Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
17-013 Moore Iacofano Goltsman, Consultant Services for Citywide Parks, Open Space and Recreation Master Plan
FIRST AMENDMENT TO AGREEMENT 17-013 BETWEEN THE CITY OF CUPERTINO AND MIG INC FOR I CONSULTANT SERVICES FOR CITYWIDE PARKS AND RECREATION MASTER PLAN This First Amendment to Agreement 17-013 between the City of Cupertino and MIG Inc.,for reference dated June 17, 2019 is by and between the CITY OF CUPERTINO, a municipal corporation (hereinafter "City") and MIG Inc., a California corporation ("Consultant")whose address is 800 Hearst Avenue, Berkeley, CA 94710, and is made with reference to the following: a RECITALS: A. On January 25, 2017, an agreement was entered into by and between City and Consultant hereinafter "Agreement") for relating to the Citywide Park i( g ) g tyw sand � Recreation Master Plan.The agreement will expire on June 30, 2019. B. The Agreement and the First Amendment are collectively referred to as the "Agreement" unless otherwise indicated C. City and Consultant desire to modify the Agreement on the terms and conditions set forth herein. NOW, THEREFORE, it is mutually agreed by and between and undersigned parties as follows: 1. Term Paragraph 1 of the Agreement is modified to read as follows: This Agreement shall commence on the date this agreement is executed and shall terminate on June 30, 2020, unless terminated earlier as set forth herein. 2. 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. II I IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed. CONS LTANT CITY OF CUPERTINO By �' ^ By Title PVl VI 4��4 Title RECOMMENDED FOR APPROVAL APPROVED AS TO FORM TitleL City Attorney ATTEST t City Clerk EXPENDITURE DISTRIBUTION PO #2017- 420-99-045 900-905 00000420 Original $250,000 Amendment #1: $0 Total: $250,000 �h�® r ATE(MMIDDIYYYY) "` CERTIFICATE OF LIABILITY INSURANCE 6/18i2019 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 NAME: JO Lusk Dealey, Renton&Associates PHONE FAX P. 0. Box 12675 c 510-465-3090 tuc No):510-452-2193 Oakland CA 94604-2675 ADDRESS: Certificates@dealeyrenton.com INSURERS AFFORDING COVERAGE NAIC# INSURER A:Travelers Property Casualty Cc ofAmeri 25674 INSURED MOOREIACO INSURER B:Berkley Insurance Company 32603 IMIInc. INSURER C:Travelers IndemnityCo.of Connecticut 25 800 Hearst Ave. 682 800 Berkeley CA 94710 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:106102608 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 ADDLSUBTYPE OF INSURANCE INSD WVD POLICY NUMBER LTR MM DD/YYYY MMIDDY/YYYY LIMITS A X COMMERCIAL GENERALLIABILITY Y Y 68011-1899998 8/31/2018 8/31/2019 EACHOCCURRENCE $1,000,000 � OCCUR DAMAGE TO RENTED CLAIMS-MADE PREMISES Ea occurrence $1,000,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $2,000,000 POLICY�PEO LOC PRODUCTS-COMP/OPAGG $2,000,000 OTHER: $ C AUTOMOBILE LIABILITY Y Y BA6K931299 8/31/2018 8/31/2019 COMBINED SINGLE LIMIT $1,000,000 Ea accident Ix ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULEDBODILY INJURY(Per accident) $ AUTOSONLY AUTOSHIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident A X UMBRELLA LIAB X OCCUR Y Y CUPOH758762 8/31/2018 8/31/2019 EACH OCCURRENCE $10,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000 DED I I RETENTION$ 1 $ A WORKERS COMPENSATION Y UB21_553909 8/31/2018 8/31/2019 X STATUTE EORH AND EMPLOYERS'LIABILITY Y I N ANYPROPRIETOR/PARTNER/EXECUTIVE N N/A E.L.EACH ACCIDENT $1,000,000 OFF ICER/MEMBEREXCLUDED7 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 B Professional AEC902572700 8/31/2018 8/31/2019 $2,000,000 per Claim Liability $4,000,000 Ann]Aggr. DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re:Citywide Parks,Open Space and Recreation Master Plan-City of Cupertino,its City Council,boards and commissions,officers,employees and volunteers are named as Additional Insureds as respects General Liability and Automobile Liability for claims arising from the operations of the named insured.Waiver of Subrogation applies to the General Liability and Automobile Liability policies. 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 City of Cupertino ACCORDANCE WITH THE POLICY PROVISIONS. Department of Recreation and.Community 10300 Torre Avenue AUTHORI DREPRESENTATIVE Cupertino CA 95014-3202 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY COVERAGE NAMED INSURED:MIG, Inc. POLICY NUMBER: 68011-1899998 ADDITIONAL COVERAGES BY WRITTEN CONTRACT OR AGREEMENT This is a summary of the coverages provided under the following forms (complete forms available): Excerpt from COMMERCIAL GENERAL LIABILITY COVERAGE (FORM #CG T1 00 02 19) SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS 4. OTHER INSURANCE - 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 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 sought occurs; and (2)The"personal and advertising 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. Excerpt from XTEND ENDORSEMENT FOR ARCHITECTS, ENGINEERS AND SURVEYORS (FORM #CG D3 79 0219) PROVISION M. - BLANKET WAIVER OF SUBROGATION - WHEN REQUIRED BY WRITTEN CONTRACT OR AGREEMENT: 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. Page 1 Policy# BA6K931299 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 CARRIER COVERAGE FORM The following replaces Paragraph A.5., Transfer of required of you by a written contract executed Rights Of Recovery Against Others To Us, of the prior to any "accident" or "loss", provided that the CONDITIONS Section: "accident' or "loss" arises out of the operations 5. Transfer Of Rights Of Recovery Against Oth- contemplated by such contract. The waiver ap- ers To Us plies only to the person or organization desig- We waive any right of recovery we may have nated in such contract. against any person or organization to the extent CA T3 40 02 15 ©2015 The Travelers Indemnity Company.All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 6801H899998 ISSUED DATE: 6/18/2019 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- location designated and described in the schedule of clude as an additional insured the person(s) or or- this endorsement performed for that additional in- ganization(s) shown in the Schedule, but only with sured and included in the "products-completed opera- respect to liability for "bodily injury" or "property dam- tions hazard". age" caused, in whole or in part, by"your work" at the CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 POLICY NUMBER 6801 H899998 COMMERCIAL GENERAL LIABILITY ISSUED DATE: 6/18/2019 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, on this Coverage Part, provided that such written contract was signed and executed 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 an applicable written contract with the 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.) A. Section II —Who Is An Insured is amended to in- This insurance does not apply to "bodily injury" or clude as an additional insured the person(s) or "property damage" occurring, or "personal injury" organization(s) shown in the Schedule, but only or "advertising injury" arising out of an offense with respect to liability for"bodily injury", "property committed, after: damage", "personal injury" or "advertising injury" 1. All work, including materials, parts or equip- caused, in whole or in part, by: ment furnished in connection with such work, 1. Your acts or omissions; or on the project (other than service, mainte- 2. The acts or omissions of those acting on your nance or repairs) to be performed by or on behalf; behalf of the additional insured(s) at the loca- tion of the covered operations has been com- in the performance of your ongoing operations for pleted; or the additional insured(s) at the location(s) desig- nated above. 2. That portion of "your work" out of which the injury or damage arises has been put to its in- B. With respect to the insurance afforded to these tended use by any person or organization additional insureds, the following additional exclu- other than another contractor or subcontrac- sions apply: for 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 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Policy: BA6K931299 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM The following is added to Paragraph c. in A.1., Who between you and that person or organization, that is Is An Insured, of SECTION II — COVERED AUTOS signed by you before the "bodily injury" or "property LIABILITY COVERAGE in the BUSINESS AUTO damage" occurs and that is in effect during the policy COVERAGE FORM and Paragraph e. in A.1.,Who Is period, to name as an additional insured for Covered An Insured, of SECTION II — COVERED AUTOS Autos Liability Coverage, but only for damages to LIABILITY COVERAGE in the MOTOR CARRIER which this insurance applies and only to the extent of COVERAGE FORM, whichever Coverage Form is that person's or organization's liability for the conduct part of your policy: of another"insured". This includes any person or organization who you are required under a written contract or agreement CA T4 37 02 16 ©2016 The Travelers Indemnity Company.All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc.with its permission. TRAVELERS, WORKERS COMPENSATION AND ONE TOWER SQUARE EMPLOYERS LIABILITY POLICY HARTFORD CT 06183 ENDORSEMENT WC 00 03 13 (00)- 001 POLICY NUMBER: U1321-553909 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. SCHEDULE DESIGNATED PERSON: DESIGNATED ORGANIZATION: Re:Citywide Parks,Open Space and Recreation Master Plan-City of Cupertino,its City Council,boards and commissions,officers, employees and volunteers DATE OF ISSUE: 6/18/2019 ST ASSIGN: PAGE 1 OF 1 n POLICY NUMBER:BA61<931299 COMMERCIAL AUTO CA20481013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE j This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s)who are "insureds"for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured:MIG, Inc. Endorsement Effective Date:8/31/2018 SCHEDULE Name Of Person(s) Or Organization(s):Re: Citywide Parks, Open Space and Recreation Master Plan -City of Cupertino, its City Council, boards and commissions, officers, employees and volunteers Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured"for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.I. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 -210I-�-TLO AGREEMENT BETWEEN THE CITY OF CUPERTINO AND MOORE IACOFANO GOLTSMAN FOR CONSULTANT SERVICES FOR CITYWIDE PARKS,OPEN SPACE AND RECREATION MASTER PLAN THIS AGREEMENT,for reference dated January 25,2017, is by and between CITY OF CUPERTINO, a municipal corporation (hereinafter referred to as "City"), and Moore Iacofano Goltsman(MIG), a California corporation,whose address is 800 Hearst Avenue, Berkeley, CA 94710 (hereinafter referred to as "Consultant"), and is made with reference to the following: RECITALS: A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the Constitution and the statutes of the State of California and the Cupertino Municipal Code. B. Consultant is specially trained,experienced and competent to perform the special services which will be required by this Agreement; and C. Consultant possesses the skill, experience, ability,background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein. D. City and Consultant desire to enter into an agreement for park and recreation master planning services upon the terms and conditions herein. NOW,THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM: The term of this Agreement shall commence on the date this agreement is executed and shall terminate on June 30, 2019,unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED: Consultant shall perform each and every service set forth in Exhibit"A" titled "Scope of Services" which is attached hereto and incorporated herein by this reference. Agreement between City of Cupertino Page 1 of 24 and MIG 3. SCHEDULE OF PERFORMANCE: The Services of Consultant are to be completed according to the schedule set out in Exhibit B,titled"Schedule of Performance",which is attached hereto and incorporated herein by this reference. 4. COMPENSATION TO CONSULTANT: The maximum compensation to be paid to Consultant under this agreement for Basic Services shall not exceed Two Hundred Fifty Thousand Dollars ($250,000.00). The rate of payment is set out in Exhibit C, titled "Compensation", which is attached hereto and incorporated herein. Consultant shall furnish to City a detailed statement of the work performed for compensation during the term of this Agreement. Consultant may submit monthly invoices for interim progress payments during the course of each phase, clearly stating as a minimum the total Contract amount, amount paid to date, percent complete and amount due, and detailed information including hours worked as requested. 5. TIME IS OF THE ESSENCE: Consultant and City agree that time is of the essence regarding the performance of this Agreement. 6. STANDARD OF CARE: Consultant agrees to perform all services hereunder in a manner commensurate with the prevailing standards of like professionals in the San Francisco Bay Area and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the City nor have any contractual relationship with City. 7. INDEPENDENT PARTIES: City and Consultant intend that the relationship between them created by this Agreement is that of employer-independent contractor. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment will be acquired by virtue of Consultant's services. None of the benefits provided by City to its employees, including but not limited to, unemployment insurance, workers' compensation plans, vacation and sick leave are available from City to Consultant, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employer-employee relationship from any fees due Consultant. Payments of the above items, if required, are the responsibility of Consultant. Agreement between City of Cupertino Page 2 of 24 and MIG 8. IMMIGRATION REFORM AND CONTROL ACT (IRCA): Consultant assumes any and all responsibility for verifying the identity and employment authorization of all of his/her employees performing work hereunder, pursuant to all applicable IRCA or other federal, or state rules and regulations. Consultant shall indemnify and hold City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Consultant. 9. NON-DISCRIMINATION: Consistent with City's policy that harassment and discrimination are unacceptable employer/employee conduct, Consultant agrees that harassment or discrimination directed toward a job applicant, a City employee, or a citizen by Consultant or Consultant's employee or subcontractor on the basis of race, religious creed, color,national origin, ancestry,handicap, disability, marital status, pregnancy, sex, age, or sexual orientation will not be tolerated. Consultant agrees that any and all violations of this provision shall constitute a material breach of this Agreement. 10. PROJECT COORDINATION CITY: Director of Recreation and Community Services shall be representative of City for all purposes under this Agreement. Gail Seeds is hereby designated as the Director of Recreation and Community Services'designee and Project Manager,and shall supervise the progress and execution of this Agreement. CONSULTANT: Consultant shall assign a single Consultant Project Manager to have overall responsibility for the progress and execution of this Agreement for Consultant. Should circumstances or conditions subsequent to the execution of the Agreement require a substitute Consultant Project Manager for any reason, the Consultant Project Manager designee shall be subject to the prior written acceptance and approval of the City Project Manager. The designated Consultant Project Manager shall be Lauren Schmitt. 11. HOLD HARMLESS: Indemnification: A. Claims for Professional Liability. Where the law establishes a standard of care for Consultant's professional services, and to the extent the Consultant breaches or fails to meet such established standard of care,or is alleged to have breached or failed to meet such standard of care, Consultant shall, to the fullest extent allowed Agreement between City of Cupertino Page 3 of 24 and MIG by law, with respect to all services performed in connection with the Agreement, indemnify, defend, and hold harmless the City and its officers, officials, agents, employees and volunteers from and against any and all liability, claims, actions, causes of action or demands whatsoever against any of them,including any injury to or death of any person or damage to property or other liability of any nature, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant or Consultant's employees, officers, officials, agents or independent contractors. Such costs and expenses shall include reasonable attorneys' fees of counsel of City's choice, expert fees and all other costs and fees of litigation. Consultant shall not be obligated under this Agreement to indemnify City to the extent that the damage is caused by the sole negligence or willful misconduct of City, its agents or employees. B.Claims for Other Liability.Consultant shall,to the fullest extent allowed by law, with respect to all services performed in connection with the Agreement indemnify, defend, and hold harmless the City and its officers, officials, agents, employees and volunteers from and against any and all liability, claims, actions, causes of action or demands whatsoever against any of them,including any injury to or death of any person or damage to property or other liability of any nature, that arise out of, pertain to, or relate to the performance of this Agreement by Consultant or Consultant's employees, officers, officials, agents or independent contractors. Such costs and expenses shall include reasonable attorneys' fees of counsel of City's choice, expert fees and all other costs and fees of litigation. 12. INSURANCE: On or before the commencement of the term of this Agreement,Consultant shall furnish City with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with paragraph 12A, B, C,D and E. Such certificates, which do not limit Consultant's indemnification, shall also contain substantially the following statement: "Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof,the insurer affording coverage shall provide thirty (30) days' advance written notice to the City of Cupertino by certified mail,Attention: City Manager." It is agreed that Consultant shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company that is acceptable to City and licensed to do insurance business in the State of California. Endorsements naming the City as additional insured shall be submitted with the insurance certificates. Agreement between City of Cupertino Page 4 of 24 and MIG A. COVERAGE: Consultant shall maintain the following insurance coverage: (1) Workers' Compensation: Statutory coverage as required by the State of California. (2) Liabili Commercial general liability coverage in the following minimum limits: Bodily Injury: $500,000 each occurrence $1,000,000 aggregate-all other Property Damage: $100,000 each occurrence $250,000 aggregate If submitted, combined single limit policy with aggregate limits in the amounts of$1,000,000 will be considered equivalent to the required minimum limits shown above. (3) Automotive: Comprehensive automotive liability coverage in the following minimum limits: Bodily Injury: $500,000 each occurrence Property Damage: $100,000 each occurrence or Combined Single Limit: $500,000 each occurrence (4) Professional Liability: Professional liability insurance which includes coverage for the professional acts, errors and omissions of Consultant in the amount of at least$1,000,000. B. SUBROGATION WAIVER: Consultant agrees that in the event of loss due to any of the perils for which he/she has agreed to provide comprehensive general and automotive liability insurance, Consultant shall look solely to his/her insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right to subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. C. FAILURE TO SECURE: If Consultant at any time during the term hereof should fail to secure or maintain the foregoing insurance, City shall be permitted to obtain such insurance in the Agreement between City of Cupertino Page 5 of 24 and MIG Consultant's name or as an agent of the Consultant and shall be compensated by the Consultant for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid. D. ADDITIONAL INSURED: City,its City Council,boards and commissions, officers,employees and volunteers shall be named as an additional insured under all insurance coverages, except any professional liability insurance,required by this Agreement. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. E. SUFFICIENCY OF INSURANCE: The insurance limits required by City are not represented as being sufficient to protect Consultant. Consultant is advised to confer with Consultant's insurance broker to determine adequate coverage for Consultant. 13. CONFLICT OF INTEREST: Consultant warrants that it is not a conflict of interest for Consultant to perform the services required by this Agreement. Consultant may be required to fill out a conflict of interest form if the services provided under this Agreement require Consultant to make certain governmental decisions or serve in a staff capacity as defined in Title 2, Division 6, Section 18700 of the California Code of Regulations. 14.PROHIBITION AGAINST TRANSFERS: Consultant 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 without said consent shall be null and void, and any assignee, sublease,hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment,hypothecation or transfer. However, claims for money by Consultant from City under this Agreement may be assigned to a bank, trust company or other financial institution without prior written consent. Written notice of such assignment shall be promptly furnished to City by Consultant. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venture or syndicate member or cotenant,if Consultant is a partnership or joint venture Agreement between City of Cupertino Page 6 of 24 and MIG or syndicate or cotenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent(50%) or more of the voting power of the corporation. 15. SUBCONTRACTOR APPROVAL: Unless prior written consent from City is obtained, only those people and subcontractors whose names are included in this Agreement shall be used in the performance of this Agreement. In the event that Consultant employs subcontractors, such subcontractors shall be required to furnish proof of workers' compensation insurance and shall also be required to carry general, automobile and professional liability insurance in reasonable conformity to the insurance carried by Consultant. In addition, any work or services subcontracted hereunder shall be subject to each provision of this Agreement. 16. PERMITS AND LICENSES: Consultant, at his/her sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, certificates and licenses including,but not limited to, a City Business License, that may be required in connection with the performance of services hereunder. 17. REPORTS: A. Each and every report, draft, work product,map, record and other document,hereinafter collectively referred to as "Report", reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement, shall be the exclusive property of City. Consultant shall not copyright any Report required by this Agreement and shall execute appropriate documents to assign to City the copyright to Reports created pursuant to this Agreement. Any Report,information and data acquired or required by this Agreement shall become the property of City, and all publication rights are reserved to City. Consultant may retain a copy of any report furnished to the City pursuant to this Agreement. B. All Reports prepared by Consultant may be used by City in execution or implementation of: (1) The original Project for which Consultant was hired; (2) Completion of the original Project by others; (3) Subsequent additions to the original project; and/or (4) Other City projects as appropriate. C. Consultant shall, at such time and in such form as City may require, furnish reports concerning the status of services required under this Agreement. Agreement between City of Cupertino Page 7 of 24 and MIG D. All Reports required to be provided by this Agreement shall be printed on recycled paper. All Reports shall be copied on both sides of the paper except for one original, which shall be single sided. E. No Report,information or other data given to or prepared or assembled by Consultant pursuant to this Agreement shall be made available to any individual or organization by Consultant without prior approval by City. F. Electronic and hard copies of Consultant's work product shall constitute the Project deliverables. Plans to be in CAD and PDF formats, and other documents to be in Microsoft Word and PDF formats. City holds Consultant harmless for any modifications to the documents. 18. RECORDS: Consultant shall maintain complete and accurate records with respect to sales, costs,expenses,receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to such books and records to the representatives of City or its designees at all proper times, and gives City the right to examine and audit same, and to make transcripts therefrom as necessary, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained for a period of three (3) years after receipt of final payment. If supplemental examination or audit of the records is necessary due to concerns raised by City's preliminary examination or audit of records, and the City's supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of contract or failure to act in good faith, then Consultant shall reimburse City for all reasonable costs and expenses associated with the supplemental examination or audit. 19.NOTICES: All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States Mail, postage prepaid, registered or certified, addressed as hereinafter provided. Agreement between City of Cupertino Page 8 of 24 and MIG All notices, demands, requests, or approvals from Consultant to City shall be addressed to City at: City of Cupertino, Quinlan Community Center 10185 North Stelling Road Cupertino CA 95014 Attention: Director of Recreation and Community Services All notices, demands, requests, or approvals from City to Consultant shall be addressed to Consultant at: MIG,Inc. 815 SW 2nd Avenue, Suite 200 Portland, OR 97204-3022 Attention:Lauren Schmitt 20. TERMINATION: In the event Consultant fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Consultant shall be deemed in default in the performance of this Agreement. If such default is not cured within the time specified after receipt by Consultant from City of written notice of default, specifying the nature of such default and the steps necessary to cure such default, City may terminate the Agreement forthwith by giving to the Consultant written notice thereof. City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven(7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. In the event of termination, Consultant shall deliver to City, copies of all reports, documents, and other work performed by Consultant under this Agreement. 21.COMPLIANCES: Consultant shall comply with all state or federal laws and all ordinances, rules and regulations enacted or issued by City. A. PREVAILING WAGES: To the extent applicable, Contractor shall comply with the City's Labor Compliance Program and all other requirements set forth in Labor Code section 1770 et seq. Contractor shall pay prevailing wages. Contractor will submit monthly certified payroll records to the City for all employees and subcontractors in a preapproved format or a City provided form. Any delay in remitting certified payroll reports to the City upon request from the City will result in either delay and/or forfeit of outstanding payment to Contractor. Agreement between City of Cupertino Page 9 of 24 and MIG B. WORKING DAY: To the extent applicable, Contractor shall comply with California Labor Code Section 1810, et seq. which provides that work performed by employees of contractors in excess of 8 hours per day,and 40 hours during any one week, must be compensated as overtime, at not less than 1 1/2 times the basic rate of pay. C. PAYROLL RECORDS: To the extent applicable, Contractor shall comply with California Labor Code Section 1776 which requires certified payroll records be maintained with the name, address, social security number, work classification, straight time and overtime hours worked each day and week,and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with this Agreement. The Payroll Records shall be made available for inspection as provided in California Labor Code Section 1776. D. APPRENTICES: To the extent applicable, Contractor shall comply with California Labor Code Section 1777.5 regarding apprentices. 22. CONFLICT OF LAW: This Agreement shall be interpreted under, and enforced by the laws of the State of California excepting any choice of law rules which may direct the application of laws of another jurisdiction. The Agreement and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Agreement(or the successors of those authorities.) Any suits brought pursuant to this Agreement shall be filed with the courts of the County of Santa Clara, State of California. 23.ADVERTISEMENT: Consultant shall not post, exhibit, display or allow to be posted, exhibited, displayed any signs, advertising, show bills, lithographs, posters or cards of any kind pertaining to the services performed under this Agreement unless prior written approval has been secured from City to do otherwise. 24. WAIVER: A waiver by City of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character. Agreement between City of Cupertino Page 10 of 24 and MIG 25. INTEGRATED CONTRACT: This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 26. GIFTS: A. Consultant is familiar with City's prohibition against the acceptance of any gift by a City officer or designated employee,which prohibition is found in City Administrative Procedures. B. Consultant agrees not to offer any City officer or designated employee any gift prohibited by the Administrative Procedures. C. The offer or giving of any prohibited gift shall constitute a material breach of this Agreement by Consultant. In addition to any other remedies, City may have in law or equity, City may terminate this Agreement for such breach as provided in Section 19 of this Agreement. 27. INSERTED PROVISIONS: Each provision and clause required by law to be inserted into the Agreement shall be deemed to be enacted herein, and the Agreement shall be read and enforced as though each were included herein. If through mistake or otherwise, any such provision is not inserted or is not correctly inserted, the Agreement shall be amended to make such insertion on application by either party. 28. CAPTIONS: The captions 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. Agreement between City of Cupertino Page 11 of 24 and MIG P.O. No.: '3L01 I Li ZJ IN WITNESS WHEREOF, the parties have caused the Agreement to be executed. CONSULTANT CITY OF CUPERTINO MIG A Munic'p , Corporation By: By: David Brandt Name: gl .M. City Manager Date: -r � - Title: Date: Tax I.D. No.: 1 ' ' U APPROVED AS TO FORM Address: 800 Hearst Avenue Berkeley, CA 94710 660 Randolph Stevenson Horn City Attorney ATTEST: I� Grace Schmidt, City Clerk Contract Amount: $250,000.00 Account No. : 420-99-045 900-905 Agreement between City of Cupertino Page 12 of 24 and MIG EXHIBIT A SCOPE OF SERVICES Moore Iacofano Goltsman (MIG)will be the prime consultant and coordinate the work of any subconsultants. Work by TRA Environmental Sciences (now a division of MIG), 2635 N. First Street, Suite 149, San Jose, CA 95134 is included in the base scope. Acceptable subconsultants may include: The Sports Management Group,2607 7`h Street, Berkeley, CA 94710 The consultant will provide services to the City that will result in a comprehensive master plan that assesses current park space, recreation facilities and recreation programs and current and projected community needs to guide future programmatic decisions and capital improvement planning.The anticipated scope of services follows. Monthly project meetings with the city project team are intended throughout the process and will occur in Cupertino unless noted otherwise. Weekly or bi-weekly update meetings are expected via telephone,Go To meeting or similar process as acceptable to City. Consultant shall provide agendas and meeting minutes. These ongoing meetings are considered part of project administration and are not noted in the scope below. Onsite project meetings may be scheduled to take advantage of other tasks involving meetings/workshops that are to occur in Cupertino. TASK A. Project Initiation Prior to embarking on remaining Scope of Work, Consultant will confer with City staff to develop a detailed and realistic work schedule. Consultant will identify all information to be provided by City staff. City staff will provide all requested documents efficiently. Consultant shall review and become familiar with all documents, data and information provided by City and shall alert City if any information gaps exist. A project initiation meeting with City staff and project team members will occur.Topics will include a review of scope,process and schedule. Consultant shall present the work schedule, which will be updated periodically during the project as needed. Meetings • Project Initiation Meeting with City staff/project team Deliverables • Work Schedule Agreement between City of Cupertino Page 13 of 24 and MIG,Exhibit A Materials to be provided by City: see Exhibit A-1 TASK B. City Policy and Standards Review; Demographic Analysis; Trends Report This task is completed. TASK C. Existing Parks, Open Space and Recreation Facilities and Programs Inventory/Analysis Report The consultant is to refine and complete a comprehensive inventory and analysis of all parks, open spaces, and trails, and is to identify and evaluate programs and servicesoffered by the existing recreation facilities. Consultant shall visit and review all City parks and recreation facilities. The inventory should note the user groups s and types of usage for primary facilities and typical usage windows.An analysis of the City's recreational programs is to be performed as part of this task to determine the level of recreational needs currently being met and to identify those recreational areas that are lacking or not being served in Cupertino. Program analysis and user group/usage information may be incorporated into the inventory report or may be provided separately. The inventory and analysis is to include (for each individual park, trail, open space and recreational facility): • Location • Size and Boundary • Use-Neighborhood or Regional e.g. • History as applicable—from City records (past renovations) • Current condition • Facilities—inventory of park and recreational facilities (playgrounds,play fields,ball courts,pools,gyms,trails, restrooms,structures,parking capacity) • Recreation programs — scheduled programs throughout the year (for programs provided by City) • Compliance with ADA requirements(see 2015 citywide report) • Constraints—Consultant to identify any features that compromise the full potential of the park • Opportunities — Consultant to identify opportunities to expand or enhance recreational opportunities • Operations and maintenance—Consultant to review with City and maintenance staff, including issues related to current and projected operations and maintenance requirements • School facilities —Consultant to review school sport field facilities that are available for public use per the City-Cupertino Union School District maintenance and shared use agreement Agreement between City of Cupertino Page 14 of 24 and MIG,Exhibit A • Sustainability — Consultant to evaluate opportunities to increase sustainability practices such as reducing turf, energy and water consumption, etc. There will be a specific emphasis on sustainable maintenance practices to help control growing costs. Consultant shall review and incorporate park and facility inventory work completed by others. Consultant staff shall perform their own independent evaluation of city parks, sites, facilities and programs. Inventory shall include parks, sites and facilities that are city-owned or city-operated or that City has an opportunity to program. Also included shall be other public or quasi-public sites that are available to the community (such as Rancho Rinconada recreation center). Consultant shall provide a GIS-based base map of the City suitable for use in geographic evaluation and upcoming tasks. Consultant shall prepare a map exhibit which indicates 'walksheds' to parks and recreation facilities based on 1/4 mile and 1/2 mile distances using the existing street and trail network(or other distances as mutually agreeable). Consultant shall perform a geographic analysis of City parks and facilities and provide conclusions regarding deficiencies or opportunities. Evaluation of recreation programs/activities shall focus on City-provided recreation and programs or activities that City sponsors, hosts, or otherwise supports. Primary non-City recreation providers shall be noted and their programs summarized. Consultant shall issue a draft report containing the above-noted content. The report shall include an executive summary that provides an overview of the city setting and summarizes key points and findings.The draft report shall be posted and presented to the Parks and Recreation Commission (see task below). After public and Commission input has been received, Consultant shall incorporate revisions and issue a final report. Meetings • Site and Facility Field Reviews with staff Deliverables • Existing Parks and Recreation Facilities draft and final reports • Existing Programs draft and final reports TASK D. Gather Input and Assess Community Needs This phase includes the community outreach process,to solicit community input to assist with determining how Cupertino parks,trails,open spaces and recreation facilities can better meet the needs of the community,both currently and in the long term(20+years). The community outreach and public input process is integral to the parks, trails and recreation master planning process. Agreement between City of Cupertino Page 15 of 28 and MIG,Exhibit A Substantial work for this task has been implemented. Completed tasks include: • Community-wide survey conducted March-July 2016 • Interviews with a variety of stakeholder groups • Booths and public outreach at community events including Big Bunny Fun Run,Earth Day and Arbor Day, Cupertino Day, and 41h of July inviting feedback regarding desirable facilities, amenities and programs • Community Workshop in May 2016 • Block Leader Workshop in June 2016 • Regular updates and input opportunities at Parks and Recreation Commission meetings Consultant shall conduct additional interviews with up to 8 stakeholders or involved parties, which may include elected officials,commissioners, school district representatives or others. A community advisory group composed of diverse stakeholders and community representatives will be formed. The advisory group will provide input throughout the process, participate in developing a community-wide vision, help develop options and recommend courses of action to the Parks and Recreation Commission. The community advisory group is anticipated to convene approximately monthly or as needed. Reports Consultant shall review draft reports and documentation prepared by others. Consultant shall prepare a report documenting the results of the overall public outreach process, and a report of the community-wide survey results. The report shall include an evaluation of the input that provides context, common themes and priorities, key unmet needs or deficiencies that were identified, conclusions, and an executive summary. Public Input/Commission Meetings Two Commission-hosted meetings will be held. The first is expected to focus on a presentation of the inventory and analysis information, and the results and findings from public outreach and the community-wide survey input. Consultant will prepare associated presentation materials(graphics,maps,PowerPoint,etc.). Public and Commission input will be invited. The second meeting is expected to focus on identifying the community's Vision for the future of our parks and recreation and associated overarching Goals, together with objectives, policies, strategies, and/or actions. The Consultant will provide a draft Vision, goals and objectives which emphasize input from the community outreach efforts. This meeting is expected be conducted as a less formal workshop or study session format,as a more open and interactive public forum designed to promote interaction. Smaller group discussions may be used, as well as comment sheets to help capture additional ideas as they arise and invite participation by persons not comfortable with public speaking. Consultant will record the comments received and incorporate them into the findings, and adjust the Vision and Goals narratives as appropriate. The Vision will be established as a series of community-driven Agreement between City of Cupertino Page 16 of 28 and MIG,Exhibit A themes which will embrace key topics (for example, sustainability,focus on arts,promoting healthy community, or other areas). A workshop with Recreation management staff will provide staff input on the vision and goals. As mutually agreeable, the Vision and Goals meeting may be combined with the preceding Commission meeting and the time will be used instead for a public meeting or workshop later in the process. On-line Outreach-Vision and Goals feedback Following the Vision and Goals meeting, Consultant shall conduct a short, targeted online outreach effort. This effort will focus on eliciting feedback and comments on the refined Vision and Goals. The intent is to confirm that the Vision and Goals correctly represent community sentiment and to ensure that community members have an additional chance to participate before decision-making which is based on the goals proceeds. City Council Meeting Consultant shall prepare and provide an update presentation to the City Council following refinement of the Vision and Goals. The Council meeting may occur as a study session. Presentation shall provide an overview of all work and findings to date and invite Council to weigh in on project progress and the proposed Vision and Goals. Graphics Consultant shall provide new, fresh graphics and 'branding' for the Master Plan process which will be incorporated in fliers,website postings,and promotional efforts. Outreach will be ongoing through the City's website. Consultant will provide web-ready uploads for posting,including reports,surveys, and other supporting data. Outreach will include use of social media sites and email notifications. Consultant will engage the broader public through interactive information sharing such as Facebook,Twitter and other platforms. Throughout the master planning process, Consultant shall provide materials such as fliers/notifications, updates,and materials for public information,suitable for website and social media postings and dissemination. Needs Assessment Consultant shall prepare a needs assessment and address current,medium and long-term needs of the community for parks and recreation facilities and programs. The needs assessment shall incorporate all manner of previous public input, input from stakeholder, staff, and Commissions, demographic and trends analyses, results of the evaluations of the existing system,local and regional setting,and related factors. Assessment should evaluate parks,open space,trails,facilities,and programs. An assessment shall also be prepared of the connections to and among park and recreation system destinations,with a focus on the current and proposed bicycle-pedestrian network.The assessment shall also address connections to nearby County and regional parks that are within or in proximity to Cupertino(Rancho San Antonio,Stevens Creek County Park,Fremont Older Open Space Preserve etc.). The intention is that connections themselves can become part of the overall park and recreation system, create an inviting citywide network, and provide an Agreement between City of Cupertino Page 17 of 28 and MIG,Exhibit A appealing means to be outdoors and to access desirable venues. The 2016 Bicycle Transportation Plan shall be thoughtfully evaluated from a perspective of supporting the parks and recreation system, with a fresh look at how potential projects could be prioritized to support park and recreation goals. Cupertino desires to identify a safe,attractive,robust network of non-vehicular connections that will integrate with and complement the extensive work that has gone into recent bicycle transportation planning efforts. Opportunities Evaluation—Parks and Recreation Consultant shall identify opportunities to address needs. Opportunities may include modifying, repurposing, expanding or adding parks, facilities or programs; developing new partnerships or strengthening existing ones; shared-use or joint-use sites or facilities; or other methods. City-operated parks and facilities shall receive special focus. Consultant shall also consider other public and quasi-public sites and facilities for possible opportunities, such as County parks, regional open space preserves, water district creek corridors and percolation pond systems,railroad corridors, and highway and utility corridors. Consultant shall identify potential opportunities for physical expansion of parks, trails and recreation facilities. Opportunities may include use of existing or available easements and rights-of-way, collaboration with other agencies for access, potential future acquisitions from willing sellers,use of city-controlled or publicly-owned land to create community parks and/or facilities and connect gaps in the existing trail network, and any other opportunities to expand the park and recreation system to address identified needs. Opportunities Evaluation—Ecological Consultant shall identify and evaluate ecological opportunities within the existing and potential future citywide parks and recreation system. Ecological opportunities could include varied possibilities (for example, creating or extending healthy greenbelts, habitat areas, pollinator corridors, riparian creek corridors, fresh water sources for wildlife, healthy bird and wildlife populations,potential restoration zones, naturalized landscaping within conventional parks to support wildlife and promote sustainable values, urban tree canopy succession planning, or identifying opportunities for expanded environmental education programs). Meetings • Stakeholder meetings/teleconferences • 1 Parks and Recreation Commission presentation • 1 Parks and Recreation Commission presentation/workshop • 1 City Council presentation Deliverables • Meeting agendas • Public Outreach Summary Report • Community-wide Survey Report • Vision and Goals Summary Report Agreement between City of Cupertino Page 18 of 28 and MIG,Exhibit A • Needs Assessment • Opportunities Evaluation • Project-specific graphics and branding • Meeting materials&presentation,Parks and Recreation Commission meeting • Meeting materials&presentation,Parks and Recreation Commission workshop • Presentation and report,City Council meeting TASK E. Draft Parks,Open Space and Recreation Master Plan Report This task includes providing all materials needed for preparation of a draft City Wide Parks,Open Space and Recreation Master Plan Report. Prioritization Criteria An initial task will be preparation of prioritization criteria. The criteria will be used to evaluate and rank potential improvements to parks, facilities,programs, or elements of the park and recreation system. Draft criteria will be developed in collaboration with city staff. Public Input/Commission Meeting The draft prioritization criteria will be presented at a public meeting hosted by the Parks and Recreation Commission. The meeting is expected to take the form of workshop or a study session which presents the draft criteria and invites active review,feedback and comments, with a goal to develop consensus on the prioritization criteria. The criteria will then be refined based upon public and Commission input. The refined criteria will be brought back to the Commission at the subsequent meeting. Development of Short,Medium and Long Term Projects and Programs The Consultant shall develop a draft list of proposed short,medium and long term capital projects and recreation programs ("Project List"), including both renovations and installation of new facilities,and current programs and desirable future programs that span the next approximately two decades. Prioritization criteria shall be used to guide the strategy for implementation. The Project List shall consider at a minimum: • Areas where outdated or underutilized facilities should be redeveloped • New and specialized facilities that should be considered • New key facilities (aquatic center, gymnasium, sport fields, e.g.) that should be considered • Renovation of playgrounds or facilities that do not conform with ADA standards • New and expanded recreational programs and associated recommendations A preliminary evaluation to assist in prioritizing shall be prepared using prioritization criteria developed previously(see above)and likely the following: Agreement between City of Cupertino Page 19 of 28 and MIG,Exhibit A • Cost analysis for proposed items, including capital and operational/maintenance costs for recommended improvements • Likely usage/groups the project would serve • Constraints/potential impacts/difficulty for implementation • Timeline to accomplish goal(short,medium and long-term) • Phasing recommendations for major projects as appropriate Public Input Workshop The needs assessment, opportunities evaluation, associated recommendations and draft Project List will be presented at a public meeting, anticipated as a workshop hosted by or attended by the Parks and Recreation Commission. Public input will be invited. The materials will then be refined based upon input received. The refined needs assessment, opportunities and Project List will be brought back to the Commission for public input and Commission review at a subsequent meeting. "Toolbox" &Illustrations/Site Plans Based on preceding tasks and public input, Consultant shall prepare illustrations of design concepts or sample site plans (see Task F below). Design concepts will illustrate sample solutions for a key feature or element of the park and recreation system. Sample site plans may address an individual park and provide a potential conceptual design diagram of potential renovations/modifications. Consultant shall develop a "toolbox" which identifies desired features and facilities, identifies parameters which indicate suitable or unsuitable settings and identifies potential locations for such features, together with associated lists, matrices, and/or maps. This effort is intended to serve as a tool moving into the future to support community decision-making as individual park sites are renovated or acquired. Sample site plans developed as part of Task F may be generic or may be specific to a site, per City direction to Consultant. Sites such as Jollyman, Portal, Wilson, and/or Linda Vista parks or others may merit preparation of a conceptual site plan. Note that the Memorial Park/Quinlan/Sports Center/Senior Center area will have more detailed concepts prepared. For the Memorial Park/Quinlan Community Center/Senior Center/Sports Center area, the Consultant shall prepare two to three Concept Plans and layouts for the property, anticipated as a viable conceptual layout but not as detailed as a schematic design;parking shall be evaluated also. The alternative concepts shall consider different levels of use intensity and site modification. Public Input Workshops The draft'Tool Box' and Illustrations/Sample Plans and Memorial Park Area concepts will be presented at up to two public meetings, anticipated as workshops or study sessions Agreement between City of Cupertino Page 20 of 28 and MIG,Exhibit A hosted by the Parks and Recreation Commission. Public input will be invited. The items will then be refined based upon input received. Administrative Draft Report The administrative draft report is to analyze all of the data from the previous tasks and synthesize that information into a comprehensive report as noted below. The consultant is to make recommendations which take into account the current and future needs related to parks, conditions of existing facilities, and cost of modifications in recommending how the current parks, trails, open space and recreational facilities and recreational programming should be maintained, modified or enhanced to serve short,medium and long range needs of the community. Planning-level cost estimates shall be provided for all options. The findings and recommendations will be reviewed and discussed at a community meeting and with the Parks and Recreation Commission and with the Planning Commission. Consultant is to work with staff and city project team in preparing the Public Draft Master Plan Report. An administrative draft of each major chapter/section of the draft Master Plan and of all exhibits and appendices shall be provided to staff for review. Some specific content of the Master Plan is discussed below. The Draft Master Plan Report is intended to contain generous use of illustrations, maps, exhibits,charts,and/or photos and visual imagery to supplement narrative sections and help convey findings. Executive Summary The draft Master Plan report shall include an Executive Summary which provides an overview of the process, outcomes, and recommendations and discusses all key points, findings and conclusions. Context&Setting The draft Master Plan report shall include a section that discusses Cupertino, its existing conditions, setting, related background, and provides a foundation for understanding the Master Plan outcomes. Vision and Goals The draft Master Plan report shall include a section that discusses in detail the Vision,Goals and associated objectives,policies or actions. Analysis Section The draft Master Plan report is to compile and summarize the analysis aspect of the master planning process. This section will include content from the Demographic Analysis report to assist in estimating recreation demand and likely participation. Projections will be made for short and medium term stages, and long term expectations noted. The demographic analysis is intended to provide insight into likely programs, activities, and underserved groups for Agreement between City of Cupertino Page 21 of 28 and MIG,Exhibit A future planning consideration. This section will include content from the Recreation Trends report regarding state and national trends which have a significant impact on the demand and delivery of recreational services. Planning implications for recreation programs, services and facilities will be identified. Cupertino's demographic trends will be considered in this context and used to help ensure the wider trends analysis findings are relevant to the local community. The overall Analysis Section is to include information from: • Analysis and assessment of the parks,trails,open space and recreational facilities and programs • Demographic analysis and Recreation Trends analyses • Community meetings input • Community survey • Stakeholder and staff input • Parks and Recreation Commission and public input • Prioritization criteria to assist in selection of short, medium and long term park, facility and programming improvements Needs Assessment The draft Master Plan report will include a Needs Assessment section which may be stand- alone or incorporated into the Analysis section. Opportunities The draft Master Plan report will include an Opportunities section which may be stand- alone or incorporated into the Analysis section. Short,Medium and Long Term Projects and Programs The draft Master Plan report will identify proposed short,medium and longterm capital projects and recreation programs as discussed above. Prioritization criteria shall be included to guide the strategy for implementation. A timeline and budget to accomplish the goals shall be included. This section may be stand-alone or incorporated into another section as appropriate. Costs and Funding Sources Report A draft and final study shall be prepared addressing major costs and potential funding sources. The study results regarding funding and revenue shall be included in the Implementation Section below or as otherwise acceptable to City. Implementation Section The report is to include an Implementation section. This Section is to include at a minimum: • Identify areas of possible revenue generation • Identify potential cost-sharing • Identify potential sources of funding(note,new fees went into effect July 2016) Agreement between City of Cupertino Page 22 of 28 and MIG,Exhibit A • Identify the responsible party or group for achieving the key goals and objectives of the Master Plan • Identify items that will require additional staffing • Identify any major anticipated operational or maintenance impacts • Establish a time frame for accomplishing primary tasks Public Draft Report Consultant shall incorporate feedback on the administrative draft report and prepare a Public Draft Report. Meetings • Up to 4 Public Input/Commission meetings or workshops (Prioritization Criteria, Needs Assessment/Opportunities/Recommendations, Project List, and Sample Plans/Toolbox) • 1 City Council meeting Deliverables • Prioritization Criteria, draft and final • Project List(short, medium and long term capital projects and recreation programs), draft and final • Cost and funding sources study, draft and final • Other Master Plan elements noted above • Meeting materials and presentations as needed, for up to 4 Public Input/Commission Meetings or Workshops • Meeting summaries, for up to 4 Public Input/Commission meetings or workshops • Meeting materials and presentation, City Council meeting • Parks,Open Space and Recreation Master Plan, Administrative Draft • Parks,Open Space and Recreation Master Plan,Public Draft TASK F. Illustrations/Sample Site Plans The Consultant shall prepare up to ten illustrations of design concepts or sample site plans. Design concepts will illustrate sample solutions for an important feature or element of the park and recreation system. Sample site plans may address an individual park and provide a potential master plan (conceptual design diagram of potential renovations/modifications) and a written summary of the illustrations/sample site plans. • New facility or amenities components and suggested location(s) • Components to be removed if any • Site improvements • Pathway/circulation improvements if applicable • Parking area modifications and approx. capacity Agreement between City of Cupertino Page 23 of 28 and MIG,Exhibit A • Sustainable upgrade recommendations • Cost information will be addressed in Task E. For the Memorial Park/Quinlan Community Center/Senior Center/Sports Center area,the Consultant shall prepare two to three concept plans and layouts as noted in Task E above. Deliverables • Up to 10 Illustrations/Sample Site Plans and written summary,draft and final versions TASK G. Community Review,Draft Master Plan The Consultant is to present the Draft Master Plan Report to the community for feedback and input. Public Input Meeting The draft Master Plan will be presented at a public meeting,anticipated as a workshop format. Public input and comments will be invited. The input will be provided to Commissioners at subsequent meetings. Public Input/Stakeholder Meeting The draft Master Plan will be presented at a second meeting,anticipated as workshop or as a presentation to an involved body such as the Bicycle Pedestrian Commission,Teen Commission,or other group. Public input and comments will be invited. The input will be provided to Commissioners at subsequent meetings. Meetings • 2 Public Input meetings or workshops Deliverables • Meeting materials, presentation and report, 2 Community meetings or workshops TASK H. City Commissions &Officials Review, Draft Master Plan The Consultant is to present the Draft Master Plan Report and Park Master Plans to the City's Commissions and elected officials for input and feedback,anticipated to be in study session formats. Commission Meetings The draft Master Plan together with public input will be presented to the Planning Commission,or possibly a joint Planning-Parks and Recreation Commission meeting,for Commission feedback and further public input. Agreement between City of Cupertino Page 24 of 28 and MIG,Exhibit A The draft Master Plan together with public input will be presented to the Parks and Recreation Commission for Commission feedback and further public input. Consultant shall provide meeting summary for each meeting. Input received and any revisions requested by the Commissions will be forwarded to the City Council. City Council Meeting The draft Master Plan together with public and Commission input will be presented to the City Council for review. Consultant shall provide a meeting summary. Meetings • 1 Commission meeting(Planning Commission or joint Planning and Planning&Parks and Recreation Commission) • 1 Parks and Recreation Commission meeting • 1 City Council meeting Deliverables • Meeting agenda,meeting materials &presentations,2 Commission meetings • Meeting agenda,meeting materials&presentation, 1 City Council meeting • Meeting summary reports,one for each meeting TASK I. Parks,Open Space and Recreation Master Plan,Final Draft and Final Upon final comment by City bodies, commissions and the community, the Consultant is to revise the Draft Master Plan Report to reflect the input received.This revised document shall be updated as the Final Draft Parks, Open Space and Recreation Master Plan. Upon its completion the consultant shall present the Final Draft Master Plan to the Commission(s) for their review and recommendation and provide the recommended document with any proposed final revisions to City Council for approval. After City Council action,Consultant shall incorporate any Council-requested revisions and submit the adopted Final Parks, Open Space and Recreation Master Plan. Meetings • 1 Parks and Recreation Commission meeting • 1 Planning Commission or second Parks and Recreation Commission meeting • 1 City Council meeting,Final Draft Master Plan approval Deliverables • Final Draft Parks,Open Space and Recreation Master Plan • Meeting materials and presentation,2 Commission meetings • Meeting materials and presentation, 1 City Council meeting • Final adopted Parks,Open Space and Recreation Master Plan(4 printed/bound copies;1 unbound copy;1 electronic copy in format acceptable to the City Agreement between City of Cupertino Page 25 of 28 and MIG,Exhibit A EXHIBIT A-1 MATERIALS TO BE PROVIDED BY CITY Materials to be provided by City for Task A include: • City General Plan/Community • ADA Self Evaluation and Transition Plan Vision 2015-2040 April 2015 • City Capital Improvement Program • Civic Center Master Plan 2015 2016-17 • Climate Action Plan January 2015 • City Comprehensive Annual • Recreation and Community Services Financial Report Annual Reports • Recreation&Community Services • Facility Use Policy Budget • Athletic Field Use Policy • Stevens Creek Corridor Master Plan • Maintenance &Improvement Agreement (2006 document and new document for school fields, City and Cupertino in prep) Union School District, November 2016 • McClellan Ranch Master Plan, 1993 • Park&Recreation Facility available • McClellan Ranch Master Plan 2012 record documents Update • Recent Quarterly Recreation Brochures • McClellan Ranch Preserve,Historic • Trail Plans&Assoc. Feasibility Studies Structures Assessment,January (Saratoga Creek Trail;Stevens Creek Trail; 2014 Don Burnett Bridge and Homestead Road • Bicycle Transportation Plan, to Mary Avenue Trail) adopted June 2016 • Countywide Trail Prioritization and Gaps • North Vallco Master Plan,2008 Analysis 2015 • South Vallco Master Plan, 2008 • City standard details and specifications • South Vallco Connectivity Plan, • City of Cupertino Community Surveys Dec. 2014 (aka Godbe Research surveys) Agreement between City of Cupertino Page 26 of 28 and MIG,Exhibit A EXHIBIT B SCHEDULE OF PERFORMANCE A detailed performance schedule will be developed as part of Task A. The overall project schedule includes: Council authorizes negotiation of services agreement: January 2017 Begin Task A: February 2017 Begin Task C: February 2017 Begin Task D: March 2017 Task I is anticipated to occur by early 2018, but may be adjusted during development of schedule. Agreement between City of Cupertino Page 27 of 28 and MIG,Exhibit B EXHIBIT C COMPENSATION COMPENSATION for Basic Services Task A $ 2,400 Task B 0 Task C 36,000 Task D 35,300 Task E 72,800 Task F 7,100 Task G 9,500 Task H 13,200 Task I 18,400 Subtotal, Services, Tasks A-I $194,700 Reimbursable Expenses Allowance $15,300 Basic Services, Not to Exceed: $210,000 Additional Services Allowance: $40,000 TOTAL CONTRACT, Not to Exceed: $250,000 An allowance for Additional services is provided, to be expended only upon advance City authorization,in writing,for work outside the scope of basic services. Potential Additional Services are noted below. • Detailed program analysis of programs provided by other non-City providers. • Create and host a stand-alone project website. • Prepare for and attend additional public or Commission meetings. • Prepare for and attend additional meetings for input by the community advisory group. Agreement between City of Cupertino Page 28 of 28 and MIG,Exhibit C Client#:2042 MOOREIACO DATE(MM/DD/YYYY) ACORD_ CERTIFICATE OF LIABILITY INSURANCE 1 1/27/2017 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 ! CONTACT Jo Lusk I NAME: Dealey, Renton&Associates PHONE 510 465-3090 FAX 510 452-2193 P. O.Box 12675 E-MAIL Ex[: A/C,No Oakland, CA 94604-2675 ADDRESS: jlusk@dealeyrenton.com 510 465-3090 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Travelers Property Casualty Co 25674 INSURED INSURER B:Travelers Indemnity Company 25658 800 Hearst Avenue INSURER C: Y Moore lacofa Goltsman, Inc. Twin City Fire Insurance Co. 29459 Berkeley, CA 94710 INSURER D:ACE American Insurance Company 22667 INSURER E: 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 CONTRACTOR 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'SUBRI POLICY EFF POLICY EXP LIMITS LTR ,INSR WVD POLICY NUMBER MM/DD/YYYY MMILI)IS YY A X COMMERCIAL GENERAL LIABILITY 6801 H899998 08/31/2016 08/31/2017 EACH OCCURRENCE S1,000,000 B CLAIMS-MADE LJ OCCUR 6801H845960 08/31/2016 08/31/2017 PREMISES RENTED S1,000,000 MED EXP(Any one person) S10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s2,000,000 PRO- LOCPOLICYX JECT PRODUCTS-COMP/OP AGG S 2,OOO,000 OTHER: I I S A AUTOMOBILE LIABILITY BA2G258325 08/31/2016 08/31/2017 EOaaBcdebtSINGLELIMIT S1,000,000 X ANY AUTO BODILY INJURY(Per person) S ALL OWNED SCHEDULED BODILY INJURY(Per accident) S AUTOS AUTOS X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE S AUTOS Per accident S A X UMBRELLA LIAB X OCCUR CUPOH758762 08/31/2016 08/31/2017,EACHOCCURRENCE $10 000 000 EXCESS LIAB CLAIMS-MADE AGGREGATE $10 OOO OOO DED RETENTIONS S C WORKERS COMPENSATION 57WEDD8525 04/01/2016 04/01/20171 X PER I EORH AND EMPLOYERS'LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT S1,000,000 OFFICERJMEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE S1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT I S1,000,000 D Professional G21656434013 07/01/2016 08/31/2017 $2,000,000 per Claim Liability $3,000,000 Annl Aggr. DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) General Liability Policy excludes claims arising out of the performance of professional services. 30 Days Notice of Cancellation (10 Days for Non-Payment of Premium). Re: Citywide Parks, Open Space and Recreation Master Plan -City of Cupertino, its City Council, boards and commissions, officers,employees and volunteers are named as Additional Insureds as respects General Liability and Automobile Liability for claims arising from the operations of the named insured.Waiver of Subrogation applies to the General Liability and Automobile Liability policies. CERTIFICATE HOLDER CANCELLATION City of Cupertino SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Department of Recreation and Community ACCORDANCE WITH THE POLICY PROVISIONS. 10300 Torre Avenue Cupertino, CA 95014 AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014/01) 1 of 1 The ACORD name and logo are registered marks of ACORD #S1918542/M1815152 PA1 Moore lacofano Goltsman, Inc. 68011-1899998 08/31/2016 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED INSURANCE (Section 111) for this Coverage (Section II): Part. Any person or organization that you agree in a B. The following is added to Paragraph a. of 4. "contract or agreement requiring insurance" to in- Other Insurance in COMMERCIAL GENERAL clude as an additional insured on this Coverage LIABILITY CONDITIONS (Section IV): Part, but only with respect to liability for"bodily in- However, if you specifically agree in a "contract or jury", "property damage" or "personal injury" agreement requiring insurance"that the insurance caused, in whole or in part, by your acts or omis- provided to an additional insured under this Cov- sions or the acts or omissions of those acting on erage Part must apply on a primary basis, or a your behalf: primary and non-contributory basis, this insurance a. In the performance of your ongoing opera- is primary to other insurance that is available to tions; such additional insured which covers such addi- b. In connection with premises owned by or tional insured as a named insured, and we will not rented to you; or share with the other insurance, provided that: c. In connection with "your work" and included (1) The "bodily injury" or "property damage" for within the "products-completed operations which coverage is sought occurs; and hazard". (2) The "personal injury" for which coverage is Such person or organization does not qualify as sought arises out of an offense committed; an additional insured for "bodily injury", "property after you have entered into that "contract or damage" or "personal injury" for which that per- agreement requiring insurance". But this insur- son or organization has assumed liability in a con- ance still is excess over valid and collectible other tract or agreement. insurance, whether primary, excess, contingent or The insurance provided to such additional insured on any other basis, that is available to the insured is limited as follows: when the insured is an additional insured under d. This insurance does not apply on any basis to any other insurance. any person or organization for which cover- C. The following is added to Paragraph 8. Transfer age as an additional insured specifically is Of Rights Of Recovery Against Others To Us added by another endorsement to this Cover- in COMMERCIAL GENERAL LIABILITY CON- age Part. DITIONS (Section IV): e. This insurance does not apply to the render- We waive any rights of recovery we may have ing of or failure to render any "professional against any person or organization because of services". payments we make for "bodily injury", "property f. The limits of insurance afforded to the addi- damage" or "personal injury" arising out of "your tional insured shall be the limits which you work" performed by you, or on your behalf, under agreed in that "contract or agreement requir- a "contract or agreement requiring insurance"with ing insurance" to provide for that additional that person or organization. We waive these insured, or the limits shown in the Declara- rights only where you have agreed to do so as tions for this Coverage Part, whichever are part of the "contract or agreement requiring insur- less. This endorsement does not increase the ance" with such person or organization entered limits of insurance stated in the LIMITS OF into by you before, and in effect when, the "bodily CG D3 81 09 07 ©2007 The Travelers Companies,Inc. Page 1 of 2 Includes the coovriahted material of Insurance Services Office. Inc..with its permission COMMERCIAL GENERAL LIABILITY injury" or "property damage" occurs, or the "per- erage Part, provided that the "bodily injury" and sonal injury"offense is committed. "property damage" occurs, and the "personal in- D. The following definition is added to DEFINITIONS jury" is caused by an offense committed: (Section V): a. After you have entered into that contract or "Contract or agreement requiring insurance" agreement; means that part of any contract or agreement un- b. While that part of the contract or agreement is der which you are required to include a person or in effect; and organization as an additional insured on this Cov- c. Before the end of the policy period. Page 2 of 2 ©2007 The Travelers Companies,Inc. CG D3 81 09 07 Includes the coovriohted material of Insurance Services Office. Inc..with its permission POLICY NUMBER: BA2G258325 COMMERCIAL AUTO CA20481013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds"for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Moore lacofano Goltsman,Inc. Endorsement Effective Date: 08/31/2016 SCHEDULE Name Of Person(s) Or Organization(s): Re:Citywide Parks,Open Space and Recreation Master Plan-NAME OF ADDITIONAL INSURED PERSON(S)OR ORGANIZATION(S), CONT.:of Cupertino,its City Council,boards and commissions,officers,employees and volunteers Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured"for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.I. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1