptions EPS will evaluate the methodology and calculations for revenue and expenditures estimates contained in the Applicant Report to derive the net fiscal impact. The assessment will compare the assumptions and methodologies used with industry standard best practices and leverage EPS’s experience in completing similar studies for nearby California jurisdictions and Cupertino itself. To the extent any estimates appear potentially overly conservative or optimistic, EPS will conduct sensitivity analysis to indicate potential differences in results. Task 2: Estimate of One-Time Revenues EPS will estimate one-time revenues to the City that the Project will generate, including transfer taxes paid for the first-time sales of all units, impact fees, and one-time sales and use tax revenues generated by the purchase of construction materials. The impact fee estimate may require collaboration with City staff to ensure the accuracy of EPS’s understanding of how the City’s impact fees are administered. The estimate of construction-related sales and use tax revenues would be illustrative given the myriad of factors that can affect these revenues, and EPS may need to correspond with the applicant (if deemed appropriate by the City) to obtain additional information necessary to this estimate. Task 3: Deliverables EPS will document the findings from the above analysis in a technical memorandum. This deliverable will summarize any critical differences in assumptions or findings compared to the developer-provided analysis and will present the estimated range of potential fiscal impacts based on any sensitivity testing on key assumptions of the Project. The deliverable will also present the findings of Task 2 along with any assumptions utilized. The memorandum will include a written narrative and any supporting data and calculations used in Tasks 1 and 2. EPS will EXHIBIT - A Attachment A Scope of Work September 17, 2024 Economic & Planning Systems, Inc. 2 Z:\Shared\Proposals\Oakland\241000s\241073_CupertinoSummerHill\241073_ptxtV3.docx incorporate one round of consolidated comments from the City on the memorandum before refining the document and finalizing the memorandum. Proposed Staffing, Budget, and Schedule EPS can complete the proposed Scope of Work described above for a not-to-exceed budget amount of $13,500. Detailed hours and billing rates are shown in Table 1 below. The budget estimate covers all costs associated with the tasks described above. Additional tasks, including meetings and presentations if requested by the client, will be billed on a time-and-materials basis at our standard hourly rates, upon approval. Charges for EPS time are based on the amount of time actually spent. Expenses for data, report production, and other project related items are billed at cost. Invoices are submitted monthly and are payable upon receipt. Table 1 EPS Budget Estimate EPS anticipates a timeline of 4-6 weeks to produce the draft technical memorandum contemplated in Task 3. Assuming timely receipt of consolidated City comments on the draft memorandum, EPS anticipates an additional 1-2 weeks from receipt of consolidated City comments to produce a revised, final technical memorandum. This schedule is presented below in Figure 1. Based on these scheduling assumptions, the final deliverable would be produced within 5-7 weeks from project commencement. Note that Figure 1 assumes the project would commence in the first week of October – if this timing is advanced or delayed, the proposed schedule would adjust accordingly, with the total time to produce the final deliverable remaining at a length of 5-8 weeks. Task/Description Principal Vice President Senior Associate Staff Cost Subtotal Direct Costs1 Grand Total Sigman Foelsch Zhu Task 1: Review of Submitted Fiscal Impact Analysis and Assumptions 3 3 14 $5,100 $0 $5,100 Task 2: Estimate of One-Time Revenues 1 5 6 $3,080 $20 $3,100 Task 3: Deliverables 5 5 10 $5,300 $0 $5,300 Total Hours 9 13 30 Hourly Billing Rates 1 $315 $265 $240 Total Project Costs $13,480 $20 $13,500 [1]Reflects direct expenses such as travel and data acquisition, billed at costs without mark-up. [2]Billing rates shown are applicable during calendar year 2024 and are subject to change annually. EPS Staff EXHIBIT-C Attachment A Scope of Work September 17, 2024 Economic & Planning Systems, Inc. 3 Z:\Shared\Proposals\Oakland\241000s\241073_CupertinoSummerHill\241073_ptxtV3.docx Figure 1 EPS Schedule Estimate Task 1: Review of Submitted Fiscal Impact Analysis and Assumptions Task 2: Estimate of One-Time Revenues Task 3: Deliverables D1 D2 [1] Draft Deliverable KEY: [2] Revised Deliverable Work ongoing D: Deliverable Note: Schedule assumes work begins at the start of October. Any adjustment to project start timing would alter the above schedule. EPS anticipates a draft deliverable could be provided within six weeks of project kick-off, with an additional two weeks needed to provide a revised deliverable, assuming timely receipt of City comments on draft deliverable. Description October November 2024 2024 EXHIBIT - B 2024 Hourly Billing Rates Oakland and Los Angeles Offices Managing Principal $340 Senior Principal $375 Principal $300–$315 Vice President $265 Senior Technical Associate $275 Senior Associate $240 Associate $205 Production and Administrative Staff $125 Billing rates updated annually. Attachment B 2024 Hourly Billing Rates September 17, 2024 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 3/21/2024 Andreini &Company-San Mateo 220 West 20th Ave San Mateo CA 94403 Sara Alemayehu (650)378-4320 650-378-4361 salemayehu@andreini.com Continental Casualty Company 20443 ECONO-5 Sentinel Insurance Company Ltd 11000Economic&Planning Systems 455 Capitol Mall,Suite 701 Sacramento CA 95814 Hartford Casualty Ins.Company 29424 Lloyd's of London 1285716241 B X 2,000,000 X 1,000,000 10,000 2,000,000 4,000,000 X X Y Y 51SBABA6144 4/1/2024 4/1/2025 4,000,000 B 2,000,000 X X Y Y 51SBABA6144 4/1/2024 4/1/2025 B X X 3,000,00051SBABA61444/1/2024 4/1/2025 3,000,000 X 10,000 C X N Y 51WECAK5W1H 4/1/2024 4/1/2025 1,000,000 1,000,000 1,000,000 A D Errors &Omissions Cyber/Privacy Liability 425343942 ESM0339912025 4/1/2024 4/1/2024 4/1/2025 4/1/2025 Per Claim/Aggregate Per Claim/Aggregate 2,000,000 1,000,000 30 days notice of cancellation except 10 days for non-payment of premium per policy provisions. Errors &Omissions Retro 1/1/83 Retention -$10,000 EPS#181178,Fiscal impact analysis forecasts City of Cupertino,its City Council,officers,officials,employees,agents,servants and volunteers are additional insured on a primary and non-contributory basis under the Business Liability policy form for BOTH General and Auto Liability with respect to operations and work performed by the named insured as required by written contract.Waivers of Subrogation apply per attached policy provisions. City of Cupertino 10300 Torre Ave Cupertino CA 95014 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Countersigned by Authorized Representative Form WC 00 03 13 Printed in U.S.A. Process Date:02/01/24 Policy Expiration Date:04/01/25 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT Policy Number:51 WEC AK5W1H Endorsement Number: Effective Date:04/01/24 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address:Economic & Planning Systems 455 CAPITOL MALL STE 701 SACRAMENTO CA 95814 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 shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE Any person or organization for whom you are required by contract or agreement to obtain this waiver from us. Endorsement is not applicable in KY, NH, NJ or for any MO construction risk BUSINESS LIABILITY COVERAGE FORM (b)b.Rented to,in the care,custody or Coverage under this provision does not control of,or over which physical apply to: control is being exercis ed for any (1)"Bodily injury"or "property damage" purpose by you,any of your that occurred;or "employees","volunteer workers", (2)"Personal and advertising injury" any partner or member (if you are arising out of an offense committedapartnershiporjointventure),or before you acquired or formed the any member (if you are a limited organization.liability company). 4.Operator Of Mobile Equipmentb.Real Estate Manager With respect to "mobile equipment"registered inAny person (other than your "employee"or your name under any motor vehicle registration"volunteer worker"),or any organization law,any person is an insured while driving suchwhileacting as your real estate manager. equipment along a public highway with yourc.Temporary Custodians Of Your permission.Any other person or organizationProperty responsible for the conduct of such person is Any person or organization having proper also an insured,but only with respect to liability temporary custody of your property if you arising out of the operation of the equipment,and die,but only:only if no other insurance of any kind is available (1)With respect to liability arising out of the to that person or organization for this liability. maintenance or use of that property;and However, no person or organization is an insured with respect to:(2)Until your legal representative has been appointed.a."Bodily injury"to a co-"employee"of the person driving the equipment;ord.Legal Representative If You Die b."Property damage"to property owned by, Your legal representative if you die,but rented to,in the charge of or occ upied byonlywithrespecttodutiesassuch.That you or the employer of any person who is representative will have all your rights and an insured under this provision.duties under this insurance. 5.Operator of Nonowned Watercrafte.Unnamed Subsidiary With respect to watercraft you do not own that Any subsidiary and subsidiary thereof,of is less than 51 feet long and is not being used yours which is a legally incorporat ed entity to carry pers ons for a charge, any person is an of which you own a financial interest of insured while operating such watercraft with more than 50%of the voting stock on the your permission.Any other person or effective date of this Coverage Part. organization responsible for the conduct of The insurance afforded herein for any such person is also an insured,but only with subsidiary not shown in the Declarations respect to liability arising out of the operation as a named insured does not apply to of the watercraft,and only if no other injury or damage with respect to which an insurance of any kind is available to that insured under this insurance is also an person or organization for this liability.insured under another policy or would be However,no person or organization is an an insured under such policy but for its insured with r espect to:termination or upon the exhaustion of its limits of insurance.a."Bodily injury"to a co-"employee"of the person operating the watercraft;or3.Newly Acquired Or Formed Organization b."Property damage"to property owned by,Any organization you newly acquire or form, rented to,in the charge of or occupied by other than a partnership,joint venture or you or the employer of any person who is limited liability company,and over which you an insured under this provision.maintain financial interest of more than 50%of the voting stock,will qualify as a Named 6.Additional Insureds When Required By Insured if there is no other similar insurance Written Contract,Written Agreement Or available to that organization. However:Permit a.Coverage under this provision is afforded The person(s)or organization(s)identified in only until the 180th day after you acquire a.f.Paragraphs through below are additional or form the organization or the end of the insureds when you have agreed,in a written policy period, whichever is earlier; and Form SS 00 08 04 05 Page 11 of 24 POLICY # 51SBABA6144 BUSINESS LIABILITY COVERAGE FORM (e)contract,written agreement or because of a Any failure to make such permit issued by a state or political inspections,adjustments,tests or subdivision,that such person or organization servicing as the vendor has be added as an additional insured on your agreed to make or normally policy,provided the injury or damage occurs undertakes to make in the usual subsequent to the execution of the contract or course of business,in connection agreement, or the issuance of the permit.with the distribution or sale of the products;A person or organization is an additional (f)Demonstration,installation, insured under this provision only for that servicing or repair operations, period of time required by the contract, except such operations performed agreement or permit. at the vendor's premises in However,no such person or organization is an connection with the sale of the additional insured under this provision if such product;person or organization is included as an (g)Products which,after distributionadditionalinsuredbyanendorsementissued or sale by you,have been labeled by us and made a part of this Coverage Part, or relabeled or used as a including all persons or organizations added container,part or ingredient of any as additional insureds under the specific other thing or substance by or for additional insured coverage grants in Section the vendor; orF.–Optional Additional Insured Coverages. (h)"Bodily injury"or "property a.Vendors damage"arising out of the sole Any person(s)or organization(s)(referred to negligence of the vendor for its below as vendor),but only with respect to own acts or omissions or those of "bodily injury"or "property damage"arising its employees or anyone else out of "your products"which are distributed acting on its b ehalf. However, thisorsoldintheregularcourseofthevendor's exclusion does not apply to:business and only if this Coverage Part (i)The exceptions contained in provides coverage for "bodily injury"or (d)(f)Subparagraphs or ;or"property damage"included within the (ii)"products-completed operations hazard".Such inspections,adjustments, tests or servicing as the vendor(1)The insurance afforded to the vendor has agreed to make or normallyissubjecttothefollowingadditional undertakes to make in the usualexclusions: course of business,inThisinsurancedoes not apply to:connection with the distribution (a)"Bodily injury"or "property or sale of the products. damage"for which the vendor is (2)This insurance does not apply to anyobligatedtopaydamagesby insured person or organization fromreasonoftheassumptionof whom you have acquired such products,liability in a contract or agreement. or any ingredient,part or container,This exclusion does not apply to entering into,accompanying orliabilityfordamagesthatthe containing such products.vendor would have in the absence b.Lessors Of Equipmentof the contract or agreement; (1)Any person or organization from (b)Any express warranty whom you lease equipment;but only unauthorized by you; with respect to their liability for "bodily (c)Any physical or chemical change injury","property damage"orintheproductmadeintentionally "personal and advertising injury"by the vendor;caused,in whole or in part,by your (d)Repackaging,except when maintenance,operation or use of unpacked solely for the purpose of equipment leased to you by such inspection,demonstration,testing,person or organization. or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; Page 12 of 24 Form SS 00 08 04 05 POLICY # 51SBABA6114 BUSINESS LIABILITY COVERAGE FORM Form SS 00 08 04 05 Page 13 of 24 (2)With respect to the insurance afforded to these additional insureds,this insurance does not apply to any "occurrence"which takes place after you cease to lease that equipment. c.Lessors Of Land Or Premises (1)Any person or organization from whom you lease land or premises,but only with respect to liability arising out of the ownership,maintenance or use of that part of the land or premises leased to you. (2)With respect to the insurance afforded to these additional insureds,this insurance does not apply to: (a)Any "occurrence"which takes place after you cease to lease that land or be a tenant in that premises;or (b)Structural alterations,new construction or demolition operations performed by or on behalf of such person or organization. d.Architects,Engineers Or Surveyors (1)Any architect,engineer,or surveyor,but 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: (a)In connection with your premises; or (b)In the performance of your ongoing operations performed by you or on your behalf. (2)With respect to the insurance afforded to these additional insureds,the following additional exclusion applies: This insurance does not apply to "bodily injury","property damage"or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you,including: (a)The preparing,approving,or failure to prepare or approve, maps,shop drawings,opinions, reports,surveys,field orders, change orders,designs or drawings and specifications;or (b)Supervisory,inspection, architectural or engineering activities. e.Permits Issued By State Or Political Subdivisions (1)Any state or political subdivision,but only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. (2)With respect to the insurance afforded to these additional insureds,this insurance does not apply to: (a)"Bodily injury","property damage" or "personal and advertising injury"arising out of operations performed for the state or municipality;or (b)"Bodily injury"or "property damage" included within the "products- completed operations hazard". f.Any Other Party (1)Any other person or organization who is not an insured under Paragraphs a. through e.above,but 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: (a)In the performance of your ongoing operations; (b)In connection with your premises owned by or rented to you;or (c)In connection with "your work"and included within the "products- completed operations hazard",but only if (i)The written contract or written agreement requires you to provide such coverage to such additional insured;and (ii)This Coverage Part provides coverage for "bodily injury"or "property damage"included within the "products- completed operations hazard". (2)With respect to the insurance afforded to these additional insureds,this insurance does not apply to: "Bodily injury","property damage"or "personal and advertising injury" arising out of the rendering of,or the failure to render,any professional architectural,engineering or surveying services,including: Policy # 51SBABA6144 BUSINESS LIABILITY COVERAGE FORM (6)When You Are Added As An When this insurance is excess over other Additional Insured To Other insurance,we will pay only our share of Insurance the amount of the loss,if any,that exceeds the sum of:That is other insurance available to (1)you covering liability for damages The total amount that all such other arising out of the premises or insurance would pay for the loss in the operations,or products and completed absence of this insurance;and operations,for which you have been (2)The total of all deductible and self- added as an additional insured by that insured amounts under all that other insurance;or insurance. (7)When You Add Others As An We will share the remaining loss,if any, with Additional Insured To This any other insurance that is not described in Insurance this Excess Insurance provision and was not That is other insurance available to an bought specifically to apply in excess of the additional insured.Limits of Insurance shown in the Declarations of this Coverage Part.However,the following provisions c.Method Of Sharingapplytootherinsuranceavailableto any person or organization who is an If all the other insurance permits additional insured under this Coverage contribution by equal s hares, we will follow Part:this method also.Under this approach, (a)Primary Insurance When each insurer contributes equal amounts Required By Contract until it has paid its applicable limit of insurance or none of the loss remains, This insurance is primary if you whichever comes first.have agreed in a written contract, written agreement or permit that If any of the other insurance does not permit this insurance be primary.If other contribution by equal shares,we will insurance is also primary,we will contribute by limits.Under this method,each share with all that other insurance insurer’s share is based on the ratio of its c.by the method described in applicable limit of insurance to the total below.applicable limits of insurance of all insurers. (b)Primary And Non-Contributory 8.Transfer Of Rights Of Recovery Against To Other Insurance When Others To Us Required By Contract a.Transfer Of Rights Of Recovery If you have agreed in a written If the insured has rights to recover all or contract,written agreement or part of any payment,including permit that this insurance is Supplementary Payments,we have made primary and non-contributory with under this Coverage Part,those rights are the additional insured's own transferred to us.The insured must do insurance,this insurance is nothing after loss to impair them.At our primary and we will not seek request,the insured will bring "suit"or contribution from that other transfer those rights to us and help us insurance.enforce them.This condition does not (a)(b)Paragraphs and do not apply to apply to Medical Expenses Coverage. other insurance to which the additional b.Waiver Of Rights Of Recovery (Waiver insured has been added as an Of Subrogation) additional insured.If the insured has waived any rights of When this insurance is excess,we will recovery against any person or have no duty under this Coverage Part to organization for all or part of any payment, defend the insured against any "s uit" if any including Supplementary Payments,we other insurer has a duty to defend the have made under this Coverage Part,we insured against that "suit".If no other also waive that right,provided the insured insurer defends,we will undertake to do waived their rights of recovery against so,but we will be entitled to the insured's such person or organization in a contract, rights against all those other insurers.agreement or permit that was executed prior to the injury or damage. Form SS 00 08 04 05 Page 17 of 24 POLICY # 51SBABA6144 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Countersigned by Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A. Process Date:02/01/24 Policy Expiration Date:04/01/25 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Policy Number:51 WEC AK5W1H Endorsement Number: Effective Date:04/01/24 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address:Economic & Planning Systems 455 CAPITOL MALL STE 701 SACRAMENTO CA 95814 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 Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts 1 Version: August 2024 Consultant shall procure prior to commencement of Services and maintain for the duration of the contract, at its own cost and expense, the following insurance policies and coverage with companies doing business in California and acceptable to City. INSURANCE POLICIES AND MINIMUMS REQUIRED 1. Commercial General Liability (CGL) for bodily injury, property damage, personal injury liability for premises operations, products and completed operations, contractual liability, and personal and advertising injury with limits no less than $2,000,000 per occurrence (ISO Form CG 00 01). If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO Form CG 25 03 or 25 04) or it shall be twice the required occurrence limit. a. It shall be a requirement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be (i) the minimum coverage/limits specified in this agreement; or (ii) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. b. Additional Insured coverage under Consultant's policy shall be "primary and non-contributory," will not seek contribution from City’s insurance/self-insurance, and shall be at least as broad as ISO Form CG 20 10 (04/13). c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess insurance, provided each policy complies with the requirements set forth in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary basis for the benefit of City before the City’s own insurance or self- insurance shall be called upon to protect City as a named insured. 2. Automobile Liability: ISO CA 00 01 covering any auto (including owned, hired, and non-owned autos) with limits no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers’ Compensation: As required by the State of California, with Statutory Limits and Employer’s Liability Insurance of no less than $1,000,000 per occurrence for bodily injury or disease. Not required. Consultant has provided written verification of no employees. 4. Professional Liability for professional acts, errors and omissions, as appropriate to Consultant’s profession, with limits no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. If written on a claims made form: a. The Retroactive Date must be shown and must be before the Effective Date of the Contract. b. Insurance must be maintained for at least five (5) years after completion of the Services. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Contract Effective Date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the Services. EXHIBIT D Insurance Requirements Design Professionals & Consultants Contracts Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts 2 Version: August 2024 OTHER INSURANCE PROVISIONS The aforementioned insurance shall be endorsed and have all the following conditions and provisions: Additional Insured Status The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers (“Additional Insureds”) are to be covered as additional insureds on Consultant’s CGL and automobile liability policies. General Liability coverage can be provided in the form of an endorsement to Consultant’s insurance (at least as broad as ISO Form CG 20 10 (11/ 85) or both CG 20 10 and CG 20 37 forms, if later editions are used). Primary Coverage Coverage afforded to City/Additional Insureds shall be primary insurance. Any insurance or self-insurance maintained by City, its officers, officials, employees, or volunteers shall be excess of Consultant’s insurance and shall not contribute to it. Notice of Cancellation Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums. Waiver of Subrogation Consultant waives any right to subrogation against City/Additional Insureds for recovery of damages to the extent said losses are covered by the insurance policies required herein. Specifically, the Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Consultant, its employees, agents and subconsultants. This provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Deductibles and Self-Insured Retentions Any deductible or self-insured retention must be declared to and approved by the City. At City’s option, either: the insurer must reduce or eliminate the deductible or self-insured retentions as respects the City/Additional Insureds; or Consultant must show proof of ability to pay losses and costs related investigations, claim administration and defense expenses. The policy shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the insured or the City. Acceptability of Insurers Insurance shall be placed with insurers admitted in the State of California and with an AM Best rating of A- VII or higher. Verification of Coverage Consultant must furnish acceptable insurance certificates and mandatory endorsements (or copies of the policies effecting the coverage required by this Contract), and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements prior to commencement of the Contract. City retains the right to demand verification of compliance at any time during the Contract term. Subconsultants Consultant shall require and verify that all subconsultants maintain insurance that meet the requirements of this Contract, including naming the City as an additional insured on subconsultant’s insurance policies. Higher Insurance Limits If Consultant maintains broader coverage and/or higher limits than the minimums shown above, City shall be entitled to coverage for the higher insurance limits maintained by Consultant. Adequacy of Coverage City reserves the right to modify these insurance requirements/coverage based on the nature of the risk, prior experience, insurer or other special circumstances, with not less than ninety (90) days prior written notice. Fiscal Impact Peer Review of Proposed SummerHill Homes Community Final Audit Report 2024-11-13 Created:2024-09-18 By:Webmaster Admin (webmaster@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAAC9D7SE50nPhFuh_aVomJRLvVqz9bEq0U "Fiscal Impact Peer Review of Proposed SummerHill Homes Co mmunity" History Document created by Webmaster Admin (webmaster@cupertino.org) 2024-09-18 - 10:11:12 PM GMT- IP address: 35.229.54.2 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2024-09-18 - 10:43:09 PM GMT Email viewed by Araceli Alejandre (aracelia@cupertino.org) 2024-09-18 - 10:43:16 PM GMT- IP address: 52.202.236.132 Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2024-09-19 - 3:17:18 PM GMT - Time Source: server- IP address: 71.204.144.228 Document emailed to Benjamin Sigman (bsigman@epsys.com) for signature 2024-09-19 - 3:17:21 PM GMT Email viewed by Benjamin Sigman (bsigman@epsys.com) 2024-09-20 - 6:09:23 AM GMT- IP address: 104.28.111.132 Email viewed by Benjamin Sigman (bsigman@epsys.com) 2024-10-30 - 9:43:25 PM GMT- IP address: 23.93.180.69 New document URL requested by Benjamin Sigman (bsigman@epsys.com) 2024-11-13 - 1:07:15 AM GMT- IP address: 68.121.161.161 Email viewed by Benjamin Sigman (bsigman@epsys.com) 2024-11-13 - 1:07:34 AM GMT- IP address: 68.121.161.161 Document e-signed by Benjamin Sigman (bsigman@epsys.com) Signature Date: 2024-11-13 - 1:08:00 AM GMT - Time Source: server- IP address: 68.121.161.161 Document emailed to Christopher Jensen (christopherj@cupertino.org) for signature 2024-11-13 - 1:08:03 AM GMT Email viewed by Christopher Jensen (christopherj@cupertino.org) 2024-11-13 - 1:08:13 AM GMT- IP address: 52.202.236.132 Signer Christopher Jensen (christopherj@cupertino.org) entered name at signing as Christopher D. Jensen 2024-11-13 - 1:19:19 AM GMT- IP address: 64.165.34.3 Document e-signed by Christopher D. Jensen (christopherj@cupertino.org) Signature Date: 2024-11-13 - 1:19:21 AM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to Benjamin Fu (benjaminf@cupertino.org) for signature 2024-11-13 - 1:19:24 AM GMT Email viewed by Benjamin Fu (benjaminf@cupertino.org) 2024-11-13 - 1:19:39 AM GMT- IP address: 52.202.236.132 Document e-signed by Benjamin Fu (benjaminf@cupertino.org) Signature Date: 2024-11-13 - 7:31:12 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature 2024-11-13 - 7:31:15 PM GMT Email viewed by Kirsten Squarcia (kirstens@cupertino.org) 2024-11-13 - 7:31:26 PM GMT- IP address: 52.202.236.132 Document e-signed by Kirsten Squarcia (kirstens@cupertino.org) Signature Date: 2024-11-13 - 8:17:58 PM GMT - Time Source: server- IP address: 64.165.34.3 Agreement completed. 2024-11-13 - 8:17:58 PM GMT