A - Draft Contract — Cupertino City Council, May 7, 2024

FIFTH AMENDMENT IQ AGREEMENT 402

BETWEEN THE CITY OF CUPERTINO AND MIG, INC

FOR LAWRENCE-MITTY PARK AND TRAIL

IMPLEMENTATION PLAN
Attachment A
This Fifth Amendment to Agreement 402 is by and between the City of Cupertino, a municipal corporation (hereinafter "City'') and MCG, Inc. a Corporation ("Contractor") whose address is 2055 Junction Ave, Suite 205, San Jose, CA 95131, and is made with reference to the following:

RECITALS:

A. On December 09, 2021 Agreement 402 ("Agreement") was entered into by and between City and Contractor for Lawrence-Mitty Park and Trail Implementation Plan.

B. The City and Contractor entered into a First Amended Agreement for Lawrence-Mitty Park and Trail 1mplementation Plan ("First Amendment") effective February 28, 2022.

C. The City and Contractor entered into a Second Amended Agreement for Lawrence-Mitty Park and Trail Implementation Plan (''Second Amendment") effective August 25, 2022.

D. The City and Contractor entered into a Third Amended Agreement for Lawrence-Mitty Park and Trail implementation Plan ("Third Amendment") effective October 13, 2022.

E. The City and Contractor entered into a Fourth Amended and Reinstated Agreement for Lawrence-Mitty Park and Trail Implementation Plan ("Fourth Amendment'') effective March 27, 2024.

F. The Original Agreement, First Amendment, Second Amendment, Third Amendment and Fourth Amendment are collectively referred to as the "Agreement" unless otherwise indicated.

NOW. THEREFORE, it is mutually agreed by and between the undersigned parties as follows:

1. Paragraph 3.1 Term of the Agreement is modified to read as follows: This Agreement begins on the Effective Date and ends on December 31 , 2027, unless terminated earlier as provided herein ("Contract Time"). The City's appropriate departo,ent head or City Manager may extend the Contract Time through a written amendment to this Agreement, provided such extension does not include additional contract funds. Extensions requiring additional contract funds are subject to the City's purchasing policy. Schedule of Performance, Exhibit B of the Agreement is modified to include Exhibit B-1 Additional Services. attached hereto. 1 Attachment A

2. Paragraph 4.1 Maximum Compensation of the Agreement is modified to read as follows:

City will pay Consultant for satisfactory performance of the Basic Services and Additional Services, if approved, a cumulative total amount that will be capped so as not to exceed $955A03.00 ( 'Contract Price"), as specified in Exhibit C and Exhibit C-1 Compensation attached and incorporated here. The Contract Price includes all expenses and reimbursements and will remain in place even if Consultant's actual costs exceed the capped amount. No extra work or payment is pennitted in excess of the Contract Price. Description of Services, Exhibits A, A-1, A-2, and A-3 of the Agreement are modified to include Exhibit A-4 Additional Services, attached hereto. Compensation Exhibit C of the Agreement is modified to include Exhibit C-1 Additional Services, attached hereto.
"' Paragraph 4.3 Additional Services. City has the discretion, but not the obligation, to authotize Additional Services up to an amount not to exceed $661,619.00 Additional Services provided to City1s reasonable satisfaction will be compensated on a lump sum basis or based on time and expenses in accordance will the Hourly Rates and Reimbursable Expenses Schedules included in Exhibit C. Tf paid on an hourly basis, Consultant will be compensated for actual costs only of normal business expenses and overhead~ with no markup or surcharge ("Reimbursable Expenses'). Consultant will not be entitled to reimbursement for copying, printing faxes, telephone charges, employee overtime, or travel to City offices or to the Project site. Description of Services, Exhibits A, A-l, A-2, and A~3 of the Agreement are modified to include xhibit A4 Additional Services attached hereto.

4. Except as expressly modified herein, all other tenns and covenants set forth in the Agreement shall remain the same and shall be in full force and effect.

SIGNATURES CONTINUE ON THE FOLLOWING PAGE
2 Attachment A
IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed.

CITY OF CUPERTINO MTG, rNC.

By ________ _ 4}~ By _________ _
Title Title Vice President and Chief Development Officer -----------
Date Date Apr 4, 2024 -----------

APPROVED AS TO FORM
City Attorney
ATTEST:

City Clerk
Date -----------
3 Attachment A

EXPENDITURE DISTRIBUTION
Item I PO Number I Amount
- I
Original Agreement 2022-325
I
293,784.0~
Amendment No. 1 Increase Compensation I, $28,500.0~
Amendment No. 2 Update Scope of Work Ii -
Amendment No. 3 Lncrease Compensation I $19,535.0~
Amendment No. 4 Extend Term and Reinstate
I
-
Amendment No. 5 I Extend Tenn & lncrease Compensation $613,584.0~ Amendments Subtotal $661 ,619.0~
Total Contract Amount I $955,403.0~
4 EXHIBIT A-4
II
Lawrence Mitty Park and Trail
Scope of Work

03.12.2024
MIG has prepared the following Scope of Work to illustrate how we will facilitate successful completion of the Lawrence Mitty Park and Trail Project. This scope captures and clarifies assumptions of the tasks incorporated in the attached Fee Proposal spreadsheet. The details are based on our understanding of the City's desire to move forward with the concept plan shown below from December 2023 and its related and ongoing CEQA work. Note that the potential restroom is not included in this scope. e, 4. CONCEPT PLAN
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PHASE 8: DESIGN DEVELOPMENT /30% CDS:
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MIG team wi ll create a Design Development/30% CD submittal based on December 2023 concept plan, shown above and without the potential restroom. The City will provide any City-required standard details, titleblocks, requirements, and specifications to the MIG team at the beginning of this phase. All submittals will be in the form of a PDF submitted through email, Google drive, or other free and readily available digital sharing format approved by The City.

Task 8.1 Opinion of Probable Cost
The MIG Team will develop an Opinion of Probable Costs based on the concept plan above to serve as a baseline for 30% effort and confirm the design is within the construction budget. 1 EXHIBIT A--4
Task 8.2 Costing City Check-in Meeting
MIG will facilitate a virtual meeting with City staff to review the cost estimate relative to construction budget and confirm changes and/or minor refinements needed for the 30% set. A summary of the meeting will be prepared.

Task 8.3 Design Development/ 30% CD Plans
The MIG Team will prepare prelimfnary plans in AutoCAD showing the layout of proposed park and trail elements, including paving, site furnishings, planting areas and other site features. This includes utility reports for capacity studies and earthwork study.

Task 8.4 Opinion of Probable Cost
The MIG Team will develop an Opinion of Probable Costs based on the 30% plans.

Task 8.5 Preliminary CD City Review Meeting
MIG will fadlitate a virtual meeting with City staff to review consolidated comments on the preliminary plans to clarify questions and confirm corrections or minor refinements needed for the 60% set. A summary of the meeting will be prepared.

Task 8.6 Project Management and Team Coordination
The MIG Team will continue Project Management and Team Coordination duties related to these tasks for the rough schedule noted on the accompanying fee spreadsheet.

TASK 8 DELIVERABLES
Unless otherwise noted, all deliverables will be provided in PDF format. We assume one round of minor revisions for each based on the Citls consolidated comments.
• Concept Plan Opinion of Probable Costs
• Pre liminary 30% CD Plans and Opinion of Probable Costs • City Review Meetings Agendas & Meeting summaries
• Monthly invoices
PHASE 9 TASK: REGULATORY PERMITTING
Task 9.1 Project Design Review and Impact Evaluation
Based on the newest version of the project design, potential impacts shall be reviewed to ensure that permit requirements are met. MIG will work with the Client to accurately identify, assess, and calculate temporary and permanent impacts to jurisdictional habitats on the project site. MIG will calculate the acreages of permanent and temporary disturbances to the jurisdictional habitats within the project site. MIG will also evaluate the drainage calculations and drainage plans prepared for the project to characterize the amount of hydromodification proposed, evaluate potential impacts on water quality, and provide recommendatlons for Best Management Practices (BMPs) to minimize impacts.

Task 9.2 Pre-Application Regulatory Agency Consultation (CDFW and RWQCB only) The purpose of this task is to discuss the project with regulatory agencies to learn of any concerns and ensure that we provide all relevant information in application packages. Since the proposed project will not impact Saratoga Creek below the Ordinary High Water Mark (OHWM), the project does not require authorization from the U.S.

Army Corps of Engineers (USACE). However, the project may require authorization from California Department of Fish and Wildlife (CDFW) and Regional Water Quality Control Board (RWQCB) for potential impacts to riparian habitat within top of bank of the creek. In our experience, early coordination with the regulatory agencies can assist in expediting the permit approval process by addressing technical questions and comments early in the planning process which will limit delays during application review. MIG shall coordinate with the CDFW and RWQCB via email, and if appropriate through a virtual or in person meeting. Activities include coordination to discuss the project, present the potential impacts of the project, propose impact avoidance and mitigation measures, and address potential permitting requirements. After coordinating with regulatory agencies, if any new 2 EXHIBIT A-4
requirements arise, we will provide the Client with an updated permitting timeline based on the anticipated agency requirements.

Task 9.3 Prepare Regulatory Permit Application Packages (CDFW and RWQCB onlv) Based on our understanding of resource agency jurisdiction, the project likely requires authorization frotn the RWQCB and CDFW. The project does not require authorization from the U.S. Army Corps of Engineers (USACE) since project activities are outside of creek channel and above the ordinary high water mark (OHWM). Both RWQCB and CDFW require authorization for any project within the bed, bank, or channel of a stream; and/or within associated riparian habitat. The RWQCB may also exert jurisdiction of areas within the 100-year flood plain, even if these areas are beyond the top of bank or riparian habitat. The proposed project includes activities within the bank of the creek and associated riparian habitat.

This scope of work assumes that MIG will prepare the appropriate permit application packages, including a Notice of Applicability (NOA) for enrollment under a General Waste Discharge Requirement Order (WDR) for the RWQCB and a Section 1600 Notification of Lake and Streambed Alteration for the CDFW.

Once the 60% design is available, MIG will prepare the appropriate permit application packages. Application packages will include the permit application form, engineering drawings, and the following information:
• Description of the overall project, including a site plan and other project plans. The agencies will require 60% design plans.
• Surface area in acres of waters of the U.S. and state, adjacent wetlands, and adjacent riparian vegetation that will be impacted by the proposed project.
• Describe the actions proposed within the jurisdiction of each agency. • Method of vegetation clearing (if any) within the project area. • Cross-section and lateral view of the project plan.
• A description of water diversion methods (if any).
• BMPs incorporntcd into the project to prevent impacts to water qUnlity ;:ind biological resources. • Biological Resources Assessment.
• Hydrology and Hydraulic study (if needed).
• Alternative Analysis (if applicable}
• Mitigation and Monitoring Plan
• Final CEQA documentation, including the Notice of Completion (NOC). • Permit application fees. MIG will determine the cost of the permit fees, but the Client is responsible for the payment of all permit application fees.

We will coordinate with the City and team to provide the following information:
• Site plans.
• Volume of cut/fill and composition of materials removed/added during grading in jurisdictional areas. • Cross-section drawing of the project design.
• A Stormwater Pollution Prevention Plan (SWPP) and/or BMPs to prevent water pollution. • Estimated project costs (to determine permit application fees). • CEQA Notice of Completion (NOC).

Task 9.4 Permit Application Follow-up and Response
In MIG's experience, it is essential to provide consistent outreach and coordination with the regulatory agencies once the permit applications are submitted. Outreach efforts can help streamline permitting and avoid delays due to requests for additional information or to simply answer questions regarding the applications that the agencies may have instead of waiting for a written response to reply to. MIG will diligently negotiate permit conditions and coordinate with the regulatory agencies via phone or email in order to keep the permitting process on track. This scope of work assumes no more than 16 hours will be required to coordinate with the agencies and secure the permits.
3 f:XH I BIT A-4
Task9.5 Project Management and Team Coordination
The MIG Team will continue Project Management and Team Coordination duties related to these tasks for the rough schedule noted on the accompanying fee spreadsheet.

Task 9 Deliverables:
• Appropriate permit application packages
• Notice of Applicability (NOA) for enrollment under a General Waste Discharge Requirement Order (WDR) forRWQCB
• Section 1600 Not1fication of Lake and Stream bed Alteration for CDFW • Monthly invoices
PHASE 10: CONSTRUCTION DOCUMENTS (CD)
The MIG Team will prepare design plans, construction documents, specifications and opinions of probable costs at the milestones noted below.

Task 10.160% CD Submittal
The MIG Team will prepare construction documents to a 60% level of completion, drafted in digital forrnat using AutoCAD. Plans shall be prepared at a minimum of 111 = 20' scale. As part of the package, the MIG ieam will develop a materials and equipment schedule reflecting site material, equipment and furnishing selections so the City can review the new park's proposed aesthetic vision.

This scope assumes the development of one set of construction drawings for a single-phase project. If the City's budgeting results in the need for phasing or alternates, these can be provided for an additional fee.

Task 10.2 60% CD Opinion of Probable Costs
The MIG Team will develop an Opinlon of Probable Costs based on the submitted plans.

Task 10.3 60% CD City Coordination/ Assistance (Allowance) The MIG Team has a small allowance to allow for coordination for City reviews such as ADA review, stormwater, and the maintenance department. (Note: work related to regulatory permitting is included in Phase 7).

Task 10.4 City Review Meeting
The City will provide one set of consolidated review comments detailing the required changes to the 60% CD drawings and opinion of probable costs. These will be dfscussed in a two-hour (maximum) virtual meeting between the City and MIG to confirm design direction before beginning the 95% CD package.

Task 10.5 95% CD Submittal
Based on the 60% OD's submittal and incorporating the City's direction from the 60% CD review meeting, the MIG Team will prepare construction documents to a 95% level of completion. The MIG Team will also provide CSI format technical specifications related to t he scope of work. The City will be responsible for providing the Division I/front end/project manual specifications sections but an allowance has been made to assist the City with front end project description, bid schedule and minor edits to project manual. Design documentation, including specifications, will be consistent with required federal, state, and local codes and regulations.

Task 10.6 City Review Meeting
The City will provide one set of consolidated review comments detailing any required changes t o the Design 95% CD package prior to submitting for City permits. These will be discussed and finalized in a two-hour (maximum) virtual meeting between the City and MIG prior to submitting the permit set.

Task 10.7 Project Management and Team Coordination
The MIG Team will continue Project Management and Team Coordination duties related to these tasks for the rough schedule noted on the accompanying fee spreadsheet. 4 EXHIBIT A-4
TASK 10 DELIVERABLES
Unless otherwise noted, all deliverables will be provided in PDF format. • 60% CD Submittal - Drawings and Spec TOC
• 60% CD Opinion of Probable Costs
• 95% CD Submittal - Drawings and Specs
• Monthly invoices
PHASE 11: CITY PERMITTING/100% CONSTRUCTION DOCUMENTS {CO) The MIG Team will lead City permit applications.

Task 11.1 and 11.2 City Permit Application and 100% CD/Permit Set The MIG Team will take the lead on City permit applications. First review submittal will include 95% documents with City review comments. It is assumed that all City 95% and permit first round of review comments will be resolved to permit satisfaction with the second round of documents for permit review and that those documents will be used for public bid. Based on the City's 95% review comments and permit first review comments, the MIG Team will create a permit review delta clouded set of drawings and specifications that will be used for public bid process. The MIG team assumes that multiple permit packages are not required and that 100% construction documents will comprise the construction permitting set. The MIG Team will package the 100% complete construction documents and submit to the City for final review and comment (PDF format).

Task 11.3 Project Management and Team Coordination
The MIG Team will continue Project Management and Team Coordination duties related to these tasks for the rough schedule noted on the accompanying fee spreadsheet.

TASK 11 DELIVERABLES
Unless otherwise noted, all deliverables will be provided in PDF format. • City Permit Application
• 100% CD/Permit Drawing Set - Drawings and Specs
• Monthly invoices
TASK U : BIDDING SUPPORT
Task 12.1 Pre-bid Meeting
MIG will attend the pre-bid meeting to respond to questions about the Construction Documents.

Task 12.2 Bid Assistance Allowance (Bidder Question Response) The MIG Team has made an allowance to prepare responses to bidders' questions to clarify the construction documents.

Task 12.3 Conformed Construction Set Submittal
Once the bid period is complete and the contractor has been selected, the MIG Team will prepare a final conformed set for the contractor's use during construction. The conformed construction set will incorporate the addenda and responses to bidders' questiohs.

Task 12.4 Project Management and Team Coordination
The MIG Team will continue Project Management and Team Coordination duties related to these tasks for the rough schedule noted on the accompanying fee spreadsheet.

TASK 12 DELIVERABLES
Unless otherwise noted, all deliverables wtll be proVided in PDF format. 5 f::XHIBIT A-4
Responses to Bidders' Questions
• Conformed Construction Set
• Monthly invoices
No allowance has been made for any value engineering at the Bid Phase. Should bids come in higher than anticipated due to unforeseen market conditions, the MIG Team will meet with the Client to discuss options to move the project forward. Any additional design, coordination or submittals can be provided for additional services.

TASK 13: CONSTRUCTION ADMINISTRATION
Task 13.1 Preconstruction Meeting Participation
The MIG Team will attend and participate in a Pre-Construction meeting scheduled and lead by the City. the MIG Team will attend the meettng to support the City in answering the contractor's questions. This scope assumes attendance by the lead landscape architect and civil engineer. If needed, other design team members can be made available through additional services.

Task 13.2 Responses to Contractor Submittals
The MIG Team will review and take appropriate action (approve With modifications, reject, etc.) on the Contractor's subrnlttals such as RFl's, Shop Drawings, Product Data and Samples, to confirm conformance with the design intent of the project and compliance with the information given in the Contract Documents. Reviews wil l take place in accordance with reasonable promptness and according to language agreed upon in the bid documents. Reviews and approvals or other action shall not extend to means, methods, techniques, sequences, or procedures of construction or the safety precautions and programs incident thereto. Approval of a specific item shall not indicate approval of an assembly of which the item is a component. The MIG Team has made an allowance for assistance with these efforts and will keep the City apprised of efforts. As construction continues and additional assistance be needed and existing budget be expended, additional reviews or effort can be provided through additional services.

Task 13.3 Construction Meetings and Site visits
MIG will attend up to (4) construction meetings to review construction progress and Contractor's compliance with the design intent. These meetings can be virtual or on-site, depending on current safety measures. In addition, MIG will perform up to (8) site visits and the Civi l engineer will perform up to three (3) site visit/reviews, as requested by City. Task assumes a maximum construction duration of ten months.

Task 13.4 Preliminary Punch List Site Visit and Preparation When notified that the construction is substantially complete, the MIG team will make one site visit with the City's representative and perform a Preliminary Punch List inspection of the Project to observe any apparent defects in the completed construction regarding conformance With design intent of the Contract Documents. MIG will consolidate observations and provide a "punch list," describing the items it recommends for the contractor's correction prior to scheduling the Final Punch List Site Visit.

Task 13.5 Final Punch list Site Visit and Preparation
When notified that the construction is fully complete, the MIG team will make one site visit with the City's representative and perform a "Final" inspection of the Project to observe any apparent defects in the completed construction regarding conformance with design intent of the Contract Documents. MIG will consolidate observations and provide a Final Punch List, describing the items it recommends for the contractor's correction prior to closing out the construction contract.

Task 13.6 Project Management and Team Coordination
The MIG Team will continue Project Management and Team Coordination duties as described in Task 1 and with additional meetings as noted on the accompanying fee spreadsheet. 5 EXHIBIT A-4
TASK 13 DELIVERABLES
Unless otherwise noted, all deliverables will be provided in PDF format. • Submittal and Shop Drawing review documentation
• Responses to contractor's Requests for Information
• Construction Meetings - (up to 4)
• Site Visits - (up to 11)
• Preliminary Punch List
• Final Punch List
• Monthly invoices

ADDITIONAL SERVICES
The MIG Team has a broad range of experience, skills and services. The following is a non-exhaustive list of items that are not included in this scope but could be provided as additional services if they are needed or desired by the City:
• Any publii; meetings including but not limited to community meetings or engagement, attending City Council meetings, public hearings, hearing examiner meetings, public open houses, and local association meetings.
• City project team meetings beyond those listed
• Additional design alternative drafts or renderings other than those listed. • Preparation of phased or multiple-packaged construction documents. • Preparation of special studies outside our scope of work. • Intensive research and testing to determine conditions of existing site utilities (i.e., potholing, smoke testing, dye testing, pressure testing, fire flow testing, videotaping, etc.). • Utility Relocation Plans
• Supplemental surveying services beyond the initial survey necessary for completeness. • Appeal, Design Exception, and Alternative Review applications, • Services related to future facilities and improvements. • Design of water capture/re-use systems, pump stations, sump pumps, or force mains for sanitary sewer or storm drainage systems, if required.
• Design of systems to comply with or obtain LEED certification, including preparation of LEED documentation and addressing review comments from the USGBC. • Redesign of civil/landscape items following completion of construction document as a result of site and building plan changes or unforeseen existing conditions. • Design for areas not identified in the project understanding. • Value Engineering. If the MIG Team is needed t o assist with VE and/er bid negotiations, it is available on a Time and Materials basis.
• Project Record Drawings
PROJECT SCOPE ASSUMPTIONS:
• CLIENT: 'The City' refers t o the City of Cupertino's Lawrence M itty project team. • BUDGET: Scope and fee is based on a construction budget of $3,900,000 ($3,500,000 base budget with a 10% contingency). Redesign to value engineer the project will require a contract modification. • DELIVERABLES: Unless otherwise indicated, all deliverables will be provided in PDF format. Native files will be created ih software selected at the consultaht team's discretion. If the City desires pr1nted copies or specific file formats, t he MIG Team is happy to work with the City t o develop a strategy that meets the project's budget and needs.
• VIRTUAL MEETINGS: Team meetings are assumed to be virtual with In-person meetings limited to noted 7 EXHIBIT A-4
site visits.
• TRANSLATION: All documentation wi ll be in English; however, as an additional service, the MIG Team can provide exhibits in other langua.ges.
• CONSOLIDATED COMMENTS: The City will provide MIG wi1h (1) set of vetted and consolidated comments from all parties/agencies in all tasks involving review and feedback. • PERMIT FEES: All permit fees and agency charges will be paid by others. • UTILITIES: The site is adequately served by utilities adjacent to the site. • OFFSITE UTILITIES/STREET/PARKING DESIGN: Offsite utility or street/parking design is not included in this proposal.
• ENVIRONMENTAL WORK: Floodplain, wetland, soil remediation or environmental work is not included in this proposal.
• CONSTRUCTION TESTING + INSPECTIONS: Necessary testing and inspections during construction will be provided by others.
• ALLOWANCES: Allowances have been made for cost estimation and limited anticipated electrical and structural support; should additional support be needed as the design is refined, additional fees will be needed.
• CONTINGENCY: A design contingency has been Included to address out of scope items or additional effort requests. Use of contingency will be coordinated and authorized by the City prior to related efforts.

A rough project schedule is noted in Exhib1t B.

Estimated Project Costs are noted in Exhibit C.

NOTE: Our understanding is that the City typically keeps 10% of the construction budget as a contingency. Given the project is currently in CEQA review, regulatory permits will be needed, and that there are technical complexities with the site, we highly re~ommend that the Cfty holds a 20% contingency based on construction budget to address potential additional project needs beyond the scope noted above. 8 EXHIBIT 8-1
Lawrence Mitty Park and Trail
Schedule

03.12.2024
The following is a high level schedule for the main tasks outlined in the Scope of Work. A more detailed schedule will be coordinated with City staff once CEQA review is completed, assumed to be June 2024.

Task 8: Design Development/30% CDs -(2 months)- July/ August 2024 Tcisk 9: Regulatory Permitting- (7 months)-September 2024 -March 2025 Task 10: Construction Documents -(6 months) - April - September 2025 Task 11: City Permitting-(2 months)- October/November 2025 Task 12: Bidding Support - (2.5 months) - December 2025-February 2026 Task 13: Construction Adminfstration - (12 months) - March 2026-March 2027 l
City of Cupertino I Lawrence Mitty Park and Trail
e s t i m a t e d p r o j e c t c o s t EXHIBIT C
Hrs@ $210 Hrs@ $180 Hrs@ $205 Hrs@ $120 Hrs@ $145 Hrs@ $180 Hrs@ $120 Hrs@ $110 Hrs@ $80 Task 8: DESIGN DEVELOPMENT/30% CDS (2 MONTHS)

8.1 Opinion of Probable Cost 1 $210 4 $720 0 $0 6 $720 6 $870 $0 $0 $0 $0 17 $2,520 $0 $14,000 $16,520

8.2 Costing City Check-in Meeting 2 $420 4 $720 $0 $0 $0 $0 $0 $0 $0 6 $1,140 $0 $1,140

8.3 Design Development/30% CD plans 24 $5,040 80 $14,400 $0 120 $14,400 28 $4,060 $0 $0 $0 $0 252 $37,900 $25,000 $3,000 $2,000 $30,000 $5,000 $72,900

8.4 Opinion of Probable Cost 1 $210 4 $720 $0 6 $720 $0 $0 $0 $0 $0 11 $1,650 $0 $14,000 $15,650

8.5 Preliminary CD City Review Meeting 4 $840 6 $1,080 $0 6 $720 $0 $0 $0 $0 $0 16 $2,640 $0 $2,640

8.6 Project Management and Team Coordination
(Assume 2 meeting calls, ~1 per month plus post CEQA coordination) 8 $1,680 16 $2,880 $0 16 $1,920 $0 $0 $0 $0 8 $640 48 $7,120 $0 $7,120 Subtotal 40 $8,400 114 $20,520 0 $0 154 $18,480 34 $4,930 0 $0 0 $0 0 $0 8 $640 350 $52,970 $25,000 $0 $3,000 $2,000 $30,000 $33,000 $115,970 Task 9: REGULATORY PERMITTING (7 months)

9.1 Project Design Review and Impact Evaluation $0 2 $360 50 $10,250 $0 $0 2 $360 2 $240 1 $55 $0 57 $11,265 $0 $11,265

9.2 Pre-Application Regulatory Agency Consultation (CDFW and RWQCB only) $0 2 $360 2 $410 2 $240 $0 3 $540 2 $240 1 $55 $0 12 $1,845 $0 $1,845

9.3 Prepare Regulatory Permit Application Packages (CDFW and RWQCB only) $0 4 $720 10 $2,050 $0 $0 50 $9,000 20 $2,400 1 $110 $0 85 $14,280 $2,000 $2,000 $16,280

9.4 Permit Application Follow-up and Response $0 4 $720 4 $820 10 $1,200 $0 12 $2,160 $0 $0 $0 30 $4,900 $0 $4,900

9.5 Project Management and Team Coordination
(Assume 4 meeting calls) 4 $840 8 $1,440 0 $0 14 $1,680 $0 $0 $0 $0 4 $320 30 $4,280 $0 $4,280 Subtotal 4 $840 20 $3,600 66 $13,530 26 $3,120 0 $0 67 $12,060 24 $2,880 2 $220 4 $320 213 $36,570 $2,000 $0 $0 $0 $2,000 $0 $38,570 Task 10: CONSTRUCTION DOCUMENTS (CDS) (6 months)

10.1 60% CD Submittal 8 $1,680 80 $14,400 0 $0 120 $14,400 28 $4,060 $0 $0 $0 $0 236 $34,540 $22,000 $3,000 $2,500 $27,500 $62,040

10.2 60% CD Opinion of Probable Costs 2 $420 4 $720 $0 8 $960 $0 $0 $0 $0 $0 14 $2,100 $0 $12,000 $14,100

10.3 60% CD City Coordination/Assistance 2 $420 8 $1,440 $0 8 $960 $0 $0 $0 $0 $0 18 $2,820 $0 $2,820

10.4 City Review Meeting 2 $420 3 $540 $0 4 $480 $0 $0 $0 $0 $0 9 $1,440 $0 $1,440

10.5 95% CD Submittal 8 $1,680 60 $10,800 12 $2,460 120 $14,400 28 $4,060 $0 $0 $0 $0 228 $33,400 $22,000 $4,000 $3,000 $29,000 $62,400

10.6 City Review Meeting 2 $420 4 $720 $0 8 $960 $0 $0 $0 $0 $0 14 $2,100 $0 $2,100

10.7 Project Management and Team Coordination
(Assume 6 meeting calls, ~1 per month) 6 $1,260 12 $2,160 $0 12 $1,440 $0 $0 $0 $0 6 $480 36 $5,340 $0 $5,340 Subtotal 30 $6,300 171 $30,780 12 $2,460 280 $33,600 56 $8,120 0 $0 0 $0 0 $0 6 $480 555 $81,740 $44,000 $0 $7,000 $5,500 $56,500 $12,000 $150,240 Task 11: CITY PERMITTING/100% CDS (2 months)

11.1 City Permit Application 24 $5,040 60 $10,800 0 $0 60 $7,200 16 $2,320 $0 $0 $0 $0 160 $25,360 $2,000 $2,000 $1,000 $5,000 $30,360

11.2 100% CD/Permit Set 8 $1,680 40 $7,200 8 $1,640 120 $14,400 28 $4,060 $0 $0 $0 $0 204 $28,980 $8,000 $3,000 $3,000 $3,000 $17,000 $45,980

11.3 Project Management and Team Coordination
(Assume 6 calls) 6 $1,260 18 $3,240 $0 12 $1,440 $0 $0 $0 $0 8 $640 44 $6,580 $0 $6,580 Subtotal 38 $7,980 118 $21,240 8 $1,640 192 $23,040 44 $6,380 0 $0 0 $0 0 $0 8 $640 408 $60,920 $10,000 $3,000 $5,000 $4,000 $22,000 $0 $82,920 Task 12: BIDDING SUPPORT (2.5 months)

12.1 Pre-bid Meeting $0 6 $1,080 $0 6 $720 1 $145 $0 $0 $0 $0 13 $1,945 $0 $200 $2,145

12.2 Bid Assistance Allowance (Bidder Question Response, Addenda) 1 $210 6 $1,080 $0 6 $720 1 $145 $0 $0 $0 $0 14 $2,155 $2,500 $1,000 $1,000 $4,500 $6,655

12.3 Conformed Construction Set Submittal 1 $210 8 $1,440 $0 32 $3,840 12 $1,740 $0 $0 $0 $0 53 $7,230 $2,500 $1,000 $1,000 $4,500 $11,730

12.4 Project Management and Team Coordination
(Assume 3 meeting calls) 3 $630 12 $2,160 $0 6 $720 $0 $0 $0 $0 3 $240 24 $3,750 $0 $3,750 Subtotal 5 $1,050 32 $5,760 0 $0 50 $6,000 14 $2,030 0 $0 0 $0 0 $0 3 $240 104 $15,080 $5,000 $0 $2,000 $2,000 $9,000 $200 $24,280 Task 13: CONSTRUCTION ADMINISTRATION (12 months)

13.1 Preconstruction Meeting Participation $0 8 $1,440 $0 $0 $0 $0 $0 $0 $0 8 $1,440 $0 $1,440

13.2 Responses to Contractor Submittals 4 $840 100 $18,000 0 $0 60 $7,200 16 $2,320 $0 $0 $0 $0 180 $28,360 $10,000 $2,000 $2,000 $14,000 $42,360

13.3 Construction Meetings and Site visits (see scope qty) 16 $3,360 100 $18,000 0 $0 12 $1,440 20 $2,900 $0 $0 $0 $0 148 $25,700 $1,000 $1,000 $1,500 $28,200

13.4 Preliminary Punch List Site Visit and Preparation 1 $210 10 $1,800 $0 $0 10 $1,450 $0 $0 $0 $0 21 $3,460 $0 $3,460

13.5 Final Punch List Site Visit and Preparation 1 $210 10 $1,800 $0 $0 10 $1,450 $0 $0 $0 $0 21 $3,460 $0 $3,460

13.6 Project Management and Team Coordination
(Assume 10 meeting calls, ~1 per month) 10 $2,100 40 $7,200 $0 $0 $0 $0 $0 $0 10 $800 60 $10,100 $0 $1,200 $11,300 Subtotal 32 $6,720 268 $48,240 0 $0 72 $8,640 56 $8,120 0 $0 0 $0 0 $0 10 $800 438 $72,520 $10,000 $0 $3,000 $2,000 $15,000 $2,700 $90,220 149 $31,290 723 $130,140 86 $17,630 774 $92,880 204 $29,580 67 $12,060 24 $2,880 2 $220 39 $3,120 2068 $319,800 $96,000 $3,000 $20,000 $15,500 $134,500 $47,900 $502,200 5% Markup (Direct Costs/Administrative) $6,725 $2,395 $9,120 $511,320
Irrigation Designer
NOTE: A 20% design contingency, higher than the City's standard 10%, is highly recommended based on on-going CEQA review, pending regulatory permits, and the technical complexity of the site.

Permitting PM
Alex Broskoff
Biologist Professional
Fees
Totals
MIG
Totals
BKF
(Civil)
Sub
Totals
KPFF
(Struct
allowance)
Ninyo+
Moore
(Geotech
allowance)
Atium
(Elect
allowance)
Senior Biologist Project Assistant
Melissa Erikson Dino Viale Staff Lori Maness
Support
Kalankar/Kempton
Direct
Costs

SUBTOTAL

TOTAL PROJECT COSTS
Casey Howard
Project Associate
MIG, Inc. Subconsultants
Principal-in-Charge
Jan Eiesland David Gallagher
Project Manager
EXHIBIT C-1
EXHIBIT C-1 : Hourly Rates and Reimbursable Expenses
Lawrence Mitty Park and Trail Plan, Cupertino, CA
March 2024
EXHIBIT C-1
Unless specified otherwise, invoices are submitted monthly showing time and charges for professional services by staff category and a separate figure for expenses. Invoices are payable upon receipt. Invoices unpaid past 30 days are subject to interest at 1-1/2% per month. MIG Inc. labor includes all overhead.

Hourly rates by position are noted below:

Role
Principal-in-Charge
Project Manager
Irrigation Designer
Landscape Designer
CEQA/Envlronmental, Principal
CEQA/Environmental, Director
CEQA Project Manager
Permitting PM
Senior Biologist/Senior Analyst
Biologist/Noise Analyst/GI$
Project Support
Project Assistant
Expenses are as follows :

Type
Automobile travel
Meals
Photocopy (letter and tabloid)
Color copies (letter and tabloid)
Commercial printing/plotting
Subcontractors
Other {lab tests, aerial photos, etc)
$/hour
$210
$180
$145
$120
$220
$195
$180
$205
$180
$120
$120
$80
Rate
current IRS rate
cost+ 5%
$0.10/print
$0.50/print
cost + 5%
cost+ 5%
cost+ 5%
FOURTH AMENDMENT TO AGREEMENT 402

BETWEEN THE CITY OF CUPERTINO AND MIG, INC

FOR LAWRENCE-MITTY PARK AND TRAIL

IMPLEMENTATION PLAN
This Fourth Amendment to Agreement 402 between the City of Cupertino and MIG, Inc. is by and between the City of Cupertino a municipal corporation (hereinafter "City") and MIG fnc, a Corporation ("Contractor') whose address is 2055 Junction Ave, Suite 205, San Jose, CA 95131 and is made with reference to the following:

RECITALS:

A. On December 09, 2021 Agreement 402 (' Agreement'') was entered into by and between City and Contractor for Lawrence-Mitty Park and Trail Implementation Plan.

B. The City and Contractor entered into a First Amended Agreement for Lawrence-Mitty Park and Trail Implementation Plan (""First Amendment") effective February 28, 2022.

C. The City and Contractor entered into a Second Amended Agreement for LawrenceMitty Park a11d Trail Implementation Plan ("Second Amendment'') effective August 25, 20_2, D. The City and Contractor entered into a Third Amended Agreement for LawrenceMitty Park and Trail Implementation Plan ( 'Third Amendment") effective October 13 2022.

E. The Original Agreement, First Amendment, Second Amendment and Third Amendment are collectively referred to as the ;.Agreement" unless otherwise indicated.

F. City and Contractor to continue Contractors services to the City under the Agreement and hereby affinn their intent that it remain in full force and effect as amended and reinstated by this Fourth Amendment.

NOW, THEREFORE it is mutually agreed by and between the undersigned parties as follows:

1. Paragraph 3 .1 of the Agreement is modified to read as follows: Term. This Agreement begins on the Effective Date and ends on June 30, 2026, unless tenninated earlier as provided herein ( 'Contract Time·). The City s appropriate department head or City Manager may extend the Contract Time through a written amendment to this Agreement, provided such extension does not include additional contract funds. Extensions requiring additional contract funds are subject to the City's purchasing policy.

2. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect.

SIGNATURES CONTINUE ON THE FOLLOWING PAGE
1 IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed.

CITY OF CUPERTINO
By A,~w,..

Title City Manager
Date Mar 27, 2024

APPROVED AS TO FORM
Chrisfopher D. Jensen
City Attorney
ATTEST:

City Clerk
Date Mar 27, 2024
.MIG, INC
Title Vice President and Chief Development Officer
Date Mar 20, 2024
2 ACORD ~ ® CERTIFICATE OF LIABILITY INSURANCE I PATE (MM/DDIYYYY) ~ 8nt2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder ls an ADDITIONAL INSURED, the pollcy(les) ,nust have ADDITIONAL INSURED provisions or be endorsed.

PRODUCER ~~1~CT Jo Lusk
AssuredPartners Design Professionals Insurance Services, LLC fA~~N,_t ,,_.,. 510-272-1465 ' FAX
3697 Mt. Diablo Blvd Suite 230 IA/C Nol:

Lafayette CA 94549 !flJ~ss: [email protected] INSURERCSI AFFORDING COVERAGE NAIC#
I lro~ooN< 60nJ7,1 ~ INSURER A : BERKLEY INSURANCE COMPANY 32603 INSURED MIGINC0--01 1NSURERB : Travelers Property Casualty Company of America 25674 MIG, Inc. INSURER c: The Travelers lndemnitv Cornoanv of Connecticut 25682 Moore lacofano Goltsman, Inc. 800 Hearst Ave INSURER o : The Travelers Indemnity Company 25658 Berkeley CA 94710 INSURERE :

INSURER Fe
COVERAGES CERTIFICATE NUMBER: 1537881182 REVISION NUMBER:

T'HIS IS TO CERTIFY THAT Tl-iE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR AODL SUBR POLICY EFF POLICY EXP
LTR TYPE OF INSURANCE •••~n wun POLICY NUMBER IMMIOD/YYYYI IMM/DD/YVVVl LIMITS C X COMMERCIAL GENERAL LIABILITY y y 6801 H899998 8/31/2023 8/31/2024 EACH OCCURRENCE $1,000,000 - =i CLAIMS•MADE 0 OCCUR PRaiisEJ 'i'~~~ern:.l' - $1,000,000 X Contractual Llab MED EXP (Any one pernon) $10,000 -
_ lnduded PERSONAL & ADV INJURY $1 ,000,000
GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 ~ 0 PR0- POLICY JECT D Loc PRODUCTS - COMP/OP AGG $2,000,000 OTHER: s
C AUTOMOBILE LIABILITY y y BAOS579947 8/31/202:l 8131 /2024 ~~~~~tflNGLE LIMIT s 1.000.000 - X ANY AUTO BODILY INJURY (Pe, persoo) l, ,__ OWNED ~ SCHEDULED BODILY INJURY (Per acddent) S ,__ AUTOS ONLY --- AUTOS
X HIRED X NO.N-OWNEO tp~~~;,~d"Z,~AMAGE $ ,__ AUTOS ONLY --- Al.!TOSONLY
s
e X UMBRELLA LIAB
~ OCCUR '( y CUPOH758762 8/31/202:l 8/31/2024 EACH OCCURRENCE $ 10,000,000 ,__ EXCESSLIAB CLAIMS•MADE AGGREGATE $10,000,000 DED I X I RETENTION$ n $
0 WORKERS COMPENSATION y UB2L553909 8/31/2023 8/31/2024 X I ~~~TE I I OTiiER AND EMPLOYERS' LIABILITY YIN ANYPROPRIETORIPARTNERIEXECUTIVE 0 NIA E.L. EACH ACCIDENT S 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) EL DISEASE· EA EMPLOYEE S 1,000,000
lfrn, describe under
D CRIPTION OF OPERATIONS below E.L DISEASE -POLICY LIMIT S 1,000.000 A Profess,cnal Liabitttg & AEC907002005 8/31/2023 8/31/2024 Per Clalm/S,000,000 S5,000,000/Aggr Conlr. Pollution L,a lndod@d Included DESCRIPTION OF OPERATIONS I LOCATIONS/ VEHICLES (ACORD 101, Additional Romarks Schedule, rnay be ahochod If _more space Is required) Umbrella Liability policy is a follow-form to its underlying Policies: General Liability/Auto Liability/Employers Liability.

Re: Lawrence Mitty Park and Trail Master Plan The Clty of Cupertino, its Cfty Council, officers, officials, employees. agents, servants and volunteers are named as an additional insured as respects general liability and auto liability as required per written contract or agreement Genera l Liability is Primary/Non-Contributory per policy form wording _ Insurance coverage includes waiver of subrogation per the attached endorsement(s).

CERTIFICATE HOLDER
City of Cupertino
10300 Torre Avenue
CURertino Ct, 95014
ACORD 25 (2016/03)
CANCELLATION 30 Da Notice of Cancellation

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
© 1988-2015 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD
POLICY NUMBER : 680-1 H899998 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - SCHEDULED PERSON OR

ORGANIZATION
This endorsement modifjes insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Names of Additional Insured Person(s) or Organization(s):

Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part. provided that such written contract was signed by you before.and is in effect when, the "bodily injury" or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed.

Location of Covered Operations:

Any project to which a written contract with the Additional Insured Person(s) or Organization(s) in the Schedule applies.
(Information requlred to complete this Schedule, if not shown above, will be shown in the Declarations.) A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage", "personal injury" or "advertising injury"
caused, in y.hole or in part, by:

1. Your acts or omissions; or

2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s) designated above.

B. With respect to the insurance afforded to these
additional insureds, the following additional exclusions apply:

CG 03 61 0305
This insurance does not apply to "bodily injury" or
"property damage" occurring, or "personal injury"
or "advertising injury" arising out of an offense
committed, after:

1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or

2. That portion of "your work" out of which the
injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a princlpal as a part of the same project.

CGT8 03 08 23
Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved. ncludes copyrighted material of Insurance Services Office, Inc. with its peITTlission.

DATE OF ISSUE: 0B/06/2023 Page 1 of 1
POLICY NUMBER: 680-1H899998 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person{s) Or Organization(s):

Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part for "bodily injury" or "property damage'' included in the products-completed operations hazard, provided that such contract was signed by you before, and is in effect when, the "bodily injury or "property damage" occurs.

Location And Description Of Completed Operations
Any project to which a written contract with the Additional Insured Person(s) or Organization(s) in the Schedule applies.

Information required to complete this Schedule, if not shown above. will be shown in the Declarations.

Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the CG 20 37 07 04
location designated and described in the schedule of
this endorsement performed for that additional insured and included in the "products-comp·Jeted operations hazard".

CG TB 04 OS 23 © ISO Properties, Inc., 2004
DATE OF ISSUE: 08/06/202~ Page 1 of 1
Policy# sso1Ha999sa

COMMERCIAL GENERAL LIABILITY
c. Method Of Sharing
If all of the other insurance permits contribution
by equal shares, we will follow this method also.

Under this approach each insurer contributes
equal amounts until it has paid its applicable
limit of insurance or none of the loss remains,
whichever comes first.

If any of the other insurance does not permit
contribution by equal shares, we will contribute
by limits. Under this method, each insurer's
share is based on the ratio of its applicable limit
of Insurance to the total applicable limits of
insurance of all insurers.

Primary And Non-Contributory Insurance If
a. The statements in the Declarations are
accurate and complete;
b. Those statements are based upon
representations you made to us; and
c. We have issued this policy in reliance upon
your representations.

The unintentional omission of, or unintentional error
in, any information provided by you which we relied
upon in issuing this policy will not prejudice your
rights under this insurance. However, this provision
does not affect our right to collect additional
premium or to exercise our rights of cancellation or
nonrenewal in accordance with applicable insurance
➔ laws or regulations. d. Required By Written Contract ---?;,,7. Separation Of Insureds If you specifically agree in a written contract or
agreement that the insurance afforded to an
insured under this Coverage Part must apply on
a primary basis, or a primary and noncontributory basis, this insurance is primary to other insurance that is available to such insured
which covers such insured as a named insured,
and we will not share with that other insurance,
provided that:
(1) The "bodily injury'' or "property damage'' for
which coverage is sought occurs; and
(2) The ''personal and advertising injury'' for
Which coverage is sought is caused by an
offense that is committed;
subsequent to the signing of that contract or
agreement by you.

5. Premium Audit
a. We will compute all premiums for this Coverage
Part in accordance with our rules and rates.
b. Premium shown in this Coverage Part as
advance premium is a deposit premium only. At
the close of each audit period we will compute
the earned premium for that period and send
notice to the first Named Insured. The due date
for audit and retrospective premiums is the date
shown as the due date on the bill. If the sum of
the advance and audit premiums paid for the
policy period is greater than the earned
premium, we will return the excess to the first
Named Insured.
c. The first Named Insured must keep records of
the Information we need for premium
computation, and send us copies at such times
as we may request.
6, Representations
By accepting this policy, you agree:

Except with respect to ttie Limits of Insurance, and
any rights or duties specifically assigned In this
Coverage Part to the first Named Insured, this
insurance applies:
a. As if each Named Insured were the only
Named Insured; and
b. Separately to each insured against whom clatm
is made or "suit" is brought.

8. Transfer Of Rights Of Recovery Against Others
To Us
l f the insured has rights to recover all or part of any payment we have made under this Coverage Part,
those rights are transferred to us. The insured must
do nothing after loss to impair them. At our request.
the insured will bring ''suit'' or transfer those rights to us and help us enforce them.

9. When We Do Not Renew
If we declde not to renew this Co\.€rage Part. we will
mail or deliver to the first Named Insured shown in
the Declarations written notice of the nonrenewal
not less than 30 days before the expiration date.

If notice is mailed, proof of malling will be sufficient proof of notice_

SECTION V - DEFINITIONS

1. "Advertisement'' means a notice that is broadcast or published to the general public or specific market
segments about your goods, products or services
for the purpose of attracting customers or
supporters. For the purposes of this definition:
a. Notices that are published include material
placed on the Internet or on similar electronic
means of communication; and
b. Regarding websites, only that part of a website
that is about your goods, products or services
for the purposes of attracting customers or
supporters is considered an advertisement.

Page 16 ends

Includes copyrighted material of Insurance Services Office. Inc. with fts permission.

Policy # 6801HS99998
occupational therapist or occupational
therapy assistant, physical therapist or
speech-language pathologist; or
(b) First aid or ''Good Samaritan services"
by any of your "employees" or "volunteer
workers", other than an employed or
volunteer doctor. Any such "employees"
or "volunteer workers" providing or failing
to provide first aid or ''Good Samaritan
services" during their work hours for you
Will be deemed to be acting within the
scope of therr employment by you or
performing duties related to the c-onduct
of your business.

3. The following replaces the last sentence of
Paragraph 5. of SECTION Ill - LIMITS OF
INSURANCE:

For the purposes of determining the
applicable Each Occurrence Limit, all related
acts or omissions committed in providing or
failing to provide "incidental medical
services", first aid or "Good Samaritan
services" to any one person will be deemed
to be one "occurrence".

4. The following exclusion is added to
Paragraph 2., Exclusions, of SECTION I -

COVERAGES - COVERAGE A - BODILY

INJURY AND PROPERTY DAMAGE
LIABILITY:

Sale Of Pharmaceuticals
' 1Bodily injury'' or ''property damage" arising

COMMERCIAL GENERAL LIABILITY
that is available to any of your "employees"
for "bodily injury" that arises out of providing
or failing to provide "incidental medical
services" to any person to the extent not
subject to Paragraph 2.a.(1) of Section II -
Who Is An Insured.

K. MEDICAL PAYMENTS- INCREASED LIMIT
The following replaces Paragraph 7. of
SECTION Ill - LIMITS OF INSURANCE:

7. Subject to Paragraph 5. above, the Medical
Expense Limit is the most we will pay under
Coverage C for all medical expenses
because of "bodily injury" sustained by any
one person, and will be the higher of:
a. $10,000; or
b. The amount shown in the Declarations of
this Coverage Part for Medical Expense
Limit.

L. AMENDMENT OF EXCESS INSURANCE

CONDITION - PROFESSIONAL LIABILITY
The following is added to Paragraph 4.b.,
Excess Insurance, of SECTION IV -

COMMERCIAL GENERAL LIABILITY
CONDITIONS:

This insurance is excess over any of the other
insurance, whether primary, excess, contingent
or on any other basis, that is Professional
Liability or similar coverage, to the extent the
loss is not subject to the professional services
out of the violation of a penal statute or
ordinance relating to the sale of
pharmaceuticals committed by, or with the➔ M.
knowledge or consent of the insured.
exclusion of Coverage A or Coverage B.

BLANKET WAIVER OF SUBROGATION -

WHEN REQUIRED BY WRITTEN CONTRACT

OR AGREEMENT

5. The following is added to the DEFINITIONS
Section:
"Incidental medical services'' means:
a. Medical, surgical, dental, laboratory, xray or nursing service or treatment, advice or instruction, or the related
furnishing of food or beverages; or
b. The furnishing or dispensing of drugs or
medical, dental, or surgical supplies or
appliances.

6. The following is added to Paragraph 4.b.,
Excess Insurance, of SECTION IV -

COMMERCIAL GENERAL LIABILITY
CONDITIONS:

This insurance is excess over any valid and
collectible other insurance, whether primary,
excess, contingent or on any other basis,
The following is added to Paragraph 8., Transfer
Of Rights Of Recovery Against Others To Us,
of SECTION IV - COMMERCIAL GENERAL
LIABILITY CONDITIONS:

If the insured has agreed in a written contract or
agreement to waive that insured's right of
recovery against any person or organization, we
waive our right of recovery against such person
or organization, but only for payments we make
because of:
a. "Bodily injury" or "property damage" that
occurs; or
b. "Personal and advertising injury" caused by
an offense that is committed;
subsequent to the signing of that contract or
agreement.

COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BUSINESS AUTO EXTENSION ENDORSEMENT
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM
GENERAL DESCRIPTION OF COVERAGE - This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any •Of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part. and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered.

A. BROAD FORM NAMED INSURED
8 . BLANKET ADDITIONAL INSURED
C. EMPLOYEE HIRED AUTO
D. EMPLOYEES AS INSURED
E. SUPPLEMENTARY PAYMENTS - INCREASED
LIMITS
F. HIRED AUTO - LIMITED WORLDWIDE COVERAGE - INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE - GLASS

PROVISIONS
A. BROAD FORM NAMED INSURED
The following is added to Paragraph A.1 .. Who Is
An Insured, of SECTION II - COVERED AUTOS
LIABILITY COVERAGE:

Any organization you newly acquire or form during the policy period over which you maintaih 50% or more ownership interest and that is not
separately insured for Business Auto Coverage.

Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier.

B. BLANKET ADDITIONAL INSURED
The following Is added to Paragraph c. in A.1.,
Who Is An Insured, of SECTION II - COVERED
AUTOS LIABILITY COVERAGE:

Any person or organization who is required under
a written contract or agreement between you and
that person or organization, that is signed and
executed by you before the "bodily injury" or
"property damage" occurs and that is in effect
during the policy period, to be named as an additional insured is an ''insured" for Covered Autos Liability Coverage, but only for damages to which
H. HIRED AUTO PHYSICAL DAMAGE - LOSS OF

USE - INCREASED LIMIT
I. PHYSICAL DAMAGE - TRANSPORTATION

EXPENSES - INCREASED LIMIT
J. PERSONAL PROPERTY
K. AIRBAGS
L. NOTICE AND KNOWLEDGE OF ACCIDENT OR
LOSS
M. BLANKET WAIVER OF SUBROGATION
N. UNINTENTIONAL ERRORS OR OMISSIONS
this insurance applies and only to the extent that
person or organization qualifies as an ''insured"
under the Who Is An Insured provision contained
in Section II.

C. EMPLOYEE HIRED AUTO

1. The following is added to Paragraph A.1.,
Who Is An Insured, of SECTION II - COV•
ERED AUTOS LIABILITY COVERAGE:

An "employee" of yours is an "insured" while
operating an "auto'' hired or rented under a
contract or agreement in an ''employee's''
name, with your permission, while performing
duties related to the conduct of your business.

2. The following replaces Paragraph b. in B.S.,
Other Insurance, of SECTION IV - BUSI•
NESS AUTO CONDITIONS:
b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own:
(1) Any covered "auto" you lease, hire,
rent or borrow; and
(2) Any covered "auto" hired or rented by
your "employee" under a contract in
an "employee's" name, with your
CAT35302 15 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc. with lts permission

COMMERCIAL AUTO
permlssion. while performing duties
related to the conduct of your business.

However. any ''auto" that is leased, hired.
rented or borrowed with a driver is not a
covered •·auto".

D. EMPLOYEES AS INSURED
The following is added to Paragraph A. 1 .. Who Is
An Insured. of SECTION II - COVERED AUTOS
LIABILITY COVERAGE:

Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs.

E. SUPPLEMENTARY PAYMENTS - INCREASED
LIMITS

1. The following replaces Paragraph A.2.a.(2),
of SECTION II - COVERED AUTOS LIABILITY COVERAGE:
(2) Up to $3,000 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish
these bonds.

2. The following replaces Paragraph A.2.a.(4).
of SECTION II - COVERED AUTOS LIABILITY COVERAGE:
(4) All reasonable expenses incurred by the
"insured" at our request, including actual
loss of earnings up to $500 a day because of time off from work.

F. HIRED AUTO - LIMITED WORLDWIDE COVERAGE - INDEMNITY BASIS The following replaces Subparagraph (5) in Paragraph B.7., Policy Period, Coverage Territory, of SECTION IV - BUSINESS AUTO CONDI•
TIONS:
(5) Anywhere in the world, except any country or
jurisdiction while any trade sanction. embargo, or similar regulation imposed by the United States of America applies to and prohibits the transaction of business with or within such country or jurisdiction, for Covered Autos Liability Coverage for any covered "auto" that you lease. hire, rent or borrow
without a driver for a period of 30 days or less
and that is not an "auto" you lease, hire, rent
or borrow from any of your "employees".
partners (if you are a partnership), members
(if you are a limited liability company) or
members of their households.
(a) With respect to any claim made or "suit"
brought outside the United States of
America. the territories and possessions
of the United States of America, Puerto
Rico and Canada:
(i) You must arrange to defend the "insured" against, and investigate or settle any such claim or "suit'' and keep us advised of all proceedings and actions .
(ii) Neither you nor any other involved
"Insured" will make any settlement
without our consent.
(iii) We may, at our discretion, participate
in defending the "insured" against. or
in the settlement of, any claim or
"suit".
(iv) We will reimburse the "insured" for
sums that the "insured" legally must
pay as damages because of "bodily
injury' or ''property damage" to which
this insurance applies, that the "insured" pays with our consent, but only up to the limit described in Paragraph C., Limits Of Insurance, of

SECTION II - COVERED AUTOS
LIABILITY COVERAGE.
(v) We will reimburse the ''insured" for
the reasonable expenses incurred
with our consent for your ,investigation of such claims and your defense of the ''insured" against any such
"suit". but only up to and included
within the limit described in Paragraph C., Limits Of Insurance. of

SECTION II - COVERED AUTOS
LIABILITY COVERAGE, and not in
addition to such limit. Our duty to
make such payments ends when we
have used up the applicable limit of
insurance in payments for damages,
settlements or defense expenses.
(b} This insurance is excess over any valid
and collectible other insurance available
to the "insured" whether primary, excess,
contingent or on any other basfs.
(c) This insurance is not a substitute for required or compulsory insurance in any country outside the United States, its territories and possessions, Puerto Rico and Canada.

Page 2 of 4 ends

Includes copyrighted material of Insurance Services Office, Inc. with its permission.

You agree to maintain all required or
compulsory insurance in any such coun•
try up to the minimum limits required by
local law. Your failure to comply with
compulsory insurance requirements will
not invalidate the coverage afforded by
this policy, but we will only be liable to the
same extent we would have been liable
had you complied with the compulsory in·
surance requirements.
(d) It is understood that we are not an admit·
ted or authorized insurer outside the
United States of America, its territories
and possessions, Puerto Rico and Canada. We assume no responsibility for the furnishing of certificates of insurance, or
for compliance in any way with the laws
of other countries relating to insurance.

G. WAIVER OF DEDUCTIBLE - GLASS
The following is added to Paragraph D., Deductible, 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 - INCREASED LIMIT
The following replaces the last sentence of Paragraph A.4.b., Loss Of Use Expenses. of SECTION Ill - PHYSICAL DAMAGE COVERAGE:

However, the most we will pay for any expenses
for loss of use is $65 per day, to a maximum of
$750 for any one "accident".

I. PHYSICAL DAMAGE - TRANSPORTATION

EXPENSES - INCREASED LIMIT
The following replaces the first sentence in Paragraph A.4.a., Transportation Expenses, of SECTION Ill - PHYSICAL DAMAGE COVERAGE:

We will pay up to $50 per day to a maximum of
$1,500 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type.

J. PERSONAL PROPERTY
The following is added to Paragraph A.4 .. Cover•
age Extensions, of SECTION Ill - PHYSICAL
DAMAGE COVERAGE:

Personal Property
We will pay up to $400 for ''loss" to wearing apparel and other personal property which is:
(1) Owned by an "insured"; and

COMMERCIAL AUTO
(2) In or on your covered "auto".

This coverage applies only in the event of a total
theft of your covered "auto".

No deductibles apply to this Personal Property
coverage.

K. AIRBAGS
The following is added to Paragraph B.3., Exclusions, of SECTION Ill - PHYSICAL DAMAGE COVERAGE:

Exclusion 3.a. does not apply to ''loss" to one or
more airbags in a covered "auto" you own that inflate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c.. bul
only:
a. If that "auto" is a covered "auto" for Comprehensive Coverage under this policy; b. The airbags are not covered under any warranty; and c. The airbags were not intentionally inflated.

We will pay up to a maximum of $1,000 for any
one "loss".

L. NOTICE AND KNOWLEDGE OF ACCIDENT OR
LOSS
The following is added to Paragraph A.2.a., of
SECTION IV - BUSINESS AUTO CONDITIONS:

Your duty to give us or our authorized representative prompt notice of the "accident" or "loss" applies only when the "acddent" or "loss" is known to:
(a) You (if you are an individual);
(b) A partner (if you are a partnership);
(c) A member (if you are a limited liability com•
pany);
(d) An executive officer, director or insurance
manager (if you are a corporation or other organization); or (e) Any "employee" authorized by you to give notice of the ''accident" or "Joss".

M. BLANKET WAIVER OF SUBROGATION
The following replaces Paragraph A.5., Transfer
Of Rights Of Recovery Against Others To Us.
of SECTION IV - BUSINESS AUTO CONDI•
TIONS :

5. Transfer Of Rights Of Recovery Against
others To Us
We waive any right of recovery we may have
against any person or organization to the extent required of you by a written contract signed and executed prior to any "accident"
or "loss'', provided that the "accident" or "loss"
arises out of operations contemplated by
CA T3 53 021S © 2015 The Travelers Indemnity Company. All rights reserved. Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc. wilh its permission.

COMMERCIAL AUTO
such contract The waiver applies only to the
person or organization designated in such
contract.

N. UNINTENTIONAL ERRORS OR OMISSIONS
The following is added to Paragraph B.2., Concealment, Misrepresentation, Or Fraud. of SECTION IV - BUSINESS AUTO CONDITIONS:

The unintentional omIss1on of, or unintentional
error in, any information given by you shall not
prejudice your rights under this insurance. However this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal.

Page 4 of 4 ends

Includes copyrighted material of Insurance Services Office, Inc. with its permission.

Policy#; BA0S579947 COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULL V.

BLANKET ADDITIONAL INSURED - PRIMARY AND

NON-CONTRIBUTORY WITH OTHER INSURANCE
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM

PROVISIONS

1. The following is added to Paragraph A.1.c., Who
Is An Insured, of SECTION II - COVERED
AUTOS LIABILITY COVERAGE:

This includes any person or organization who you
are required under a written contract or
agreement between you and that person or
organization, that is signed by you before the
"bodily injury" or "property damage" occurs and
that is in effect during the policy period, to name
as an additional insured for Covered Autos
Liability Coverage, but only for damages to which
this insurance applies and only to the extent of
that person's or organization's liability for the
conduct of another ''insured".

2. The following is added to Paragraph B.5., Other
Insurance of SECTION IV - BUSINESS AUTO
CONDITIONS:

Regardless of the provisions of paragraph a. and
paragraph d. of this part 5. Other Insurance, this
insurance is primary to and non-contributory with
applicable other insurance under which an
additional insured persori or organization is the
first named insured when the written contract or
agreement between you and that person or
organization, that is s1gned by you before the
''bodily injury" or "property damage" occurs and
that is in effect during the policy period, requires
this insurance to be primary and non-contributory.

CA T4 74 02 16 © 2016 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with !ls permission. ~ TRAVELERSJ WORKERS COMPENSATION
AND

EMPLOYERS LIABILITY POLICY
ENDORSEMENT WC 99 03 76 ( A) -
POLICY NUMBER: UB2L553909

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS

ENDORSEMENT - CALIFORNIA
(BLANKET WAIVER)
We have tM right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our-right against the person or organization named in the Schedule.

The additional premium for this endorsement shall be
rnium.
% of the California workers' compensation preSchedule
Person or Organization Job Description
Any Person or organization for which the insured has agreed by written contract executed prior to loss to furnish this waiver.

This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
(The information below is required only when this endorsement is issued subsequent to preparation of the policy.) 6 "\.., -
-1nsurance Com,pany ..Qountersigned by ______________ _ The Travelers Indemnity Company
DATE OF ISSUE: 8/7/2023 Page 1 of 1
THIRD AMENDMENT JO AGREEMENT 402 BETWEEN
THE CITY OF CUPERTINO AND MIG, INC .. FOR

LAWRENCE-MITTY PARK AND TRAIL

IMPLEMENTATION PLAN
This Third Amendment to Agreement 402 between the City of Cupertino and MIG, Inc. is by and between the City of Cupertino, a municipal corporation (hereinafter "City") and MIG, [nc., a Corporation ("Contractor") whose address is 2055 Junction Ave., Suite 205, San Jose, CA 95131, and is made with reference to the following:

RECITALS:

A. On December 09, 2021 Agreement 402 ("Agreement") was entered into by and between City and Contractor for Lawrence-Mitty Park and Trail Implementation Plan.

B. City and Contractor desire to modify the Agreement on the tenns and conditions set forth herein.

NOW, THEREFORE, it is mutually agreed by and betv,een the undersigned parties as follows:

I. Paragraph 4.1 Maximum Compensation of the Agreement is modified to read as follows:

City will pay Consultant for satisfactory perf01mance of the Service a total amount that will be based upon actual costs but that will be capped so as not to exceed $341 ,819.00 ("Contract Price"), en-oneously stated in first amendment as a not to exceed $343,784.00, based on the budget and rates set forth in Exhibit C, Compensation, and attached and incorporated here. The Contract Price includes all expenses and reimbursements and will remain in place even if Consultant's actual costs exceed the capped amount. No extra work or payment is permitted in excess of the Contract Price. Exhibits A, A-1, and A-2 of the Agreement are modified to include Exhibit A-3 Additional Services, attached hereto.

2. Paragraph 4.3 Additional Services of the Agreement is modified to read as follows: City has the discretion, but not the obligation, to authorized Additional Services up to an amount not to exceed $48,035.00. Additional Services provided to City's reasonable satisfaction will be compensated on a lump sum basis or based on time and expenses, in accordance with the Hourly Rates and Reimbursable Expenses Schedules included in Exhibit C. If paid on an hourly basis, Consultant will be compensated for actual costs only of normal business expenses and overhead, with no markup or surcharge. ('(Reimbursable Expenses"). Consultant will not be entitled to reimbursement for copying, printing, faxes, telephone charges, employee overtime, or travel to City offices or to the Project site. Exhibit A, A-1 and A-2 of the Agreement are modified to include Exhibit A-3, Additional Services, attached hereto.

3. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect.

SIGNATURES CONTINUE ON THE FOLLOWING PAGE
1 fN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed.

CITY OF CUPERTINO MIG, INC.

BY /Ja;,,u,b Wu
Title City Manager
Date Oct 13, 2022
Title Vice President/Chief Development Officer
Date Oct 13, 2022

APPROVED AS TO FORM
City Attorney
ATTEST:

City Clerk
Date Oct 13, 2022

EXPENDITURE DISTRIBUTION
Item
Original Agreement
Amendment # I
Amendment #2
Amendment #3
Total Agreement
PO Number
2022-325
j Change in Scope, Change in Contract Amount
I Change in Scope
I Change in Scope, Change in Contract Amount
2 I
Amount
$293,784.otj
$2s soo.001
$19,535.ool
$341,819.0
September 21, 2022
Matt Morley, Director of Public Works
Susan Michael, CIP Manager, Public Works
City of Cupertino - City Hall
10300 Torre Ave.

Cupertino, CA 95014
Exhibit A-3
Re: Additional Services Lawrence-Mitty Park and Trail Master Plan (MIG proj. no. 30903) Dear Matt and Susan,
As discussed with the Cupertino project manager, Lisa Cameli, and in meetings with you both, there have been several work efforts required for the Lawrence Mitty project that fall outside the original scope of work. The first three items were time-sensitive with verbal approval from the project manager to track time for these efforts and submit them together at one time as an add service. The last two items are also time-sensitive to stay on track with the upcoming events.

The following summarizes our request for addrtional work and fees that are above and beyond the original contract, signed Dec. 9, 2021 . All other terms in the original contract remain in effect.

Add Services #2 (New Task 7) ............................................................................. $19,535 We will add a new task number for this additional scope, detailed below:

1. Added translation work for the visioning survey in May-June 2022 (12 hours, $1,835)

2. Additional Meetings. and Additional Requested Staff in AprilJune 2022, requested by the City PM:
• ERC email correspondence and meeting on 4/20/22,
(2 staff@ 2 hr. ea., $720)
• Site Tour - Extra Biology staff requested to be stationed at Creek (6 hr. - debrief, travel, attendance, $900)
• Environmental Planner/CEOA-Soils expert at Joint
Commission Meeting on 6/13/22 (2 hr., $390)

3. Fast-tracked Separate Berm Removal Effort in June-Sept. 2022:
review of berm work proposal by others, correspondence, several City meetings, and proposed process write-up to move forward (Principal, PM, Environmental Planner, Biologist, 22 hr., $4,110)
P LANNINGIDESIGN j COMMUNICAT I ONS jMA NAGEMENT j SCIENCE j TECHNOLO Gy Add Services Lawrence-Mitty
September 21 , 2022

Page 2 of 2 ends

4. Out of scope Community Engagement additions, as discussed, in Sept-Oct 2022 (40 hr., $5,200):
• Video posting for Engage Cupertino to e.xplain the 3
alternatives
• Coordinate survey #2 questions for Engage Cupertino's posting
• Synthesis of survey #2 results

5. Out of scope preparation for CD level mappihg and
lnteragency Review. The original AL TA survey was adequate for concept level work. It was discussed early on that a more complete topo suNey would be needed in the CD phase -to capture the (moved) soil pile locations/volumes, to reach CDlevel accuracy and to be able to share a georeferenced riparian corridor with the agencies (Multiple staff, 24 hr., $6,380). • Coordination/review of upcoming survey request (led
by the City of Cupertino) for current soil piles/berms for use in lnteragency meeting
• Planned environmental team work in Jan. 2023 to
review plans, coordinate, and prepare for/attend an
lnteragency review meeting in Feb. 2023
Please feel free to contact us with any questions or additional information needed.

Sincerely,
2::911 ?JQ
Principal, MIG
Please sign below to indicate your agreement to the terms outlined in this letter as a revision to the original contract and budget.

Matt Morley, Director of Publ ic Works
City of Cupertino
Date
ACORD0 CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDIYYYY) ~ 8/2812022
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATM:LY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s), PRODUCER ~~?:CT The Certificate Team
AssuredPartners Design Professionals Insurance Services, LLC rA~~N.t .,. .... IFAX 3697 Mt. Dtablo Blvd Suite 230 IA/C Nol:

Lafayette CA 94549 !~~~ss, [email protected] INSURER!Sl AFFORDING COVERAGE NAlC#
I ,rM~fi.j/. !\QQ374'i INSURER A: Berkley Insurance Comoanv 32603 INSURED MIGINC0-01 INSURER e : Travelers Propertv Casualtv Company of America 25674 MIG, Inc. INSURER c : The Travelers lndemnitv Comoanv of Connecticut 25682 Moore lacofano Goltsman, Inc. 800 Hearst Ave INSURERO:

Berkeley CA 94710 INSURER E:

INSURERF :

COVERAGES CERTIFICATE NUMBER: 724616870 REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

INSR AODL SUBR . :~)-Ji~Vv, 1~~~6%~, LIMITS LTR TYPE OF INSURANCE 11,~n l wvn POLICY NUMBER ~ X COMMERCIAL GENERAL LIABILITY y y 6801 H899998 8/31/2022 8/31/2023 EACH OCCURRENCE S 1,000,000 ~ CLAIMS-MADE 0 OCCUR Uf\MA...,c~ ~Enc.n cu $1,000,000 - PREMISES Ea occurrence\ X Con1ract~al Lieb MED EXP {Any one per!!onj S 10,000 - Included PERSONAL & ADV INJURY $1 ,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 ~ [K] PRO- POU CY JECT O Loc PRODUCTS - COMP/OP AGG $2,000,000 OTHER: $
C AUTOMOBILE LIABILITY y y BAOS579947 8/31/2022 813112023 ( C10MBINED SINGLE LIMIT Ea aooaenn $1 ,000,000 -
X ANY AUTO BODILY 1NJURY (Per pen;oo) $
- - OWNED SCHEDULED BOOIL y INJUFW (Per accident) $
- AUTOS ONLY - AUTOS

X HIRED X NON-OWNED I
P1ROPE~re::t\DAMAGE $ AUTDSONLY AUlOSONLY Per ace, enl - - $
B X UMBRELLA LIAB MOCCUR " y CUPOH758762 8/31/2022 8131/2023 EACH OCCURRENCE $10,000,000 - EXCESS LIAS Cl.AIMS-MADE AGGREGATE $10,000,000 OED I X I RETENTION$ 11 $
B WORKERS COMPENSATION y UB2L553909 8/31/2022 813.1/2023 X I ~r:rure I IOTH• ER AN.D EMPLOYERS' LIABILITY YIN ANYPROPRIETORIPARTNERIEXEClJTfVE □ N/A E.L EACH ACCIDENT $1 ,000,000
OFFICER/MEMBER EXCLUDED?
(Mandatory In 'NH) E..L. DISEASE - EA EMPLOYEE $1 ,000,000 ~~Me~rJ~ :!i"toPERATIONS ~ow EL DISEASE • POLICY LIMIT S 1,000,000 A P/ofesslonal L1at,11ily N y AEC905795904 8/31/2022 8131/2023 Per Claim $5,000,000 Aggr<aga1e llmil $5,000,000
DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (ACORD 101, AddlUonal Remarks Schedule, may b• attached If more space Is required) Umbrella Liability policy is a follow-form underlying General Liability/Auto Liability/Employers Liability.

Re: Lawreoce Mitty Park a.nd Trail Master Plan The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are named as an additional insured as respects general liability and auto liability as required per written contract or agreement. General Liability is Primary/Non-Contributory per policy form wording. Insurance coverage includes waiver of subrogation per the attached endorsement(s).

CERTIFICATE HOLDER
City of Cupertino
10300 Torre Avenue
Cupertino CA 95014
ACORD 25 {2016103)
CANCELLATION ~O Da s Notice of Cancellation

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DA.TE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
© 1988-2015 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered ,narks of ACORD
Policy Number: BA0S579947

COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BUSINESS AUTO EXTENSION ENDORSEMENT
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM
GENERAL DESCRIPTION OF COVERAGE - This endorsement brocidens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part. and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered.

A. BROAD FORM NAMED INSURED
B. BLANKET ADDITIONAL INSURED
C. EMPLOYEE HIRED AUTO
D. EMPLOYEES AS INSURED
E. SUPPLEMENTARY PAYMENTS - INCREASED
LIMITS
F. HIRED AUTO - LIMITED WORLDWIDE COVERAGE - INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE - GLASS

PROVISIONS
A. BROAD FORM NAMED INSURED
The following is added to Paragraph A. 1 ., Who Is
An Insured, of SECTION II - COVERED AUTOS
LIABILITY COVERAGE:

Any organization you newly acquire or form during the policy period over which you maintain 50% or more ownership interest and that is not
separately insured for Business Auto Coverage.

Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier_

8. BLANKET ADDITIONAL INSURED
The following is added to Paragraph c. in A.1.,
Who Is An Insured, of SECTION II - COVERED
AUTOS LIABILITY COVERAGE:

Any person or organization who is required under
a written contract or agreement between you and
that person or organization, that is signed and
executed by you before the "bodily injury" or
"property damage" occurs and that is in effect
during the policy period, to be named as an additional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which
H. HIRED AUTO PHYSICAL DAMAGE - LOSS OF

USE - INCREASED LIMIT
I. PHYSICAL DAMAGE - TRANSPORTATION

EXPENSES - INCREASED LIMIT
J. PERSONAL PROPERTY
K. AIRBAGS
L. NOTICE AND KNOWLEDGE OF ACCIDENT OR
LOSS
M. BLANKET WAIVER OF SUBROGATION
N. UNINTENTIONAL ERRORS OR OMISSIONS
this insurance applies and only to the extent that
person or organization qualifies as an "insured"
under the Who Is An Insured provision contained
in Section II.

C. EMPLOYEE HIRED AUTO

1. The following is added to Paragraph A.1.,
Who Is An Insured. of SECTION II - COVERED AUTOS LIABILITY COVERAGE:

An "employee" of yours is an "insured" while
operating an "auto" hired or rented under a
contract or agreement in an "employee's"
name, with your permission, while performing
duties related to the conduct of your business.

2. The following replaces Paragraph b. in B.S ..

Other Insurance, of SECTION IV - BUSI·
NESS AUTO CONDITIONS:
b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own:
(1) Any covered "auto'' you lease, hire.
rent or borrow: and
(2) Any covered ''auto" hired or rented by
your "employee" under a contract in
an "employee's" name, with your
CA T3 53 021S © 2015 The Travelers Indemnity Company _ All rights reserved_ Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc_ with its permission-

COMMERCIAL AUTO
perm1ss1on. while performing duties
related to the conduct of your business,
However. any "auto" that is leased, hired,
rented or borrowed with a driver ls not a
covered "auto".

D. EMPLOYEES AS INSURED
The following is added to Paragraph A.1 .. Who Is
An Insured, of SECTION II - COVERED AUTOS
LIABILITY COVERAGE:

Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your personal affaits.

E. SUPPLEMENTARY PAYMENTS - INCREASED
LIMITS

1. The following replaces Paragraph A.2.a.(2),
of SECTION II - COVERED AUTOS LIABILITY COVERAGE:
(2) Up to $3,000 for cost of bail bonds (induding bonds for related traffic law violations) requfred because of an "accident" we cover. We do not have to furnish
these bonds.

F. HIRED AUTO - LIMITED WORLDWIDE COVERAGE - INDEMNITY BASIS The following replaces Subparagraph (5) in Paragraph 8.7., Policy Period, Coverage Territory, of SECTION IV - BUSINESS AUTO CONDITIONS:
(5) Anywhere in the world. except any country or
jurisdiction while any trade sanction, embargo, or similar regulation imposed by the United States of America applies to and prohibits the transaction of business with or within such country or jurisdiction. for Covered Autos Liability Coverage for any covered "auto" that you lease, hire. rent or borrow
without a driver for a period of 30 days or less
and that is not an "auto" you lease, hire, rent
or borrow from any of your "employees",
partners (if you are a partnership), members
(if you are a limited liability company) or
members of their households.
(a) With respect to any claim made or "suit"
brought outside the United States of
America, the territories and possessions
of the United States of Amedca. Puerto
Rico and Canada:
(i) You must arrange to defend the "in·
sured" against. and investigate or settle any such claim or "suit" and keep us advised of all proceedings and actions.
(ii) Neither you nor any other involved
"insured" will make any settlement
without our consent.
(iii) We may, at our discretion, participate
in defending the "insured" against, or
in the settlement of. any claim or
''suit".
(iv) We will reimburse the "insured" for
sums that the "insured" legally must
pay as damages because of "bodily
injury" or "property damage" to which
this insurance applies, that the "insured" pays with our consent. but only up to the limit described in Paragraph C.. Limits Of Insurance. of

SECTION II - COVERED AUTOS
LIABILITY COVERAGE.
(v) We will reimburse the "insuted" for
the reasonable expenses incurred
with our consent for your investigation of such claims and your defense of the "insured" against any such
"suit". but only up to and included
within the limit described in Paragraph C.. Limits Of Insurance, of

SECTION II - COVERED AUTOS
LIABILITY COVERAGE, and not in
addition to such limit. Our duty to
make such payments ends when we
have used up the applicable limit of
insurance in payments for damages,
settlements or defense expenses.
(b) This insurance is excess over any valid
and collectible other insurance available
to the "insured" whether primary, excess,
contingent or on any other basis.
(c) This insurance is not a substitute for required or compulsory insurance in any country outside the United States, its territories and possessions, Puerto Rico and Canada.

Page 2 of 4 ends

Includes copyrighted material of Insurance Services Office. Inc. with Its permission.

You agree to maintain all required or
compulsory insurance in any such country up to the minimum limits required by local law. Your failure to comply with
compulsory insurance requirements will
not invalidate the coverage afforded by
this policy, but we will only be liable to the
same extent we would have been liable
had you complied with the compulsory insurance requirements. (d) It is understood that we are not an admitted or authorized insurer outside the United States of America. its territories
and possessions. Puerto Rico and Canada. We assume no responsibility for the furnishing of certificates of insurance, or
for compliance in any way with the laws
of other countries relating to insurance.

G. WAIVER OF DEDUCTIBLE - GLASS
The following is added to Paragraph D. , Deductible, 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 - INCREASED LIMIT
The following replaces the last sentence of Paragraph A.4.b., Loss Of Use Expenses, of SECTION Ill - PHYSICAL DAMAGE COVERAGE:

However, the most we will pay for any expenses
for loss of use is $65 per day, to a maximum of
$750 for any one "accident".

I. PHYSICAL DAMAGE - TRANSPORTATION

EXPENSES - INCREASED LIMIT
The following replaces the first sentence in Paragraph A.4.a., Transportation Expenses, of SECTION Ill - PHYSICAL DAMAGE COVERAGE:

We will pay up to $50 per day to a maximum of
$1,500 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type.

J. PERSONAL PROPERTY
The following is added to Paragraph A.4. , Coverage Extensions, of SECTION Ill - PHYSICAL DAMAGE COVERAGE:

Personal Property
We will pay up to $400 for "loss" to wearing apparel and other personal property which is:
(1) Owned by a.!!_'.'insured": and

COMMERCIAL AUTO
(2) In or on your covered ''auto".

This coverage applies only in the event of a total
theft of your covered "auto".

No deductibles apply to this Personal Property
coverage.

K. AIRBAGS
The following is added to Paragraph B.3., Exclu•
sions. of SECTION Ill - PHYSICAL DAMAGE
COVERAGE:

Exclusion 3.a. does not apply to "loss" to one or
more airbags in a covered "auto" you own that inflate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but
only:
a. If that "auto" is a covered "auto" for Comprehensive Coverage under this policy; b. The airbags are not covered under any warranty; and c. The airbags were not intentionally inflated.

We will pay up to a maximum of $1,000 for any
one "loss".

L. NOTICE AND KNOWLEDGE OF ACCIDENT OR
LOSS
The following is added to Paragraph A.2.a., of
SECTION IV - BUSINESS AUTO CONDITIONS:

Your duty to give us or our authorized representative prompt notice of the "accident" or "loss" applies only when 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 liability company); (d) An executive officer, director or insurance
manager (if you are a corporation or other organization); or (e) Any "employee" authorized by you to give notice of the "accident" or ''loss''.

M. BLANKET WAIVER OF SUBROGATION
The following replaces Paragraph A.5 .. Transfer
Of Rights Of Recovery Against Others To Us,
of SECTION IV - BUSINESS AUTO CONDI•
TIONS :

S. Transfer Of Rights Of Recovery Against
Others To Us
We waive any right of recovery we may have
against any person or organization to the extent required of you by a written contract signed and executed prior to any "accident"
or "loss", provided that the "accident" or "loss"
arises out of operations contemplated by
CA T3 53 021S © 2015 The Travelers Indemnity Company. All rights reserved. Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc. wfth Its perrnisslon.

COMMERCIAL AUTO
such contract. The waiver applies only to the
person or organization designated in such
contract.

N. UNINTENTIONAL ERRORS OR OMISSIONS
The following is added to Paragraph 8 .2., Concealment, Misrepresentation, Or Fraud, of SECTION IV - BUSINESS AUTO CONDITIONS:

The unintentional om1ss1on of, or unintentional
error in, any information given by you shall nol
prejudice your rights under this insurance. However this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal.

Page 4 of 4 ends

Includes copyrt9hted material of Insurance Services Office, Inc. with its permission_

COMMERCIAL GENERAL LIABILITY
POLICY NUMBER: 6801 H899998
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the fol lowing:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s) Or Organization(s):

Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part for "bodily injury" or "property damage" included in the "productscompleted operations hazard", provided that such contract was signed and executed by you before, and is in effect when, the bodily injury or property damage occurs.

Location And Oescription Of Completed Operations
Any project to which an applicable contract described in the Name of Additional Insured Person(s) or Orgcmization(s) section of this Schedule applies.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedul.e of
this endorsement performed for that additional insured and included in the "products-completed operations hazard".

CG 20 37 07 04
CG TS 02 XX.XX
© ISO Properties, Inc .. 2004 Page 1 of 1
n/1.TC l"\C IC:::C:::I IJ::· 08/31/2022

COMMERCIAL GENERAL LIABILITY
POLICY NUMBER 6801H89999B
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - SCHEDULED PERSON OR

ORGANIZATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Names of Additional Insured Person(s) or Organization(s):

Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part, provided that such written contract was signed by you before, and is in effect when, the "bodily injury" or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed.

Location of Covered Operations:

Any project to which a written contract with the Additional Insured Person(s) or Organization(s) in the Schedule applies.
(Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage", "personal injury" or "advertising injury"
caused, in whole or in part, by:

1. Your acts or omissions; or

2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s) designated above.

B. With respect to the insurance afforded to these
additional insureds, the following additional exclu~
sions apply:

This insurance does not apply to "bodily injury" or
"property damage" occurring, or "personal injury''
or "advertising injury" arising out of an offense
committed, after:

1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, mainte~
nance or repairs) to be performed by or on
behalf of the additional insured(s) at the location of the covered operations has been completed; or

CG D3 61 03 05 Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved. Page 1 of 1 CG TS 01 .xx .xx Includes copyrighted material of Insurance Services Office, Inc. with its permission.

DATE OF ISSUE: 08/3112022
Policy # 6801 H899998

COMMERCIAL GENERAL LIABILITY
c. Method Of Sharing
If all of the other insurance pennits contribution
by equal shares, we will follow this method also.

Under this approach each insurer contributes
equal amounts until it has paid its applicable
limit of insurance or none of the loss remains,
whichever comes first.

If any of the other insurance does not permit
contribution by equal shares, we will contribute
by limits. Under this method, each insurer's
share Is based on the ratio of its applicable limit
of insurance to the total applicable limits of
insurance of all insurers.
d. Primary And Non-Contributory Insurance Jf
Required By Written Contract
If you specifically agree in a written contract or
agreement that the insurance afforded to an
insured under this Coverage Part must apply on
a primary basis, or a primary and noncontributory basis, this insurance is primary to other insurance that is available to such fnsured
which covers such insured as a named insured,
and we will not share with that other insurance,
provided that
(1) The "bodily injury'' or "property damage" for
which coverage is sought occurs; and
(2) The ''personal and advertising injury" for
which coverage is sought fs caused by an
offense that is committed;
subsequent to the signing of that contract or
agreement by you.

5. Premium Audit
a. We will compute all premiums for this Coverage
Part in accordance with our rules and rates.
b. Premium shown in this Co\€rage Part as
advance premium is a deposit premium only. At
the close of each audit period we will compute
the earned premium for that period and send
notice to the first Named Insured. The due date
for audit and retrospective premiums is the date
shown as the due date on the bill. If the sum of
the advance and audit premiums paid for the
policy period is greater than the earned
premium, we will return the excess to the first
Named Insured.
c. The first Named Insured must keep records of
the information we need for premtum
computation, and send us copies at such times
as we may request.

6. Representations
By accepting this policy, you agree:
a. The statements in the Declarations are
accurate and complete;
b. Those statements are based upon
representations you made to us: and
c. We haw issued this policy in reliance upon
your representations.

The unintentional omission of, or unintentional en-or
in. any information provided by you which we relied
upon in issuing this policy will not prejudice your
rights under this insurance. However, this provision
does not affect our right to collect additional
premium or to exercise our rights of cancellation or
nonrenewal in accordance with applicable insurance
law o r

7. Separation Of Insureds
Except with respect to the Limits of Insurance, and
any rights or duties specifically assigned in this
Coverage Part to the first Named Insured, this
Insurance applies:
a. As if each Named Insured were the only
Named Insured; and
b. Separately to each insured against whom claim
is made or "suit" is brought.

8. Transfer Of Rights Of Recovery Against Others
To Us
If the insured has rights to recover all or part of any payment we have made under this Coverage Part,
those rights are transferred to us. The insured must
-do nothing after loss to impair them. At our request,
the insured will bring "suit'' or transfer those rights to us and help us enforce them.

9. When We Do Not Renew
lf we decide not to renew this Cowrage Part. we will
mail or deliver to the first Named Insured shown in
the Declarations written notice of the nonrenewal
not less than 30 days before the expiration date,
If notice is mailed, proof of mailing will be sufficient proof of notice.

SECTION V- DEFINITIONS

1. "Advertisement" means a notice thaf. is broadcast or published to the general public or specific market
segments about your goods, products or services
for the purpose of attracting customers or
supporters. For the purposes of this definition:
a. Notices that are published include matetial
placed on the Internet or on similar electronic
means of communication; and
b. Regarding websites, only that part of a website
that is abOut your goods, products or services
for the purposes of attracting customers or
supporters is considered an advertisement.

Page 16 of 21 ends

lnoludes copyrighted material of Insurance Services Office , Inc with its permission Policy # 6801 H899998
occupational therapist or occupational
therapy assistant, physical the,apist or
speech~language pathologist: or
(b) First aid or "Good Samaritan services"
by any of your "employees" or "volunteer
workers", other than an employed or
volunteer doctor. Any such "employees"
or "volunteer workers" providing or failing
to provide first aid or "Good Samaritan
services" during their work. hours for you
will be deemed to be acting within the
scope of their employment by you or
performing duties related to the conduct
of your business.

3. The following replaces the last sentence of
Paragraph 5. of SECTION Ill - LIMITS OF
INSURANCE:

For lhe purposes of determining the
applicable Each Occurrence Limit, all related
acts or omissions committed in providing or
failing to provide "incidental medical
services", first aid or "Good Samaritan
services" to any one person will be deemed
to be one ''occurrence".

4. The following exclusion is added to
Paragraph 2., Exclusions, of SECTION I -

COVERAGES - COVERAGE A - BODILY

INJURY AND PROPERTY DAMAGE
LIABILITY:

Sale Of Pharmaceuticals
"Bodily injury" or "property damage" arising
out of the violation of a penal statute or
ordinance relating to the sale of
pharmaceuticals committed by, or with the
knowledge or consent of the insured.

5. The following is added to the DEFINITIONS
Section:
"Incidental medical services" means:
a. Medical, surgical, dental, laboratory, xray or nursing service or treatment, advice or instruction, or the related
furnishing of food or beverages; or
b. The furnishing or dispensing of drugs or
medical, dental, or surgical supplies or
appliances.

6. The following is added to Paragraph 4.b.,
Excess Insurance, of SECTION IV -

COMMERCIAL GENERAL LIABILITY
CONDITIONS:

This insurance is excess over any valid and
collectible other insurance, whether primary,
excess, contingent or on any other basis,

K. MEDICAL PAYMENTS - INCREASED LIMIT
The following replaces Paragraph 7. of
SECTION 111- LIMITS OF INSURANCE:

CONDITION - PROFESSIONAL LIABILITY
The following is added to Paragraph 4.b.,
Excess Insurance, of SECTION IV -

COMMERCIAL GENERAL LIABILITY
CONDITIONS:

M. BLANKET WAIVER OF SUBROGATION -

WHEN REQUIRED BY WRITTEN CONTRACT

OR AGREEMENT
The following is added to Paragraph 8., Transfer
Of Rights Of Recovery Against Others To Us,
of SECTION IV - COMMERCIAL GENERAL
LIABILITY CONDITIONS:

If the insured has agreed in a written contract or
agreement to waive that insured's right of
recovery against any person or organization, we
waive our right of recovery against such persol'l
or organization, but only for payments we make
because of:
a. "Bodily injury" or "property damage" that
occurs; or
b. "Personal and advertising injury" caused by
an offense that is committed;
subsequent to the signing of that contract or
agreement.

Policy#: BA0S57994 COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BLANKET ADDITIONAL INSURED - PRIMARY AND

NON-CONTRIBUTORY WITH OTHER INSURANCE
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM

PROVISIONS

1. The following is added to Paragraph A.1.c .. Who
Is An Insured. of SECTION II - COVERED
AUTOS LIABILITY COVERAGE:

This includes any person or organization who you
are required under a written contract or
agreement between you and that person or
organization, that is signed by you before the
"bodily injury" or "property damage" occurs and
that is in effect during the policy period, to name
as an additional insured for Covered Autos
Liability Coverage. but only for damages to which
this insurance applies and only to the extent of
that person's or organization's liability for the
conduct of another "insured".

2. The following is added to Paragraph 8.5., Other
Insurance of SECTION IV - BUSINESS AUTO
CONDITIONS:

Regardless of the provisions of paragraph a. and
paragraph d. of this part 5. Other Insurance, this
insurance is primary to and non-contributory with
applicable other insurance under which an
additional insured person or organization is the
first named insured when the written contract or
agreement between you and that person or
organization, that is signed by you before the
"bodily injury" or "property damage'' occurs and
that is in effect during the policy period. requires
this insurance to be primary and non-contributory.

CA T4 740216 © 2.()1 ;rhe lfiwelerfi lndemniiy CQmpany .All rigbt.s<r-011erved. Page. l of J Includes oopyriahted material of Insurance Services Office. Inc_ wilh its permission_ ~ TRAVELERSJ WORKERS COMPENSATION
AND

EMPLOYERS LIABILITY POLICY
ENDORSEMENT WC 99 03 76 ( A)-
POLICY NUMBER: UB2L553909

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS

ENDORSEMENT - CALIFORNIA
(BLANKET WAIVER)
We have the right m recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule.

The additional premium for this endorsement shall be % of the California workers' compensation premium.

Schedule
Person or Organization Job Description
Any Person or organization for which the insured has agreed by written contract executed prior to loss to furnish this waiver.

FOR COMPLETION OF THE LAWRENCE-MITTY

PARK AND TRAIL MASTER PLAN
This Second Amendment to Agreement 402 between the City of Cupertino and MIG, Inc., is by and between the City of Cupertino, a municipal corporation (hereinafter "City") and MIG, Inc., a Corporation ("Contractor") whose address is 2055 Junction Ave. Suite 205, San Jose, CA 95131 and is made with reference to the following;
RECITALS:

A. On May 17, 2022, City Council took action to rename this project-from ''Lav.rrenceMitty Park and Trail Master Plan ' to 'Lawrence-Mitty Park and Trail Implementation Plan.·

8. On December 09 202 l Agreement 402 ('·Agreement") was entered into by and between City and Contractor for Completion of the Lawrence-Mitty Park and Trail Master Plan.

C. City and the Contractor entered into a First Amendment for Lawrence-Mitty Master Plan effective Febrnary 28, 2022 with the tenn expiring on December 31 2023 ; and D. City and Contractor desire to modify the Agreement on the tenns and conditions set forth herein.

NOW, THEREFORE it is mutually agreed by and between and undersigned parties as follows:

1. Paragraph 1 - PARTIES of the Agreement is modified to read as follows: This Agreement is made by and between the City of Cupertino, a municipal corporation ('"City"), and MIG, Inc ("Consultant"), a Corporation for Design Services of the Lawrence-Mitty Park and Trail Implementation Plan ( 'Project"), and is effective on the last date signed below ( 'Effective Date'}

2. Replace Exhibit A of the Agreement with Exhibit A-2, Scope of \-Vork, attached hereto.

3. Exhibit A-1 remains in effect and is not changed by this contract amendment.

4. Except as expressly modified herein all other tenns and covenants set forth in the Agreement shall remain the same and sba1l be in full force and effect.

SIGNATURES CO TINUE ON THE FOLLOWING PAGE
1 fN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed.

CITY OF CUPERTINO
By~
Title Acting City Manager
Date Aug 23, 2022

APPROVED AS TO FORM
ChristophtJr D, .Tens(}n
City Attorney
ATTEST:

City Clerk
Date Aug 25, 2022
l
MIG, INC.

By Cu¢.,}~
Title Chief Development Officer
Date Aug 18, 2022
Exhibit A-2
Lawrence Mitty Park and Trail Implementation Plan, Cupertino, CA Scope of Work
November 17, 2021
MIG bas prepared the following Scope of Work to illustrate how we will facilitate successful completion of the Lawrence Mitty Park and Trail Implementation Plan project. This scope captures and clarifies assumptions of the tasks incorporated in the attached Fee Proposal spreadsheet. The details are based on our understanding of the project requirements stated in the City of Cupertino's ("the City") Lawrence Mitty Park and Trail Master Plan RFQ, dated August 12, 2021, and Addenda (now known as the Lawrence Mitty Park and Trail Implementation Plan). Jn the tasks listed below, meetings are expected to be virtual except when noted otherwise. Meeting notes allow for one set of revisions to incorporate City input per meeting notes.

Project Understanding
The City wishes to develop a Park and Trail Implementation Plan for the Lawrence-Mitty site ("Implementation Plan"), located on the east side of Cupertino between the Lawrence Expressway and Saratoga Creek, as shown in the RFQ. The purpose of the Implementation Plan is to determine how to best meet the future recreation, trail, and open space needs of citizens through enhancement of the site. Additionally, there is the intent to connect the Saratoga Creek Trail through the Lawrence-Mitty site to San Jose and Santa Clarita to the North. The Implementation Plan process will initially result in a conceptual design for a premier par with recreation activities that will attract and accommodate all J;'esidents. The City envisions a destination that provides all ages, but especially children, with a memorable experience of outdoor play, exercise, and educational opportunities while providing much-needed open space to the east side of Cupertino, which is underserved in terms of park space and recreational opportunity. The resulting Implementation Plan will also provide an exciting and inviting space for all age groups through an extension of the Saratoga Creek walking and biking trail.

The comprehensive Implementation Plan will provide technical analysis of the site as described below, identify community values and needs, align with the City's 2020 Parks and Recreation System Master Plan and result in a ready-to-implement vision for the Lawrence Mitty Park site.

The City Council-approved conceptual design and report will be used to guide future recreational and programmatic decisions and capital improvement planning for the site.

PHASE 1- EXISTING CONDITIONS AND TECHNICAL ANALYSIS

1.1 Project Kick-Off Meeting and Work Plan
The project kick-off meeting will include City staff, MIG's Project Manager (PM), and key personnel within each designated specialty to discuss design objectives, issues, and a draft work Pi,..AN NI N G I D ESI GN I C OMM UNICAT IO N S I MANAG E MENT j S C IENCE 1 TE C HNO L OG • Ber ,,-1-,, :'\ ·+' ,, • <:_ • - C ~~., 7-.,,7 • r:11 ~ mt ,_11 ··e , ,111 o ntcl • CohJrijQ.:, • Or<"Q<lfl • 1« a • \f\111•ldr,gtu11 MIG, Inc
plan. Following the kick-off, MIG will develop a detailed work plan with roles, responsibilities, and schedule; prepare a data request; and coordinate a site visit.

Deliverables:
• Kick-off Agenda
• Kick-off Notes
• Draft Work Plan and Schedule
• Final Work Plan and Project Schedule (PDF)

1.2 Community Engagement lnitial Planning
MIG will review existing input from the 2020 Park and Recreation System Master Plan and 2017 community site walk We will collaborate with City staff to identify stakeholders and prepare for outreach.

Deliverables:
• Communications Plan including schedule (PDF, Draft and Final)

1.3 Evaluate Existing Conditions lnforrnation
The MIG Team will review existing conditions information and additional background documents noted in the RFQ. BKF will evaluate existing utilities and easements, hydrologic information, and adequate survey info, and alert the City if there is a need for any additional information.

Deliverables:
• Summary report of site-specific findings and jurisdictional regulations that may impact or influence the final conceptual design for the Implementation Plan including specific per theRFQ
• Summary of how the proposed conceptuaJ plan conforms to Citywide Parks Goals and Regulations as requirements of other jurisdictions
• Summary of review of existing ATLA/NSPS Land Survey and verification of site improvement and topo accuracy or statement of inconsistencies with fee proposal for corrections
• Summary of the MIG Team's research and understanding of existing on-site and adjacent utilities, easements, and hydro logic information. Includes assessment of any potential impacts on site design concepts
•

1.4 Team Site Tour
In collaboration with City staff, the MIG Team will meet at the site to walk the park and trail, observing specific concerns and discussing questions.

Deliverables:
• Meeting notes for Site Tour
2 1.5 Transportation Study
Hexagon Transportation Consultants will prepare a short vehicle miles travelled (VMT) project screening memo to describe how the project would be screened out of a full VMT analysis under the City's criteria. Hexagon will also analyze the potential multi-modal/pedestrian safety impacts of the park and trail project
Deliverables:
• VMT screening and Multimodal/Pedestrian Safety Impacts Memo

1.6 Phase 1 ESA Update and Phase 2 Inves igation
Cornerstone will prepare a Phase I Environmental Site Assessment (ESA) Update, a Phase II Soil Quality Evaluation, and a Health and Safety Plan for personnel conducting earthwork activities at the site prior to the initiation of the Phase II soil sampling. Meeting attendance will be charged on a time and materials basis.

Deliverables:
• Meeting Notes from meeting documenting approach and decisions for further environmental analysis
• Summary of full review of existing Environmental Reports for the site • List of any proposed additional testing locations and purpose of sampling • Draft and Final Phase II Environmental Site Assessment Report for City review and approval
• Completion of a Phase lfl ESA if requested by the City and recommended in the Phase II ESA (Scope and fee to be negotiated after Phase 11 ESA is complete)

1.7 Acoustical Assessment for Noise Reduction
MIG will prepare a technical noise report that summarizes the existing ambient noise environment at the project site (based on measurements and modeling results), the ambient environment that could exist under three different sound attenuation options at the site, and preliminary recommendations for recreation options based on reduced noise levels. Ml G's approach to completing the noise (i.e., the protocol) will be summarized in a technical memorandum for City approval after MIG has discussed various modeling options with the City during a kick-off call. Noise reduction measures will be integrated into the final conceptual design and final Conceptual Plan report.

Deliverables:
• Technical noise memorandum for protocol for review and acceptance (within two weeks of kick-off call)
• Dralt Noise Report (PDF, within five weeks of protocol approval) • Final Noise Report
M IG, Inc. 3

1.8 Biological Resources Report
MIG biologists will prepare a stand-alone Biological Resources Report that will include a Jurisdictional Delineation. These reports will be used to inform the project design and as supporting documentation for the CEQA analysis and any future resource agency permits that may be required for the project.

Deliverables:
• Biological Resources Report
• Jurisdictional Delineation

1.9 Tree Survey and Condition Assessment
SBCA Tree Consulting will perform an assessment of on-site trees including an evaluation of tree size and health, tree site location, identification of structural defects, pruning needs, and pests.

Work will include one (1) pre-inventory meeting with the City Project Manager and Arborist.

Deliverables:
• Draft and final copy of proposed tree inventory methodology and attributes to be collected for City review and approval
• One (1) PDF copy and one (1) AutoCAD version 2019 or newer copy of tree survey overlayed onto the existing 2020 topographic survey within the project area at 1"= 20' scale
• One (1) PDF of Arborist Report on trees, potential construction impacts and recommendations to be integrated into the final Conceptual Plan Report J .10 Site Envjronmental Summary Report
MIG, along with consultant expertise, will synthesize findings into an Environmental Summary Report (to include a brief summary of all of the above reports) and Opportunities and Challenges Diagrams for use in future community meetings.

Deliverables:
• Environmental Summary Report (PDF)
• Opportunities and Challenges Diagrams (PDF)

1.11 City Meeting~ Review Phase 1 findings
The City and MIG will meet to review technical analysis and findings. We will also discuss emerging site possibilities and the team's approach to community input moving forward.

1.12 Phase 1 City Coordination and Project Management
MlG's PM and the City will hold weekly update calls with additional project team members attending periodically.

Deliverables:
• Meeting Notes high Ugh ting key decisions
MIG, Inc. ;\
MIG. Inc
PHASE 2 - COMMUNITY VISION
Z.1 Public Survey and Analysis
[nitial planning for the survey will occur early in Phase 1. At that time the City and MIG will discuss the workplan and confirm if this survey may launch before the technical analysis is 100% complete. MIG will develop the public internet survey, along with graphics for print materials for use by the City to distribute by US Mail. MIG will also provide additional advice on outreach and publicity to reach nearby residents and will develop a poster or a street decal with a QR code to be posted in and around the project area. The City will assist with placing posters. MIG will compile results from the survey in an easy-to-digest analysis for the City. The City and MIG will meet to review findings and inform next outreach steps.

Deliverables:
• Updated Communications Plan including schedule
• Draft Community Survey for City staff comment
• Final Community Survey to be distributed to the public • Development of poster or street decal with QR code to publicize survey • Outreach advice on reaching neighbors regarding the survey • Survey Analysis
• Meeting Notes highlighting key decisions and next steps

2.2 Develop Graphic and Outreach Tools
Using the knowledge gained from Phase 1 and the public survey, MIG will develop graphics and tools for community input We will summarize important site information from Phase 1 for the community and elicit feedback in multiple ways. Methods will be determined in collaboration with the City and may include options such as interactive polling, shared Mural boards, and breakout groups, along with printed materials for in-person feedback.

Deliverables:
• Draft Graphics for Review (PDF)
• Final Graphics (PDF for one zoom meeting, large-size prints for one on-site open house)

2.3 Community Meetings (2)
MIG will organize and present at two (2) community meetings to solicit additional input on the community's interests, clarify community priorities, and to help guide development of the three design alternatives. To encourage more input and respond to both the pandemic and varying schedtiles, we propose one meeting via Zoom and one outdoor in-person casual open-house event/site tour starting at Sterling-Barnhart Park, to allow the community to walk the currently fenced site.

Deliverables:
• Two (2) Community Meeting Agendas & Presentations
5 MIG. Inc.

2.4 Community Pop-up Events ('2)
Ml G will organize and present at two (2) community pop-up events to solicit additional input from key stakeholder groups identified earlier in Phase 1. Examples include a table at a Farmer's Market or School, joining a neighborhood block meeting, or similar style event. The intent of these events is to solicit input from additional park users, or future users, by going to them.

Deliverables:
• Printed materials for Two (2) Community Pop-Ups

2.5 Synthesize Community Vision Results
Community meeting results, along with survey input, will be compiled by MIG into a summary report for revjew by the City and for use in upcoming Commission/Council presentations. MIG and the City will meet to review results and inform next steps.

Deliverables:
• Analysis and Synthesis Report of public survey and meeting findings • Meeting Notes highlighting key decisions and next steps

2.6 Commissions and City Council Presentations: (njtial Meeting MIG will prepare slideshows and present to the Parks and Recreation Commission, the BicyclePedestrian Commission, Planning Commission, and City Council to receive feedback. The presentation will include a summary of input and priorities from the community meetings and survey responses.

Deliverables:
• Prepare draft slides how presentation for City approval • Parks and Recreation Commission Agenda, Presentation, and Report • Planning Commission Agenda, Presentation, and Report
• Bicycle-Pedestrian Commission Agenda, Presentation, and Report • City Council Study Session Presentation and Report

2.7 Develop Recommended Improvements and Programming
Incorporating community input and comments from the Commissions and Council, the MIG Team will develop a set of recommended improvements and programming for the Lawrence-Mitty site.

The City and MIG will meet to review the recommendations and consider directions for the three alternatives.

Deliverables:
• Written Recommendations for Improvements and Programming • Meeting Notes highlighting key decisions and next steps MIG, Inc.

2.8 Phase 2 City Coordination and Project Management
Ml G's PM and the City will hold weekly update calls with additional project team members attending periodically.

Deliverables:
• Meeting Notes highJighting key decisions
PHASE 3 -CONCEPTUAL DESIGN ALTERNATIVES

3.1 De elopment Concept Alternatives and Costs
The MIG Team will create three (3) rough draft alternatives for initial review by the City that utilize planning studies and reports and incorporate community input, feedback from the City, and comments from the commission/council reviews. MIG will incorporate the City's consolidated input to finalize three (3) final alternatives for presentation to the community and prepare a rough order of magnitude cost estimate for each. Each Conceptual Design Alternative will include a colored plan with callouts for program elements. Precedent images will be used to help the community envision the various program elements.

Deliverables:
• Conceptual Design Alternatives (PDF and 1 hard copy)
• Meeting Notes from Consultant and City staff design review of Draft Concepts • 3 Conceptual Design Alternatives (PDF)
• Rough order of magnitude cost estimate for each alternative (PDF and Excel)

3.2 Develop Graphics and Outreach Tools
MIG will develop graphics and outreach tools to continue to engage the community, Commissions, and City Council for additional input as outlined in the RFQ.

Deliverables:
• Draft Graphics for Review (PDF)
• Final Graphics (PDF for one Zoom meeting, large-size prints for one on-site open house) • Draft Mailer of 3 Conceptual Design Alternatives for City staff review (PDF) • Final Postal Mailer of 3 Conceptual Design Alternatives to be sent to the public (PDF)

3.3 Community Meetings (2): Alternatives
MlG will organize and present the three community-driven design alternatives for public input with tooJs designed to help the community arrive at one final plan. Final planning will be confirmed with the City, but is currently assumed to be one Zoom meeting and one in-person casual open house similar to Phase 2.

MIG, Inc.

Deliverables:
• Two (2) Meeting Agendas and Notes from Alternatives Community Presentation and Feedback Meetings

3.4 Community Pop-Up Events (2)
MIG will organize and present at two (2) community pop-up events to solicit additional input from key stakeholder groups identified earlier in Phase 1. Examples include a table at a Farmer's Market or School, joining a neighborhood block meeting, or similar style event. The intent of these events is to solicit input from additional park users, or future users, by going to them.

Deliverables:
• Printed materials for Two (2) Community Pop-Ups

3.5 Analysis of Community Input
Community meeting results will be compiled into a summary report for review by the City and for use in upcoming Commission/Council presentations. MIG and the City will meet to review results and direction prior to Commission/Council presentations.

Deliverables:
• Analysis and Synthesis Report of community input and meeting findings • Meeting Notes highlighting key decisions and next steps 3,6 Commissions and City CounciJ Presentations (3): Alternatives MIG will prepare slideshows and present to the Parks and Recreation Commission, the BicyclePedestrian Commission, and City Council to receive feedback. The presentation will include a summary of input and priorities from the community meetings.

Deliverables:
• Prepare draft slideshow presentation for City approval and final version • Parks and Recreation Commission Meeting Agenda, Presentation, and Report • Bicycle-Pedestrian Commission Meeting Agenda, Presentation, and Report • City Council Study Session Presentation and Report

3.7 Develop Pr eferred Conceptual Design Plan
MIG and the City will meet to discuss community input and Commission/Council feedback, recommendations, and direction for a Preferred Concept. This may be one chosen alternative or a combination of alternatives. MIG will produce a single Draft Conceptual Design for the site for review with the City and incorporate feedback into the Final Conceptual Design.

Deliverables:
• Draft Conceptual Design Plan (PDF)
• Pinal Conceptual Design Plan (PDF)
8 3.8 Phase 3 City Coordination and Project Management
MI G's PM and the City will hold weekly update calls with additional project team members attending periodically.

Deliverables:
• Meeting Notes highlighting key decisions
PHASE 4 - DRAFT AND FINAL CONCEPTUAL PLAN

4.1 Develop Draft Conceptual Plan Report
MIG will prepare a draft outline for the Lawrence-Mitty Park and Trail Conceptual Plan. The approach and specific sections wilJ be confirmed with the City, followed by creation of the full draft for City review. The draft conceptual plan will be the culmination of key elements of design, input provided by the public, site study findings, and the physical and jurisdictional constraints of the site. MIG and the City will meet to discuss the City's consolidated review comments and determine final edits.

Deliverables:
• Draft Lawrence-Mitty Park and Trail Conceptual Plan (PDF) • Meeting Notes from Draft Implementation Plan Review Meeting with City staff

4.2 Present Draft Conceptual Plan to Communi y
MIG recommends that the Draft Conceptual Plan be posted on the City's website for comments due to the difficulty of reviewing a lengthy document in a public meeting. This can be followed by a Zoom Open House, including a brief summary presentation and plenty of time for questions and answers. We will be happy to rnake adjustments to this plan if the City prefers a different format.

Deliverables:
• JPEGs of major maps and a PDF of the document for the City website • Draft and Final slideshow
• Meeting Agenda and Notes from the Community Presentation/Meeting

4.3 Present Draft Conceptual P)an to Commissions and City Council (4) MIG will present the Draft Conceptual Plan to the Park and Recreation Commission, BicyclePedestrian Commission, Planning Commission and City Council for final input and consideration of minor edits.

Deliverables:
• Draft and Final slideshow
• Meeting Agenda and Notes from each of the four (4) Presentations/Meetings MIG. Inc, 9
MIG, Inc

4.4 Finalize Conceptual Plan
MIG will collect input from meeting reviews and incorporate edits from stakeholders as directed by the City. There will be one (1) Draft Conceptual Plan review meeting with City staff to ensure alJ design and study elements are incorporated prior to final Conceptual Plan submittal, Deliverables:
• Lawrence-Mitty Park and Trail Master Plan (2 printed/bound copies; 1 unbound copy; PDF)
4-.5 Develop Cost Estimate and Implementation/Phasing Timeline MIG will provide to the City, in a document separate from the Conceptual Plan, a rough order of magnitude cost estimate for implementation of the final conceptual design, including the specifics noted in the RFQ. MIG will also submit a proposed implementation and phasing time line for completion of the built infrastructure reflected in the adopted Master Plan.

Deliverables:
• Rough Order of Magnitude Cost Estimate for Conceptual Plan Implementation e lectronic (PDF and Excel)
• Proposed Conceptual Plan implementation and phasing timeline for site improvements with consideration of time line for jurisdictional permits or permissions in MS Project format. (PDF)

4.6 Present Final Conceptual Plan to City Council for Acceptance MIG will present the Conceptual Plan in collaboration with City staff to City Council for final approval, which is required for adoption as City policy.

Deliverables:
• One (1) Meeting Agenda and Notes from the final Acceptance Meeting

4.7 Phase 4 City Coordination and Project Management
Ml G's PM and the City will hold weekly update calls with additional project team members attending periodically.

Deliverables:
• Meeting Notes highlighting key decisions
PHASE 5 - CEQA
MIG assumes the project will qualify for an Initial Study /Mitigated Negative Declaration (IS/MND) under CEQA and will prepare an analysis of the project according to the CEQA Guidelines and City of Cupertino requirements. The final IS/MND will be presented to the City Council for adoption with the approval of the Conceptual Plan. 1(
M IG. Inc.

5.1 Prepare Administrative Draft lniti, I Study
MIG will prepare and electronically submtt for the City's review an Administrative Draft Initial Study. The submittal will include copies of all technical studies.

Deliverables:
• Administrative Draft Initial Study
• Technical studies - Air quality /greenhouse gas emissions, biological resources, hazardous materials (Updated Phase I Environmental Site Assessment, limited soil testing), transportation (VMT project screening and multimodal/pedestrian safety impact analysis memo)

5.2 Prepare Public Draft Initial Study /Mitigated Negative Declaration MlG will address any comments from the City on the Administrative Draft IS and then produce a Screen Check document for final City approval. Once the Screen Check document is approved, MIG will prepare the Public Draft IS/MND for pub1ic circulation and a PDF version for the City to post on the City's website.

Deliverables:
• Screen Check IS
• Public Draft IS/MND for public circulation
• PDF Version Public Draft fS/MND for posting on City's website

5.3 Prepare Final IS/MND, Mitigation Monitoring and eporling Pr ogram, and Notice of Determination
Following conclusion of the 30-day public review period, MIG will prepare the Administrative Draft and Screen Check Response to Comments documents that will contain a summary of aJI comments received during the public comment period, responses to comments, and changes to the Draft IS text or errata as necessary. Concurrent with the preparation of the Response to Comments, MIG will finalize the Mitigation Monitoring and Reporting Program (MMRP) and prepare a Notice of Determination (NOD) for the City to finalize and submit to the County Clerks office and the State Office of Planning and Research.

Deliverables:
• Administrative and Screen Check versions of Responses to Comments • Final MMRP
• Draft NOD
• Prepare any required documents containing fin dings-and resolution for certification, public notice, and/or filing of environmental documents as needed

5.4 ttend Public Meetings/He· rings
MIG's CEQA Director will attend one (1) remote community meeting held by the City (estimated at 2 hours) and two (2) remote public hearings. [n addition to the public meetings and hearings, l]
MIG. Inc.
the MIG CEQA Director and CEQA Project Manager will attend one (1) remote CEQA Kick-off meeting with City staff.

5.5 Phase 5 City Coordination and Project Management
Ml G's CEQA Project Manager will be the primary point of contact for CEQA work and will keep the City apprised of project progress at key points. Weekly meetings are not anticipated in this phase.

Assumptions, Exclusions & Additional Services
The MIG team's assumptions for included scope and level of work effort are based on the scope of work outline in the RFQ. If a need arises in the Phase 1 analysis period for additional survey information or studies, beyond what is currently scoped, the City and MIG team will work together to determine the corresponding effort and fee to deliver these additional scope items. All meetings, except where noted, are assumed to be remote via screen share, which enables more team members to participate efficiently. A single round of consolidated comments for each City review item is assumed.

Additional Services:

The MIG Team has a broad range of experience, skills and services. The following is a nonexhaustive list of items that are not included in this scope but could be provided as additional services if they are needed or desired by the City:
• Use of Maptionnaire is noted as an Optional Task/ Additional Service, and could supplement the public survey task
• Additional community engagement beyond the scoped items in the process (including digital advertisement, intercept surveys, additional surveys/workshops/open houses/pop-up events).
• Additional public meetings beyond the scoped items in the process (including attending City Council meetings, public hearings, hearing examiner meetings, public open houses, and local association meetings).
• City project team meetings beyond those listed
• Additional design alternative drafts or renderings other than those listed. • Development, Documentation and Implementation of Design Phases other than listed. • Preparation of construction documents.
• Construction Administration services.
• Preparation of special studies outside our scope of work. • Intensive research and testing to determine conditions of existing site utilities (i.e., potholing, smoke testing, dye testing, pressure testing, fire flow testing, videotaping, etc.). • Utility Relocation Plans
• Supplemental surveying services
• Appeal, Design Exception, and Alternative Review applications. • Services related to future facilities and improvements.

1. MIG. Inc.
• Design of water capture/re-use systems, pump stations, sump pumps, or force mains for sanitary sewer or storm drainage systems, if required.
• Design of systems to comply with or obtain LEED certification, including preparation of LEED documentation and addressing review comments from the USGBC. • Design for areas outside of the limits noted in the RFQ. • Value Engineering. If the MIG Team is needed to assist with VE and/or bid negotiations, it is available on a Time and Materials basis.

Project Scope Assumptions:
• CLIENT: 'The City' refers to the City of Cupertino's Lawrence Mitty project team. • DELIVERABLES: Unless otherwise indicated, all deliverables will be provided in PDF format. Native files will be created in software selected at the consultant team's discretion. If the City desires printed copies or specific file formats, the MIG Team is happy to work with the City to develop a strategy that meets the project's budget and needs. • IN-PERSON MEETINGS: Team meetings and most community engagement events are assumed to be virtual with some limited outdoor engagement events where noted. • TRANSLATION: All documentation will be in English; however, as an additional service, the MIG Team can provide exhibits in other languages.
• CONSOLIDATED COMMENTS: The City will provide MJG with (1) set of vetted and consolidated comments from all parties/agencies in all tasks involving review and feedback.
• PERMIT FEES: All permit fees and agency charges will be paid by others, if applicable. • OFFS/TE UTILITIES/STREET/PARKING DESIGN: Offsite utility or street/parking design beyond the identified park and trail area is not included in this proposal. • ENVIRONMENTAL WORK: Floodplain, wetland, soil remediation or environmental work outside of what is noted is not included in this proposal. • CONSTRUCTION TESTING+ INSPECTIONS: Not included.

1.:

FIRST AMENDMENT TO AGREEMENT 402 BETWEEN

THE CITY OF CUPERTINO AND MIG, INC FOR

COMPLETION OF THE LAWRENCE-MITTY PARK

AND TRAIL MASTER PLAN
This First Amendment to Agreement 402 between the City of Cupertino and MIG, Inc., is by and between the City of Cupertino, a municipal corporation (hereinafter "City") and MIG, Inc., a Corporation ("Contractor") whose address is 2055 Junction Ave., Suite 205, San Jose, CA 95131, and is made with reference to the following:

RECITALS:

A. On December 09, 2021 Agreement 402 ("Agreement") was entered into by and between City and Conh·actor for Completion of the Lawrence-Mitty Park and Trail Master Plan.

B. City and Contractor desire to modify the Agreement on the terms and conditions set forth herein.

NOW, THEREFORE, it is mutually agreed by and between and undersigned parties as follows:

1. Paragraph 4.1 Maximum Compensation of the Agreement is modified to read as follows:

Maximum Compensation: City will pay Consultant for satisfactory perfo1mance of the Service a total amount that will be based upon actual costs but that will be capped so as not to exceed $343,784.00 ("Contract Price"), based on the budget and rates set fo1th in Exhibit C, Compensation, and attached and incorporated here. The Contract Price includes all expenses and reimbursements and will remain in place even if Consultant's actual costs exceed the capped amount. No extra work or payment is permitted in excess of the Contract Price. Exhibit A of the Agreement is modified to include Exhibit A-1, Additional Services, attached hereto.

2. Paragraph 4.3 Additional Services of the Agreement is modified to read as follows: City has the discretion, but not the obligation, to authorize Additional Services up to an amount not to exceed $28,500.00. Additional Services provided to City's reasonable satisfaction will be compensated on a lump sum basis or based on time and expenses, in accordance with the Hourly Rates and Reimbursable Expenses Schedules included in Exhibit C. If paid on an hourly basis, Consultant will be compensated for actual costs only of normal business expenses and overhead, with no markup or surcharge ("Reimbursable Expenses"). Consultant will not be entitled to reimbursement for copying, printing, faxes, telephone charges, employee overtime, or travel to City offices or to the Project site. Exhibit A of the Agreement is modified to include Exhibit A-1, Additional Services, attached hereto.

3. Except as expressly modified herein, all other tenns and covenants set forth in the Agreement shall remain the same and shall be in full force and effect.

SIGNATURES CONTINUE ON THE FOLLOWING PAGE
1 IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed.

CITY OF CUPERTINO MIG INC.

Jim Throop By ___________ _
Title City Manager Title Vice President / Chief Development Officer Date Feb 28, 2022 Date Feb 25, 2022

APPROVED AS TO FORM
City Attorney
ATTEST:

City Clerk
Date Feb 28, 2022
2 February 17, 2022
Lisa Cameli, Project Manager
City of Cupertino
City Hall
10300 Torre Ave.

Cupertino, CA 95014
Exhibit A-1
Re: Additional Services Lawrence-Mitty Park and Trail Master Plan (MIG proj. no. 30903) Dear Lisa,
As identified at our site visit and discussed in email follow up, there are several additional site study needs for the Lawrence Mitty project that will enable our team to prepare complete Phase 1 technical studies. The following summarizes our request for additional work and fees that are above and beyond the original contract, signed Dec. 9, 2021. Al l other terms in the original contract remain in effect.

Following is a summary of our additional services request:

Site Survey Work (by BKF) .............................................................................. $20,000 BKF will survey the additional trees and catch basins not shown on the provided site survey by Alta. Work wi ll be tracked on a time and materials basis and may not require full funds to complete. The amount listed is the maximum. Details:
o It will take about 5 days of work in the field to pick up all the trees based on the Arborist markup of the ALTA Survey area and onsite, inside the wal ls and fencing along Lawrence Expressway. o The control for the tree survey wi ll be linked to the Alta survey control on the same datum.
o The tree survey information will be converted to CAD and shown on an Exhibit showing the ALTA survey linework as well. o The 2 outfall pipes visually located in the creek area wi ll have their exiting inverts dipped.

Tree Assessment (by SBCA Tree Consulting) ............................................... $4,600 The arborist scope, per the RFO, was based on assessing the quantity of trees shown on the provided Alta survey. There are now more trees, which require tagging and additional assessment time. Work is tracked on a Per Tree basis and this is the amount needed to complete the site work and final tree count. See attached modified proposal and rate sheet for additional detail.

PLANNING I DESIGNICOMMUNICATIONS I MANAGEMENT I SCIENCEITECHNOLOGV ,..(ttl t n;r ,-, t''-3 ll :S: • 0~ t=•!!:"r -w-'-' ...,/ I I • 5.,. • '10 0 -~5. ~.~ r • , , ..,, 11 ,, ••It \. h Oif,._e-; in ~alifotn10 • .AICHt;LJu • O•e~o., • To>~:" • \/IJ.;;l11r1!:l'"'' Lisa Camel i
February 17, 2022

Page 2 of 2 ends

Noise Study (by MIG) .......................... .. ............................................................ $3,900 This covers the additional labor for switching from the approved ambient noise survey with unattended long-term measurements to the current approach involving attended short-term measurements. See attached Noise Study Budget Memo for additional detail, along with the Noise Study Methods document, which outlines the protocol.

Total:$ 28,500
Please feel free to contact us with any questions or additional information needed.

Sincerely,
2::911 ca
Principal, MIG
Please sign below to indicate your agreement to the terrns outlined in this letter as a revision to the original contract and budget
Lisa Cameli, Project Manager
City of Cupertino
Date
S<BCJl 'free Consu{ting
1534 Rose St
Crockett, CA 94525
Phone# 510-787-3075
Fax# 510-787-3065
E-mail: steve@sbcat:ree.com
Web Site: www.sbcatree.com
Name I Address
MIG, Inc.
800 Hearst Avenue
Berkeley, CAiifornia 947 l 0
Item Description
Tree Survey
Proposal to Provide Arborist Services• Lawrence-Mitty Park and Trails Survey all trees identified in the scope provided by MIG, Inc. Record data on:
- Species
Repot1
Meeting
Office
• Common Name
- DBH
- Height
- Spread
- flew lille Hllffillg1l
- Health and structural condition
• Suitability for retention
• Pfttftiftg-ef--fleat!ftffliag11tie11 reee1l!lBe11011ae11s • RPZ (Root Protection Zones)
• Pertinent arborist notes
Oat.a will be submitted in Excel data sheets. Tree location map and summary report to be included.

Prepare report lo address System Master Plan and City objectives to create open spaces. Provide Tree Protection Specifications fo r trees where underground improvements will enroach ioto Root Protection Zones. Identify existing trees or plant ffi[lterial- on abutting properties tlial could influence site de ign or be impa-:ted by the project.
tlend { l) pre-inventory meeting with City Project Manager nnd ArborisL Two arborisls.

Optionnl· Report modilications based on City review and approval of arborist r port.

Arhoris:l will anb' chor~ for services rendered The amount oftl1is invoice will not be exceeded without prior written approval of MIG and the City or Cupertino.

Estimate
Date Estimate#

9.'9.QQ21 21-578
2/14/2022
Qty
~
364
2 5
Project
Lawrence-Mitty
Rate
~g
$25
Total
4:-MJ(M}Q
$9,100
5,000.00 5,000,00
250.00 500.00
'200.00 l.000.00
Sent Out Total ~
$15,600
Difference of $4,600
Asof: 7-1-21

ARBORIST SCHEDULE OF RATES
S(}Jc;f. 'T<R!~lE CONSV£ff1Nq
1534 Rose Street
Crockett, CA 94525
Phone(510} 787-3075
Fax(510)787-3065
E-mail: [email protected], [email protected]
Website: www.sbcatree.com
Stephen Batchelder, Consulting Arborist
WC ISA Certified Arborist #0228A
CaUFC Certified Urban Forester # 134
State Contractor License (C-27) 533675
FEDERAL TAX EIN # 32-0512307
Insured: Liability, E&O and Workman's Comp.

Molly Batchelder, Consulting Arborist
WC ISA Certified Arborist #9613A
Tree Risk Assessment Qualified (TRAQ)
Description of Services
First Visit - (2 arborists)
Standard Rate for Arborist Services:

Travel Time: Time over 30 min from office.

Arborist Reports:

Rates
$250 per hr.
$200 per hr.
$150 per hr.
$200 per page
Tree Appraisal Reports:

Tree Surveys:
$250 for first tree, $25 per each additional tree
$1200 or $25 per tree
Legal: Depositions and Expert Witness
• Soil & Tissue Analysis:
o Samples are sent to a laboratory for analysis.
• Plant Pathologjst
a Culture and identification by plant pathologist
Out of Town Daily Rate Consulting (10 hr.):

Rush fee:

City Rates are by Contract
Payment: Due upon receipt of services and invoice.

End
$250 per hour
$100 per sample
$100 per sample
$2000 + expenses
$500
Memorandum
To:
2055 JUNCTION AVE. , SUITE 205
SAN JOSE, CA 95131
650.327.0429
WWW.MIGCOM.COM
CC:

Lisa Cameli, City of Cupertino
Jan Eiesland , MIG
From: Chris Dugan
Re:

Date:

Lawrence Mitty Park and Trail Master Plan Noise Study Budget Amendment February 1, 2022
MIG, Inc. (MIG) has prepared this memorandum at the request of the City of Cupertino (City).

This memorandum briefly summarizes a budget amendment request for the Lawrence Mitty Park and Trail Master Plan Noise Study.
i=@IU,,M,t•i,,i4,i•44·11t4~-
MIG's approved scope of work for the Master Plan included 1 0 hours of staff time and $269 in expenses related to the ambient noise monitoring survey needed to prepare the Master Plan's Noise Study. This level of effort assumed
• An initial trip to the site to install two long-term (LT) noise meters and conduct four hours of shorHerm (ST) noise monitoring. The LT meters were assumed to run for 48 to 72 hours.
• A second trip to the site to breakdown and remove LT meters from the site.

Subsequent to the City's approval of MIG's scope, the City and MIG have determined that it is not feasible to leave noise monitoring equipment onsite overnight due to safety and security concerns. A subsequent plan to install an LT meter at a private residence to the west of the Master Plan area was evaluated and determined to be infeasible due to legal and scheduling concerns. Accordingly , MIG has modified its approach to conduct two short-term ambient noise surveys of the Master Plan area. Thfs change results in more staff time at the site (from 6 to 24) hours to account for adequate monitoring of a variety of traffic conditions), as well as additional data download, qa/qc review, and processing time, but currently does not increase the number of trips to the site as only two ambient noise monitoring surveys are currently proposed by MIG.

MIG's ambient noise monitoring survey methodology is described in a separate memo (MIG 2022).

The budget amendment request to support the current ambient noise monitoring survey methodology is summarized in the table below.

F'LANNINGIDESIGN I COMMUNICATIONS!MANAGEMENTISCIENCEITECHNOLOGY 20S5 Junction Avenue, Suite 205 • San Jose, CA 95 131 • USA • 6S0-327-0429 • www.migcom .com Offices in, Cal ifornia • Colorado • Oregon • Texas • Wa5hing1on Lawrence Mitty Park and Trail Master Plan Noise Study Budget Amendment Page2 Lawrence Mitty Park and Trail Master Plan Noise Study Budget Amendment Request Task/Subtask Labor Cost Expenses Total Budget

APPROVED NOISE STUDY

1. 7 Noise Study $11 ,430 $537 $11 ,967
Ambient Noise SuNey $2,100 $537 $2,637

REQUESTED NOISE STUDY
1 . 7 Noise Study $15,330 $537 $15,867
Ambient Noise SuNey $6,000 $537 $6,537

NET BUDGET AMENDMENT

1.7 Noise Study $+3,900 $0 +$3,900
Ambient Noise SuNey +$3,900 $0 +$3,900
References
The following references were used to prepare this memorandum.

MIG 2022. Draft Memorandum - Lawrence Mitty Park and Trail Master Plan -Noise Study Methodology. February 1, 2022.

MIG, Inc. February 1. 2022
II 2055 JUNCTION AVE., SUITE 205
SAN JOSE, CA 95131
650.327.0429
WWW.MIGCOM.COM
DRAFT Memorandum
To:

CC:

Lisa Camelf, City of Cupertino
Jan Eiesland, MIG
From: Chris Dugan
Re:

Date:

Lawrence Mitty Park and Trail Master Plan - Noise Study Methodology February 1, 2022
MIG, Inc. (MIG) has prepared this memorandum at the request of the City of Cupertino (City).

This memorandum briefly summarizes the methodology that MIG will use to prepare the technical noise study for the proposed Lawrence Mitty Park and Trail Master Plan.

J1@ii=ffiilll·i1i,1·441ii•t•tAi,f ·•!&;;f .J.ffit•i,i
As identified by the City (2021), "The Lawrence-Mitty site is immediately adjacent to the Lawrence Expressway, an arterial roadway that has high volumes of traffic. This traffic causes consistent, high levels of noise. When the site was designated as a stockpiling area for the County and was not typically used by the public this was not problematic. Now that the site will be developed as a park more careful consideration of noise levels needs to be taken and there may be need for acoustical attenuation."
The purposes of the technical noise study for the Master Plan are to:
• Document ambient noise levels in the Master Plan area; and • Preliminarily evaluate the potential effectiveness of noise abatement measures for the Master Plan.

MIG will prepare the technical noise study consistent with the guidance and recommendations contained in the California Department of Transportation's (Caltrans) Traffic Noise Protocol and Technical Noise Supplement to the Traffic Noise Protocol (Caltrans 2013, 2020). These' documents generally outline Caltrans' policies and procedures for collecting ambient noise measurements, evaluating traffic noise impacts, and determining the feasibility of noise barriers for highway projects. MIG notes the proposed Lawrence Mitty Park Project is not a highway project and1 therefore, minor deviations from Caltrans' guidance may occur during ambient noise monitoring, report preparation, etc.

MIG's technical noise study will consist of three main parts:
1) An ambient noise monitoring survey to collect existing noise level data In the vicinity of the Master Plan area .
2) The generation of existing and future noise contour maps for the Master Plan area. 3) The preliminary evaluation of noise abatement measures for the Master Plan .

These tasks are described in more detail below.

P LA N N I N G I D E 5 I G N I C: 0 M M U N I CAT I O N 5 I M AN AG E M E NT I SC I EN CE I TECH N O LOGY 2055 Junction Aver'!ue, Sui1e 205 • San Jose, CA 95131 • USA • 650-327-0429 • ww,v ,rr,1gcom ,corn f'""l.fit--.-. 1_, r-1;!_,_ ,_ . r--.1- .... ..J_ . r-, .,.,......, __ ._ . T-•• -- _ 'o'll--1.. ~- - .. ;- Lawrence Mitty Park and Trail Master Plan Noise Study Methods - DRAFT Page2 i+itflbi3,iUhM$1;t.1,o,.,,.,,.i,11a&a1
MIG, Inc. will conduct ambient noise level survey in the vicinity of the Master Plan area. The ambient noise survey will :
• Provide direct observations of existing noise sources at and in the vicinity of the Master Plan area;
• Provide actual measurements of existing noise levels at and in the vicinity of the master Plan, including Lawrence Expressway traffic noise levels· and • Identify if and how noise levels change throughout the Master Plan area.

MIG proposes to measure noise levels at up to 12 sites in the vicinity of the Master Plan area as follows:
• One (1) site location will provide a long-term (LT) record of ambient noise levels at the Project site for the duration of the noise monitoring survey, which is currently anticipated to last between a total of 14 to 16 non-consecutive hours (see schedule discussion below).
• 1 0 sites will consist of a series of short-term measurements ( 1- to 2-hours each) throughout the Master Plan area. These short-term sites will assess how noise levels vary from the LT site and across the Master Plan area in general. • One (1) site will occur outside the Master Plan area, on Doyle Road (across Lawrence Expressway). This site will evaluate the performance and effectiveness of the noise barrier (based on actual condltions) on the east side of Lawrence Expressway that are considered representative of the primary park area of the Master Plan.

MIG's preliminary ambient noise survey sites are show in Figures 1 to 3. MIG will collect up to three measurements simultaneously to allow MIG to compare noise levels in one part of the site to measurements in another area and to see how distance, ground cover, and topography may be influencing noise levels. All ambient noise levels will be digitally measured and logged using Larson Davis SoundTrack LxT sound level meters that meet American National Standards Institute requirements for a Type 1 integrating sound level meter. Each sound mete.(" will be calibrated immediately before and after the monitoring period using a reference one-kilohertz (1 kH) check frequency and 114 dB sound pressure level; deviations in calibrated noise levels that exceed acceptability criteria will render measurements invalid (up to a 1 dB difference is generally allowable in most cases). MIG will continuously collect noise levels in 1-minute intervals so that short-term noise events and increases in noise levels above typical background conditions may be captured. MIG will also document meteorological and other pertinent environmental factors that occurred dur,ing the noise monitoring (e.g., short-term traffic counts).

All field data and records will be provided to the City in electronic format and as part of the technical noise study at the conclusion of the study.

Tentatively, to ensure the ambient noise monitoring effort captures representative daytime traffic conditions and associated noise levels, MIG proposes to conduct noise monitoring on one (1) weekday and one (1) weekend day. Scheduling options for the ambient noise monitoring include:
• Thursday, February 3rd , from approximately 7 AM to 7 PM, and Saturday, February 6th from approximately 7 AM to 5 PM· or
• Tuesday, February 15th, from approximately 7 AM to 7 PM, and Saturday, February 191\ from approximately 7 AM to 5 PM; or
• Tuesday, February 22nd , from approximately 7 AM to 7 PM, and Saturday, February 26th , from 7 AM to 5 PM.

MIG, Inc. February 1, 2022
Lawrence Mitty Park and Trail Master Plan Noise Study Methods - DRAFT Page3 Figure 1: Ambient Noise Monitoring Locations (Overview) Mitty Park and Trail
Long-te
Park an ea (Approximate)
MIG, Inc. February 1, 2022
Lawrence Mitty Park and Trail Master Plan Noise Study Methods - DRAFT Figure 2: Ambient Noise Monitoring Locations (Northern) Lawrence Mitty Park and Trail
MIG, Inc.
long-term Site
Park and Tral Area (Approximate)
Short-term Site

Page 4 ends

February 1, 2022
Lawrence Mitty Park and Trail Master Plan Noise Study Methods - DRAFT Pages Figure 3: Ambient Noise Monitoring Locations (Southern) Lawrence Mitty Park and Trail
MIG, Inc. February 1, 2022
Lawrence Mitty Park and Trail Master Plan Noise Study Methods - DRAFT Page6 G4,Mih1Mi,t·li,i·•ibl111L•i,ii·iliiffiM-ti
MIG will use the results of the ambient noise monitoring survey to calibrate traffic noise model predictions and generate existing and future noise contour maps for the Master Plan.

The collection of noise measurements adjacent to Lawrence Expressway, combined with the concurrent collection of vehicle count data, will provide direct measurement of noise levels resulting from specific traffic conditions on Lawrence Expressway. Traffic noise modeling will allow MIG to ascertain how traffic noise in the Master Plan area may change with different traffic conditions (e.g., peak hour conditions, typical free-flow conditions). MIG will use SoundPLAN to estimate existing and future typical and peak noise exposure levels on an hourly Leq and a CNEL basis. SoundPLAN is a graphical noise modeling program that incorporates the Federal Highway Administration's Traffic Noise Model (TNM) algorithms for traffic noise predictions (also used by Caltrans). The ambient noise monftoring data will allow MIG to compare measured traffic noise levels against model-predicted traffic noise levels and calibrate and refine model predictions for traffic scenarios that are different than those which occurred at the time the ambient noise survey was conducted.

The ambient noise survey data, combined with accurate traffic noise model predictions, will be used to generate a noise contour map of noise levels in the park and trail area under existing and future typical and peak traffic conditions. This map will allow designers and decision makers to visually understand the magnitude and variability of noise levels in the Master Plan area. iiitMti@itffii,itd~ffihtiM&,U§,liriihhi&A
MIG will use the noise contour maps described above to identify, in coordination with the City, preliminary noise abatement considerations, including what, if any, noise exposure standard or guidelines are relevant to the project, and what, if any 1 feasible noise abatement measures may be available to reduce noise levels in the Master Plan area.

MIG will evaluate the noise reduction effectiveness of three (3) different noise barrier options.

This may include a combination of different barrier locations, different barrier materials (e.g. ,solid wall or earthen berm), and/or different barrier design options (e.g. , reflective barrier vs. adsorptive barrier).

MIG will build on the traffic noise modeling and noise contour maps described above and use SoundPLAN to model the effectiveness of potential barrier options. Using SoundPLAN, MIG will prepare updated noise contour maps showing the predicted effectiveness of each of the selected barrier options and the resulting noise levels in the Master Plan area with the noise abatement measure.

References
The following references were used to prepare this memorandum.

Caltrans 2013. Technical Noise Supplement to the Traffic Noise Analysis Protocol. September 2013.
---'2020. Traffic Noise Analysis Protocol for New Highway Construction, Reconstruction, and Retrofit Barrier Projects. April 2020.

City of Cupertino 2021 . Cupertino General Plan Community Vision 2015- 2040. December 2014.

MIG, Inc. February 1, 2022

CITY OF
11 PUBLIC WORKS DEPARTMEN T

CITY HALL

CUPERTINO
l 0300 TORRE AVENUE • C UPERTINO, CA 95014-3255
TELEPHO NE: (408) 777-3354 • FAX: (408) 777-3333
CUPERTINO.ORG
Project Lawrence Mitty Master Plan
Contract Number
Date 22-Feb-22
Desi(:mer MIG,lnc.

Contracor 800 Hearst Avenue
Address Berkeley, CA 94710
Distribution [email protected];
[email protected];
[email protected]
[email protected]
Amendment#
Consultant#
Description
Schedule Impact
Revised Design
Completion Date:

Amount
TOTAL FOR THIS PROJECT, TO DATE:

Amendment# 1
CIP Proj # 2021-10
NWS# P LM 002.02.02
Acct'g # 280-99-009
1 5146
Addltional Site Tree Inventory to record trees 4" in Diameter and greater. Additional Survey Services for odditiona trees identified. Additional Services related alterations to Noise Study Methods. See attached Sc ope of Work Documents for A m,:,nrl m,:,nt # l
N/A
N/AI
28,500.0ci
Contract Amount: Design Services $ 293,784.00
City Council Approved Contingency $ 50,000.00
City Council Approved Appropriation limit $ 343,784.00
Design Services Contract Amendments
Ori inal Contract Amount: 293,784.00
CA# Description Amount
$ 28,500.00
Total Contract Amendments $ 28,500.00
Design
Professional
City Project
Manaaer
Design Services - Revised Contract Amount S 322,284.00
Council Approval Needed? No
Reviewed By:~S-ta_v_e_La-ng----------------------1
Date:. 2/22/2022
Reviewed By:~L-is_a_c_a_m_e_H ___________________ --i
Date: _ 2/22/2022

CITY OF
fl DESIGN PROFESSIONAL SERVICES AGREEMENT £SINGLE)
,VITH MIG, INC

CUPERTINO

1. PARTIES
This Agreement is made by and between the City of Cupertino, a municipal corporation ("'City"), and MIG, Inc (' Consultant"), a Corporation for Completion of the Lawrence-Mitty Park and Trail Master Plan ("Project") and is effective on the last date signed below ("Effective Date").

2. SERVICES

2.1 Basic Services. Consultant agrees to provide the Basic Services for the Project, which are set forth in detail in the Scope of Services, attached here and incorporated as Exhibit A, and as further specified in Consultant's wTitten Proposal as approved by City, except for any provision in the Proposal which conflicts or is inconsistent with this Agreement and the Exhibits hereto, or as otherwise expressly rejected by City. Consultant further agrees to carry out its work in compliance with any applicable local, State, or Federal order regarding COVID-19.

2.2 Additional Services. City may request at any time during the Contract Time that Consultant provide additional services for the Project, which are not already encompassed, expressly or implicitly, in the Agreement, the Scope of Services or the Proposal ("Additional Services'). Additional Services must be authorized in writing by City and Consultant will not be paid for unauthorized Additional Services rendered. Additional Services are subject to all the provisions app1icable to Basic Services except and only to the ex.tent otherwise specified by City in writing.

All references to ··services" in the Agreement include Basic ervices and Additional Services, unless otherwise stated in writing. The Services may be divided into separate sequential tasks as further specified in this Agreement, the Scope of Services and Consultant s Proposal.

Consultant is solely responsible for its errors and omissions and those of its subconsultants, and must promptly correct them at its sole expense. Consultant must take appropriate measures to avoid or mitigate any delay, liability, and costs resulting from its errors or omissions.

3. TIME OF PERFORMANCE

3.1 Term. Thi Agreemeot begins on the Effective Date and ends on December 3 1, 2023, unless tenninated earlier as provided herein(' Contract Time'). The City's appropriate department head or City Manager may extend the Contract Time through a written amendment to this Agreement, provided such extension does not include additional contract funds. Extensions requiring additional contract funds are subject to the City's pw-chasing policy.

3.2 Schedule of Performance. All Services must be provided within the times specified in Exhibit B, Schedule of Performance, attached and incorporated here. Consultant must promptly notify City of any actual or potential delay in providing the Services as scheduled to afford the Parties adequate opportunity to address or mitigate delays. If the Services are di ided by tasks, Consultant must begin Completjou of the Lawrence-Mitty Park and Trail Ma ter Plan I of 11
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work on each separate task upon receiving City's Notice to Proceed (" TP"), and must complete each task within the time specified in ExhlbitB.

3.3 Time is of the essence for the perfonnance of all the Services. Consultant must have sufficient time, resources, and qualified staff to deliver the Services on time.

4. CUMPENSA TION

4.1 Maximum Compensation. City will pay Consultant for atisfactory perfonnance of the Basic Services and Additional Services, if approved, a cumulative total amount that will be capped so as not to exceed $293,784.00 ("Contract Price''), as specified in Exhibit C Compensation, attached and incorporated here. The Contract Price includes all expenses and reimbursements and will remain in place even if Consultant's actual costs exceed the capped amount. No extra work or payment is permitted in excess of the Contract Price.

4.2 Basic Services. City will pay Consultant $293,784.00 ("Lump Sum Price"') for the complete and satisfactory performance of the Basic Senrices in accordance with Exhibit C. The Lump Sum Price is inclusive of all time and expenses, including, but not limited to, sub-Consultants' costs, materials, supplies, equipment travel, taxes overhead, and profit. If the Basic Services are not fully completed, Consultant will be compensated a percentage of the Lump Sum Price proportionate to the percentage of Basic Services that were completed to City's reasonable satisfaction,

4.3 Additional Services. City bas the discretion, but not the obligation, to authorize Additional Services up to an amount not to exceed $0.00 Additional Services provided to City's reasonable satisfaction will be compensated on a lump sum basis or based on time and expenses, in accotdance will the Hourly Rates and Reimbursable Expenses Schedules included in Exhibit C. If paid on an hourly basis Consultant will be compensated for actual costs only of normal business expenses and overhead with no markup or surcharge ("Reimbursable Expenses'). Consultant will not be entitled to reimbursement for copying, printing, faxes telephone charges, emp1oyee oveiiime, or travel to City offices or to the Project site.

4.4 Invoices and Payments. Monthly invoices must describe the Services completed and the Amount due for the preceding month. City will pay Consultant within thirty (30) days following receipt of a properly submitted and approved invoice for Services. The invoice must separately itemize and provide subtotals for Basic Services and Additional Services, and must state the percentage of completion for each task, as specified in Exhibit C. City will notify Consultant in writing of any disagreements with the invoice or the stated percentage of completion of tasks. If the disagreement is unresolved, City will pay Consultant only for the undisputed portion of the Services. Disputed amounts shall be subject to the Dispute Resolution provision of this Agreement. a. Time and Expenses. For Additional Services provided on an hourly basis, each invoice must also include, for each day of Services provided: (i) name and title of each person providing Services; (ii) a succinct swnmary of the Services performed by each person; (iii) the time spent per person in thirty (30) minute increments; (iv) the hourly billing rate or Sub- Consu1tant charge and payment due; and (v) an itemized list with amounts and explanation for all pennitted reimbursable expenses.

Completion of the Lawrence-Mitty Park and Trail Master Plan 2 of 11
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s.
b, Rates and Receipts. AH hourly rates and reimbursable expenses must conform to the City- approved rates set forth in Exhibit C, which will be in effect for the entire Contract Time. Each invoice must attach legible dated receipts for Reimbursable Expenses.

INDEPENDENT CONTRACTOR

5.1 Status. Consultant is an independent Consultant and not an employee, partner, or joint venture of the City. Consultant is solely responsible for the means and methods of performing the Services and shall exercise full control over tbe employment, direction, compensation and discharge of all persons assisting Consultant in performing the Services. Consultant is not entitled to health benefits, worker's compensation, retirement, or any City benefit.

5.2 Qualifications and Standard of Care. Consultant represents on behalf of itself and its subConsultants that they have the qualifications and skills to perform the Services in a competent and -professional manner, as exercised by design professionals perfonning similar services in the San Francisco Bay Area. Services may only be perf01med by qualified and experienced personnel or subconsultants who are not employed by City and do not have any contractual relationship with City excepting this Agreement. All Services must be pe1f01med as specified to City's reasonable satisfaction.

5.3 Permits and Licenses. Consultant warrants on behalf of itself and any sub-Consultants that they are properly licensed, registered and/or certified to perform the Services as required by law, and that they have procured a valid City Business License, if required by the Cupertino Municipal Code.

5.4 Sub-Consultants. Unless plior written approval from City is obtained only Consultant s employees and sub-Consultants whose names are included in this Agreement and incorporated Exhibits may provide Services under this Agreement. Consultant must require all sub-Consultants to furnish proof of insurance for workers' compensation, commercial liability, auto, and professional liability in reasonable confonnity to the insurance required of Consultant. The tenns and conditions of this Agreement shall be binding on all sub-Consultants relative to the portion of their work

5.5 Tools, Materials, and Equipment. Consultant will supply and shall be responsible for all tools, mate1ials, and equipment required to perform the Services under this Agreement.

5.6 Payment of Benefits and Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. Consultant and any of its employees, agents, and subcontractors shall not have any claim under this Agreement or othe1wise against City for seniority, vacation time, vacation pay sick leave, personal time off, overtime, health insurance medical care hospital care, insurance benefits1 social security, disability unemployment, workers compensation or employee benefits of any kind. Consultant ·hall be solely liable for and obligated to pay directly all applicable taxes, fees, contributions, or charges applicable to Consultant's business including but not limited to, federal and state income taxes. City shall have no obligation whatsoever to pay or withhold any taxes or benefits on behalf of Consultant. Should any court, arbitrator, or administrative authority, including but not limited to the Califomia Public Employees Retirement System (PERS) the Internal Revenue Service or the tate Employment Development Division, detennine that Consultant, or any of its employees, agents, or subcontractors, is an employee for any purpose, then Consultant agrees to a reduction in amounts payable under this Agreement, or to promptly remint to City any payments due by the City Completion of the Lawrence-Mitty Park and Trail Master Plan 3 of 11
Design Professional Agr (Single) / ctober 2021
a a result f such detem1inatiou, so that the City's total expenses under this Agreement are not greater than they would have been had the detetmination not been made.

5.7 Errors and Omis ions. Consultant is solely responsible for its en-ors and ontissions and those of -its sub-Consultants and must take prompt measures to avoid, mitigate and correct them at its sole expense.

6. PROPRIETARY/CONFIDENTIAL INFORMATION
During the Contract Time, Consultant may have access to private or confidential informatjon ovvned or controUed by the City which may contain proprietary or confidential details, the disclosure of which to third parties may be damaging to City. Consultant shall hold in confidence all City information and use it only to perform this Agreement. Consultant shall exercise the same standard of care to protect City information as a reasonably prudent Consultant would use to protect its own proprietary data.

7. OWNERSHIP OF MATERlALS

7.1 Property Rights. Subject to City meeting its payment obligations for the Services, any interest (including copyright intetests) of Consultant in any product memoranda, study, report map, plan drawing, specification, data, record, document, or other information or work, in any medium, prepared by Consultant under this Agreement ("Work Producf'), will be the exclusive property of the City upon completion of the work to be perfonned hereunder or upon termination of this Agreement to the extent requested by City. In any case. no Work Product shall be shown to a third-party without p1ior written approval by City

7.2 Copyright. To the extent pennitted by Title 17 of the U.S. Code, all copyrights to the Work Product prepared/created by Consultant and its sub~Consultants and all copyrights in such Work Product shall constitute City property. If it is determined under federal law that the Work Product is not '·works for hire " Consttltant hereby assigns to City all copyrights to the Work Product when and as created, and shall require sub-Consultants to do the same. Consultant may retain copyrights to its standard details, but hereby grants City a perpetual, non-exclusive license to use such details.

7.3 Patents and Licen es. Consultant must pay royalties or license fees required for authorized use of any third party intellectual property, including but not limited to patented trademarked, or copyiighted intellectual prope1ty if incorporated into the Services or Work Product of this Agreement.

7.4 Re-Use of Work Product. Unless prohibited by law and without waiving any rights, City may 11se or modify the Work Product of Consultant and its sub-Consultants to execute or implement any of the following. but Consultant shall not be responsible or liable for City's re-use of Work Product:
(a) For work related to the original Services for which Consultant was hired; (b) To complete the original Services with City personnel, agents or other Consultants; (c) To make subsequent additions to the original Services; and/or (d) For other City projects.

7.5 Deliverables and Format. Electronic and hard copies of the Work Product constitute part of the Deliverable required under this Agreement, which shall be provided to City on recycled paper and copied on both sides except for one single-sided original. Large-scale architectural plans and similar Completion of the Lawrence-Mitty Park and Trail Master Plan 4 of 11
Design Professional Agr Single) I October 202 l
items must be in CAD and PDF formats, and unless otherwise specified, other documents must be in Microsoft Office applications and PDF fonnats.

8. RECORDS

8.1 Consultant must maintain complete, accurate, and detailed accounting records relating to the Services and Compensation in accordance with generally accepted accounting principles and procedures. The records must include detailed information about Consultant's performance benchmarks, and deliverables. The records and supporting documents must be kept separate from other files and maintained for a period of four (4) years from the date of City's final payment.

8.2 Consultant will provide City full access to Consultant's books and records for review and audit, to make transcripts or copies, and to conduct a preliminary examination of all the work, data documents, proceedings and activities related to this Agreement. If a supplemental examination or audit of Consultant's records discloses non-compliance with appropriate internal financial controls, a contract breach, or a failure to act in good faith, City will be entitled to recover from Consultant the costs of the supplemental examination. If this is a lump sum fee Agreement, City will be provided access to records ofreimbursable expenses and the instruments of service/deliverables for review and audit. T1tis Section 8 sm-vives the expiration/termination of this Agreement.

8.3 Consultant acknowledges that certain documents generated or received by Consultant in connection with the perfonnance of this Agreement, including but not limited to correspondence between Consultant and any third party are public records under the California Public Records Act, California Government Code section 6250 et seq. Consultant shall comply with all laws regarding the retention of public records and sha11 make such records available to the City upon request by the City, or in such manner as the City reasonably directs that such records be provided.

9. ASSIGNMENT
Consultant shall not assign, sublease, hypothecate, or transfer this Agreement or any interest therein, directly or -indirectly, by operation of law or otherwise, without p1ior written consent of City. Any attempt to do so will be null and void. Any changes related to the financial control or business nature of Consultant as a legal entity will be considered an Assignment subject to City approval, which shall not be unreasonably withheld. For purposes of this provision control means fifty percent (50%) or more of the voting power of the business entity. This Agreement binds Consultant its heirs, successors and assignees.

10. PUBLICITY/ SIGNS
Any publicity generated by Consultant for the project under this Agreement, during the tenn of this Agreement and for one (1) year thereafter will 1·eference the City's contributions in making the project possible. The words 'City of Cupe1iino'~ will be disp1ayed in a11 pieces of publicity, including flyers press releases, posters, brochures, public service announcements, interviews, and newspaper articles. No signs may be posted, exhibited, or displayed on or about City property except signage required by law or this Agreement, without prior written approval from the City.

11. INDEMNIFICATION

1.1 To the fullest extent allowed by law and except for losses caused by the sole or active Completion of the Lawrence-Mitty Park and Trail Master Plan 5 of 11
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negligence or willful misconduct of City personnel, Consultant agrees to indemnify, defend, and hold harmless the City as follows:
a. Indemnity for Design Professional Liability: With respect to the performance of design professional services by a design professional as defined in California Civil Code Section 2782.8 to the fullest extent permitted by law Consultant shall indemnify and hold harmless City its officers, officials, agents employees, and volunteers (collectively and/or individually "City") from and against any and all liabilities claims, damages, losses, costs, or expenses (including, without limitation costs attorneys' fees, and expert fees of litigation and alternative dispute resolution) of every nature to the extent arising out of pertaining to or relating to the negligence, recklessness, or willful misconduct of Consultant or any of its officers, employees servants. agents or subcontractors (collectively and/or individually "Consultant") in the performance of this Agreement or failure to comply with any obligations of the Agreement. Ifit is finally determined (through a non-appealable judgment or an agreement between City and Consultant) that liability is caused by the comparative negligence or willful misconduct of City then Consultant s indemnification and hold harn1less obligation shall not exceed Consultant's finally determined percentage of liability based upon the comparative fault of Consultant.

Irrespective of any language to the contrary in this Agreement, the Consultant has no duty to provide or to immediately pay for an up-front defense of City against unproven claims or allegations, but shall reimburse those litigation costs and expenses (including, without limitation, attorneys fees, and expe1i fees) incurred by the City to the extent caused by the negligence, recklessness, or willful misconduct of Consultant. In no event shall the cost to defend charged to Consultant exceed Consultant's proportional percentage of fault except as described in Section 2782.8(a) and (e) of the California Civil Code.
b. Claims Involving Intellectual Property. Consultant shall indemnify, defend, and hold harmless lndernnitees from and against any claim involving intellectual property, infringement, or violation of a United States patent right or copyright, trade secret, trademark, or service mark or other proprietary or intellectual prope1iy rights, which arises out of, pertains to, or relates to Consultant s negligence, recklessness or willful misconduct. Such costs and expenses will include reasonable attorney fees for legal counsel of City's choice, expert fees, and all other costs and fees of litigation.
c. Claims fot· Other Liability. Except as provided in subsections 11.1 (a) and (b), to the fullest extent pennitted by law Consultant shall hold harmless, defend (with counsel agreed to by City). and indemnify City and its officers, officials, agents, employees, and volunteers (collectively and/or individually "City" from and against any and all liability, claim Joss, damage, expense costs (including without limitation, costs, attorneys' fees, and expe1t fees oflitigation) of every nature arising out of, related to, or in connection with the performance of work hereunder by Consultant or any of its officers employees, servants, agents, or subcontractors, or the failure of the ame to comply with any of the obligations contained in this Agreement, except such loss or damage which was caused by the sole negligence or sole willful misconduct of the City.

Consultant's duty to defend applies immediately, whether or not liability is established. An allegation or determination that persons other than Contractor are responsible for the claim does not relieve Contractor from its separate and distinct obligation to defend as stated herein.

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ll.2 Consultant will assist City, at no additional cost, in the defense of any claim, dispute, or lawsuit arising out of this Agreement. Consultant's duties herein are not limited to or subject to the Contract Price, to Workers' Compensation claims or to the Insurance or Bond limits and provisions.

Nothing in this Agreement shall be construed to give rise to an implied right of indemnity in favor of Consultant against any Indemnitee.

11.3 Consultant agrees to pay the reasonable costs City may incur in enforcing this provision related to Consultant's indemnification duties, including reasonable attorney fees fees for legal counsel acceptable to City, expert fees, and all other costs and expenses related to a claim or counterclaim, a purchase order, another transaction, litigation or dispute resolution. Without waiving any rights, City may deduct money from Consultant's payments to cover moneys due to City.

11.4 Consultant agrees to obtain executed indemnity agreements with provisions identical to those .set forth here in this Section 11 from each and every subcontractor, or any other person or entity involved by, for, with, or on behalf of Consultant in the performance of this Agreement. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder.

11.5 This Section l 1 shall sw-vive expi1·ation or termination of this Agreement

12. INSURANCE
On or before the Contract Time commences Consultant shaU furnish City with proof of compliance with City Insurance Requirements, attached and incorporated here as Exhibit D. City will not execute the Agreement tmtil Consultant has submitted and City has reasonably approved receipt of satisfactory certificates of insurance and endorsements evidencing the type, amount, class of operations covered, and the effective and expiration dates of coverage. Alternatively, City may tenninate this Agreement or in its sole discretion purchase insurance at Consu1tanfs expense and deduct costs from payments to Consultant.

13. COMPLIANCE WITH LAWS

13.l General Laws. Consultant shall comply with all laws and regulations applicable to this Agreement. Consultant will promptly notify City of changes in the law or other conditions that may affect the Project or Consultant's ability to pe1form. Consultant is responsible for verifying the employment authorization of employees performing the Services, as required by the Immigration Refonn and Control Act, or other federal or state law, rule or regulation.

13.2 Labor Law . Consultant shaH comply with all labor laws applicable to this Agreement. If the Services include a "public works component Consultant must comply with prevailing wage laws under Labor Code Section 1 720 and other labor laws. To the extent applicable, Consultant must comply with City's Labor Compliance Program and with state labor laws pertaining to working days, overtime, payroll records and DIR Registration and Oversight. If the Contract Price is $30,000 or more, Consultant must comply with the apprenticeship requirement in Labor Code Section 1777.5.

13.3 Discrimination Laws. Consultant shall not discriminate on the basis of race, religious creed, color, ancestry, national otigin ethnicity, handicap, disability, ma1ital status, pregnancy age sex gender sexual orientation, gender identity Acquired-Immune Deficiency Syndrome (AIDS), or any other protected classification. Consultant shall comply with all anti-disc1iminatiou laws, including Completion oft.he Lawrence-Mitty Park and Trail Master Plan 7 of I I
Design Professional Ag,r (Single) / October 2021
Government Code Section 12900 and 11135, and Labor Code Section. 1735, 1777, and 3077.5.

Consistent with City policy prohibiting it, Consultant understands that harassment and discrimination by Consultant or any of its sub-Consultants toward a job applicant an employee, a City employee, or any other person is strictly prohibited. Consultant agrees to provide records and documentation to the City on request necessary to monitor compliance with this provision.

13.4 Conflicts of Interest. Consultant shall comply with all conflict of interest laws and regulations applicable to this Agreement and must avoid any conflict of -interest. Consultant warrants that no public official, employee, or member of a City board or commission who might have been involved in the making of this Agreement, has or will receive a direct or indirect financial interest in this Agreement in violation of California Government Code Section l 090 et seq. Consultant may be required to file a conflict of interest fonn if Consultant makes ce11ain governmental decisions or serves in a staff capacity, as provided in Section 18700 of Title 2 of the California Code of Regulations and other laws. Services may only be performed by persons who are not employed by City and who do not have any contractual relationship with City, with the exception of this Agreement. Consultant is familiar with and agrees to abide by the City s rules governing gifts to public officials and employees.

13.5 Remedies. A violation of this Section 13 constitutes a material breach and may result in City uspending payments, requiring reimbursement, or tenninating this Agreement. City reserves all its rights and remedies under law and this Agreement, including the right to seek indemnification under Section 11. Consultant agrees to indemnify, defend, and hold City harmless from and against any loss, liability, and expenses arising from noncompliance with this Section.

14. PRO,JECT COOR DIN A TTON

14.1 City Project Manager. The City's Project Manager for all purposes under this Agreement will be Lisa Cameli, who shall have the authority to manage this Agreement and oversee the progress and performance of the Services. City in its sole discretion may substitute another Project Manager at any time and will advise Consultant of the new representative.

14.2 Consultant Project Manager. Subject to Citfs reasonable approval, Consultant's Project Manager for all purposes under th.is Agreement will be Steven Lang, who shall be the single representative for Consultant with the authority to manage compliance with this Agreement and oversee the progress and performance of the Services. This includes responsibility for coordinating and scheduling the Services in accordance with City instructions, service orders and the Schedule of Performance, and providing regular updates to the City's Project Manager on the Project status progress and any delays. City written approval is required prior to Consultant substituting a new Project Manager, which shall result in no additional cost to City or Project delays.

15. ABANDONMENT OF PROJECT
City may abandon or postpone the Project with thirty (30) calendar days written notice to Consultant.

Consultant will be compensated for satisfactory Services performed through the date of abandonment and will be given reasonable time to assemble the work and close out the Services. o close out work shall be conducted without City reasonable approval of closure costs, which may not exceed ten percent (10%) of the total time expended to tl1e date of abandonment. All charges including job closure costs will be paid in accordance with the provisions of this Agreement and within thirty (30) days of Consultant's final invoice reasonably approved by the City.

Completion of d1e Lawrence-Mitty Park and Trail Ma ter Plan 8 of 11
Design Professional Agr ( iogle) / October 2021

16. TERMINATION
City may terminate this Agreement for cause or without cause at any time, following reasonable written notice to Consultant at least thirty (30) calendar days prior to the tennination date. Consultant will be paid for satisfactory Services rendered through the date of termination, but final payment will not be made until Consultant closes out the Services and delivers aJ\ Work Product to City. All charges approved by City including job closure costs will be paid within thirty (30) days of Consultant's final invoice.

17. GOVERNING LAW, VENUE, AND DISPUTE RESOLUTION
This Agreement is governed by the laws of the State of California, excepting any choice of law rules which may direct the application of laws of another j urisdiction. Any lawsuits filed related to this Agreement must be fi led with the Superior Court for the County of Santa Clara, State of Califomia.

Consultant must comply with the claims filing requirements under the Government Code prior to filing a civil action in court against City. The Agreement and obligations of the parties are Sl.lbject to all valid laws, orders rnles, and regulations of the authorities having jurisdiction over this Agreement ( or the successors of those authorities). If a dispute arises, Consultant must continue to provide the Services pending resolution of the dispute. If the Partjes 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. This Section 18 survives tbe xpiration/termination of this Agreement.

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 any breach shall not be deemed to constitute waiver of another term, provision, covenant, or condition or a subsequent breach, whether of the same or a different character

21. ENTIRE AGREEMENT
This Agreement represents the full and complete understanding of the Parties, of every kind or nature, and supersedes any and all other agreements and understandings either oral or written between them. Any modification of this Agreement will be effective only if in Wliting and signed by each Party s authorized representative. No verbal agreement or implied covenant will be valid to amend or abridge this Agreement. If there is any inconsistency between any term, clause, or provision of this main Agreement and any tenn clause or provision of the attaclunents or exhibits thereto the te1ms of the main Agreement shall prevail and be controlling.

Completion of the- Lawrence-Mitty Park and Trail Master Plan 9 of l 1
De ign Professional Agr (Single) / October 202 I

22. INSERTED PROVISIONS
Each contractual provision or clause that may be required by law is deemed to be included and will be mferred in this Agreement. Either party may request an amendment to cure any mistaken insertion or omission of a required provision.

23. HEADINGS
The headings in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit, or amplify the terms or provisions of tllis Agreement.

24. SEVERABILITY/PARTIAL INVALIDITY
If any term or provision of this Agreement, or their application to a paiiicular situation, is found by the court to be void invalid, illegal or unenforceable, such tenn or provision shaJI remain in force and effect to the extent allowed by such ruling. All other tenns and provisions ofthis Agreement or their application to specific situation shall remain in full force and effect.

25. SURVIVAL
All provisions which by their nature must continue after the Agreement ends, including without limitation those referenced in specific Sections herein survive this Agreement and shall remain in full force and effect.

26. NOTICES
AJl notices, requests, and approvals must be sent to the persons below in writing to the persons below, and will be considered effective on the date of personal delivery, the delivery date confirmed by a reputable overnight delivery service, on the fifth calendar day after deposit in the United States Mail, postage prepaid registered or certified, or the next business day following electronic submission:

To City of Cupertino:

Office of the City Manager
I 0300 Torre Ave.

Cupertino CA 95014
Attention:Lisa Cameli
Email: [email protected]

27. EXECUTION
To Consultant:

MIG, Inc
2055 Junction Ave, Suite 205
San Jose, CA 95131
Attention: Steven Lang
Email: [email protected]
The person executing this Agreement on behalf of Consultant represents and waiTants that Consultant has the right, power, and authority to enter i.nto this Agreement and carry out a11 actions herein and that he or she is authorized to execute this Agreement, which constitutes a legally binding obligation of Consultant. This Agreement may be executed in coW1terparts, each one of which is deemed an original and all of which taken together, constitute a single binding instrument.

Completion of the Lawrence-Mitty Park and Trail Master Plan 10 of! l
Design Professional Agr (Single) / October 202 J
IN WITNESS WHEREOF the parties have caused the Agreement to be executed on the Effective Date stated earlier in this Agreement.

CITY OF CUPERTINO
A Municipal Corporation
By z;,,,,,,,,.,,..,, 7M-~,,.

Name Dianne Thompson (she/her)
Title Acting City Manager
Date Dec 9, 2021
APPROVED AS TO FORM:
cit,;,~ D . .J8-11MHv
CHRISTOPHER 0. JENSEN
Cupertino City Attorney
ATTEST:

KIRSTEN SQUARCIA
City Clerk
Date Dec 9, 2021

MIG,INC
By Cltt-}Br--
Narne Chris Beynon
Title Vice President/ Chief Development Officer
Date Nov 24, 2021
Completion of the Lawrence-Mitty Park and Trail Ma ter Plan 11 of I 1
Design Professional Agr (Single) / October 2021

EXHIBIT A
11 Lawrence Mitty Park and Trail Master Plan, Cupertino, CA Scope of Work
November 17. 2021
MIG has prepared the following Scope of Work to illustrate how we will faci litate successful completion of the Lawrence Mitty Park and Trail Master Plan project. This scope captures and clarifies assumptions of the tasks incorporated in the attached Fee Proposal spreadsheel The details are based on our understanding of the project requirements stated in the City of Cupertino's ("the City") Lawrence Mitty Park and Trail Master Plan RFQ, dated August 12.2021, and Addenda. In the tasks listed below, meetings are expected to be virtual except when noted otherwise. Meeting notes allow for one set of revisions to incorporate City input per meeting notes.

Project Understanding
The City wishes to develop a Park and Trail Master Plan for the Lawrence-Mitty site ("Master Plan"), located on the east side of Cupertino between the Lawrence Expressway and Saratoga Creek. as shown in the RFQ. The purpose of the Master Plan Is to determine how to best meet the future recreation, trail, and open space needs of citizens through enhancement of the site. Additionally. there is the intent to connect the Saratoga Creek Trail through the Lawrence·Mltty site to San Jose and Santa Clara to the North. The Master Plan process will result in a conceptual design for a premier park with recreation activities that will attract and accommodate all residents. The City envisions a destination that provides all ages, but especially children, with a memorable experience of outdoor play, exercise, and educational opportunitfes while providing much-needed open space to the east side of CuperJno, which is underseNed in terms of park space and recreational opportunity. The resulting Master Plan will also provide an exciting and inviting space for all age groups through an extension of the Saratoga Creek walking and biking trail.

The comprehensive Master Plan will provide technical analysis of the site as described below, Identify community values and needs, align with the City's 2020 Parks and Recreation System Master Plan and result in a ready-toimplement vision for the Lawrence Mitty park site. The City Council-approved conceptual design and report wifl be used to guide future recreational and programmattc decisions and capital improvement planning for the site.

PHASE 1 -EXISTING CONDITIONS AND TECHNICAL ANALYSIS

1.1 Project Kick-Off Meeting and Wotk Plan
The project kick-off meeting will include City staff. MIG's Project Manager (PM), and key personnel within each designated specialty to discuss design objectives, issues. and a draft work plan. Following the kick-off, MIG wi ll develop a detailed work plan with roles. responsibilrties, and schedule; prepare a data request; and coordinate a site vfsit.

Deliverables:
• Kick-off Agenda
• Kick-off Notes
• Draft Work Plan and Schedule
• Final Work Plan and Project Schedule (PDF)
1 EXHIBIT A

1.2 Community Engagement Initial Planning
MIG wiU review existing input from the 2020 Parks and Recreation System Master Plan and 2017 community site walk.

We will collaborate with City staff to identify stakeholders and prepare for outreach.

Deliverables:
• Communications Plan including schedule (PDF, Draft and Final)

1.3 Evaluate Existing Conditions Information
The MIG Team will review existing conditions information and additional background documents noted in the RFO.

BKF will evaluate existing Utilities and easements, hydrologic information, and adequate suNey info, and alert the City if there is a need for any additional information.

Deliverables:
• Summary report of site-specific findings and jurisdictional regulations that may impact or influence the final conceptual design for the Master Plan including specifics per the RfQ_ • Summary of how the proposed Master Plan conforms to Citywide Parks Goa1s and Regulations as well as requirements of other jurisdfctions.
• Summary of revlew of existing ATLA/NSPS Land Survey and verification of site improvement and topo accuracy or statement of inconsistencies with fee proposal for corrections. • Summary of the MIG Team's research and understanding of existing on-site and adjacent utilities, easements, and hydrologic information. Includes assessment of any potential impacts on site design concepts.

1.4 Te-am Site Tour
In collaboration with City staff, the MIG Team will meet at the site to walk the park and trail. observing specific concerns and discussing questions.

Deliverables:
• Meeting notes from Site Tour

1.5 Transportation Study
Hexagon Transportation Consultants will prepare a short vehicle miles travelled (VMT) project screening memo to describe how the project would be screened out of a full VMT analysis under the City's criteria. He;,cagon will also analyze the potential multi-modal/pedestrian safety impacts of the park and trail project Deliverables:
• VMT Screening and Multimodal/Pedestrian Safety Impacts Memo

1.6 Phase I ESA Update and Phase II Investigation
Cornerstone will prepare a Phase I Environmental Site Assessment (ESA) Update, a Phase II Soil Quality Evaluation, and a Health and Safety Plan for personnel conducting earthwork activities at the site prior to the initiation of the Phase II soil sampling. Meeting attendance Will be charged on a time and materials basis.

Deliverables:
• Meeting Notes from meeting documenting approach and decisions for further environmental analysis. • Summary of full review of existing Environmental Reports for the site. • List of any proposed additronal testing locations and purpose of sampling • Draft and Final Phase II Environmental Site Assessment Report for City review and approval • Completion of a Phase Ill ESA if requested by the City and recommended in the Phase II ESA (Scope and fee to be negotiated after Phase II ESA is complete)
2 EXHIBIT A
l7 Acoustical Assessment for Noise Reduction
MIG will prepare a technical noise report that summarizes the existing ambient noise environment at the project site (based on measurements and modeling results), the ambient environment that could exist under three different sound attenuation options at the site, and preliminary recommendations for recreation options based on reduced noise levels. MIG's approach to completing the noise report (i.e., the protocol) Will be summarized in a technical memorandum for City approval after MIG has discussed various modeling options with the City during a kick-off call.

Noise reduction measures will be integrated into the final conceptual design and final Master Plan report.

Deliverables:
• Technical noise memorandum for protocol for review and acceptance (withfn two weeks of kick-off call) • Draft Noise Report (PDF. within five weeks of protocol approval) • Final Noise Report

1.8 Biological Resources Report
MIG biologists will prepare a stand-alone B1ological Resources Report that will include a Jurisdictional Delineation.

These reports wlll be used to inform the project design and as supporting documentation for the CEQA analysis and any future resource agency permits that may be required for the project.

Deliverables:
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Biological Resources Report
Jurisdictional Delineation

1.9 Tree Survey and Condition Assessment
SBCA Tree Consulting will perform an assessment of on-site trees including an evalLiation of tree size and health, tree site location, Identification of structural defects, pruning needs, and pests. Work will include one (1) pre-inventory meeting with the City Project Manager and Arborist.

Deliverables:
• Draft and final copy of proposl;:'d tree inventory methodology and attributes to be collected for City review and approval.
• One (1) PDF copy and one (1) AutoCAD version 2019 or newer copy of tree survey overlayed onto the existing 2020 topographic survey within the project area at 1"= 20' scale. • One (1) PDF of Arborist Report on trees, potential construction impacts and recommendations to be Integrated into the final Master Plan Report.

1.10 Site Environmental Summary Report
MIG. along With consultant expertise, Wil l synthesize ffndlngs into an Environmental Summary Report (to JnclLide a brief summary of all of the above reports) and Opportunlties and Challenges Diagrams for use In future community meetings.

Deliverables:
• Environmental Summary Report (PDF)
• Opportunities and Challenges Diagrams (PDF)

1.11 City Meeting: Review Phase I Findings
The City and MIG will meet to review technical analysis and findings_ We Will also discuss emerging site possibilities and the team's approach to community input moving forward .

1.12 Phase 1 City Coordination and Project Management
MIG's PM and the City will hold weekly update ca lls with additional project team members attending periodically

EXHIBIT A
Deliverables:
• Meeting Notes highlighting key decisions
PHASE 2 - COMMUNITY VISION

2.1 Public Survey and Analysis
Initial planning for the survey will occur early in Phase 1. At that time the City and MIG will discuss the workplan and confirm If this survey may launch before the technical analysis is 100% complete. MIG will develop the public internet survey, along with graphics for print materials for use by the City to distribute by US Mail. MIG wlll also provide additional advice on outreach and publicity to reach nearby residents. and will develop a poster or a street decal with a QR code to be posted in and around the project area. The City will assist with placing posters. MIG will compile results from the survey in an easy-to-digest analysis for the City. The City and MIG will meet to review findings and inform next outreach steps.

Deliverables:
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Updated Communications Plan including schedule
Draft Community Survey for City staff comment
Final Commun;ty Survey to be distributed to the public
Development of poster or street decal with OR code to publ1dze survey Outreach advice on reaching neighbors regarding the survey Survey Analysis
Meeting Notes highlighUng key decisions and next steps

2.2 Develop Graphics and Outreach Tools
Using the knowledge gained from Phase 1 and the public survey, MIG will develop graphics and tools for community input. We will summari2e important site information from Phase 1 for the community and elf cit feedback in multiple ways. Methods will be determined in collaboration with the City and may include options such as interactive polling, shared Mural boards. and breakout groups, along with prfnted materials for in-person feedback.

Deliverables:
• Draft Graphics for Review (PDF)
• Final Graphics (PDF for one zoom meeting, large-size prints for one on-site open house)

2.3 Community Meetings (2)
MIG will organize and present at two (2) community meetings to solicit additional fnput on the community's interests. clarify community priorities, and to help gufde development of the three design alternatives. To encourage more input and respond to both the pandemic and varying schedules, we propose one meeting via Zoom and one outdoor in-person casual open-house event/site tour starting at Sterling-Barnhart Park. to allow the community to walk the currently fenced site.

Deliverables:
• Two (2) Community Meeting Agendas & Presentations
2A Community Pop-Up Events (2)
MIG will organize and present at two (2) community pop-up events to solicit additional input from key stakeholder groups identified earlier in Phase 1. Examples include a table at a Farmer's Market or School. joining a neighborhood block meeting, or similar style event. The Intent of these events is to solicit input from additional park users, or future users, by going to them.
4 EXHIBIT A
De/lverables:
• Printed materials for Two (2) Communify Pop-Ups

2.5 Synthesize Community Vision Results
Community meeting results, along with survey input, will be compiled by MIG into a summary report for review by the City and for use in upcoming Commission/Council presentations. MIG and the City will meet to review results and Inform next steps.

Deliverables;
• Analysis and Synthesis Report of public suNey and meeting findings • Meeting Notes highlTghting key decisions and next steps

2.6 Commissions and City Council Presentations: Initial Meeting MIG will prepare slideshows and present to the Parks and Recreation Commission, the Bicycle-Pedestrian Commission. Planning Commission. and City Counci l to receive feedback . The presentation will include a summary of input and priorities from the community meetings and survey responses.

Deliverables:
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Prepare draft slideshow presentation for City approval
Parks and Recreation Commission Agenda. Presentation, and Report Planning Commission Agenda, Presentation, and Report
Bicycle-Pedestrian Commission Agenda. Presentation, and Report City Council Study Session Presentation and Report

2.7 Develop Recommended Improvements and Programming
Incorporating community input and comments from the Commissions and Council. the MIG Team will develop a set of recommended improvements and programming for the Lawrence-Mitty site. The City and MIG will meet to review the recommendations and consider directions for the three alternatives Deliverables:
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Written Recommendations for Improvements and Programming Meeting Notes highlighting key ctecisrons and next steps

2.8 Phase 2 City Coordination and Project Management
MIG's PM and the City will hold weekly update calls with additional project team members attending periodically.

Deliverables:
• Meeting Notes highlighting key decisions
PHASE 3 - CONCEPTUAL DESIGN ALTERNATIVES

3.1 Develop Concept Alternatives and Costs
The MIG Team will create three (3) rough draft alternatives for initial review by the City that utilize planning studies and reports and incorporate community input, feedback from the City. and comments from the commission/council reviews. MIG will incorporate the City's consolidated input to fina lize three (3) final alternatives for presentation to the community and prepare a rough order of magnitude cost estimate for each. Each Conceptual Desfgn Alternative will include a colored plan with cal louts for program elements. Precedent images will be used to help the community envision the various program elements.
5 Deliverables:
• Conceptual Design Alternatives (PDF and 1 hard copy)
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Meeting Notes from Consultant and City staff design review of Draft Concepts 3 Conceptual Deslgn Alternatives (PDF)
Rough order of magnitude cost estimate tor each alternative (PDF and Excel)

3.2 Develop Graphics and Outreach Tools

EXHIBIT A
MIG will develop graphics and outreach tools to continue to engage the community, Commissions. and City Council for additional input as outllned in the RFO,
Deliverables:
• Draft Graphics for Review (PDF)
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Final Graphics (PDF for one Zoom meetrng, large-size prints for one on-site open house) Draft Mailer of 3 Conceptual Design Alternatives for City staff review (PDF) Final Postal Mailer of 3 Conceptual Design Alternatives to be sent to the public (PDF) 3-3 Community Meetings (2): Alternatives
MIG Will organize and present the three community-driven design alternatives for public input with tools designed to help the community arrive at one final plan. Final planning wHI be confirmed with the Clty, but is currently assumed to be one Zoom meeting and one in-person casual open house similar to Phase 2.

Deliverables:
• Two (2) Meeting Agendas and Notes from Alternatives Community Presentation and Feedback Meetings

3.4 Community Pop-Up Events (2)
MIG will organize and present at two (2) community pop-up events to solicit additional input from key stakeholder groups identified earlier in Phase 1. Examples include a table at a Farmer's Market or Schoo(. joining a nelghborhood block meeting, or similar style event. The Intent of these events is to solicit input from additional park users. or future users. by going to them.

Deliverables:
• Printed materials for Two (2) Community Pop-Ups

3.5 Analysis of Community Input
Community meeting results will be compiled into a summary report for review by the City and for use in upcoming Commission/Council presentations. MIG and the City Will meet to review results and direction prior to Commission/Council presentations.

Deliverables:
• Analysis and Synthesis Report of community input and meeting findings • Meeting Notes highllghting key decisions and next steps

3.6 Commissions and City Council Presentations (3): Alternatives MIG will prepare slideshows and present to the Parks and Recreation Commission. the Bicycle-Pedestrian Commission, and City Council to receive feedback. The presentation will include a summary of input and priorities from the community meetings.

De/iVerobles:
• Prepare draft slideshow presentation for City approval and final version 6 EXHIBIT A
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Parks and Recreation Commission Meeting Agenda. Presentation. and Report Blcycle-Pedestrian Commission Meeting Agenda, Presenta ion, and Report City Council Study Session Presentation and Report

3.7 Develop Preferred Conceptual Design Plan
MIG and the City will meet to discuss community input and Commission/Council feedback. recommendations, and direction for a Preferred Concept. This may be one chosen alternative or a combination of alternatives. MIG will produce a single Draft Conceptual Design for the site for review with the City and Incorporate feedback into the Final Conceptual Design.

Deliverables:
• Draft Conceptual Design Plan (PDF)
• Final Conceptual Design Plan (PDF)

3.8 Phase 3 City Coordination and Project Management
MIG's PM and the City wlll hold weekly update calls with additional project team members attending periodically.

Deliverables:
■ Meeting Notes highl1ghtfng key decisions
PHASE 4 - DRAFT AND FINAL MASTER PLAN

4.1 Develop Draft Master Plan Report
MIG will prepare a draft outline for the Lawrence-Mitty Park and Trail Master Plan. The approach and specific sections will be confirmed with the City. followed by creation of the fu ll draft for City review. The draft master plan will be the culmination of key elements of design, input provided by the public, site study findings, and the physical and j urisdictional constraints of the site. MIG and the City will meet to d1scuss the City's consolldated review comments and determine final edits.

Deliverables:
• Draft Lawrence-Mitty Park and Trail Master Plan (PDF) • Meeting Notes from Draft Master Plan Review Meeting with City staff

4.2 Present Draft Master Plan to Community
MIG recommends that the Draft Master Plan be posted on the City's website for comments due to the difficulty of reviewing a lengthy document in a public meeting. This can be followed by a Zoom Open House. including a brief summary presentation and plenty of time for questions and answers. We will be happy to make adjustments to this plan if the City prefers a different format
Deliverables:
• JPEGs of major maps and a PDF of the document for the City website • Draft and Final slldeshow
• Meeting Agenda ahd Notes from the Community Presentation/Meeting

4.3 Present Draft Master Plan to Commissions and City Council (4) MIG will present the Draft Master Plan to the Park and Recreation Commission. Bicycle-Pedestrian Commission.

Planning Commission and City Council for final input and consideration of minor edits . 7 EXHIBIT A
Deliverables:
• Draft and Final slideshow
• Meeting Agenda and Notes from each of the four (4) Presentations/Meetings

4.4 Finalize Master Plan
MIG will collect input from meeting reviews and incorporate edits from stakeholders as directed by the City. There will be one (1) Draft Master Plan revTew meeting with Oty staff to ensure all design and study elements are Incorporated pr1or to final Master Plan submittal.

Deliverables:
• Lawrence-Mitty Park and Trail Master Plan (2 printed/bound copies; 1 unbound copy; PDF)

4.5 Develop Cost Estimate and lmplementation/Phasin,g Timeline MIG will provide to the City, in a document separate from the Master Plan, a rough order of magnitude cost estimate for implementation of the final conceptual design, including the specifics noted in the RFQ. MIG will also submit a proposed implementation and phasing timeline for completion of the built infrastructure reflected in the adopted Master Plan.

Deliverables
• Rough Order of Magnitude Cost Estimate for Master Plan Implementation electronic (PDF and Excet) • Proposed Master Plan implementation and phasing timellne for site improvements wfth conslderatlon of timeline for jurisdictional permits or permissions in MS Project format. (PDF)

4.6 Present Final Master Plan to City Council for Acceptance MIG will present the Master Plan in collaboration with City staff to City Council for final approval, Which is required for adoption as City policy.

Deliverables:
• One (1) Meeting Agenda and Notes from the final Acceptance Meeting 4,7 Phase 4 City Coordination and Project Management
MIG's PM and the City will hold weekly update calls with additional project team members attending periodically.

Deliverables:
• Meeting Notes highlighting key declsions
PHASE 5 - CEQA
MIG assumes the project will qualify for an Initial Study/Mitigated Negative Declaration (15/MND) under CEQA and will prepare an analysis of the project according to the CEOA Guidelines and City of Cupertfno requirements. The final IS/MND will be presented to the City Council for adoption with the approval of the Master Plan.

5.1 Prepare Administrative Draft Initial Study
MIG will prepare and electronically submit for the City's review an Administrative Draft Initial Study. The submittal will Include copies of all technical studies.

Deliverables:
• Administrative Draft Initial Study
• Technical studies -Air quality/greenhouse gas emissions. biological resources, hazardous materials (Updated Phase I Environmental Site Assessment. lim1ted soil testing). transportation (VMT project screening and multimodal/pedestrian safety impact analysis memo) 8 EXHIBIT A

5.2 Prepare Public Draft Initial Study/Mitigated Negative Declaration MIG will address any comments from the City on the Administrative Draft IS and then produce a Screen Check document for final City approval. Once the Screen Check document is approved. MIG will prepare the Public Draft IS/MND for public circulation and a PDF versjon for the City to post on the City's website..

Deliverables:
• Screen Check IS
• Public Dra~ IS/MND for public circulation
• PDF Version Public Draft IS/MND for posUng on City's website

5.3 Prepare Final IS/MND, Mitigation Monitoring and Reporting Program, and Notice of Determination Following conclusion of the 30-day publlc review perrod, MIG wfll prepare the Administrative Draft and Screen Check Response to Comments documents that Will contain a summary of all comments received during the public comment period. responses to comments, and changes to the Draft IS text or errata as necessary. Concurrent with the preparation of the Response to Comments, MIG w111 finalize the Mitigation Monitoring and Reporting Program (MMRP) and prepare a Notice of Determination (NOD) for the City to finalize and submit to the County Clerk's office and the State Office of Planning and Research.

Deliverables:
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Administrative and Screen Check versions of Responses to Comments Flnal MMRP
Draft NOD
• Prepare any required documents containing findings and resolution for certification, public notice, and/or filing of environmental documents as needed,

5.4 Attend Public Meetings/Hearings
MIG's CEQA Director will attend one (1) remote community meeting held by the City (estimated at 2 hours) and two (2) remote public hearings. In addition to the public meetings and hearings, the MIG CEOA Director and CEOA Project Manager will attend one (1) remote CEOA kick-off meeting with City staff.

5.5 Phase 5 City Coordination and Project Management
MIG's CEOA Project Manager will be the primary pornt of contact for CEQA work and will keep the City apprised of project progress at key points. Weekly meetings are not anticipated in this phase.

Assumptions, Exclusions & Additional Services
The MIG team's assumptions for included scope and level of work effort are based on the scope of work outline in the RFQ. If a need arises in the Phase 1 analysis period for additional survey information or studies. beyond what is currently scoped, the City and MIG team will work together to determtne the corresponding effort and fee to deliver these additional scope items. All meetings, except where noted. are assumed to be remote via screen share. which enables more team members to participate efficiently. A single round of consolidated comments for each City review item is assumed.

Additional Services:

The MIG Team has a broad range of experience, skllls and services. The following is a non-exhaustive list of items that are not included in this scope but could be provided as additional services if they are needed or desired by the City:
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EXHIBIT A
Use of Maptionnaire is noted as an Optional Task/Additional Service. and could supplement the public survey task
Additional community engagement beyond the scoped items in the process (including digital advert1sement. intercept surveys. additional surveys/workshops/open houses/pop-up events).

Additional public meetings beyond the scoped 1tems in the process (including attending City Council meetings. public hearings, hearing examiner meetings, public open houses. and local association meetings).

City project team meetings beyond those listed
Add!tional design alternative drafts or renderings other than those listed .

Preparation of construction documents .

Preparation of special studies outside our scope of work .

Intensive research and testing to determine conditions of existing site utilities (i.e .. potholing, smoke testing, dye testing, pressure testing, fire flow testing, videotaping, etc.).

Utility Relocation Plans
Supplemental surveying services
Appeal. Design Exception. and Alternative Review applications .

SeMces related to future facilities and improvements .

Design of water capture/re-use systems. pump stations. sump pumps. or force mains for sanitary sewer or storm drainage systems, if required.

Design of systems to comply w1th or obtain LEED certification. including preparation of LEED documentation and addressing review comments from the USGBC.

Design for areas outside of the limits noted in the RFQ .

Value Engineering. lflhe MIG Team is needed to assist with VE and/or bid negotiations, it is available on a Time and Materials basis.

Project Scope Assumptions:
• CLIENT: 'The City' refers to the C1ty of Cupertino's Lawrence Mitty project team. •
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DELIVERABLES: Unless otherwise indicated. all deliverables will be provided in PDF format. Native files will be created in software selected at the consultant team's discretion. If the City desires printed copies or specific file formats, the MIG Team is happy to work with the City to develop a strategy that meets the project's budget and needs.

IN-PERSON MEETINGS. Team meetings and most community engagement events are assumed to be virtual with some limited outdoor engagement events where noted.

TRANSLATION: All documentation will be in English; however, as an additional service. the MIG Team can provide exhibits in other languages.

CONSOL/DA TED COMMENTS: The City will provide MIG with (1) set of vetted and consolidated comments from all parties/agencies in all tasks involving review and feedback.

PERMIT FEES: All permit fees and agency charges will be paid by others. if applicable .

OFFS/TE UTIL/T/ES/STREETIPARKING DESIGN. Offslte utility or street/parking design beyond the identified park and trail area is not included in this proposal.

ENVIRONMENTAL WORK: Floodplain, wetland, soil remediation or environmental work outside of what is noted is not included in this proposal.

CONSTRUCT/ON TESTING + INSPECTIONS· Not included.
10 City of Cupertino I Lawrence Mitty Master Plan & Trail

BKF SBCA
CORNER

STONE HEXAGON
Civil
Engineer/
Surveyor
Arborist Ph I+II
ESA Work
Transportation
Engineer
Phase and Tasks Hrs@ $225 Hrs@ $165 Hrs@ $165 Hrs@ $125 Hrs@ $110 PHASE 1: Existing Conditions & Technical Analysis
Project Kick-Off Meeting 3 $675 3 $495 2 $330 2 $250 $0 $0 $690 $780 $680 $3,900 $450 $450 $4,350 Work Plan & Schedule 2 $450 8 $1,320 2 $330 2 $250 $0 $0 $0 $0 $0 $2,350 $0 $2,350

1.2 Community Engagement Initial Planning 2 $450 4 $660 3 $495 16 $2,000 8 $880 $0 $0 $0 $0 $4,485 $0 $4,485

1.3 Evaluate Existing Conditions Information 3 $675 16 $2,640 $0 2 $250 10 $1,100 $0 $2,120 $0 $0 $6,785 $4,000 $4,000 $10,785

1.4 Team Site Tour $0 6 $990 $0 6 $750 6 $660 $0 $1,060 $0 $0 $3,460 $400 $400 $3,860

1.5 Prelim. Transportation Study $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $1,500 $1,500 $1,500

1.6 Phase I ESA Update and Phase II Investigation $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $17,275 $17,275 $17,275

1.7 Acoustical Assessment for Noise Reduction 1 $225 $0 $0 $0 $0 $0 $0 $11,205 $0 $11,430 $0 $537 $11,967

1.8 Biological Resources Report 1 $225 1 $165 $0 $0 $0 $0 $18,070 $0 $0 $18,460 $0 $18,460

1.9 Tree Survey & Condition Assessment $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $11,000 $11,000 $11,000

1.10 Site Environmental Summary Report 1 $225 8 $1,320 $0 $0 $0 $0 $0 $0 $390 $1,935 $1,000 $1,000 $2,935

1.11 City Meeting: Review Phase 1 Findings 1 $225 3 $495 1 $165 1 $125 $0 $0 $690 $0 $195 $1,895 $400 $400 $2,295

1.12 Phase 1 City Coordination & Project Management $0 24 $3,960 $0 $0 $0 $0 $0 $0 $0 $3,960 $0 $1,000 $4,960 Subtotal 14 $3,150 73 $12,045 8 $1,320 29 $3,625 24 $2,640 $0 $22,630 $11,985 $1,265 $58,660 $6,250 $11,000 $17,275 $1,500 $36,025 $1,537 $96,222 PHASE 2: Community Vision
Public Survey 1 $225 4 $660 2 $330 16 $2,000 20 $2,200 $0 $0 $0 $0 $5,415 $0 $5,415 Analysis of Survey Results 1 $225 2 $330 $0 6 $750 $0 $0 $0 $0 $0 $1,305 $0 $1,305

2.2 Develop Graphics & Outreach Tools $0 2 $330 $0 16 $2,000 16 $1,760 $0 $0 $0 $0 $4,090 $0 $4,090

2.3 Community Meetings (2) 4 $900 16 $2,640 $0 16 $2,000 $0 $0 $0 $0 $0 $5,540 $0 $800 $6,340

2.4 Pop-ups (2) $0 18 $2,970 $0 18 $2,250 8 $880 $0 $0 $0 $0 $6,100 $0 $800 $6,900

2.5 Synthesize Community Vision Results 2 $450 2 $330 $0 4 $500 4 $440 $0 $0 $0 $0 $1,720 $0 $1,720 Commissions & Council - Prepare Materials 2 $450 2 $330 $0 $0 8 $880 $0 $0 $0 $0 $1,660 $0 $1,660 Commissions & Council (4) - Present at Meetings 8 $1,800 10 $1,650 $0 $0 $0 $0 $0 $0 $0 $3,450 $0 $3,450

2.7 Develop Recommended Improvements and Programming 1 $225 8 $1,320 2 $330 1 $125 $0 $0 $0 $0 $0 $2,000 $0 $2,000

2.8 Phase 2 City Coordination & Project Management $0 30 $4,950 $0 $0 $0 $0 $0 $0 $0 $4,950 $0 $500 $5,450 Subtotal 19 $4,275 94 $15,510 4 $660 77 $9,625 56 $6,160 $0 $0 $0 $0 $36,230 $0 $0 $0 $0 $0 $2,100 $38,330 PHASE 3: Conceptual Design Alternatives

3.1 Develop Three Concept Alternatives & Costs 6 $1,350 12 $1,980 $0 $0 36 $3,960 $0 $0 $0 $0 $7,290 $3,000 $3,000 $10,290

3.2 Develop Graphics & Outreach Tools 1 $225 2 $330 $0 16 $2,000 16 $1,760 $0 $0 $0 $0 $4,315 $0 $4,315

3.3 Community Meetings (2): Alternatives 2 $450 16 $2,640 $0 16 $2,000 $0 $0 $0 $0 $0 $5,090 $0 $800 $5,890

3.4 Pop-ups (2) $0 18 $2,970 $0 18 $2,250 8 $880 $0 $0 $0 $0 $6,100 $0 $800 $6,900

3.5 Analysis of Community Input 1 $225 2 $330 $0 6 $750 12 $1,320 $0 $0 $0 $0 $2,625 $0 $2,625 Commissions & City Council - Prepare Materials 2 $450 2 $330 $0 $0 8 $880 $0 $0 $0 $0 $1,660 $0 $1,660 Commissions & Council (3) - Present at Meetings 6 $1,350 8 $1,320 $0 $0 $0 $0 $0 $0 $0 $2,670 $0 $2,670

3.7 Develop Preferred Conceptual Design Plan 2 $450 6 $990 $0 $0 16 $1,760 $0 $0 $0 $0 $3,200 $1,000 $1,000 $4,200

3.8 Phase 3 City Coordination & Project Management $0 30 $4,950 $0 $0 $0 $0 $0 $0 $0 $4,950 $0 $500 $5,450 Subtotal 20 $4,500 96 $15,840 0 $0 56 $7,000 96 $10,560 $0 $0 $0 $0 $37,900 $4,000 $0 $0 $0 $4,000 $2,100 $44,000 PHASE 4: Draft & Final Master Plan

4.1 Develop Draft Master Plan Report 4 $900 24 $3,960 6 $990 $0 24 $2,640 $4,000 $0 $0 $0 $12,490 $800 $800 $13,290 Develop Graphics for Community & Commissions $0 2 $330 $0 4 $500 16 $1,760 $0 $0 $0 $0 $2,590 $0 $2,590 Community Meeting(1) : Draft Master Plan $0 4 $660 $0 4 $500 4 $440 $0 $0 $0 $0 $1,600 $0 $1,600

4.3 Commissions & City Council (4): Draft Master Plan 8 $1,800 10 $1,650 $0 $0 $0 $0 $0 $0 $0 $3,450 $0 $3,450

4.4 Finalize Master Plan 4 $900 24 $3,960 6 $990 $0 24 $2,640 $1,000 $0 $0 $0 $9,490 $0 $800 $10,290

4.5 Cost Estimate & Implementation/Phasing Timeline 2 $450 8 $1,320 $0 $0 8 $880 $0 $0 $0 $0 $2,650 $600 $600 $3,250

4.6 Present Final Master Plan to City Council for Acceptance 4 $900 $0 $0 $0 $0 $0 $0 $0 $0 $900 $0 $900

4.7 Phase 4 City Coordination & Project Management $0 30 $4,950 $0 $0 $0 $0 $0 $0 $0 $4,950 $0 $500 $5,450 Subtotal 22 $4,950 102 $16,830 12 $1,980 8 $1,000 76 $8,360 $5,000 $0 $0 $0 $38,120 $1,400 $0 $0 $0 $1,400 $1,300 $40,820 e s t i m a t e d p r o j e c t c o s t
MIG, Inc. Subconsultants
Professional Fees
Totals
Steve
Lang
Jan
Eiesland
Cindy
Mendoza
Myrna
Ortiz Direct
Costs MIG
Totals
Sub
Totals
Principal-inCharge/
Landscape
Architect
CEQA
TEAM
NOISE
Assessment BIOLOGY Report Project Manager/
Landscape
Architect
Landscape
Designer
Project
Associate

GRAPHICS
(Master Plan
Report)
Planner/
Master Plan
Advisor
Community
Outreach Specialist
(Simplified for clarity, hourly assumptions available)

1.1 2.1

2.6 3.6

4.2 MIG, Inc. City of Cupertino - Lawrence Mitty Master Plan Fee Proposal City of Cupertino I Lawrence Mitty Master Plan & Trail

BKF SBCA
CORNER

STONE HEXAGON
Civil
Engineer/
Surveyor
Arborist Ph I+II
ESA Work
Transportation
Engineer
Phase and Tasks Hrs@ $225 Hrs@ $165 Hrs@ $165 Hrs@ $125 Hrs@ $110 e s t i m a t e d p r o j e c t c o s t
MIG, Inc. Subconsultants
Professional Fees
Totals
Steve
Lang
Jan
Eiesland
Cindy
Mendoza
Myrna
Ortiz Direct
Costs MIG
Totals
Sub
Totals
Principal-inCharge/
Landscape
Architect
CEQA
TEAM
NOISE
Assessment BIOLOGY Report Project Manager/
Landscape
Architect
Landscape
Designer
Project
Associate

GRAPHICS
(Master Plan
Report)
Planner/
Master Plan
Advisor
Community
Outreach Specialist
(Simplified for clarity, hourly assumptions available)
PHASE 5: CEQA

5.1 Prepare Administrative Draft Initial Study 1 $225 $0 $0 $0 $0 $0 $0 $0 $31,015 $31,240 $5,000 $5,000 $700 $36,940

5.2 Prepare Public Draft Initial Study/Mitigated Negative Declaration 2 $450 $0 $0 $0 $0 $0 $0 $0 $6,525 $6,975 $0 $6,975

5.3 Prepare Final IS/MND, MMRP, and Notice of Determination 1 $225 $0 $0 $0 $0 $0 $0 $0 $8,020 $8,245 $0 $1,742 $9,987

5.4 Attend Public Meetings/Hearings $0 $0 $0 $0 $0 $0 $0 $0 $6,390 $6,390 $0 $6,390

5.5 Phase 5 City Coordination & Project Management $0 $0 $0 $0 $0 $0 $0 $0 $10,800 $10,800 $0 $500 $11,300 Subtotal 4 $900 0 $0 0 $0 0 $0 0 $0 $0 $0 $0 $62,750 $63,650 $0 $0 $0 $5,000 $5,000 $2,942 $71,592 79 $17,775 365 $60,225 24 $3,960 170 $21,250 252 $27,720 $5,000 $22,630 $11,985 $64,015 $234,560 $11,650 $11,000 $17,275 $6,500 $46,425 $9,979 $290,964 5% Markup (Direct Costs/Administrative) $2,321 $499 $2,820 $293,784
Optional Tasks
Use of Maptionnaire for Survey $3,980
Site Survey by BKF (if need arises, Cost TBD by scope) TBD Additional Environmental Expertise (if need arises, Cost TBD by scope) TBD Optional Tasks Subtotal TBD

TOTAL PROJECT COSTS

SUBTOTAL
MIG, Inc. City of Cupertino - Lawrence Mitty Master Plan Fee Proposal

I I I I
Project Schedule- Exhibit B II m
1 2022 2023
-, . . . . -. • . . - ..

Phase~: Existing Conditions and Technical Analysis

1.1 Proiect Kick-Off MeetinQ l•I I I I
Work Plan and Schedule • I

1.2 Community Enqaqement Initial PlanninQ • I

1.3 Evali.1ate Existfnq Conditions Information • 1.4 Team Site Tour • I

1.5 Transportation Study • 1.6 Phase I ESA Uodate and Phase II lnvestiqation • 1.7 Nois'e Analvsis Reoort - • 1.8 BioloQical Resources Report • - - 1.9 Tree Survev and Condition Assessment - • 1.10Site Environmental Summarv Reoort • 1.11 Citv Meetina: Review Phase 1 Findinas • ' 1.12 Phase 1 City Coordination and Project Management I I I Phase:li2: Community Vision -....
-~ 3 2.1 Pubic Survev •• iln~ll,eie nf """""' R1>~11 II~

2.2 Develop Graohics and Outreach Tools 7 3 Communitv Meetinm: 121 --
l•u
ll..e.Q_p-Uos 121 r -~
7 i:; Svnthesi11> Comm11nitv Vi~inn Doe11lt5 • 2.6 Commissions and Council - Preoare Materials Commissions and Council 141 - Present at Meetinas
-
•••• 2.7 Develoo Recommended lmorovements and Proarammina •• 2.8 Phase 2 City Coordination and Project Management I I I I Phase 3: Conceptual Design Alternatives

3.1 Develoo Three Conceot Alternatives and Costs .. •• • 3.2 Develoo Graohics and Outreach Tools !!I It

3.3 Communitv Meetinos 121: Alternatives .... 3.4 Pon-Ups (21 I:

3.5 Analvsis of Communitv In out • 3.6 Commissions and Citv Council - Preoare Materials ICommissions and Council 131 - Present at Meetinos • •• 3.7 Develon Preferred Concentual Desinn Plan 3 .8 Phase 3 Citv Coordination and Proiect Manaaement I I --··~· I -· I , Phase 4: Draft and Final Master Plan I

4.1 Develop Draft Master Plan Report 1••«• •• I I I ' - -

4.2 Develoo Graohics for Communitv and Commissions

4.3 Co
Com
rnmunitv
missions
MeetinQ
and Citv
(11:

Council
Draft Master
141: Draft
Plan
Master Plan
--•••• c, y

4.4 Finalize Master Plan
·-· l""r n ii

4.5 Cost Estimate and Implementation/Phasing Timeline -· Ahn 01 al

4.6 Present Final Master Plan to Citv Council for Acceotance • 4.7 Phase 4 City Coordination and Project Management I I I . Phase 5: CEQA I I

5.1 Preoare Administrative Draft Initial Studv
-

5.2 Preoare Public Draft Initial Study/MitiQated NeQative Dedaration . . . .. . 5.3 Pre0are Final IS/MND MMRP and Notice of Determination • • ,1~.. r

5.4 Attend Public Meetings/Hearings

5.5 Phase 5 Citv Coordination and Proiect Manaqement I I I I I II - MIG Task - Outreach Activity • Document Deliverable • Meeting "For clarity, only Significant Review Meetings are Shown City of Cupertino I Lawrence-Milly Park and Trail Master Plan EXHIBIT C: Hourly Rates and Reimbursable Expenses
Lawrence Mitty Park and Trail Master Plan, Cupertino, CA Unless specified otherwise, 'invokes are submitted monthly showing time and charges for professional services by staff category and a separate figure for expenses. Invoices are payable upon receipt. Invoices unpaid past 30 days are subject to interest at 1-1/2% per month. MIG Inc. labor includes all overhead.

Hourly rates by position are noted below:

Role
Principal-in-Charge
Project Manager
Landscape Designer
Community Outreach Specialist
Project Assistant
Planner/Master Plan Advisor
CEQA/Environmental, Principal
CEQA/Environmental, Director
CEQA Project Manager
Senior Biologist/Senior Analyst
Biologist/Noise Analyst/GIS
Env. Project Associate
Expenses are as follows:

Type
Automobile travel
Meal,s
Photocopy (letter and tabloid)
Color copies (letter and tabloid)
Commercial printing/plotting
Subcontractors
Other (lab tests, aerial photos, etc)
$/hour
$225
$165
$110
$125
$80
$165
$220
$195
$145
$150
$115
$195
Rate
current IRS rate
cost+ 5%
$0.10/print
$0.50/print
cost+ 5%
cost + 5%
cost+ 5%

EXBJBITD
Insurance Requirements
Design Professionals & Consultants Contract:

Consultant shall procure prior to commencement of Services and maintain for the duration of the contract, at -its own cost and expense, the following insurance policies and coverage with companies doing business in Califomja and acceptable to City.

INSURANCE POLICIES AND MINIMUMS REQUIRED

1. Commercial General Liability (CGL) for bodily injury property damage, personal inju1y liability for premises operations, products and completed operations, contractual liability and personal and advertising injw-y with limits no less than $2,000,000 per occurrence (ISO Fmm CG 00 01). If a general aggregate limit applies either the general aggregate limit shall apply separately to this project/location (ISO Fmm CG 25 03 or 25 04) or it sball be twice the required occurrence limit. a It shall be a requirement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional r nsured and shall be (i) the minimum coverage/limits specified in this agreement; or (ii) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. b Additional Insured coverage under Consultant's policy shall be "primary and non-contributory," will not seek contribution from City's insurance/self-insurance, and shall be at least as broad as TSO Fatm CG 20 10 (04/13).
c. The limits of insurance required may be satisfied by a combination of primary and umbrella or e cess insurance provided each policy complies with the requirements set forth in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary basis for the benefit of City before the City's own insurance or selfinsurance shall be called upon to protect City as a named insured. 2 Automobile LiabilitJ: ISO CA 00 01 covering any auto (including owned, hired, and non-owned autos) with limits no less than 1,000,000 per accident for bodily injury and property damage.

3. Workers' Compensation: As required by the State of California, with Statutory Limits and Employer's Liability Insurance ofno less than $1,000,000 per occurrence for bodily injury or disease.

J Not reqidred. Consultant has provided written verification of no employees.

4. Professional Liability for professional acts1 errors and omissions as appropriate to Consultant's profession, with limits no less than $2,000,000 per occwTence or $2,000,000 aggregate. lf written on a claims made form:
a The Retroactive Date must be shown and must be before the Effective Date of the Contract. h insurance must be maintained for at least five (5) years after completion of the Services. c. If coverage is canceled or non-renewed and not replaced with another claims-made policy form with a Retroactive Date prior to the Contract Effective Date the Consultant must purchase "extended reporting'' coverage for a minimum of five (5) year after completion of the Services.

OTHER INSURANCE PROVISIO S
The aforementioned insurance shall be endorsed and have all the following conditions and provisions:

Exh. D-fnsurance Requirements for Design Professionals & Consultants Contracts Form Updated Sept. 2019 1 Additional Insured Status
The City of Cupertino its City Council, officers officials, employees, agents, servants and volunteers ("Additional lnsureds'') are to be covered as additional insureds on Consultant's COL and automobile liability policies. General Liability coverage can be provided in the form of an endorsement to Consultant s insurance (at least a broad as ISO Form CG 20 IO ( 11/ 85) or both CG 20 l O and CG 20 37 forms, if later editions are used).

Primary Coverage
Coverage afforded to City/Additional Insureds shall be primary insurance. Any insurance or self-insuranc maintained by City its officers, officials, employees, or volunteers shall be excess of Consultant's insuranc and shaJl not contribute to it.

Notice of Cancellation
Each insurance policy shall state that coverage shall not be canceled or allowed to expire e cept with written notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums.

Waiver of Subrogation
Consultant waives any right to subrogation against City/Additional lnsureds for recovery of damages to the extent said losses are covered by the insurance policies required herein. Specifically the Workers Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Consultant, its employees, agents and subconsultants. This provision applies regardless of whether or not the City has received a waiver of subrogatioh endorsement from the insurer.

Deductibles a,u/ Self-Insured Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At City s option, either:
the insurer rnust reduce or eliminate the deductible or self-insured retentions as respects the City/Additional Insureds· or Consultant must show proof of ability to pay losses and costs 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.

Acceptabillty of Insurers
Insurers must be licensed to do business in California with an A.M. Best Rating of A-VII, or better.

Verification of Coverage
Consultant must furnish acceptable insurance celiificates and mandatory endorsements ( or copies of the policies effecting the coverage required by this Contract), and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements prior to commencement of the Contract. City retains the right to demand verification of compliance at any time during the Contract term.

Subconsu/Umts
Consultant shall require and verify that all subconsultants maintain insurance that meet the reqt1irements of this Contract including naming the City as an additional insured on subconsultant s insurance policies.

Higlter l11surance Limits
ff Consultant maintains broader coverage and/or higher limits than the minimums shown above, City shall be entitled to coverage for the higher insurance limits maintained by Consultant.

Adequacy of Coverage
City reserves the right to modify these insurance requirements/coverage based on the nature of the risk. prior experience, insmer or other special c,ircumstances, with not less than ninety (90) days prior written notice. £\h. D-f11sura11ce Requirements for Design Professionals & Cons111Ia111s Contracts Form Updated Sept. 20/9 2 ACORD@ CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDD/YYYY) L,------ 11/22/2021
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

PRODUCER ~~~CT The Certfiicate Team
AssuredPartners Design Professionals Insurance Services, LLC PHONE I~~ Nol: 3697 Mt. Diablo Blvd Suite 230 iii.Jr"'" r_.\, Lafayette CA 94549 ~t1D1:~ss, CertsDesionPro®AssuredPartners.com INSURERISl AF FORDING COVERAGE NAIC#
I 1~~n~o/;· "'"""7"~ INSURER A , Berkley Insurance Company 32603 INSURED MIGINC0-01 INSURER B : Travelers Prooertv Casualtv Comoanv of America 25674 MIG, Inc. INSURER c : The Travelers lndemnitv Company of Connecticut 25682 Moore lacofano Goltsman, Inc. 800 Hearst Ave INSURER 0 :

Berkeley CA 94710 INSURER E:

INSURERF:

COVERAGES CERTIFICATE NUMBER: 1383047023 REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD

INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

INSR ADDL SUBR POUCYEFF POLICY EX!? LTR TYPE OF INSURANCE ,ucn l =m POLICY NUMBER IMM/0D/YYYY\ IMM/DDIYYYYl LIMITS B X COMMERCIAL GENERAL LIABILITY y y 6801 H899998 8/31/2021 8/31/2022 EACH OCCURRENCE S 1,000,000 f--D CLAIMS-MADE 0 OCCUR DAMAuc. TO "t:N I cu
f-- PREMISES IEa ocrur,enoe.l S 1,000,000
X Contraau.al Liab MED EXP (Anv one person\ S 10.000 f-- f-- tnctuded PERSONAL II ADV INJURY $1 ,000,000
GEN'L AGGREGATE' LIMIT APPLIES PER GENERAL AGGREGATE $2,000,000 Fl POLICY 0 ~f& 0LOC PRODUCTS- COMP/OP AGG $2,000,000 OTHER: $
C AUTOMOBILE LIABILITY y y BAOS579947 8/31 /2021 813'112022 fig~~b~~~irlNGLE LIMIT S 1,000,000 f-- X ANY AUTO BODILY INJURY (Per person) $ f-- OWNED - SCHEDULED BODILY INJURY (Per accident) S - AUTOS ONLY - AUTOS
X HIRED X NON-,OWNEO Fif..?~&:;~~1~AMAGE s - AUTOS ONLY - AUTOS ONLY $
B X UMBRELLA LIAB MOCCUR y V CUPOH758762 8/31/2021 8/31/2022 EACH OCCURRENCE $10.000.000 - EXCESSUAB CLAIMS-MADE AGGREGATE $1 0,000,000 OED I X I RETENTION 5 n $
B WORKERS COMPENSATION y UB2L553909 8/31/2021 8/31/2022 X I ~-ffTUTE I IOTHER AND EMPLOYERS' LIABILITY YIN ANVPROPRIETORIPARTNERIEXECUTIVE □ NIA E.L EACH ACC10ENT $ 1,000,000
OFFICER/MEMBER EXCLUDED?
(Mandatory In NHI E.L DISEASE- EA EMPLOYEE $1,000,000
If ~es. describe under
D SCRIPTION OF OPERATIONS below E.L DISEASE- POLICY LIMIT $1,000,000 A Professional Uabiltty N y AEC904725003 8131/2021 8/31/2022 Each Claim $3,000,000 Annual A9Qreg,ita $5,000,000
DESCRJPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101 , Additronal Remarks Schedule, may be al!achod II more space is required) Umbrella Liability policy is a follow-form underlying General Liability/Auto Liabllity/Emptoyers Liability.

Re: Lawrence Mitty Park and Traff Master Plan
The City of Cupertino1 its City Council, officers, officials, employees, agents, servants and volunteers are named as an additional insured as respects general liability and. auto liability as required per written contract or ag.reemenL General Liability is Primary/Non-Contributory per policy form wording. Insurance coverage includes waiver of subrogation per the attached endorsement(s).

CERTIFICATE HOLDER CANCELLATION 30 Days Notice of Cancellation

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

ACORD 25 {2016/03) The ACORD name and logo are registered marks of ACORD

COMMERCIAL GENERAL LIABILITY
POLICY NUMBER: 6801H899998
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS- COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s) Or Organization(s):

Location And Description Of Completed Operations
Any project to which an applicable contract described in the Name of Additional Insured Person(s) or Organization(s) section of this Schedule applies.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property 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 included in the "products-completed operations hazard''.

CG 20 37 07 04
CG T802XXXX
© ISO Properties, Inc., 2004 Page 1 of 1
nt. Ti:; r'IC: IQC:::I 11::• 08/31/2021
COMMERCIAL GENERAL LIABILllY
POLICY NUMBER 6801 H899998
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - SCHEDULED PERSON OR

ORGANIZATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Names of Additional Insured Person(s) or Organization(s}:

Any person or organization that you agree in a written contract ta include as an additional insured on this Coverage Part, provided that such written contract was signed by you before, and is in effect when, the "bodily injury" or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed.

Location of Covered Operations:

Any project to which a written contract with the Additional Insured Person(s} or Organization(s) in tne Schedule applies.
(Information required to complete this Schedule, if 11ot shown above, will be shown in the Declarations.) (>... Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but onl'y
with respect to liability for "bodily injury", "property damage", "personal injury" or "advertising injury"
caused, in whole or in part, by:

1. Your acts or omissions; or

2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s) designated above.

B. With respect to the insurance afforded to these
additional insureds, the following additional exclusions apply:

This insurance does not apply to "bodily injury" or
''property damage" occurring, or "personal injury"
or ''advertising injury" arising out of an offense
committed, after:

CG D3 61 03 05 Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved. Page 1 of 1 CG T8 01 XX XX Includes copyrighted material of Insurance Services Office, Inc. with its permission.

DATE OF ISSUE: 08/3112021
Policy # 6801 H899998

COMMERCIAL GENERAL LIABILITY
c. Method Of Sharing
If all of the other insurance permits cor1trlbution
by equal shares, we will follow this method also.

Under this approach each insurer contributes
equal amounts until it has paid its applicable
limit of insurance or none of the loss remains,
whichever comes first.

If any of the other insurance does not permit
contribution by equal shares, we will contribute
by limits. Under this method, each insurers
share is based on the ratio of its appllcable limit
of insurance to the total applicable limits of
insurance of all insurers.
d. Primary And Non-Contributory Insurance If
Required By Written Contract
If you specifically agree in a written contract or
agreement that the insurance afforded to an
insured under this Coverage Part must apply on
a primary basis, or a primary and noncontributory basis. this insurance is primary to other insurance that ls available to such insured
which covers such insured as a named insured,
and we will nol share with that other insurance,
provided that:
(1) The ''bodily injury" or "property damage" for
which coverage is sought occurs; and
(2) The "personal and advertising injury'' for
which coverage is sought is caused by an
offense that is committed;
subsequent to the signing of that contract or
agreement by you.

5. Premium Audit
a. We will compute all premiums for this Coverage
Part in accordance with our rules and rates.
b. Premium shown in this Coverage Part as
advance premium is a deposit premium only. At
the close of each audit period we will compute
the earned premium for that period and send
notice to the first Named Insured. The due date
for aud~ and retrospective premiums is the date
shown as the due date on the bill. If the sum of
the advance and audit premiums paid for the
policy period is greater than the earned
premium, we will return the excess to the first
Named Insured.
c. The first Named Insured must keep records of
the information we need for premium
computation. and send us copies at such times
as we may request.

6. Representations
By accepting this policy, you agree:
a. The statements in the Declarations are
accurate and complete:
b. Those statements are based upon
representations you made to us; and
c. We have issued this policy in reliance upon
your representations.

The unintentional omission of, or unintentional error
in, any information provided by you which we relied
upon in issuing this policy will not prejudice your
rights under this Insurance. However, this provision
does not affect our right to collect additional
premium or to exercise our rights of cancellation or
non renewal in accordance with applicable insurance
laws or reautations.

7. Separation Of Insureds
Except with respect to the Limits of Insurance, and
any rights or duties specifically assigned in this
Cowrage Part to the first Named Insured, this
insurance applies:
a. As if each Named Insured were the only
Named Insured; and
b. Separately to each insured against whom claim
is made or "suit" is brought.

8. Transfer Of Rights Of Recovery Against O1hers
To Us
If the insured nas rights to recover all or part of any payment we have made under this Coverage Part1
those rights are transferred to us. The insured must
do nothing after loss to impair them. At our request,
the insured will bring "suit'' or transfer those rights to us and help us enforce them.

9. When We Do Not Renew
Iv we decide not to renew this Coverage Part, we will
mail or deliver to the first Named Insured shown in
the Declarations written notice of the nonrenewal
not less than 30 days before the expiration date.

If notice is mailed, proof of mailing will be sufficient proof of notice.

SECTION V - DEFINITIONS

1. "Advertisement" means a notice that is broadcast or
published to the general public or specific market
segments about your goods, products or services
for the purpose of attracting customers or
supporters. For the purposes ofthis definition:
a. Notices that are published include material
placed on the Internet or on similar electronic
means of communication; and
b. Regarding websites, only that part of a website
thal is about your goods, products or services
for the purposes of attracting customers or
supporters is considered an advertisement.

Page 16 ends

Includes copyrighted material ct Insurance Services Office. Inc. with its permission .

Policy# 6801H899998
occupational therapist or occupational
therapy assistant, physical therapist or
speech-language pathologist; or
(b} First aid or "Good Samaritan services"
by any of your "employees" or "volunteer
workers", other than an employed or
volunteer doctor. Any such "employees"
or "volunteer workers" providing or failing
to provide first aid or "Good Samaritan
seNices" during their work hours for you
will be deemed to be acting within the
scope of their employment by you or
performing duties related to the conduct
of your business.

3. The following replaces the last sentence of
Paragraph 5. of SECTION Ill - LIMITS OF
INSURANCE:

For the purposes of determining the
applicable Each Occurrence Limit, all related
acts or omissions committed in providing or
failing to provide ''incidental medical
services", first aid or "Good Samaritan
services" to any one person will be deemed
to be one "occurrence".

4. The following exclusion is added to
Paragraph 2., Exclusions, of SECTION I -

COVERAGES - COVERAGE A - BOOIL Y

INJURY AND PROPERTY DAMAGE
LIABILITY:

5. The following is added to the DEFINITIONS
Section:
"Incidental medical services" means:
a. Medical, surgical, dental, laboratory, xray or nursing service or treatment, advice or instruction , or the related
furnishing of food or beverages; or
b. The furnishing or dispensing of drugs or
medical, dental, or surgical supplies or
appliances.

6. The following is added to Paragraph 4.b.,
Excess Insurance, of SECTION IV -

COMMERCIAL GENERAL LIABILITY
CONDITIONS:

This insurance is excess over any valid and
collectible other insurance, whether primary,
excess, contingent or on any other basis,

K. MEDICAL PAYMENTS- INCREASED LIMIT
The following replaces Paragraph 7. of
SECTION Ill - LIMITS OF INSURANCE:

L. AMENDMENT OF EXCESS INSURANCE

CONDITION - PROFESSIONAL LIABILITY
The following is added to Paragraph 4.b.,
Excess Insurance, of SECTION IV -

COMMERCIAL GENERAL LIABILITY
CONDITIONS:

M. BLANKET WAIVER OF SUBROGATION -

WHEN REQUIRED BY WRITTEN CONTRACT

OR AGREEMENT
The following is added to Paragraph 8., Transfer
Of Rights Of Recovery Against Others To Us,
of SECTION IV - COMMERCIAL GENERAL
LIABILITY CONDITIONS:

If the insured has agreed in a written contract or
agreement to waive that insured's right of
recovery against any person or organization, we
waive our right of recovery against such person
or organization, but only for payments we make
because of:
a. "Bodily injury" or "property damage" that
occurs ; or
b. "Personal and advertising injury" caused by
an offense that is committed;
subsequent to the signing of that contract or
agreement.

Policy: BA0S579947 COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BLANKET ADDITIONAL INSURED
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM
The following is added to Paragraph c. in A.1., Who
Is An Insured, of SECTION II - COVERED AUTOS
LIABILITY COVERAGE in the BUSINESS AUTO
COVERAGE FORM and Paragraph e. in A.1., Who Is
An Insured, of SECTION II - COVERED AUTOS
LIABILITY COVERAGE in the MOTOR CARRIER
COVERAGE FORM, whichever Coverage Form is
part of your policy:

This includes· any person or organization who you are
required under a written contract or agreement
between you and that person or organization, that is
signed by you before the "bodily injury" or ''property
damage" occurs and that is in effect during the policy
period, to name as an additional insured for Covered
Autos Liability Coverage, but only for damages to
which this insurance applies and only to the extent of
that person's or organization's liability for the conduct of another "insured".

Policy#: BA0S579947 COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BLANKET ADDITIONAL INSURED - PRIMARY AND

NON-CONTRIBUTORY WITH OTHER INSURANCE
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM

PROVISIONS

1. The following is added to Paragraph A 1.c., Who
Is An Insured, of SECTION II - COVERED
AUTOS LIABILITY COVERAGE:

This includes any person or organization who you
are required under a written contract or
agreement between you and that person or
organization. that is signed by you before the
''bodily injury'' or "property damage" occurs and
that is in effect during the policy period, to name
as an additional insured for Covered Autos
Liability Coverage, but only for damages to which
this insurance applies and only to the extent of
that person's or organization's liabTiity for the
conduct of another ''insured".

2. The following is added to Paragraph B.5., Other
Insurance of SECTION IV - BUSINESS AUTO
CONDITIONS:

Regardless of the provisions of paragraph a. and
paragraph d. of this part S. Other Insurance, this
insurance is primary to and non-contributory with
applicable other insurance under which an
additional insured person or organization is the
first named insured when the written contract or
agreement between you and that person or
organization, that is signed by you before the
"bodily Injury'' ot "property damage'' occurs and
that is in effect during the policy period, requires
this insurance to be primary and non-contributory,
CA T4 74 0216 ©2016 The Travelers Indemnity Company llright!tresef\led, Includes copyrighted material of Insurance Sef\lfces Olfioe, Inc. With Its permfss1on.

Policy # BA0S579947 COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BLANKET WAIVER OF SUBROGATION
This endorsement modifies insurance provided under the following:

AUTO DEALERS COVERAGE FORM

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM
The following replaces Paragraph A.5., Transfer of
Rights Of Recovery Against Others To Us, of the
CONDITIONS Section:

5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we tnay have
against any person or organization to the extent
required of you by a written contract executed
prior to any "accident" or "loss", provided that the
''accident" or "loss" arises out of the operations
contemplated by such contract. The waiver applies only to the person or organization designated in such contract.

CA T3 40 02 15 @2015 The Travelers lndernnity Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. ~ TRAVELERSJ WORKERS COMPENSATION
AND

EMPLOYERS LIABILITY POLICY
ENDORSEMENT WC 99 03 76 ( A) -
POLICY NUMBER; UB2L553909

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS

ENDORSEMENT - CALIFORNIA
(BLANKET WAIVER)
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule.

The additional premium for this endorsement shall be % of the California workers' compensation premium.

Schedule
Person or Organization Job Description
Any Person or organization for which the insured has agreed by written contract executed prior to loss to furnish this waiver.

This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
(The information below is required only when this endorsement is issued subsequent to preparation of the policy.)
ll'!surance Compan
Travele~ Property Casually Company of America
DATE OF ISSUE: 1112212021 Page 1 of 1
SIGNED_MIG for Completion of the LawrenceMitty Park and Trail Master Plan Final Audit Report 2021-12-10
Created: 2021-12-09
By: Julia Kinst [email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAR6Xfzh4HEGO82rG31 HaD5pFnhjwo4_5 11SIGNED_MIG for Completion of the Lawrence-Mitty Park and T rail Master Plan" History
~ Document created by Julia Kinst [email protected]) 2021-12-09 - 6:44:20 PM GMT- IP address: 64.165.34.3
0'0 Document approved by Julia Kinst [email protected]) Approval Date: 2021-12-09 - 6:46:26 PM GMT - Time Source: server- IP address: 64.165.34.3 ~ Document emailed to Araceli Alejandre ([email protected]) for approval 2021-12-09 • 6:46:37 PM GMT
0'o Document approved by Araceli Alejandre ([email protected]) Approval Date: 2021-12-09 • 11 :46:38 PM GMT - Time Source: server- IP address: 64.165.34.3 C Document emailed to Christopher D. Jensen ([email protected]) for signature 2021-12-09 - 11 :46:40 PM GMT
~ Email viewed by Christopher D. Jensen ([email protected]) 2021-12-10 - 0:10:03 AM GMT- IP address: 172.225.89.120 0'0 Document e-signed by Christopher D. Jensen ([email protected]) Signature Date: 2021-12-10 - 1 :44:16 AM GMT - Time Source: server- IP address: 136.24.42.212 D.. Document emailed to Dianne Thompson (she/her) ([email protected]) for signature 2021-12-10-1:44:19 AM GMT
'El Email viewed by Dianne Thompson (she/her) ([email protected]) 2021-12-10 - 3:22:41 AM GMT- IP address: 104.28.123.182 0o Document e-signed by Dianne Thompson (she/her) {[email protected]) Signature Date: 2021-12-10 - 3:26:12 AM GMT - Time Source: server- IP address: 99.179.16.200 II I • IE•<E
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CVl"i ~INQ
C! Document emailed to Kirsten Squarcia ([email protected]) for signature 2021-12-10 - 3:26:14 AM GMT
~ Email viewed by Kirsten Squarcia ([email protected]) 2021-12-10 - 4:33:36 AM GMT- IP address: 104.28.124.182 6o Document e-signed by Kirsten Squarcia ([email protected]) Signature Date: 2021-12-10 - 4:33:47 AM GMT - Time Source: server- IP address: 69.11 0.137.176 0 Agreement completed.
2021-12-10-4:33:47 AM GMT
c:vfl run-1Ho
Draft 5th Amendment MIG for Lawrence Mitty
Park and Trail
Final Audit Report
Created:

By:

Status:

TransacHon ID:
2024-04-03
Jindy Gonzalez [email protected])
Signed
CBJCHBCAABAAy9prq2TQosGcc5195Ov1ZUnaep4ytGQq
2024-04-04
"Draft 5th Amendment MIG for Lawrence Mitty Park and Trail" Hi story
'El Document created by Jindy Gonzalez ([email protected]) 2024-04-03 -11:23:15 PM GMT
~ Document emailed to Chris Beynon ([email protected]) for signature 2024-04-03 -11:26:1 5 PM GMT
'El Email viewed by Chris Beynon ([email protected])
2024-04-03 - 11 :54:41 PM GMT
&0 Document e-signed by Chris Beynon ([email protected]) Signature Date: 2024-04-04 - 8:42:20 PM GMT - Time Source: server 0 Agreement completed.
2024-04-04 - 8:42:20 PM GMT
C',,lll"lftTINO
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Cupertino City CouncilMay 7, 2024

Cupertino City Council
May 7, 2024