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PROFESSIONAL/CONSULTING SERVICES AGREEMENT
1.PARTIES
This Agreement is made by and between the City of Cupertino, a municipal corporation (“City”),
and (“Contractor”), a
for ,
and is effective on the last date signed below (“Effective Date”).
2.SERVICES
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 the City’s Shelter In Place and Social Distancing Requirements,
attached here and incorporated as Exhibit A-A.
3.TIME OF PERFORMANCE
3.1 This Agreement begins on the Effective Date and ends on
(“Contract Time”), unless terminated earlier as provided herein. Contractor’s Services shall begin
on and shall be completed by . 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.
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
$ (“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.
Placeworks,Inc
corporation
preparation of IS/MND for 22690 Stevens Creek Blvd.
June 30, 2021
effective date June 30, 2021
63,515
preparation of IS/MND for 22690 Stevens Creek Blvd.
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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. Should any court, arbitrator, or administrative authority, including but not limited
to the California Public Employees Retirement System (PERS), the Internal Revenue Service or
the State Employment Development Division, determine that Contractor, or any of its employees,
agents, or subcontractors, is an employee for any purpose, then Contractor agrees to a reduction in
amounts payable under this Agreement, or to promptly remint to City any payments due by the
City as a result of such determination, so that the City’s total expenses under this Agreement are
not greater than they would have been had the determination not been made.
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6.PROPRIETARY/CONFIDENTIAL INFORMATION
In performing this Agreement, Contractor may have access to private or confidential information
owned or controlled by the City, which may contain proprietary or confidential details the
disclosure of which to third parties may be damaging to City. Contractor shall hold in confidence
all City information 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.
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
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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.
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
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 arising out of this
Agreement.
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11.3 Contractor’s duties under this section are not limited to the Contract Price, workers’
compensation payments, or the insurance or bond amounts required in the Agreement. Nothing in
the Agreement shall be construed to give rise to an implied right of indemnity in favor of
Contractor against City or any Indemnitee.
11.4. Contractor’s payments may be deducted or offset to cover any money the City lost due to a
claim or counterclaim arising out of this Agreement, a purchase order, or other transaction.
11.5. Contractor agrees to obtain executed indemnity agreements with provisions identical to
those set forth here in this Section 11 from each and every subcontractor, or any other person or
entity involved by, for, with, or on behalf of Contractor in the performance of this Agreement.
Failure of City to monitor compliance with these requirements imposes no additional obligations
on City and will in no way act as a waiver of any rights hereunder.
11.6. This Section 11 shall survive termination of the Agreement.
12.INSURANCE
Contractor shall comply with the Insurance Requirements, attached and incorporated here as
Exhibit 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.
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.
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13.4 Conflicts of Interest. Contractor shall comply with all conflict of interest laws applicable
to this Agreement and must avoid any conflict of interest. Contractor warrants that no public
official, employee, or member of a City board or commission who might have been involved in
the making of this Agreement, has or will receive a direct or indirect financial interest in this
Agreement, in violation of California Government Code Section 1090 et seq. Contractor may be
required to file a conflict of interest form if Contractor makes certain governmental decisions or
serves in a staff capacity, as defined in Section 18700 of Title 2 of the California Code of
Regulations. Contractor agrees to abide by the City’s rules governing gifts to public officials and
employees.
13.5 Remedies. Any violation of Section 13 constitutes a material breach and may result in City
suspending payments, requiring reimbursements or terminating this Agreement. City reserves all
other rights and remedies available under the law and this Agreement, including the right to seek
indemnification under Section 11 of this Agreement.
14.PROJECT COORDINATION
City Project Manager. The City assigns
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
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.
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
preparation of IS/MND for 22690 Stevens Creek Blvd.
Erick Serrano
Terri McCracken
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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.
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
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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
Attention:
Email:
To Contractor:
Attention:
Email:
27.VALIDITY OF CONTRACT
This Agreement is valid and enforceable only if (a) it complies with the purchasing and contract
provisions of Cupertino Municipal Code Chapters 3.22 and 3.23, as amended from time to time,
(b) is signed by the City Manager or an authorized designee, and (c) is approved for form by the
City Attorney’s Office.
28.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.
10300 Torre Ave., Cupertino CA 95014
Erick Serrano
ericks@cupertino.org
PlaceWorks, Inc
1625 Shattuck Avenue, Suite 300, Berkeley CA 94709
Terri McCracken
tmccracken@placeworks.com
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IN WITNESS WHEREOF, the parties have caused the Agreement to be executed.
CONTRACTOR
By
CITY OF CUPERTINO
A Municipal Corporation
By
Name
Title
Date
APPROVED AS TO FORM:
HEATHER M. MINNER
Cupertino City Attorney
ATTEST:
KIRSTEN SQUARCIA
City Clerk
Name
Date
Title
DATE:
Tax I.D. No.:
Terri McCracken
Terri McCracken
May 13, 2020
95-2975827
Associate Principal
Heather M. Minner
Albert Salvador, P.E.
Albert Salvador, P.E.
Asst Director, CDD
May 19, 2020
May 19, 2020
April 15, 2020
Erick Serrano
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Subject: Scope of Work to Prepare an IS/MND for 22690 Stevens Creek Boulevard Project
Dear Erick:
Please accept our scope of work to prepare an Initial Study and Mitigated Negative Declaration (IS/MND) for the
22690 Stevens Creek Boulevard Project.
Understanding of the Project
The City has received a preliminary development permit application for 22690 Stevens Creek Boulevard
submitted by Alan Enterprise, LLC (the Applicant). The development application is for construction of a 9-unit
single-family attached residential project on an approximately 0.75-acre site at the intersection of Stevens Creek
Boulevard and South Foothill Boulevard. The site is bordered by Stevens Creek Boulevard to the north, South
Foothill Boulevard to the east, single-family housing to the south, and Camino Vista Drive to the west. The
project site is currently developed with one commercial building, a liquor store, and associated surface parking.
The project site is surrounded by residential units, offices, and services uses to the north, residential units and an
auto repair shop to the east, residential uses to the south, and residential uses and the Monta Vista Fire Station
to the west.
The project site is assigned the Assessor’s Parcel Numbers: 342-14-066, -104, and -105. The General Plan Land
Use for the project site is Commercial/Residential. The Commercial/Residential land use designation allows
primarily commercial uses, residential uses, or a combination of the two. The project site is zoned Planned
Development with General Commercial intent (P(CG)) and would require a rezoning to Planned Development
Residential (P-Res). The P-Res zone includes exclusively residential uses. The maximum height for the project site
is 30 feet.1
A Phase I and II Environmental Site Assessment (ESA) were performed in 2019 to provide a record of existing
conditions and to identify recognized environmental conditions, or potential hazardous substances, from current
and past uses. The Phase I ESA concluded that the past use of the property was an orchard from at least 1938 to
early 1950s, which indicates that there is a potential that metals and pesticides exist in shallow site soil. In
addition, benzene concentration in soil vapor was found at the subject site which was measured above the
Environmental Screening Levels (ESL). This is an on-site recognized environmental condition. Furthermore, the
open leaking underground storage tank (LUST) case and documented soil, groundwater, and soil vapor
contamination at neighboring property (Cupertino Beacon) 22510 Stevens Creek Boulevard also represents an
offsite controlled recognized environmental condition. For these reasons a limited Phase II investigation was
performed. The Phase II subsurface assessment revealed there was no risk of hazardous materials that exceed
the required ESL, but recommends that a routine health and safety plan be implemented during construction to
protect the public and construction workers and that a vapor barrier be installed beneath the concrete
foundation slab of the proposed buildings to mitigate potential odor risks associated with concentration of
vapors such as propanol.
1 Figure L-2 Community Form Diagram in the 2040 Cupertino General Plan.
Exhibit A
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The proposed project would involve demolishing the existing commercial building (approximately 3,025 square
feet) and redeveloping the project site with a residential project. The proposed project would include nine
attached single-family dwelling units, each with a two-car garage. Preliminary site plans show that the proposed
project would include four separate buildings. Two of the buildings would have three units each, the third
building would have one unit, and the fourth would have two units. All structures would be situated along the
northern and eastern perimeter of the project site along both Stevens Creek Boulevard and South Foothill
Boulevard. An internal driveway would provide eight parking spaces and a 1,650 square foot common outdoor
space. Each building would be three stories for a total height of 30 feet.
As a result of the proposed project, and pursuant to CEQA Guidelines Section 15164, the City has determined
that an IS/MND is required. The certified Environmental Impact Report (EIR) for the General Plan 2,3 included an
evaluation of the project site (Housing Element Site 8: Bateh Bros.) with a density increase from 15 dwelling units
per acre (du/ac) to 35 du/ac and a realistic capacity of 19 dwelling units. Accordingly, this scope of work includes
the preparation of a tiered IS/MND pursuant to CEQA Guidelines Section 15152 (Public Resources Code Section
21094).
The IS/MND will address the environmental impacts related to the proposed improvements and new
development associated with adoption/approval of the proposed project. A summary of the work program is
presented in Table 1. Details about personnel assigned to these tasks, the number of hours per person per task,
billing rates, and a breakdown of costs are included in Table 2 under Cost Estimates.
TABLE 1 WORK PROGRAM SUMMARY
Task A: Project Initiation & Project Management
1. Kick-Off Meeting & Site Visit
2. Status Meetings
3. Project Management
Task B: CEQA Environmental Review
1. Project Description 2. Initial Study
Task C: Mitigated Negative Declaration
1. Mitigated Negative Declaration
2. Mitigation Monitoring or Reporting Program
3. Notice of Intent
4. Public Review & Response to Comments
5. Approval & Notice of Determination
Work Scope
This section describes the scope of work to be completed by PlaceWorks for the IS/MND. The IS/MND will be
prepared using the thresholds contained in Appendix G, Environmental Checklist, of the CEQA Guidelines to
address environmental impacts related to the potential for redevelopment of the project site as a result of the
proposed project.
Project Initiation and Project Management
This task is structured to build a framework for coordination among team members. Close communication and
efficient information sharing will facilitate preparation of a thorough, legally defensible environmental review
document on an optimized timeline.
2 City of Cupertino, certified General Plan Amendment, Housing Element Update, and Associated Rezoning EIR, State Clearinghouse
Number 2014032007. December 2014.
3 City of Cupertino, approved General Plan Amendment, Housing Element Update, and Associated Rezoning EIR Final Addendum, State
Clearinghouse Number 2014032007. October 2015.
April 15, 2020 | Page 3
1.Kick-Off Meeting and Site Visit
PlaceWorks will participate in a kick-off meeting with City staff to discuss expectations and concerns, and to
review key issues, information needs, work products, and delivery schedule. The data to be used for
environmental impact analysis will also be reviewed at this meeting to ensure it is fully aligned with that used on
other recent and ongoing projects in the vicinity of the project. An appointed time for subsequent status
meetings will be established at the kick-off meeting pursuant to Task A.2 described below.
Deliverables:
»One (1) electronic copy of the Revised Project Schedule in PDF format to City
»One (1) electronic copy of the Data Needs Memorandum in PDF format to City
2.Status Meetings
We propose that a status meeting be held at a regular time interval from project start-up through publication of
the environmental review document in order to maintain close, effective communication between project team
members and to ensure that obstacles to progress are addressed and resolved in a timely manner. PlaceWorks
staff will set up a conference line and at the appointed time, City staff and PlaceWorks’ team members will dial in
to discuss and resolve any obstacles to progress. PlaceWorks staff will prepare and maintain a Project Schedule.
The status meetings are intended to be focused discussions bringing together City staff, PlaceWorks, and other
team members as needed. The status meetings would be in addition to regular email and phone communication
between project team members.
3.Project Management
In addition to coordinating the regular conference calls, Terri McCracken, Principal-in-Charge, will serve as the
day-to-day contact for project management while Jacqueline Protsman, Project Manager, and will be responsible
for overseeing the budget, schedule, and overall team coordination throughout the preparation of the
environmental review document.
CEQA Environmental Review
PlaceWorks proposes the following environmental review process, described in detail below. The Environmental
Checklist will be prepared in accordance with the CEQA Guidelines.
1.Project Description
PlaceWorks will draft a Project Description using graphics and textual information provided by the Applicant. The
Project Description will include detailed information on project features including, proposed improvements and
new construction, building sizes and heights, circulation patterns, and intended uses. In addition, the Project
Description will describe the entitlement approvals necessary to process the project. We will submit one (1)
electronic copy of the Administrative Draft Project Description in Word and PDF formats for review and approval
by City staff prior to beginning the environmental review for the project.
2.Initial Study
Using the City-approved Project Description, PlaceWorks will prepare the environmental checklist that
documents existing conditions, project impacts (if any), and mitigation measures (if required), as well as the
April 15, 2020 | Page 4
resulting level of significance for potential impacts under each of the topical areas required under CEQA. CEQA
permits the exclusion of environmental issues on which it can be ascertained with certainty that the project
would have no significant negative impact. Accordingly, the IS/MND will only briefly address those issue areas
that would not be impacted by the proposed project or where it can be demonstrated that regulatory standards
and standard conditions of approval will address the checklist significance criteria. Based on the project location
and its previously developed nature, it is expected that the environmental topics of agricultural/forestry and
mineral resources will be briefly addressed and dismissed from detailed analysis in the IS/MND.
In keeping with the requirements of the CEQA, the Environmental Checklist will include a detailed analysis to
determine the environmental impacts of the following resource categories:
Aesthetics
PlaceWorks will use its expertise in urban design and visual assessment, and its familiarity with the visual
resources at the project site and in the surrounding area, to analyze potential aesthetic impacts associated with
the project. The analysis will focus on the visual compatibility of the proposed improvements and new
construction with the surrounding land uses and to any visual impacts created by the height, massing, and scale
of the proposed project components. PlaceWorks will review the proposed site plan and renderings to ensure
they reflect expected results, including the full nature of the developed project. The analysis will describe if
and/or how construction of the proposed project would change the view of the site from surrounding public
viewpoints. The analysis will also include a discussion of light- and glare-related impacts and a discussion of
potential impacts to the existing viewshed.
Air Quality, Community Risk and Hazards, and Greenhouse Gas Emissions
PlaceWorks will prepare an air quality, greenhouse gas (GHG) emissions, and community risk and hazards
analysis to evaluate impacts of the proposed project. The analyses will be prepared in accordance with the Bay
Area Air Quality Management District’s (BAAQMD) CEQA Guidelines, which are in the process of being updated
by BAAQMD. Emission modeling will use the latest version of the California Estimator Emissions Model
(CalEEMod). The results of the air quality, GHG, and dispersion analysis and technical information will be
summarized in the IS/MND and modeling data will be included as an appendix. The approach outlined below is
based on BAAQMD’s May 2017 CEQA Guidelines for project-level analyses.
Construction-Related Emissions: The proposed project would include the demolition of approximately
3,025 square foot convenience market, and subsequent redevelopment of the 0.75-acre site. The
proposed project could involve soil haul associated with remediation activities. Therefore, the BAAQMD
screening sizes are not applicable. PlaceWorks will quantify project-related construction emissions based
on the construction schedule, including duration for each construction subphase, anticipated equipment
for each subphase, and estimated demolition volumes and earthwork (if applicable), as provided by the
City and/or the Applicant. The estimated construction emissions will be evaluated to BAAQMD’s applicable
significance thresholds and mitigation measures will be identified, if necessary, to reduce significant
impacts.
Off-site Construction Health Risk: BAAQMD requires projects to evaluate the impacts of construction
activities on nearby sensitive receptors. The nearest off-site sensitive receptors are the single-family
residences to the south of the project. Due to the proximity of sensitive land uses to construction
activities, sensitive receptors may be potentially impacted from the proposed construction activities.
PlaceWorks will prepare a Construction-Related Health Risk Assessment (HRA) to analyze the project’s off-
site community health risks from toxic air contaminant and fine particulate matter (PM2.5) emissions. The
risk assessment will incorporate the construction emissions inventory to evaluate the concentration of
toxic air contaminants (TAC) and PM2.5 generated at the nearest off-site sensitive receptor. Dispersion
modeling will be performed using a BAAQMD-accepted computer-based model (e.g., AERMOD). Cancer
and toxicity data published by California Environmental Protection Agency will be used to estimate long-
April 15, 2020 | Page 5
term and short-term (acute) health risks for offsite sensitive receptors. Measures to reduce health risk
from short-term construction activities will be considered in the IS/MND.
Criteria Air Pollutants and GHG Emissions– Operation Phase: The existing convenience market generates
criteria air pollutant emissions and GHG emissions from transportation sources, energy use (electricity and
natural gas), area sources (consumer products, landscaping equipment, etc.), and indirect GHG emissions
from water use and wastewater generation and solid waste disposal. Conversion of the retail use to the
proposed residential project would result in an increase in development intensity onsite. However, as
shown in the Traffic Study prepared for the proposed project (Hexagon, January 2020) the residential use
would result in 95 percent fewer vehicle trips (-1,744 trips). Additionally, BAAQMD has also identified
screening criteria for project operation and the project would fall substantially below the screening criteria
(e.g., 9 units compared to 451 condominium units). Therefore, both air quality and GHG emissions will be
addressed qualitatively as the project is assumed to result in a net benefit to air quality and GHG
emissions in the City.
Air Quality Management Plan Consistency, CO Hotspots, and Odors: The San Francisco Bay Area Air Basin
is in nonattainment for particulate matter and for ozone. Consistency with BAAQMD’s air quality
management plan to attain the federal and state ambient air quality standards will also be evaluated.
Based in the preliminary information available, it is anticipated that the proposed project would not
generate enough traffic at any one intersection to generate a CO hotspot (e.g., increase traffic volumes at
affected intersections by more than 44,000 vehicles per hour). Thus, analysis of potential CO hotspot
impacts will be described qualitatively. In addition, potential odor impacts to offsite receptors will also be
described qualitatively.
Project Consistency with Plans Adopted to Reduce GHG Emissions: The GHG section will discuss the GHG
reduction goals of Assembly Bill 32 (AB 32), Senate Bill 32 (SB 32), and SB 375. The California Air Resources
Board has adopted the 2017 Climate Change Scoping Plan Update to achieve the SB 32 reduction target.
In addition, the Association of Bay Area Governments (ABAG)/Metropolitan Transportation Commission
(MTC) has adopted a regional transportation plan/sustainable communities strategy (Plan Bay Area 2040)
to ensure that the Bay Area can attain the regional transportation-related GHG reduction goals of SB 375.
Additionally, the Climate Action Plan was adopted to align the City’s GHG reduction goals with state’s GHG
reduction targets. The GHG analysis will include a consistency evaluation of the project with these
applicable state, regional, and local plans adopted for the purpose of reducing GHG emissions.
Biological Resources
Given the developed nature of the project site, the biological resources discussion will focus on identifying and
evaluating any potential impacts that the proposed project may have on habitat on and in the vicinity of the
project site.
Cultural and Tribal Resources
PlaceWorks will prepare this section of the Initial Study in accordance with CEQA Guidelines. Based on existing
conditions on the project site, we anticipate these sections will focus on the potential for disturbance of
unknown buried archaeological resources, including human remains. This section will focus on the mitigation
measures from the General Plan EIR addressing the potential for disturbance of unknown cultural and tribal
cultural resources.
Energy
Pursuant to the recently adopted updates to the CEQA Guidelines, PlaceWorks will prepare the energy section of
the IS/MND. This section will describe the required energy demands for the proposed project and energy
conservation features in order to determine if the project will result in wasteful, inefficient, or unnecessary
consumption of energy resources during project construction or operation. This section will be prepared
April 15, 2020 | Page 6
consistent with the energy demands evaluated in the air quality and GHG emission discussions. In addition, this
section will describe the state and local mandatory requirements for energy efficiency and demonstrate if the
project will conflict with or obstruct any of these requirements.
Geology and Soils
This section will describe the potential adverse environmental effects related to soils and geology. Existing site
conditions will be described and geologic hazards, including distance from faults and hazards associated with
earthquakes such as liquefaction, landslides, loose/weak soils, shallow groundwater, compaction, and ground
shaking will be described. A general discussion of the site topography, slope stability, soil characteristics, and
erosion potential will be presented, as well as the potential for these characteristics to affect stability of erosion
of graded areas, and unprotected drainage ways. Based on existing conditions on the project site, we anticipate
this section will focus on the potential for disturbance of unknown buried paleontological resources.
Hazards and Hazardous Materials
PlaceWorks will evaluate safety environmental hazards associated with hazardous materials, hazardous waste
disposal, airport safety, emergency preparedness, and wildland fire pursuant to the CEQA Guidelines. This
section will be based in part on the Phase I and II ESAs prepared by Achievement Engineering Corp. (AEC) in
2019, as reviewed by PlaceWorks. As previously stated, the Phase II ESA included recommendations for vapor
intrusion to protect from odors during operation and implementation of a health and safety plan during
construction to protect the public and the construction workers. PlaceWorks will include these
recommendations in the Hazards and Hazardous Materials section of the IS/MND, as well as any applicable
mitigation measures if required.
Hydrology and Water Quality
The Hydrology and Water Quality section will identify and evaluate issues relating to surface and groundwater
hydrology, site drainage, storm water pollution prevention during construction and operation, and best
management practices. Other federal, State, regional, and local programs and regulations that are applicable to
the project also will be included. Pursuant to the Phase I and II ESAs, nearby studies have indicated that
groundwater is reached at 22 to 29 feet below the surface. The section will conclude with a discussion of the
potential water quality impacts attributable to the proposed project, based on applicable significance criteria. It
is assumed that the Applicant will provide preliminary grading plans and drainage plans for the evaluation. The
IS/MND will explain the regulatory requirements to ensure water quality is not adversely impacted; however, the
preparation of these documents are not part of this scope of work and are not required to prepare the IS/MND.
The documentation of best management practices, including source control, site design, and stormwater
treatment measures, will be described in this section along with low impact development measures. The results
of the hydrology and water quality studies will be documented and included in the appropriate section of the
IS/MND. The section will be prepared under the direction of a Registered Engineer in the State of California.
Land Use and Planning
The existing on-site and surrounding land use and zoning designations will be described as well as the
consistency of the project with applicable plans. The IS/MND will focus on whether the project will divide an
existing community or would be inconsistent with policies adopted for the purposes of avoiding or reducing
significant environmental impacts, as required by CEQA.
Noise and Vibration
PlaceWorks will evaluate potential noise and vibration impacts for the construction and operational phases of
the proposed project. We will use our experience and knowledge of similar noise environments to characterize
the existing conditions for the project area, with particular attention being paid to the traffic flows on
adjacent/nearby roadways.
April 15, 2020 | Page 7
PlaceWorks will assess existing conditions and identify the nearest sensitive receptors and other pertinent
environmental characteristics; based on aerial photography, site plans, and project site photos. The project site is
within a residential area and is adjacent to the major roadways Stevens Creek Boulevard and South Foothill
Boulevard. Given this residential environment and the dominance of traffic flows, ambient conditions will be
evaluated via the traffic noise analyses (discussed below) and no field measurements of ambient noise levels are
indicated.
The major temporary noise and vibration concerns appear to be project-related construction activities; given the
proximity of residential uses surrounding the proposed project site. PlaceWorks will make an assessment of
temporary noise and vibration impacts during site preparation and project construction activities using industry-
standard analysis techniques and using scheduling, equipment mix, hauling, and truck trip information as
provided by the City and/or Applicant. At this juncture of the development, it is assumed that pile driving will not
be needed and that there will be no subterranean facilities (underground parking).
Long-term, operational noise impacts will be primarily related to project-generated traffic flows. Traffic noise
impacts to uses along nearby roadway segments will be with input parameters based on traffic forecasts
included in the project’s Traffic Study. However, as shown in the Traffic Study prepared for the proposed project
(Hexagon, January 2020) the residential use would result in 95 percent fewer vehicle trips (-1,744 trips) and this
section will discuss the potential reduction in ambient noise given the reduced traffic. Other, on-going noise
sources at the site (such as such as heating, ventilation, and air conditioning (HVAC) units, maintenance activities,
and periodic truck movements) are expected to be of secondary importance to the traffic impacts and will be
discussed qualitatively.
Potential noise and vibration impacts will be evaluated according to applicable City of Cupertino’s noise and
vibration criteria included in the City’s General Plan and Municipal Code. Mitigation measures to reduce noise
and vibration impacts will be recommended, as necessary, to reduce potential impacts to less-than-significant
levels.
The findings of the technical analyses and impact assessment will be provided in the noise and vibration section
of the assumed IS/MND documentation for the proposed project. Pertinent calculations and technical
information will be provided in an Appendix to the IS/MND.
Population and Housing
Because there are only nine units proposed on the project site, it is not anticipated that the proposed project
would directly or indirectly generate substantial growth. PlaceWorks will summarize the population and housing
impacts that would result from the project, especially because there is no existing housing on the project site
and because the General Plan did not evaluate the site for housing.
Public Services and Recreation
The primary purpose of a public services and recreation impact analysis is to examine the impacts associated
with physical improvements to public service and recreation facilities required to maintain acceptable service
ratios, response times or other performance objectives. Public service and recreation facilities need
improvements (i.e., construction, renovation or expansion) as demand for services increase. Increased demand is
typically driven by increases in population. The proposed project would have a significant environmental impact
if it would exceed the ability of public service providers to adequately serve residents, thereby requiring
construction of new facilities or modification of existing facilities. As described above, the General Plan EIR
evaluated greater residential development potential on the project site than that of the proposed project.
April 15, 2020 | Page 8
Transportation and Traffic
PlaceWorks will incorporate the findings of the traffic analysis prepared by Hexagon and peer reviewed by the
City of Cupertino Transportation Division. The results of the final transportation analysis will be summarized in
the IS/MND with background information and calculations included in the Appendix to the IS/MND.
Utilities and Service Systems
The project site would be furnished with sanitary sewer, potable water, electricity, telephone, data, and cable
television services. PlaceWorks will evaluate potential impacts related to wastewater treatment and water
supply infrastructure, stormwater infrastructure, solid waste disposal and energy conservation. This section will
focus on the mitigation measures from the General Plan EIR addressing the capacity of the existing infrastructure
to serve the proposed project and if not, the needs and potential impacts associated with expanding service. This
section will also rely on the data provided on the applicant-prepared utility and stormwater control plans to
prepare the utilities analysis for the IS/MND. Upon our understanding of the proposed project and project site,
underground utilities would be installed within the limits of the project site and connect to existing
infrastructure.
Wildfire
Pursuant to the recently updated CEQA Guidelines, PlaceWorks will prepare the wildfire section of the IS/MND.
The project site is located within a Local Responsibility Area and the Santa Clara County Fire District currently
provides fire protection and emergency medical services to the city and project site. This section will describe the
known wildfire hazards in the project area, including the project site’s relationship to the Wildland Urban
Interface, and identify the state and local requirements to reduce the risks associated with wildfires. Mitigation
measures will be identified as required to reduce any risks associated with wildfires, if needed.
Deliverables:
»One (1) electronic copy of the Administrative Draft and Final Project Description in Word and PDF format to
the City
»One (1) electronic copy of the Administrative Draft Initial Study in Word and PDF format and appendices in
PDF format to the City
Mitigated Negative Declaration
1.Mitigated Negative Declaration
If it is determined that potential impacts from construction or operation of the proposed project can be avoided
through changes to the project or mitigated to less-than-significant levels in accordance with CEQA Guidelines
Section 15070, an MND form will be completed. PlaceWorks will prepare Screencheck Draft version of the Initial
Study responding to City comments on the Administrative Draft document described in Task B.2 and a Public
Review Draft pursuant to any minor City comments on the Screencheck Draft.
2.Mitigation Monitoring or Reporting Program
Concurrent with the preparation of the IS/MND, we will prepare a Mitigation Monitoring or Reporting Program
(MMRP) for the mitigation measures included in the IS/MND pursuant to the City’s policies and procedures. The
MMRP, shown in tabular form, will identify responsibility for implementing and monitoring each mitigation
measure, along with monitoring triggers and reporting frequencies.
April 15, 2020 | Page 9
3.Notice of Intent
PlaceWorks will draft a Notice of Intent (NOI) of an MND pursuant to CEQA Guidelines, Section 15072.
PlaceWorks will work together with the City to prepare a master distribution list. PlaceWorks staff will be
responsible for circulation to the State Clearinghouse, and mailings to local, regional and state agencies. City staff
will be responsible for local noticing.
Deliverables:
»One (1) copy of the Screencheck Draft and Public Review Draft of the IS/MND in Word and PDF format.
Technical appendices will be provided in PDF format
»One (1) copy of the Administrative Draft and Public Review Drafts of the NOI and MMRP in Word and PDF
format
»Twenty (20) hard copies with the technical appendices on compact disc (CD) attached, and one (1) copy of
the Public Review Drafts of the NOI, IS/MND, and MMRP in Word and PDF Format
»Electronic copies of the NOI, IS/MND, and MMRP will be submitted to the State Clearinghouse
4.Public Review and Response to Comments
A maximum 30-day public review period will be required under CEQA if the notification of a State Agency(s) is
determined to be necessary. During this period, Terri McCracken of PlaceWorks will attend one (1) public
meeting (Environmental Review Committee) to present the conclusions of the IS/MND and receive comments on
the document.
Following the close of the public review period, PlaceWorks will respond to substantive comments received on
the IS/MND in a memorandum form. This scope of work includes 38 hours of staff time to respond to comments
in an Administrative Draft Response to Comments Memorandum. If an unforeseen amount of time is required to
address comments received on the IS/MND, a contract amendment will be required.
We will prepare an Administrative Draft Response to Comments Memorandum for review by City staff. Based on
City staff comments, we will complete revisions and deliver a Final Response to Comments Memorandum.
Deliverables:
»One (1) electronic copy of the Administrative Draft Response to Comments Memorandum in Word and PDF
format to the City
»One (1) electronic copy of the Final Response to Comments Memorandum in Word and PDF format to the
City
5.Approval and Notice of Determination
Terri McCracken of PlaceWorks will attend two (2) public hearings (Planning Commission and City Council) on the
approval of the proposed project and IS/MND. Within 5 days of approval of the IS/MND, PlaceWorks will prepare
a Notice of Determination (NOD) for submittal to the County Clerk. City staff will submit the NOD to the County
Clerk and pay all applicable filing fees at the time of posting. The budget does not include payment of any filing
fees.
Deliverables:
»One (1) electronic copy of the Notice of Determination (NOD) in Word and PDF format to the City
»One (1) electronic copy of the Final IS/MND in Word and PDF format to the City
Revised: April 30, 2020 – Services Agreements
1
Exhibit A-A – SHELTER IN PLACE AND SOCIAL DISTANCING REQUIREMENTS
A. Health Laws Acknowledged. It is acknowledged that Consultant’s/Contractor’s
(“Contractor”) duty to comply with Laws, as defined in Section 13 of the Contract/Agreement
(“Contract”), includes immediate compliance by Contractor and its subcontractors with the
restrictions on travel and the Social Distancing Requirements set forth in the most recent health
order issued by the County of Santa Clara Health Department in response to the COVID-19
pandemic, and any subsequent amendments or superseding orders thereto (the “Health
Order”), and any other local, state, or federal laws that have been or may be enacted in
response to the COVID-19 pandemic (collectively, “Health Laws”).
B. Health Order Compliance. Contractor shall comply with any restrictions on travel and social
distancing requirements in the Health Order when preforming work under this Contract. If a
scope of work item, notice to proceed, or work order under this Contract specifies work that
cannot be performed in compliance with the Health Order or other Health Laws, Contractor
shall refrain from conducting the work and immediately inform the City.
C. Individuals at High Risk of Severe Illness. Nothing in this Contract shall be interpreted to
require any person at high risk of severe illness from COVID-19 to leave their residence to
perform work under the Contract. Contractor will inform the City if other arrangements for the
work must be made, and City will do so, with no penalty to Contractor, although Contractor will
not be compensated for work performed by the City or third parties. Information from the
Center for Disease Control (“CDC”) on “high risk” categories is available at the CDC's website at:
https://www.cdc.gov/coronavirus/2019-ncov/specific-groups/people-at-higher-risk.html.
D. Health Order Requirements and Best Practices. Contractor will immediately undertake all
appropriate measures to ensure compliance with the Social Distancing Requirements in the
Health Order by all individuals performing work under this Contract, including Contractor's or
any subcontractor's workers, employees, representatives, vendors, or suppliers (collectively,
"workers"), and shall maintain these measures for as long as required by the Health Order or
other Health Laws. As long as required by the operative Health Order or other Health Laws,
these measures shall include, but are not limited to, the following:
1. Meetings/Site Access. Use electronic alternatives to in person meetings, e.g.,
conference calls, video-conferencing, etc., to the greatest extent possible. Limit access
to any project site or any work area to workers who are necessary to perform in-person
work. Require non-essential personnel to work from home to the extent possible. Avoid
all non-essential travel.
2. Distancing. Where workers perform in-person work at a project site or a work area,
prohibit workers from being less than six feet apart, unless and only to the extent that
would compromise worker safety or violate safety Laws for specific operations. Prohibit
handshaking or any physical contact among workers, with the sole and limited exception
Revised: April 30, 2020 – Services Agreements
2
of any physical contact required for worker safety or to comply with safety Laws.
Prohibit workers from sharing a vehicle.
E. Changed Requirements. It is understood and acknowledged that circumstances pertaining to
the COVID-19 pandemic are evolving rapidly and that new local, state, or federal requirements
may modify the requirements under this Exhibit. Contractor agrees to work cooperatively with
the City to implement new or changed requirements as quickly as possible.
F. Subcontracts. Contractor shall include the terms of this Exhibit in all subcontracts and require
any agents, subcontractors, or subconsultants to comply with its provisions.
1229192.7
April 15, 2020 | Page 10
Schedule, Products, and Meetings
SCHEDULE
PlaceWorks staff will work with City staff to prepare a schedule upon receipt of the Notice to Proceed. As shown
on Figure 1, Project Schedule, we anticipate that the IS/MND can be completed and approved within a 6-month
period.
PlaceWorks has a strong track record in meeting project schedules and coordinating closely with its clients. Over
years of managing projects similar to the proposed project, we have developed a variety of tools and tactics to
keep projects on schedule and ensure that staff is well informed at all times. We will maintain an up-to-date
schedule throughout the project, to ensure that all team members are aware of upcoming meetings and product
due dates. As detailed in Task A.2, we recommend regular status meetings and the use of project management
tools including regularly maintained action item list and schedule to ensure clear communication between
project team members and quick resolution of obstacles to progress.
PRODUCTS
The following products will be submitted to the City in fulfillment of our proposed scope of work:
Revised Project Schedule
Data Needs Memorandum
Administrative Draft and Final Project Description
Administrative, Screencheck Draft and Final NOI, IS/MND, and MMRP
Administrative, Screencheck Draft and Final Response to Comments Memorandum
Notice of Determination
MEETINGS
PlaceWorks will attend the following meetings in fulfillment of our proposed scope of work:
Terri McCracken and Jacqueline Protsman will participate in one kick-off meeting
Terri McCracken and Jacqueline Protsman will participate in ten regularly scheduled status meetings
Terri McCracken will attend one environmental review committee meeting to present the conclusions of
the IS/MND and receive comments on the document
Terri McCracken will attend two public hearings on the approval of the project and IS/MND
Attendance at additional hearings would be billed on a time and materials basis with an estimated cost of $800
per meeting.
Exhibit B
April 15, 2020 | Page 11
Figure 1 Schedule
Owner
Duration
(weekdays)Task April May June July August September October
4/20 4/27 5/4 5/11 5/18 5/25 6/1 6/8 6/15 6/22 6/29 7/6 7/13 7/20 7/27 8/3 8/10 8/17 8/24 8/31 9/7 9/14 9/21 9/28 10/5 10/12
City 1Issue Notice to Proceed
Task A. Project Initiation and Project Management
City/PlaceWorks 1
City/PlaceWorks 10
Kick-Off Meeting
Status Meetings
Task B. CEQA Environmental Review
City/PlaceWorks 20
City/PlaceWorks 30Initial Study
Project Description
Task C. Mitigated Negative Declaration
City/PlaceWorks 20
Environmental Review Committee Meeting City/PlaceWorks 1
Response to Comments City/PlaceWorks 20
Planning Commission and City Council Hearings City/PlaceWorks 2
Notice of Determination City/PlaceWorks 1
Key:
City
PlaceWorks
Review Periods
Holidays
Meetings/Hearings
30-day Public Review
Mitigated Negative Declaration/Notice of Intent
April 15, 2020 | Page 12
Cost Estimate
As shown in Table 2, the estimated cost to complete the scope of work is $63,515. The billing rates for each team
member are included in Table 2. PlaceWorks bills for its work on a time-and-materials basis with monthly
invoices. PlaceWorks recommends planning for a 5 to 10 percent (i.e., $3,175 or $6,351) contingency fund to
cover any unforeseen out-of-scope work that might be necessary for the project.
ASSUMPTIONS
This scope of work and cost estimate assumes that:
Our cost estimate includes the meetings shown above. Additional meetings would be billed on a time-and-
materials basis. Terri McCracken will attend all project meetings and other public meetings.
No more than 38 hours of PlaceWorks staff time will be required to respond to comments on the Public
Review Draft of the IS/MND. If additional labor is necessary, a contract amendment allowing additional
work will be necessary.
All products will be submitted to the City in electronic (PDF) format, except for printed copies that are
specifically identified in Table 2. This is an allowance only, based on the numbers of products and copies
described above. If this allowance is exceeded, additional printing costs will be billed at PlaceWorks actual
cost.
City staff will be responsible for meeting logistics, including schedule coordination, document production,
printing notices, mailing costs, room reservations, room set-up and take-down, and refreshments.
Acknowledgement
This proposal shall remain valid for a period of 90 days from the time of submittal. As Associate Principal, I am
authorized to bind PlaceWorks and the project team to the contents of this proposal. We look forward to
working with you to bring about the successful completion of this project. If you have any questions regarding
the contents of this proposal, please feel free to contact me.
Respectfully submitted,
PlaceWorks
Terri McCracken
Associate Principal
Exhibit C
April 15, 2020 | Page 13
Table 2 Cost Estimate
McCracken Protsman Vermilion Carman Bush Nguyen/
Garcia
Graphics/
WP
Clerical/
Intern
Associate
Principal
Project
Planner
AQ/GHG
Principal
Noise
Manager
Senior
Engineer
Project
Scientist
Hourly Rate:$195 $120 $215 $190 $170 $125 $110 $90
TASK A. Project Initiation and Project Management
1 Kick-off Meeting 4 4 8 $25 $1,285 $1,285
2 Status Meetings 10 10 20 $63 $3,213 $3,213
3 Project Management 12 14 26 $80 $4,100 $4,100
Task A. Subtotal 26 28 0 0 0 0 0 0 54 $169 $8,599 $8,599
TASK B. CEQA Environmental Review
1 Project Description 8 10 2 20 $60 $3,040 $3,040
2 Environmental Checklist 22 53 8 9 17 87 4 1 311 $596 $30,371 $30,371
0 $0 $0 $0
Task B. Subtotal 30 63 8 9 17 87 6 1 331 $655 $33,410 $33,410
TASK C. Mitigated Negative Declaration
1 Mitigated Negative Declaration 12 36 2 2 2 5 4 2 65 $181 $9,236 $9,236
2 Mitigation Monitoring or Reporting Program 2 4 6 $17 $887 $887
3 Notice of Intent 2 4 1 1 8 $21 $1,091 $1,091
4 Response to Comments (ERC Meeting) 16 22 1 1 1 1 42 $129 $6,574 $6,574
5 Approval (Planning Commission & City Council Meetings) and NOD 8 4 1 13 $43 $2,193 $2,193
Task C. Subtotal 40 70 3 3 3 5 7 3 134 $392 $19,982 $19,982
0 $0 $0 $0
Labor Hours Total 96 161 11 12 20 92 13 4 519
Labor Dollars Total $18,720 $19,320 $2,365 $2,280 $3,400 $11,500 $1,430 $360 $1,216 $61,991 $61,991
PlaceWorks Percent of Total Labor 18%31%2%2%4%18%3%1%
EXPENSES
PlaceWorks Reimbursable Expenses $1,524
Deliveries
Subconsultants' Reimbursable Expenses $0
EXPENSES TOTAL $1,524
GRAND TOTAL $63,515
Total Task
Budget
PlaceWorks
Hours
PlaceWorks
Total
PlaceWorks 2%
Office Expenses
PLACEWORKS
April 15, 2020 | Page 14
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Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts
1
Form Updated Sept. 2019
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 01 (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 $2,000,000 aggregate. If written on a
claims made form:
a. The Retroactive Date must be shown and must be before the Effective Date of the Contract.
b. Insurance must be maintained for at least five (5) years after completion of the Services.
c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form
with a Retroactive Date prior to the Contract Effective Date, the Consultant must purchase
“extended reporting” coverage for a minimum of five (5) years after completion of the Services.
EXHIBIT D
Insurance Requirements
Design Professionals & Consultants Contracts
Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts
2
Form Updated Sept. 2019
OTHER INSURANCE PROVISIONS
The aforementioned insurance shall be endorsed and have all the following conditions and provisions:
Additional Insured Status
The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers
(“Additional Insureds”) are to be covered as additional insureds on Consultant’s CGL and automobile
liability policies. General Liability coverage can be provided in the form of an endorsement to Consultant’s
insurance (at least as broad as ISO Form CG 20 10 (11/ 85) or both CG 20 10 and CG 20 37 forms, if later
editions are used).
Primary Coverage
Coverage afforded to City/Additional Insureds shall be primary insurance. Any insurance or self-insurance
maintained by City, its officers, officials, employees, or volunteers shall be excess of Consultant’s insurance
and shall not contribute to it.
Notice of Cancellation
Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written
notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums.
Waiver of Subrogation
Consultant waives any right to subrogation against City/Additional Insureds for recovery of damages to the
extent said losses are covered by the insurance policies required herein. Specifically, the Workers’
Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed
by Consultant, its employees, agents and subconsultants. This provision applies regardless of whether or not
the City has received a waiver of subrogation endorsement from the insurer.
Deductibles and Self-Insured Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At City’s option, either:
the insurer must reduce or eliminate the deductible or self-insured retentions as respects the City/Additional
Insureds; or Consultant must show proof of ability to pay losses and costs related investigations, claim
administration and defense expenses. The policy shall provide, or be endorsed to provide, that the self-insured
retention may be satisfied by either the insured or the City.
Acceptability of Insurers
Insurers must be licensed to do business in California with an A.M. Best Rating of A-VII, or better.
Verification of Coverage
Consultant must furnish acceptable insurance certificates and mandatory endorsements (or copies of the policies
effecting the coverage required by this Contract), and a copy of the Declarations and Endorsement Page of the
CGL policy listing all policy endorsements prior to commencement of the Contract. City retains the right to
demand verification of compliance at any time during the Contract term.
Subconsultants
Consultant shall require and verify that all subconsultants maintain insurance that meet the requirements of
this Contract, including naming the City as an additional insured on subconsultant’s insurance policies.
Higher Insurance Limits
If Consultant maintains broader coverage and/or higher limits than the minimums shown above, City shall be
entitled to coverage for the higher insurance limits maintained by Consultant.
Adequacy of Coverage
City reserves the right to modify these insurance requirements/coverage based on the nature of the risk, prior
experience, insurer or other special circumstances, with not less than ninety (90) days prior written notice.
DATE IMMIDD/YYYY)
0612812019
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERT1FIC.'4TE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY ARnEND, 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 INSLIRED, 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).
PRODI)CER
Marsh Risk & Insurance Services
'17901 Von Karman Avenue, Suite 1100
(949) 39G1-5800 License #0437'l 53
Irvine, CA 92614
Alln: NewportBeach.CertRequesl@marsh.conVF: 212-948-4323
CN115158923-01-Of-19-20
CONT ACT
NAME:
Pi
14
ION
'C. I'?o.Exti: IrAIAC,Nol:
E-
At
VrAi
)DR
l_- ' -"-"
IESS:
INSURER(S) AFFORDING COVERAGE NAIC#
INSURER A : Cnim & Forster Specially Insurance Co 44520
INSuRED
PlaceWo+ks, Inc
Dba: The Planning Cenfer
Design Community & Enviomment
3 MacArlhur Place, Suite 1100
San(a Ana, CA 92707
iwsusep El : Travelers Property Casually Company OTAmerlca 25674
INSURER C :
INSURER D :
INSLIRER E i
INSURER F :
COVERAGES CERTIFICATE NUMBER:LOS-002212059-20 REVISION NUMBER: 3
THIS IS TO CERTIFY THAT THE POLICIES OF INSLIRANCE 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 DOCLIMENT 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
LTR TYPE OF INSURANCE
ADDL
INSD
SUBR
WVD POLICY NUMBER
POLICY EFF
iMMlDDNYYY}
POLICY EXP
IMMIDDffYYYl LIMITS
-/1 x
-X
COMMERCIAL GENERAL LIABILITY
]CLAIMS.MADE [] OCCUR
Bl & PD Ded. $5,000
x x EPKI 27413 oztoitzoig oztovzozo EACH OCCURRENCE S 5,000,000
DAMAGE TO RENTED
PREMISES (Ea occurrence)S 50,000
ME € EXP (Any one person)$ 5,000
PERSONAL & ADV INJURY $ 5,000,000
GEN'L AGGREGATE LIMIT APPLIES PER'
g;;o;,,i;;€ jB € LoC
GENERAL AGGREGATE $ 5,000,000
PRODuCTS-COMP/OP AGG s 5,000,000
Contractors Pollution 5 5,000,000
B ALITOMOBILE LIABILITY
X ANY AUTO
rl SCHEDULED_ AuTOS ONLY II AUTOS
HIRED II NON-OWNE[)_ AUTOS ONLY 0 AUTOS ONLY
OWNED
x x BA1N96406A19CAG o"iroir:_oig o'irohr;io;io COMBINED SINGLE LIMIT
(Ea accidenlj s 1000,000
BODILY INJURY iPer person)s
BODILY INJURY (Per accident)I
PROPERTY DAM AGE
(Pet acciden(l s
Comp/Coll Deduclibles S iOOO
H
x
uMBRELu LIAB
EXCESS LIAR
x OCCUR
CLAIMS-M ADE
EX6J3287561943 07/Of/2019 07/01/2020 EACH OCCURRENCE s 4,000,000
AGGREGATE s 4,000,000
DED I I RETENT.ON S $
B WORKERS COMPENSATION
AND EMPLOYERSa LIABILITf Y , N
%,,::4F,(4::::41g;':t%Fgg9ECUTlVE Q
IMandatory In NH)
IT yes, describe under
DESCRIPTION OF OPERATIONS below
NIA
UB7K7286781 943G 07/Of/2019 07101/2020 " I S\ATUTE I I gR"-
E.L. EACH ACCIDENT s 1,000,000
E.L. DISEASE - EA EMPLOYEE s 1,000,000
E.L. DISEASE - POLICY LIMIT $ 1,000,000
A Eqors & Omissions-Claims Made
Retro Dates: See 2nd Page
EPK127413 07/Ov2ot9 07/01/2020 Each Claim/Aggregate 5,000,000
DESCRIPTIONOFOPERATIONS/LOCATIONS/VEHICLES (/.COR€101,AddltionalRemarksScheduleimaybiattachedlfmorsspacelsrequk;d)
Re: ISIMND Cupettino CA
The City of Cupetllno, its city council, boards and commissioners, officers, employees, and volunteers are included as additional insured where required by witien contract with respect )o General and Auto Liability.
This insurance is primary and non-contributory over any existing insurance and limited to liability arising out of Ihe operations of the named insured and where required by wiiten contract with respect to General
Liability. Waivet of subtogation is applicable where required by wriilen contract with tespect to General end Auto Liability.
(.F-RTIFICATE HOLDER CANCELLATION
City oT Cuperlino
10300 Toree Ave.
Cuperlino, CA 95014
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AuTHORIZED REPRESENTATIVE
of Marsh Risk & Insuraru.e Services
Rosalvnda Martinez " _ wvs
I " - - - " " - -" " - ' " " - - r'xh I) - - o - - 411!1
@ 1988-20'l6 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03)The ACORD name and logo are registered marks of ACORD
BA1N96406A19CAG Effective 07/01/2019
COMMERCiAL AUTO
THIS ENDORSEMENT CHANGES THE POLIC\. PLEASE READ IT CAREFULLY.
BUSINESS AUTO EXTENSION ENDORSEMENT
This endorsement modifies insurance provided under the follovilng:
BUS1NEE3S AUTO COVERAGE: FORM
GENERAL DESCRIPTION OF COVERAGE - Thts endorsement broadens coverage. However, coverage for any
injury, damage or medical expenses described in any of the provisions or this endorsement may be excluded or
limited by another endorsement to the Coverage Part, end these coverage broadening provisions CIO not apply to
the extent fhae coverage is excluded or limited by such an enclorsen'ient. The following listing is a general cover-
age description oniy. Limitations and exclusions may apply to these coverages Read all tt'ie provisions or this an-
dorsement and the rest or your pollcy carefully to determine rights, duties, and what Is and is not covered,
A, BROAD FORM NAMED 1!'118URED
B. BLANKET ADDITIONAL INSURED
C. EMPLOYEE HIRED AUTO
D. EMPLOYEES AS INSURED
E. SUPPLEMENTARY PAYMENTS INCREASED
L!MITS
F. HIRED AUTO - LIMITE:D WORLDWIDE COV-
ERAGE - INDEMNITY BASIS
G. WAIVER OF DEDUCTIBLE - GLASS
H. HiRED AUTO PHYSICAL DAMAGE - LO88 0F
USE: - INCREASED LIMIT
1. PHYSICAL DAMAGE - TRAr'JSPORTATION
EXPEfVSES - INCRE.ASED LIMIT
J. PERSONAL PROPERTY
K, AIRBAGS
L- NOTICE AND KNOWLEDGE OF ACCIDENT OR
LOSS
M. BLANKET WAIVER OF SUBROGATION
N. UNINTENTIONAL ERROR8 0R OM18810N8
PROVISIONS
A, BROAD FORM NAMED INSURED
The following is added to Paragraph 4.1., Who Is
An Insured, of SECTION I! - COVERED AUTO3
LIABILITY COVERAGE:
Any organization you newly acquire or form dur-
ing the po(icy period over which you maintain
50% or more ownership interest and that is not
separgtely insured for Business Auto Coverage.
Coverage under this provision Is afforded on[y un-
til the 180th day after you acquire or form the or-
ganization or lhe end of the policy period, whic.h-
ever is eariier.
B. BLANKET ADDITIONAL IN8URED
The following is added to Paragraph c. in A."l.,
Who is An li'isured, of SECTION II - COVERED
AUTOS LIABILITY COVERAGE:
Any person or organization who Is required under
a written contract or agreemerit between yoii and
tliat person or organization. that is signed and
executed by you before the "5odl!y Injury" or
"property damage" occurs and that Is in effect
during the policy period, to be named as an addi-
tional insured is an "insured" for Covered Autos
Liabi)ity Coverage, but only for damages to vihich
this insurance applies and on[y to the extent that
person or organization qualifies as an "insured"
under the Who (s An Insured provision contained
in Seclion II,
C. EMPLOYEE HIRED AUTO
1. The following is added to Paragr=iph A.t.,
Who Is An Insured, of SECTION II - COV-
ERED AUTOS LIABILITY COVE=RAGE:
An "employee" of yours is an "insured" while
operatlng an "auto" hired or rented under a
contract or agreement in an "emp]oyee's"
name, with your permission, while performing
duties related to the conduct of your busi-
ness.
2. The following rep[aces Paragraph b. in B.5.,
Other Insurance, of SECTION IV - BUSI-
NESS AUTO CONDtTlONS:
b, For Hired Auto Physical Damage Cover-
age, the following are deemed to be cov-
ered "autos" you own:
(1) Any covered "auto" yoii lease, l'iire,
rent or borrow; and
(2} Any covered "auto" hired or rented by
your "employee" under a contract in
an "employee's" name, with your
CA T3 53 0215 @2015-ilie Travelers Indernnlty Company. All rlghts reaerved-
Includes copyrighted 'm;'iterlal or Instirant,e Servicea Offioe, Ino. with Its permfseion.
Page 1 of 4
0020ae
BA7E37616719CAG Effective 07/01/2019
COMMERCIAL AUTO
permission, while perfonning duties
related to the conduct of your busl-
ness,
However, any "auto" that is leased, hired,
rented or borrowed with a driver Is not a
covered "auto".
D. EMPLOYEES AS INSIIRED
The following Is added to Paragraph A.t, Wlio is
An Insured, of SE:CTION II - COVERED AUTOS
LIABILITY COVERAGE:
An'} "employee" Of 90LlrS iS an "inSUred" Wlllle LI&
ing e covered "auto" you don't own, hire or borrow
in your business or your personal affairs.
INCREASE:DE, SUPPLEMENTARY PAYMENTS
ciurrs
t The following replaces Paragraph A.2.a,(2),
of SECTfON II- COVERED AUTOS LIABIL-
ITY COVERAGE:
(2) Up to $3,000 for cost of tail bonds (in-
c!uding bonds for related traffic law viola-
tions) required because of an "accident"
we cover. We do not have to furnish
these bonds.
2. The 'following replaces Peregreph A.2.a.(4),
of SECTION II- COVERED Au'roS 11ABIL-
ITY COVERAGE:
(4) All reasonable expenses inccirred by the
'insured" at our request, including actual
1033 of earnings up to $500 a day be-
cause oftime off from work.
F. HIRED AUTO - LIMITED WORLDWIDE COV.
ERAGE - INDEMNITY BASIS
The following replaces Subparagraph (5) in Para-
graph E1.7., Policy Period, Coverage Territory,
of 8EaT!ON IV - BUSINESS AUTO CONDi-
TIONS:
(5) Anywhere in the world, except any country or
jurisdiction while any trode s,gnction, em-
bargo, or similar regulation imposed by the
United States of America applies to and pro-
hibits the transaction of business with or
within such country or jurisdiction, for Cov-
ered Autos Liability Coverage for any covered
"auto" that you lease, hire, rent or borrow
without a driver For a period of 30 days or less
and that is not an "ai.ito" you lease, hire, rent
or borrow from any of your "employees",
partners (if you are a partnership), members
(if you are a limited liabiHty company) or
members or their households,
(a) Witi'i respect to any claim made or "suit"
brought outs(de the United States of
Amarica, the territories and possessions
of the United States of America, Puerto
Rico and Canada:
(i) You must arrange to defend the "in-
sured" against, and investigate or set-
tie any such claim or "suit' and keep
us advised of ml proceedings end ac-
tiOnS.
(ii) Neither you nor any other involved
"insured" wall make any settlement
without our consent.
(iii) We may, at our discretion, participate
in defending the "insured" against, or
in the settlement of, any claim or
"suit".
(iv)We will reimburss the "insured" rOr
sums that the "insured" legally must
pay ELS damages because of "bodily
injury" or "property damage" to which
this insurance applies, that the "in-
sured" pays with our consent, but
only up to the limit described in Pare-
graph c., Limits Of Insurance, of
SECTION II - COVERED AUTOS
LIABlt.lTY COVERAGE,
{v) We will reimburse the "insured" for
the reasonable expenses incurred
with our consent for your investiga-
tion of such claims and your defense
or the "insured" against any such
"suit", but only up to and included
within the limit described in Para-
graph c., Limits (X !nsurance, of
SECTION II - COVERED AUTOS
LIABILITY COVERAGE, and not iri
addition to such limit, Our duty to
make such payments ends when we
have used up the applicabfe liinit of
insurance in payments for damages,
setUements or defense expenses.
(b) Tl*is Insurance is excess over any valid
and collectible other insurarice available
to the "insured" whether primary, excess,
contlngent or on any other basis.
(c) This insurance is not a suListitute for re-
quired or compulsory insurance in sny
country outside the United States, its ter-
riiories end possessions, Puerto Rico and
Canatja.
Page 2 of 4 @ 2015 The Traveler:i Indemnlty Company. All rights reservetJ.
INCLUDES COp7righted material Of Insurartrte Serilces OfflOe, Ink. With it3 permission,
CA T3 53 02 15
BA7E37616719CAG Effective 07/01/2019
COMMERCIAL AUTO
(,020!!7
You agree to maintain all required or
compulsory insurance in any such coun-
try up to the minimum (imits required by
ioca[ law, Your failure to comply wtth
compulsory insurance requirements will
not invalidme the coverage afforded by
this policy, but we will only be liable to the
same extent we viould have been liable
had you complied with the compulsory in-
surance requirements.
(d) It is understood that we are not an adinit-
te.d or authorized insurer outside the
Urmed States of America, its territories
and possessions, Puerto Rico and Can-
ada. We assume no responsibility for the
furnishing of certifk,ates of insurance, or
ror compliance in any way with the laws
of other countries relating to insurance.
G. WAI\/ER OF DEDUCTIE3LE - GLA88
The following is added to Paragraph D., Deducti-
ble, of SECTION Ill - PHYSICAL DAMAGE
COVERAGE:
No deductible for a covered "auto" will apply to
glass damage if the glass is repaired rather than
replaced.
H. HIRED AUTO PHYSICAL DAMAGE - LOSS OF
USE - lNaREA8ED LIMIT
The folfowing replaces the Jast sentence or Pare-
graph A.4,ti., Loss Of Use Expenses, of SEC-
TION Ill - PHYSICAL DAMAGE COVERAGE:
However, the most we yvill pay for any expenses
for loss of use is $65 per day, to a maximum of
$750 for any one "acciderlt,",
1. PHYSICAL DAMAGE - aTRAN8PORTATION
EXPENSES - INCREASED LIMIT
Tiie folJowing replaces the first sentence in Pare-
graph A,4.a., Transportation Expenses, of
SECTION lit - PHYSICAL DAMAGE COVER-
AGE:
We will pay up to $50 per day to a maximum of
$1,500 for temporary transportation expense in-
curred by you because of the total theft of a cov-
ered "auto" of the private passenger type.
J, PERSOr=JAL PROPERTY
The foliow)ng Is added to Paragraph A,4., Cover-
age Extensions, or 8ECTION Ill - PHYSICAL
DAMAGE COVERAGE::
Parsonal Property
We will pay up to $400 far "loss" to wearing ap-
parel and other personal (;iroperty whicti is:
(1) Owned by an "insured"; and
(2) In or on your covered "auto"
TiliS coverage applies Onl9 in the eVent Of a total
theft of your covered "auto".
No deductibles apply to this Persongl Property
coverage.
K. A1RE3AGS
The following is added to Paragraph B.3., Ex<clu-
sions, of SECTION Ill - PHYSICAL DAMAGE
COVERAGE:
EXCIUSiOn 3.a. dOeS net apply tO "iOSS" tO One Or
more airbags in a covered "aiito" you own that in-
flate due to a cause other than a cause of "loss"
set forth in Paragraphs A.l,b. and A,tc., bul
only:
a. If that "auto' is a covered "auto" for Compre-
henstve Coverege under this polk,y;
b. The airbegs are not covered under any war-
ranty; and
c. The airbags were not intentionatly inflated.
We will pay up to a maximum of $1,000 for any
orie "loss".
L, NOTICE AND KNOWLEDGE OF ACCIDENT OR
LOSS
The following is added to Paragraph A.2.a., of
8E:CT10N IV - BU81NE88 AUTO COND1T10N8:
Your duty to give us or our authorized representa-
tive prompt notice of the "accident" or "loss" ap-
plies only wmn the "accident' or "loss" is known
to:
(a) You (if you are an individual);
(b) A partner (if you are a partnership):
(c) A member (If you are a limited liabl[ity com-
pany);
(d) An execiitive officer, director or insurance
manager (if you are a c5rporatian or otmr or-
ganlzatiOn); Or
(e) Any "employee" authorized by you to give no-
tfce of fhe "eccident" or "lOSS".
M. BLANKET WAIVER OF SUBROGATION
The following rep)aces Paragraph A.5., Transfer
Of Rights Of Recovery Against Others To Us,
of SECTION IV - BUSiNE88 AUTO CONDt-
TIONS:
5. Transfer Of Rights Of Rscovery Against
Others To Ua
We waive any right of recovery we may have
against any person or orqai'iization to the ex-
tent required of you by a written contract
signed and executed prior to any "acx;ident"
or "loss", provided that the "eccident" or "loss"
arises out of operations contemplated by
CA T3 63 02 1 5 @ 2015 The Travelers Indemnity COmpen'/. All rlghlS reserved.
fncludes copyrighfed material of Insurance Servicea Office, Ina. wffh lie, permission.
PElge 3 0f 4
BA7E37616719CAG Effective 07/01/2019
COMMERCIAL AUTO
such contract. The waiver applies only to the
person or organization designated in such
contract.
N. UNINTENTIONAL ERRORS OR OMISS)ONS
The following is added to Paragraph B,2,, Con-
cealrnent, Misrepresentation, Or Fraud, of
SECTION IV - BUSINESS AUTO CONDITIONS:
The unintentional omission or, or unintentional
error In, any Information given by you shall not
prejudice your rights under this insurance. How-
ever this proyision does not affect our righl to col-
lect additional premium or exercise our right of
cancellation or non-renewal,
Page 4 or 4 rf;i 201 5 The Travelers Indetnnlfy Company. All riglits rasarved
Includa's copyrighted inaterial orlnsurance Services Office, Inc. with i(s permission.
CA T3 53 0215
EPK127413 Effedive 07/01/2019
THIS ENDORSEMENT CHANGES THE POLIO:Y, PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LES8EES OR CONTRACTORS
COMPLETED OPERATIONS
This eridorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY' COVERAGE PART
SCHEDULE
Name of Additional Person(s) or Organization(s):Location And Description Of Completed Operations
Where Required By Written Contract.Where Required By Writtffin Coi'iLract. -
Information required to complete this Schedule, if not sl'iovm above, wig) be shown in the D=clarations.
A. Section Ill - Who Is An Insured within the
Common Provisions is amended to include as
an insured the person(s) or organization(s)
shown in the Schedule, but only viith respect to
liability for "bodily inJury" or "propeity damage"
caused, in whole or in part, by "your work" at
the location designated and described in the
schedule of this endorsement performed for
that additional Insured and inctuded Iri the
"products-completed operations hazard".
ENO320-02-1 1 Page 1 of 1
EPK127413 Term: 7-1-19 to 7-1-20
THfS ENDORSEMENT CHANaES THE POllCY, PLEASE READ IT CAREFUllY,
PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED
WITH WAIVER OF SUBROGATION
This endorsement modifies insurance provided under the fo[(owing:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
CONTRACTORS POLLUTION LIABILIIY COVERAGE PART
ERROR8 AND OMISSIONS LIABILITY COVERAGE PART
SCHEDULE
Nattie OfAdditionai Insured Person(s) or Organization(s)
Where Required By Written Contract.
A. SECTION Ili - WHO IS AN INSllRED within the Common Provisions is amended to include as an
additional insured the persori(s) or organization(s) indicated in the Schedule shown above, but only with
respect to liability arising out of "your work" for that person or organization perforrried by you, or by those
acting on your behalf.
B. As re:spects additional insureds as defined above, this insurance also appiies to "bodily injury" or "property
damage" arising out of your negligence when the following wrJen contract requirements are applicable:
1. Coverage available under this coverage part shall apply as primary insurance. Any other insurance
available to these additional insureds shall apply as excess and not contribute as primary to the
insurance afforded by this endorsement.
2, We waive any right of recovery we may have against the person(s) or organization(s) indicated in the
Schedule shown above because of payments we make for injury or damage arising out of "your work'
performed under a written contract with that person(s) or organizatiori(s).
3, The term "additional insured" is used separately and not collectively, but the irclusion of more than one
"additional insured" sha!l not increase the limits or coverage provided by this insurance.
This Endorsement does not reinstate or increase the Limits of Insurance applicable to any "claim" to which the
coverage afforded by this Endorsement applies
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCH ANGED.
ENOI 47-i 'l 11 Page 1 of 1
4k
TRAVELERSJ
On TOffiR BQWeE
ffARffORD C'T t)SIEII
WORKERS COMPENSATION
AND
ffiPLOYERS LIABILITI POLICY
ENDORSEMENT WC 99 03 78 < A). 0 01
POLICY NUMBER:UB-7K728676- 19-43-G
WA[VER OF OUR RIGHT TO RECOVER FROM OTHERS
ENDORSEMENT - CAIIFORNIA
(BLANKET WAtVER)
We have the right to recover our payments Trom anyone liable for an ?juiy covered by this poliq. We wil) not
enforce our right agalnstthe person or arqanization named in the Schedute,
The addffioila( premium far this endorsement shall be 2. 00 % Of tlia Caltfarn?a Workers' compensation pre-
mlumi
!5!chedula
Pet'soti or or@arilzatlan Jeib Description
WAffER
QNHfflE
p
mai
a
uffl5i
This endorsement changes the policy to whA:h it is attached and % effective on the date issued unless mherwise
stated.
(The Information be[ow ts required only when this endorsemerit is Fssued subsequent to preparatton of
the polfcy.
E:ndoisementEffective 07/01/2019 PolicyNo. UB7K728676-19-43-G EndorsementNo. 1
Insurcd Premium
/
Insurance Company Tt'avelers Property Casualty Countersklned by
DATEOF-ISSUE: 06-11-18 STASSlaM:Page 1 of 1
(X)'1746
[3] Professional Consultant Contract
Final Audit Report 2020-05-19
Created:2020-05-12
By:Abby Ayende (AbigailA@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAAgPVfmM_It-ZTfj8tHBYTH4zLuYUqlSkT
"[3] Professional Consultant Contract" History
Document created by Abby Ayende (AbigailA@cupertino.org)
2020-05-12 - 8:58:03 PM GMT- IP address: 108.204.1.114
Document emailed to Abby Ayende (AbigailA@cupertino.org) for approval
2020-05-12 - 8:58:13 PM GMT
Document approved by Abby Ayende (AbigailA@cupertino.org)
Approval Date: 2020-05-12 - 8:58:36 PM GMT - Time Source: server- IP address: 108.204.1.114
Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval
2020-05-12 - 8:58:39 PM GMT
Document approved by Araceli Alejandre (aracelia@cupertino.org)
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