CC 06-04-2024 Searchable Packet.pdf — Cupertino City Council, June 4, 2024 (part 2 of 5)

Includes copyrighted material of Insurance Services Office, Inc. with its permission . 156
CC 06-04-2024
156 of 657
Policy # 6801 H899998
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 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 - 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,

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
exclusion of Coverage A or Coverage B.

M. BLANKET WAIVER OF SUBROGATION -

WHEN REQUIRED BY WRITTEN CONTRACT

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

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

CG D3 79 0219 © 2017 The Travelers Indemnity Company. All rights reserved. Page 5 of 6 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 157
CC 06-04-2024
157 of 657
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".

CA T4 37 0216 © 2016 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 158
CC 06-04-2024
158 of 657
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 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 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 74 02 16 © 2016 The Travelers Indemnity Company. All rights reserved . Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 159
CC 06-04-2024
159 of 657
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 may 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. 6A "F3 40 02-15 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 160
CC 06-04-2024
160 of 657
~ 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
mium.
% 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.) ~ -
Insurance Company Countersigned by ____________ _
Travelers Property Casualty Company of America
DATE OF ISSUE: 1112212021 Page 1 of 1
161
CC 06-04-2024
161 of 657
SIGNED_MIG for All-Inclusive Playground at
Jollyman Park
Final Audit Report 2021-12-10
Created: 2021-12-09
By: Julia Kinst [email protected])
Status: Signed
Transaction ID: CBJCHBCAABAA4F2c7BjpwgFJsSICx8DpGz71C4gcweSm "SIGNED_MIG for All-Inclusive Playground at Jollyman Park" Hi story
~ Document created by Julia Kinst [email protected]) 2021-12-09 - 6:39:15 PM GMT- IP address: 64.165.34.3
0"0 Document approved by Julia Kinst [email protected]) Approval Date: 2021-12-09 - 6:41 :23 PM GMT - Time Source: server- IP address: 64.165.34.3 ~ Document emailed to Araceli Alejandre ([email protected]) for approval 2021-12-09 - 6:41 :25 PM GMT
0"0 Document approved by Araceli Alejandre ([email protected]) Approval Date: 2021-12-09 - 11:56:31 PM GMT - Time Source: server- IP address: 64.165.34.3 ~ Document emailed to Christopher D. Jensen ([email protected]) for signature 2021-12-09 - 11 :56:33 PM GMT
~ Email viewed by Christopher D. Jensen ([email protected]) 2021-12-10- 0:10:34 AM GMT- IP address: 172.225.89.120
6;, Document e-signed by Christopher D. Jensen ([email protected]) Signature Date: 2021-12-10 - 1 :47:55 AM GMT - Time Source: server- IP address: 136.24.42.212 ~ Document emailed to Dianne Thompson (she/her) ([email protected]) for signature 2021-12-10- 1 :47:59 AM GMT
~ Email viewed by Dianne Thompson (she/her) ([email protected]) 2021-12-10 - 3:18:35 AM GMT- IP address: 104.28.124.179 0"0 Document e-signed by Dianne Thompson (she/her) ([email protected]) Signature Date: 2021-12-10 - 3:28:01 AM GMT - Time Source: server- IP address: 99.179.1 6.200 a I POWER.may
Adobe Sign
f;IJP'IIITINQ
162
CC 06-04-2024
162 of 657
~ Document emailed to Kirsten Squarcia ([email protected]) for signature 2021-12-10- 3:28:04 AM GMT
'El Email viewed by Kirsten Squarcia ([email protected]) 2021-12-10- 4:33:05 AM GMT- IP address: 172.225.89.144
0"c, Document e-signed by Kirsten Squarcia ([email protected]) Signature Date: 2021-12-10 - 4:33:24 AM GMT - Time Source: server- IP address: 69.110.137.176 0 Agreement completed.
2021-12-10- 4:33:24 AM GMT
a I PCw'~i:REDi3Y
Adobe Sign
4=Vl"lftTINO
163
CC 06-04-2024
163 of 657
MIG Amendment 2 for All-Inclusive Playground
at Jollyman Park
Final Audit Report
Created:

By:

Status:

Transaction ID:
2023-07-11
City of Cupertino ([email protected])
Signed
CBJCHBCAABAAuesluV_v2UKEpjhswWs4IriEEyl7ilud
2023-07-14
"MIG Amendment 2 for All-Inclusive Playground at Jollyman Par k" History
~ Document created by City of Cupertino ([email protected]) 2023-07-11 - 0:54:24 AM GMT- IP address: 35.229.54.2
g Document emailed to Julia Kinst [email protected]) for approval 2023-07-11 - 0:57:31 AM GMT
0'0 Document approved by Julia Kinst [email protected]) Approval Date: 2023-07-11 - 0:59:25 AM GMT - Time Source: server- IP address: 98.97.58.57 g Document emailed to Araceli Alejandre ([email protected]) for approval 2023-07-11 - 0:59:29 AM GMT
0c, Document approved by Araceli Alejandre ([email protected]) Approval Date: 2023-07-11 - 4:05:34 PM GMT - Time Source: server- IP address: 73.170.104.117 g Document emailed to Chris Beynon ([email protected]) for signature 2023-07-11 - 4:05:39 PM GMT
~ Email viewed by Chris Beynon ([email protected])
2023-07-11 - 7:22:09 PM GMT- IP address: 74.125.209.35
~ Email viewed by Chris Beynon ([email protected])
2023-07-13 - 3:19:52 AM GMT- IP address: 104.28.116.106 ~ Email viewed by Chris Beynon ([email protected])
2023-07-14- 3:43:04 AM GMT- IP address: 74.125.210.141
0c, Document e-signed by Chris Beynon ([email protected]) Signature Date: 2023-07-14 - 5:36:19 PM GMT - Time Source: server- IP address: 64.191 .87.162 lffl . I Powerecl tiy lliJ Adobe ,;~rm,~<> Acrobat Sign -------~
164
CC 06-04-2024
164 of 657
181. Document emailed to [email protected] for signature 2023-07-14- 5:36:24 PM GMT
~ Email viewed by [email protected]
2023-07-14 - 5:38:58 PM GMT- IP address: 104.47.74.126
0o Signer [email protected] entered name at signing as Christopher D. Jensen 2023-07-14- 5:39:15 PM GMT- IP address: 136.24.22.194
0o Document e-signed by Christopher D. Jensen ([email protected]) Signature Date: 2023-07-14- 5:39:17 PM GMT -Time Source: server- IP address: 136.24.22.194 181. Document emailed to Pamela Wu ([email protected]) for signature 2023-07-14- 5:39:21 PM GMT
~ Email viewed by Pamela Wu ([email protected])
2023-07-14- 6:47:48 PM GMT- IP address: 104.47.73.126
0'e Document e-signed by Pamela Wu ([email protected]) Signature Date: 2023-07-14 - 6:48:02 PM GMT - Time Source: server- IP address: 64.165.34.3 181. Document emailed to Kirsten Squarcia ([email protected]) for signature 2023-07-14 - 6:48:07 PM GMT
~ Email viewed by Kirsten Squarcia ([email protected]) 2023-07-14 - 6:48:20 PM GMT- IP address: 104.28.123.94
0'e Document e-signed by Kirsten Squarcia ([email protected]) Signature Date: 2023-07-14 - 7:31 :21 PM GMT - Time Source: server- IP address: 162.245.20.145 0 Agreement completed.
2023-07-14 - 7:31 :21 PM GMT
I Powered by
• Adobe
<:ornm~o Acrobat Sign
165
CC 06-04-2024
165 of 657
FIRST AMENDMENT TO AGREEMENT 401 BETWEEN
THE CITY OF CUPERTINO AND MIG, INC., FOR

ALL-INCLUSIVE PLAYGROUND AT JOLLYMAN PARK
This First Amendment to Agreement 401 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 205 5 Junction Ave., Suite 205, San Jose, CA 95131, and is made with reference to the following:

RECITALS:

On December 09, 2021 Agreement 401 ("Agreement") was entered into by and between City and Contractor for All-Inclusive Playground at Jollyman Park.

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

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

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

City will pay Consultant for satisfactory performance of the Service a total amount that will be based upon actual costs but that will be capped so as not to exceed $401,511.00 ("Contract Price"), 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. 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 authorized Additional Services up to an amount not to exceed $12,000.00. 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.

SIGNATURES CONTINUE ON THE FOLLOWING PAGE
1 166
CC 06-04-2024
166 of 657
IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed.

CITY OF CUPERTINO
By/iah<&t. wu
Title City Manager
Date Oct 13, 2022

APPROVED AS TO FORM
City Attorney
ATTEST:

City Clerk
Date Oct 13, 2022

EXPENDITURE DISTRIBUTION
Item II PO Number
Original Agreement Ii 2022-326
MIG, INC.

O&t-~6r-- By _________ _
Title Vice President/Chief Development Officer
Date Oct 13, 2022
l:;;;; I ====;;;A;;;m;;;o;;;u;;; nt====;;;;;:II
IAmendment #1 I Change in Scope, Change in Contract Amount 11 $389,s11.og
11 = ========$=12=,o=o=o.=otj
,~IT_o_ta_l A~gr~ ee_m_e_nt ___ ~l~-------------~l~I ________ $_40_1~,5_1_1.~0tj 1 2 167
CC 06-04-2024
167 of 657
II Exhibit A-1
August 31, 2022
Evelyn Moran, Public Works Project Manager
City of Cupertino
City Hall
10300 Torre Ave.

Cupertino, CA 95014
Re: Additional Services Jollyman Park Inclusive Playground (MIG proj. no. 30902) Dear Evelyn,
As discussed, a restroom is being added to the project expanding work beyond that in the original scope of work. The following summarizes MIG's request for additional work and fees that are above and beyond the original contract, signed Dec. 9, 2021; BKF's effort will be addressed through a separate agreement. All other terms in the original contract remain in effect.

Add Services #2 (New Task 7: Restroom) .................................................... $12,000 We are requesting additional fees under a new task number for additional work related to adding a restroom to the project and for anticipated work efforts discussed, as noted below:
o Coordinating with BKF who is leading the restroom portion of the project
o Providing aesthetic coordination to ensure the restroom finishes work with the play area improvements
o Planting and irrigation design for the expanded work area for all drawing submittals (50%, 90%, 100%, and bid set)
It is understood that the restroom will be integrated into the play area submittals as a single project for review and bidding; the restroom will not have separate review meetings but reviews will be incorporated into the planned review meetings for the play area.

Task 7 Restroom Total: $12,000

PLANNING I DESIGN I COMMUNICATIONS I MANAGEMENT I SCIENCE I TECHNOLOGY 800 Hearst Avenue • Berkeley, CA 94710 • USA • 510-845-7549 • www.migcom.com Offices in: California • Colorado • Oregon • Texas • Washington 168
CC 06-04-2024
168 of 657
Evelyn Moran
August 31, 2022

Page 2 of 2 ends

Please feel free to contact us with any questions or additional information needed.

Sincerely,
Principal, Director of Community Design Services
MIG
Please sign below to indicate your agreement to the terms outlined in this letter as a revision to the original contract and budget.

Evelyn Moran, Project Manager
City of Cupertino
Date
169
CC 06-04-2024
169 of 657
ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 8/28/2022
~
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

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

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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 PHONE I FAX 3697 Mt. Diablo Blvd Suite 230 /Alt' .,~ "-"· IA/C Nol:

Lafayette CA 94549 ~t1l~~ss: [email protected] INSURER(S) AFFORDING COVERAGE NAIC#
License#:6003745 INSURER A: Berkley Insurance Company 32603 INSURED MIGINC0-01 INSURER B : Travelers Property Casualty Company of America 25674 MIG, Inc. INSURER c: The Travelers Indemnity Company of Connecticut 25682 Moore lacofano Goltsman, Inc. 800 Hearst Ave INSURERD:

Berkeley CA 94710 INSURERE :

INSURER F:

COVERAGES CERTIFICATE NUMBER: 1669425263 REVISION NUMBER:

INSR ADDL SUBR POLICYEFF POLICY EXP LTR TYPE OF INSURANCE •••~n ,.n,n POLICY NUMBER LIMITS IMM/DD/YYYYl IMM/DD/YYYYl C X COMMERCIAL GENERAL LIABILITY y y 6801H899998 8/31/2022 8/31/2023 EACH OCCURRENCE $1,000,000 -:=J CLAIMS-MADE 0 OCCUR DAMAGE Ti9ERENTED
f-- PREMISES Ea occurrence l $1,000,000
X
f-- Contractual Liab MED EXP (Any one person) $10,000
f-- Included PERSONAL & ADV INJURY $1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 R 0 PRO- POLICY JECT DLoc PRODUCTS - COMP/OP AGG $2,000,000 OTHER: $
C AUTOMOBILE LIABILITY y y BAOS579947 8/31/2022 8/31/2023 COMBINED SINGLE LIMIT $1,000,000 (Ea accidentl f-- X ANY AUTO BODILY INJURY (Per person) $ f-- OWNED ~ SCHEDULED BODILY INJURY (Per accident) $ f-- AUTOS ONLY f-- AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY /Per accidentl f-- f-- $
B X UMBRELLA LIAB MOCCUR y y CUPOH758762 8/31/2022 8/31/2023 EACH OCCURRENCE $10,000,000 f-- EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000
OED I X I RETENTION$ n $
B WORKERS COMPENSATION y UB2L553909 8/31/2022 8/31/2023 X I ~-\%uTE I I OTHER AND EMPLOYERS' LIABILITY Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE □ N/A E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $1,000,000 If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 A Professional Liability N y AEC905795904 8/31/2022 8/31/2023 Per Claim $5,000,000 Aggregate Limit $5,000,000
DESCRIPTION OF OPERATIONS/ LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Umbrella Liability policy is a follow-form underlyin~ General Liability/Auto Liability/Employers Liability.

Re: Jollyman Park All-Inclusive Playground The ity 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 CANCELLATION 30 Days Notice of Cancellation

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

City of Cupertino
10300 Torre Ave.

Cupertino CA 95014 AU~RESE::
-- I
© 1988-2015 ACORD CORPORATION. All rights reserved.

ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 170
CC 06-04-2024
170 of 657
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 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 H. HIRED AUTO PHYSICAL DAMAGE - LOSS OF 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.

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

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.5.,
Other Insurance, of SECTION IV - BUSINESS 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 0215 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission . 171
CC 06-04-2024
171 of 657

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 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 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 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 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 ends

Includes copyrighted material of Insurance Services Office, Inc. with its permission. 172
CC 06-04-2024
172 of 657
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 111 - 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. PERSONALPROPERTY
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 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 8.3., 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., 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 CONDITIONS :

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
CAT3530215 © 2015 The Travelers Indemnity Company. All rights reserved. Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission . 173
CC 06-04-2024
173 of 657

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 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

174
CC 06-04-2024
174 of 657

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}:

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 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 TS 02 XX XX
© ISO Properties, Inc., 2004 Page 1 of 1
DATE OF ISSUE: 08l3112022 175
CC 06-04-2024
175 of 657

COMMERCIAL GENERAL LIABILITY
POLICY NUMBER 6801H899998
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 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:

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 principal as a part of the same project.

CG l:>3 61 03 05 eopyright 2005 The S . 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: 08/31/2022
176
CC 06-04-2024
176 of 657
Policy # 6801 H899998

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.
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 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 Cm.erage 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:
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 reoulations.

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
If 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 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.

Page16of21 © 2017 The Travelers Indemnity Company. All rights reserved. CG T1000219 Includes copyrighted material of Insurance Services Office, Inc. with its permission . 177
CC 06-04-2024
177 of 657
Policy # 6801 H899998
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 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:

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

COVERAGES - COVERAGE A - BODILY

INJURY AND PROPERTY DAMAGE
LIABILITY:

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:

CG-"-0379 02 f9 © ~ 7 The7"ravefers lndemnlty-Compan . All nghts reserved. Page-5 of6 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 178
CC 06-04-2024
178 of 657
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 liability for the
conduct of another "insured".

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

CA T4 74 0216 © 2016 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 179
CC 06-04-2024
179 of 657
... TRAVELERS] WORKERS COMPENSATION
AND

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

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS

CITY O F
a DESIGN PROFESSIONAL SERVICES AGREEMENT (SINGLE}

WITH MIG, INC

CUPERT INO

1. PARTIES
This Agreement is made by and between the City of Cupertino, a municipal corporation ("City"), and MIG, Inc ("Consultant"), a Corporation for All-Inclusive Playground at Jollyman Park ("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 written 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 applicable to Basic Services, except and only to the extent otherwise specified by City in writing.

All references to "Services" in the Agreement include Basic Services 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. This Agreement begins on the Effective Date and ends on December 31, 2024, unless terminated 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.

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 divided by tasks, Consultant must begin All-Inclusive Playground at Jollyman Park
1 of 11
Design Professional Agr (Single) / October 2021
181
CC 06-04-2024
181 of 657
work on each separate task upon receiving City's Notice to Proceed ("NTP"), and must complete each task within the time specified in ExhibitB.

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

4. COMPENSATION

4.1 Maximum Compensation. 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 $389,511.00 ("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 $389,511.00 ("Lump Sum Price") for the complete and satisfactory performance of the Basic Services 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 has 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 accordance 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, employee overtime, 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 summary 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- Consultant charge and payment due; and (v) an itemized list with amounts and explanation for all permitted reimbursable expenses.

All-Inclusive Playground at Jollyman Park
2 of 11
Design Professional Agr (Single)/ October 2021
182
CC 06-04-2024
182 of 657
b. Rates and Receipts. All 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.

5. 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 the 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 performing similar services in the San Francisco Bay Area. Services may only be performed 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 performed 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 prior 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 conformity to the insurance required of Consultant. The terms 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, materials, 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 otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Consultant shall 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 California Public Employees Retirement System (PERS), the Internal Revenue Service or the State Employment Development Division, determine 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 All-Inclusive Playground at Jollyman Park
3 of 11
Design Professional Agr (Single) / October 2021
183
CC 06-04-2024
183 of 657
as a result of such determination, so that the City's total expenses under this Agreement are not greater than they would have been had the determination not been made.

5.7 Errors and Omissions. Consultant is solely responsible for its errors and omissions 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 information owned or controlled by the City, which may contain proprietary or confidential details, the disclosure of which to third parties may be damaging to City. 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 MATERIALS

7.1 Property Rights. Subject to City meeting its payment obligations for the Services, any interest (including copyright interests) 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 Product"), will be the exclusive property of the City upon completion of the work to be performed hereunder or upon termination of this Agreement, to the extent requested by City. In any case, no Work Product shall be shown to a third-party without prior written approval by City

7.2 Copyright. To the extent permitted 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," Consultant 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 Licenses. 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 copyrighted intellectual property if incorporated into the Services or Work Product of this Agreement.

7.4 Re-Use of Work Product. Unless prohibited by law and without waiving any rights, City may use or modify the Work Product of 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 ofWorkProduct:
(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 Deliverables 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 All-Inclusive Playground at Jollyman Park4 of 11
Design Professional Agr (Single)/ October 2021
184
CC 06-04-2024
184 of 657
items must be in CAD and PDF formats, and unless otherwise specified, other documents must be in Microsoft Office applications and PDF formats.

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 of reimbursable expenses and the instruments of service/deliverables for review and audit. This Section 8 survives the expiration/termination of this Agreement.

8.3 Consultant acknowledges that certain documents generated or received by Consultant in connection with the performance 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 shall make such records available to the City upon request by the City, or in such manner as the City reasonably directs that such records be provided.

9. ASSIGNMENT
Consultant shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so 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 term of this Agreement and for one (1) year thereafter, will reference the City's contributions in making the project possible. The words "City of Cupertino" will be displayed in all pieces of publicity, including flyers, press releases, posters, brochures, public service announcements, interviews, and newspaper articles. No signs may be posted, exhibited, or displayed on or about City property, except signage required by law or this Agreement, without prior written approval from the City.

11. INDEMNIFICATION

11.1 To the fullest extent allowed by law and except for losses caused by the sole or active All-Inclusive Playground at Jollyman Park
5 of 11
Design Professional Agr (Single) / October 2021
185
CC 06-04-2024
185 of 657
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. If it 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 harmless 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 expert 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 Indemnitees 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 property 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 for Other Liability. Except as provided in subsections 11.l(a) and (b), to the fullest extent permitted 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, loss, damage, expense, costs (including, without limitation, costs, attorneys' fees, and expert fees of litigation) 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 same 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.

All-Inclusive P-layground at ollyman Park:
6 of 11
Design Professional Agr (Single) / October 2021
186
CC 06-04-2024
186 of 657

11.2 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 11 shall survive expiration or termination ofthis Agreement.

12. INSURANCE
On or before the Contract Time commences, Consultant shall furnish City with proof of compliance with City Insurance Requirements, attached and incorporated here as Exhibit D. City will not execute the Agreement until 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 terminate this Agreement or in its sole discretion purchase insurance at Consultant's expense and deduct costs from payments to Consultant.

13. COMPLIANCE WITH LAWS

13.1 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 perform. Consultant is responsible for verifying the employment authorization of employees performing the Services, as required by the Immigration Reform and Control Act, or other federal or state law, rule or regulation.

13.2 Labor Laws. Consultant shall 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 1720 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 origin, ethnicity, handicap, disability, marital 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-discrimination laws, including All-Inclusive Playground at Jollyman Park
7 of 11
Design Professional Agr (Single) / October 2021
187
CC 06-04-2024
187 of 657
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 1090 et seq. Consultant may be required to file a conflict of interest form if Consultant makes certain 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 suspending payments, requiring reimbursement, or terminating 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. PROJECT COORDINATION

14.1 City Project Manager. The City's Project Manager for all purposes under this Agreement will be Evelyn Moran, 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 City's reasonable approval, Consultant's Project Manager for all purposes under this Agreement will be Jan Eiesland 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 costs 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. No 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 the 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. :All-Inclusive Playground -at Jollyman Park
8 of 11
Design Professional Agr (Single)/ October 2021
188
CC 06-04-2024
188 of 657

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 termination 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 all 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 jurisdiction. Any lawsuits filed related to this Agreement must be filed with the Superior Court for the County of Santa Clara, State of California.

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 subject to all valid laws, orders, rules, 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 Parties elect arbitration, the arbitrator's award must be supported by law and substantial evidence and include detailed written findings of law and fact.

18. ATTORNEY FEES
If City initiates legal action, files a complaint or cross-complaint, or pursues arbitration, appeal or other proceedings to enforce its rights or a judgment in connection with this Agreement, the prevailing party will be entitled to reasonable attorney fees and costs. This Section 18 survives the expiration/termination of this Agreement.

19. THIRD PARTY BENEFICIARIES
There are no intended third party beneficiaries ohhis 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 writing and signed by each Party's authorized representative. No verbal agreement or implied covenant will be valid to amend or abridge this Agreement. If there is any inconsistency between any term, clause, or provision of this main Agreement and any term, clause, or provision of the attachments or exhibits thereto, the terms of the main Agreement shall prevail and be controlling.

All-Inclusive Playground at Jollyman Park
9 of 11
Design Professional Agr (Single) / October 2021
189
CC 06-04-2024
189 of 657

22. INSERTED PROVISIONS
Each contractual provision or clause that may be required by law is deemed to be included and will be inferred 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 this Agreement.

24. SEVERABILITY IP ARTIAL INVALIDITY
If any term or provision of this Agreement, or their application to a particular situation, is found by the court to be void, invalid, illegal or unenforceable, such term or provision shall remain in force and effect to the extent allowed by such ruling. All other terms and provisions of this Agreement or their application to specific situations shall remain in full force and effect.

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
All 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
10300 Torre Ave.

Cupertino, CA 95014
Attention: Evelyn Moran
Email: [email protected]

27. EXECUTION
To Consultant:

MIG, Inc
2055 Junction Ave, Suite 205
San Jose, CA 95131
Attention: Jan Eiesland
Email: [email protected]
The person executing this Agreement on behalf of Consultant represents and warrants that Consultant has the right, power, and authority to enter into this Agreement and carry out all 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 counterparts, each one of which is deemed an original and all of which, taken together, constitute a single binding instrument.

All-Inclusive Playground at :Tollyman Park
10 of 11
Design Professional Agr (Single)/ October 2021
190
CC 06-04-2024
190 of 657
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
Byp~ '?M~n-~/k_)
Name Dianne Thompson (she/her)
Title Acting City Manager
Date Dec 9, 2021
APPROVED AS TO FORM:

Chrisfopher D. Jensen
CHRISTOPHER D. JENSEN
Cupertino City Attorney
ATTEST:

KIRSTEN SQUARCIA
City Clerk
Date Dec 9, 2021
All-Inclusive Playground at Jollyman Park

MIG,INC
O+t;r~ By _________ _
Name Chris Beynon
Title Vice President/Chief Development Officer
Date Nov 24, 2021
11 of 11
Design Professional Agr (Single) / October 2021
191
CC 06-04-2024
191 of 657

EXHIBIT A
Jollyman Park All-Inclusive Playground
Scope of Work

11.12.2021
MIG has prepared the following Scope of Work to illustrate how we will facilitate successful completion of the Jollyman Park All-Inclusive Playground 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 requirements stated in the Jollyman Park Aug. 2, 2021 RFQ and Addenda.

Project Understanding
Located in Cupertino, CA, the project entails replacing the southern existing play area atJollyman Park with an allinclusive playground. Per the City's RFQ, the project aims to incorporate the best in supportive play theories and practices to appeal to people of all ages and abilities. The design will support recreation and social interaction for people with autism, sensory challenges, cognitive, developmental, and physical disabilities - as well as those without special needs. The project will have specific all-inclusive play amenities that will be further developed from the initial concept design with community engagement. Potential site improvement areas include walkways, storm water runoff reduction, utility identification and adjustments, landscape, irrigation, and similar site improvements within the project area. Recommended site improvements shall be based on the established Cupertino Engineering Standards. The design will be in accordance with AIPG funding guidelines; local, state and federal ADA and playground safety guidelines and requirements.

TASK 1: PROJECT INITIATION
Task 1.1 Project Kick-off Meeting & Site Tour
To initiate the project, the MIG Team will participate in a meeting with the City of Cupertino Jollyman project team ('The City') to discuss the project goals, opportunities, and challenges, as well as to establish project communication protocols, review project tasks and schedule, and other coordination topics to be determined in cooperation with the City. We see this meeting as an important step in developing a collaborative team that is committed to a shared process and vision for Jollyman Park.

The MIG Team will also conduct a site tour to observe and document the existing site conditions, uses and character of Jollyman Park. Topic areas to be observed include circulation, accessibility, signage and wayfinding, lighting, natural features, social relationships, and experiential opportunities.

Depending on weather and current safety protocols this may be staged as two meetings within the same week: a virtual kick-off/goals meeting followed by an in-person site tour of Jollyman Park. If an in-person kick-off meeting is feasible, then the meeting and site visit will be scheduled to occur consecutively on the same day.

Task 1.2 Project Scope & Schedule Finalization
MIG will work with the City of Cupertino to customize and finalize the scope and schedule, so that tasks meet the City's preferred process and timeline.

Task 1.3 Background Information Request & Assembly
The MIG team will prepare a consolidated list of background information needed from the City. MIG will assemble the information and make it available for use by all team members over the course of the project. 1 192
CC 06-04-2024
192 of 657

EXHIBIT A
Task 1.4 Community Engagement Part 1: Prepare to Engage MIG will develop a plan for community engagement, mapping out how and when to use engagement and communication techniques in a Community Outreach and Engagement Plan. We will work with the City to identify stakeholders, including both City staff and community groups, whose insights and support will help build a successful park. This plan will guide our efforts as we gather information, listen to the community and work towards the final site plan. Should the community engagement plan identify different efforts than those included below, the scope and fee will need to be revised.

Task 1.5 Inclusive Play Primer Presentation
To assist the City in gaining internal staff support for the Jollyman Play Area mission and goals, MIG will provide a two-hour interactive virtual presentation about the importance and goals of an inclusive play area. MIG will create a virtual presentation to be attended by City Staff and key stakeholders. The goal for this meeting is to get all the various stakeholders to understand the project goals, learn information about inclusivity, and begin speaking the same language when it comes to inclusive play environments. The City may post to their website for a period of 3 months and keep a recording of the presentation for internal staff use.

Task 1.6 Project Management and Team Coordination
MIG will coordinate the work of the MIG Team throughout the duration of the design phases, prepare the Project schedule, monitor the Project budget, establish, and monitor project quality, setup project accounting and prepare and submit monthly invoices. The MIG Team will coordinate and strategize with the City via 1-hour video calls to review progress and discuss direction and next steps. Please refer to the accompanying fee spreadsheet for the assumed task duration and number of meetings for each phase. MIG's project manager will participate in these calls, as well as other pertinent team member at times, depending on the agenda.

TASK 1 DELIVERABLES
■ Final Scope and Schedule
■ Community Outreach and Engagement Plan
■ Inclusive Play Primer Recording
■ Coordination meeting notes (for meetings led by the MIG Team) ■ Monthly invoices
TASK 2: DATA COLLECTION AND EXISTING CONDITIONS
TASK 2.1 Topographic Survey
BKF will prepare a topographic survey of the 1.75 ac project area and surroundings as outlined on the project limits diagram (see Survey Exhibit on the last page). Topographic survey will not include a boundary survey.

Task 2.2 Existing Utilities & Stormwater Coordination
BKF will identify existing utilitity locations, through records research and online databases, perform a Site visit to document those utilities whose above ground features can be determined by visual means and discuss potential utility constraints with MIG and the City. BKF will also document in a graphic the existing project site drainage conditions, along with new stormwater requirements to meet City/County/Regional requirements.

TASK 2.3 Geotechnical Report
Ninyo + Moore will conduct geotechnical sampling, to include taking two exploratory borings within the project site to ascertain subsurface soil conditions. They will interpret borings and provide a geotechnical report to address design of the playground pavement types and footings. Provide a copy of the Geotechnical Report to the City.
2 193
CC 06-04-2024
193 of 657

EXHIBIT A
TASK 2.4 Review of Requirements, Existing Conditions and Background Documents The MIG Team will review codes, standards and environmental regulations applicable to Jollyman Pa rk and the potential park improvements. We will review City-provided documents and on-line research, regarding the site's natural, social and cultural history, including land use, demographics, property boundaries, as well as ongoing site operations and maintenance issues.

Task 2.5 Site Analysis, Opportunities & Constraints
The MIG Team will develop a scaled base map of the park site, using an aerial and/or the survey, which assembles relevant information on the existing park site and the area immediately adjacent, including circulation, park features, trees and other information as appropriate. We will prepare a graphic summarizing existing assets, issues and opportunities, including circulation and accessibility, landscape features and overall character, paying special attention to human developmental needs and environmental health and sustainability.

Task 2.6 Community Engagement Part 2: Listen, Learn, Vision Building on the engagement plan and key stakeholders identified in Community Engagement Part 1, The MIG Team will prepare graphic materials to be used in several outreach methods identified in the plan. Our assumption is that this will include an on line survey; boards with similar content and a QR code that the City may print, laminate and hang at the park; (1) virtual community meeting; and (2) smaller stakeholder meetings-either virtual or outdoors. Materials will be designed to both share the site analysis and listen to the community's own site expertise and local knowledge. In addition to patterns of use and desired experiences, MIG will work with the City to strategize engagement activities that will also provide an understanding of the site and area's underlying character and cultural influences, which can be expressed in the design.

Task 2.7 Analysis and Outreach Summary Report
The MIG team will prepare an existing condition report that details the requirements, existing conditions, assumptions, constraints, opportunities, risks and risk mitigation. The report should also reflect community outreach participant input. This report will be available for the City to post to the web to keep the community informed, for help with fund raising, and for use as background for other City presentations made by City staff.

Task 2.8 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.

TASK 2 DELIVERABLES
Unless otherwise noted, all deliverables will be provided in PDF format. We assume one round of minor revisions for each based on the City's consolidated comments.
■ Topographic Survey (AutoCad file and PDF)
■ Existing Utilities and Drainage Conditions Summary Graphic ■ Geotechnical Report
■ Project Base Map & Site Analysis
■ Site Analysis, Opportunities & Constraints Graphics
■ Community Engagement Part 2 materials
■ Analysis and Engagement Summary Report
■ City Review Meetings Agendas & Meeting summaries
■ Monthly invoices
TASK 3: CONCEPT DESIGN
Task 3.1 Draft Concept Designs
The MIG Team will prepare up to (2) Concept Plans that depict the scale and relationships between the different park areas and show how the elements are organized and connected within each area. Alternatively, the analysis 3 194
CC 06-04-2024
194 of 657

EXHIBIT A
and input may direct the project towards one primary layout with options. The Concept drawings will contain enough information to explain the general form, content, and quality of the design, including:
• Site vision statement with a short narrative description that characterize the main features, unique aspects, visitor experience, program elements, and operations • Concept plan
• Precedent design images to support the design ideas
• Opinion of Probable Costs
• Monthly invoices
Task 3.2 City Review Meeting
Two-hour virtual meeting. MIG will present the (2) Concept Plans to City Staff for feedback and approval. MIG and the City will also use this meeting to coordinate the details of the upcoming public engagement actions and events.

Task 3.3 Commission/Council Meetings
MIG will present the Concept Plans at (2) Commission/Council meetings for input and approval, such as Parks and Recreation Commission and City Council. Assume each is a virtual one-hour meeting. More presentations can be accommodated through extra services if needed.

Task 3.4 Community Engagement Part 3: Consider the Concepts MIG will revise/finalize the Concept Plans per City feedback and create both analog and digital content to share the Concept Plans with the public for evaluation and feedback. MIG will review the public engagement materials with City Staff for approval. MIG will monitor any online survey results over a two- to three-week period. MIG will also lead up to (2) additional community conversations (either facilitated on line or, if social distancing policies allow as small coffee meetings), intercept events, pop-ups, or outreach opportunities as determined with the City.

Task 3.5 City Review Meeting
Two-hour virtual meeting. MIG will meet with the City to discuss the community engagement process and feedback; and to go over options and direction for developing the Preferred Concept.

Task 3.6 Preferred Concept Design
The MIG Team will incorporate the public and City feedback into a Preferred Concept. The Preferred Concept will contain enough information to explain the general form, content, and quality of the design, including:
• a statement describing the vision for the site
• a short narrative description that characterizes the main features, unique aspects, visitor experience, program elements, and operations
• precedent design images to support the concept plan
• Conceptual level grading plans for disturbed areas within the project limits • Conceptual utility connection plans including storm drainage, preliminary stormwater treatment and detention facility sizes, sanitary sewer, water, and fire protection services • Opinion of Probable Costs
Task 3. 7 City Review Meeting
Two-hour virtual meeting. MIG will present the Preferred Concept to the City for review and feedback.

Task 3.8 Illustrative 3d/Bird's-eye view Graphic
Provide an illustrative 3d or Bird's-eye view site graphic to share with the community and help with fund raising.

Task 3.9 Community Engagement Part 4: Define the Project MIG will finalize the Preferred Concept per the City feedback and will create graphics and materials for a final virtual public presentation. MIG will review the public engagement materials with City Staff for approval. Allow for (1) round of revisions.
4 195
CC 06-04-2024
195 of 657

EXHIBIT A
MIG will share the Preferred Concept design and Illustrative Graphic with the public to show how earlier community input shaped the final concept. MIG will provide a multi-media, online walk-through of the Preferred Concept with an opportunity to provide general feedback. This step is an opportunity to celebrate the culmination of the community engagement process and mark the transition to the next stage-construction drawings and building the new playground.

Task 3.10 City Review Meeting
Two-hour virtual meeting. MIG will meet with City Staff to discuss the public's comments and get final approval before moving into the Construction Documents phase.

Task 3.11 Environmental Approvals Coordination
MIG will provide minor assistance with graphics and coordination. More help may be provided if desired as additional services.

Task 3.12 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.

TASK 3 DELIVERABLES
Unless otherwise noted, all deliverables will be provided in PDF format. We assume one round of minor revisions for each based on the City's consolidated comments.
• Draft Plans & Opinion of Probable Costs
• Commission/Council Presentations (2)
• Community Engagement Part 3 materials and summaries
• City Review Meetings Agendas & Meeting summaries
• Preferred Concept Plan & Opinion of Probable Costs
• Illustrative 3D/Birdseye Graphic
• Community Engagement Part 4 materials and summaries
• Monthly invoices
TASK 4: CONSTRUCTION DOCUMENTS (CD)
The MIG Team will prepare design plans, construction documents, specifications and opinions of probable costs at the milestones noted below. We will schedule the design and bid process, identifying significant milestone dates and actions items for the project team and assist the City in developing bid documents to advertise for construction. 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 4.1 Preliminary CD Plans
The MIG Team will prepare preliminary plans in AutoCAD showing the layout of proposed play area elements, including play elements, paving, site furnishings, planting areas and other site features.

Task 4.2 Preliminary CD City Check-in Meeting
MIG will facilitate a meeting with City staff to review consolidated comments on the preliminary plans to clarify questions and confirm corrections or minor refinements needed for the 50% set. A summary of the meeting will be prepared.

Task 4.3 50% CD Submittal
The MIG Team will prepare construction documents to a 50% level of completion, drafted in digital format using AutoCAD. Plans shall be prepared at a minimum of 1" = 20' scale, As part of the package, the MIG Team will 5 196
CC 06-04-2024
196 of 657

EXHIBIT A
develop a materials and equipment schedule reflecting site material, equipment and furnishing selections so the City can review the new playground'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 4.4 50% CD Opinion of Probable Costs
The MIG Team will develop an Opinion of Probable Costs based on the submitted plans.

Task 4.5 50% CD Regulatory Approval Coordination/Assistance (Allowance) The MIG Team has a small allowance to allow for regulatory approval document preparation and coordination for City reviews such as ADA review, stormwater, and the maintenance department.

Task 4.6 City Review Meeting
The City will provide one set of consolidated review comments detailing the required changes to the 50% CD drawings and opinion of probable costs. These will be discussed in a two-hour (maximum) virtual meeting between the City and MIG to confirm design direction before beginning the 90% CD package.

Task 4.7 90% CD Submittal
Based on the 50% CD's submittal and incorporating the City's direction from the 50% CD review meeting, the MIG Team will prepare construction documents to a 90% level of completion. The MIG Team will also provide CSI format technical specifications related to the scope of work. Design documentation, including specifications, will be consistent with required federal, state, and local codes and regulations.

Task 4.8 90% CD Opinion of Probable Costs & QA/QC Review The MIG Team will develop an Opinion of Probable Costs based on the submitted plans. MIG's QAQC team will perform an in-house review of drawing set and specifications to ensure Quality Assurance+ Quality Control.

Task 4.9 City Review Meeting
The City will provide one set of consolidated review comments detailing any required changes to the Design 90% CD package. These will be discussed and finalized in a two-hour (maximum) virtual meeting between the City and MIG prior to finalizing the 100% CD package.

Task 4.10 100% CD Submittal/Permit Set
Based on the final consolidated list of comments and direction from the City, the MIG Team will advance the construction documents set to a level of 100% completion. We will produce final technical specifications in CSI format to describe the requirements for construction materials, equipment, systems, standards, and workmanship.

The City will be responsible for providing the Division I specifications sections. The MIG team assumes that multiple permit packages are not required and that 100% construction documents will be 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). One round of minor edits may be incorporated by the MIG Team to create the final Permit Set.

Task 4.11 Bid Set Preparation
Incorporating minor revisions related to comments from the permitting review, the MIG Team will prepare final design (bid) documents based on the 100% drawings and techncial specifications.

Task 4.12 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.

TASK 4 DELIVERABLES
Unless otherwise noted, all deliverables will be provided in PDF format. • Preliminary plans (In-progress check-in) for City Review • Design Development (50% CD) Submittal - Drawings and Spec TOC • Design Development (50% CD) Opinion of Probable Costs 6 197
CC 06-04-2024
197 of 657

EXHIBIT A
• 90% CD Submittal - Drawings and Specs
• 90% CD Opinion of Probable Costs
• 100% CD Drawing Set - Drawings and Specs
• 100% CD Opinion of Probable Costs
• Monthly invoices
TASK 5: BIDDING SUPPORT
Task 5.1 Pre-bid Meeting
MIG will attend the pre-bid meeting to respond to questions about the Construction Documents.

Task 5.2 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 5.3 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' questions.

Task 5.4 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.

TASK 5 DELIVERABLES
Unless otherwise noted, all deliverables will be provided in PDF format. • 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 6: CONSTRUCTION ADMINISTRATION
Task 6.1 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 meeting 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 6.2 Responses to Contractor Submittals
The MIG Team will review and take appropriate action (approve with modifications, reject, etc.) on the Contractor's submittals 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 will 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 assumes a maximum 7 198
CC 06-04-2024
198 of 657

EXHIBIT A
of two reviews of contractor submittals and shop drawings. Additional reviews can be provided through additional services (see last section).

Task 6.3 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 Civil engineer will perform up to three (3) site visit/reviews, as requested by City. Task assumes a maximum construction duration of ten months.

Task 6.4 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 6.5 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 6.6 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.

TASK 6 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:
• 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. • Preparation of phased or multiple-packaged construction documents. 8 199
CC 06-04-2024
199 of 657

EXHIBIT A
• 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 to assist with VE and/or bid negotiations, it is available on a Time and Materials basis.
• Arborist Report
• Project Record Drawings
PROJECT SCOPE ASSUMPTIONS:
• CLIENT: 'The City' refers to the City of Cupertino's Jollyman project team. • BUDGET: Scope and fee is based on a construction budget of $2,910,000 ($2,670,000 base budget with a $240,000 contingency). The City has identified a fundraising goal of $1,000,000. If fundraising goals are not met, there will be a shortfall. 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 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 as 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 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. • UTILITIES: The site is adequately served by utilities adjacent to the site. • OFFSITE UTILITIES/STREET/PARKING DESIGN: Offsite utility or street/parking design beyond the identified playground area 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.
• EXISTING UTILITY DISTRIBUTION: It is assumed that existing utility distribution systems will not be impacted by the proposed development.
9 200
CC 06-04-2024
200 of 657

EXHIBIT A
SURVEY AREA:
10 201
CC 06-04-2024
201 of 657

EXHIBIT A
City of Cupertino I Jollyman Park All-Inclusive Playground estimated ro · ect cost
,,;.;;. ··························..;..,
... . .............. .
. -
Utyo/C'-'!>fflw,o •.Joll),m.,, P..-lt .IJl-lnclus,,.,. P!aygrou,,d I FM l"roj:,otal 202
CC 06-04-2024
202 of 657
EXHIBIT B: Schedule
Jollyman Park All-Inclusive Playground
Task 1: Project Initiation and Ongoing Project Management -January 2022 (0.5 month) Task 2: Data Collection and Existing Conditions -Jan -Feb 2022 (1.5 months) Task 3: Concept Design - Mar -June 2022 (4 months)
Task 4: Construction Documents -June 2022 - Mar 2023 (7 months) Task 5: Bidding Support -Apr.-June 2023 (2.5 months)
Task 6: Construction Administration -June 2023 - Mar. 2024 (9.5 months) Project schedule is subject to refinement at the kickoff meeting and will be regularly updated during the course of the project, working with City staff, to better reflect project needs and City review times. 203
CC 06-04-2024
203 of 657
EXHIBIT C: Hourly Rates and Reimbursable Expenses
Jollyman Park All-Inclusive Playground
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
Play Specialist/CPS!
Project Associate
Irrigation Designer
Community Outreach Specialist
Senior Urban Designer
Project Assistant
Planner/Master Plan Advisor
ADA Specialist
Graphic Designer
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
$160
$95
$145
$140
$150
$80
$165
$135
$140
Rate
current IRS rate
cost+ 5%
$0.10/print
$0.50/print
cost+ 5%
cost+ 5%
cost+ 5%
204
CC 06-04-2024
204 of 657

EXHIBITD
Insurance Requirements
Design Professionals & Consultants Contracts
Consultant shall procure prior to commencement of Services and maintain for the duration of the contract, at its own cost and expense, the following insurance policies and coverage with companies doing business in California and acceptable to City.

INSURANCE POLICIES AND MINIMUMS REQUIRED

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

3. Workers' Compensation: As required by the State of California, with Statutory Limits and Employer's Liability Insurance of no less than $1,000,000 per occurrence for bodily injury or disease.

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

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

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

Exh. D-Jnsurance Requirements for Design Professionals & Consultants Contracts Form Updated Sept. 2019 1 205
CC 06-04-2024
205 of 657
Additional Insured Status
The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers ("Additional Insureds") are to be covered as additional insureds on Consultant's CGL and automobile liability policies. General Liability coverage can be provided in the form of an endorsement to Consultant's insurance (at least as broad as ISO Form CG 20 10 (11/ 85) or both CG 20 10 and CG 20 37 forms, if later editions are used).

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

Notice of Cancellation
Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written notice to City 3 0 days in advance or 10 days in advance if due to non-payment of premiums.

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

Deductibles and Self-Insured Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At City's option, either:
the insurer must reduce or eliminate the deductible or self-insured retentions as respects the City/Additional Insureds; or Consultant must show proof of ability to pay losses and costs related investigations, claim administration and defense expenses. The policy shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the insured or the City.

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

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

Subconsultants
Consultant shall require and verify that all subconsultants maintain insurance that meet the requirements of this Contract, including naming the City as an additional insured on subconsultant's insurance policies.

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

Adequacy of Coverage
City reserves the right to modify these insurance requirements/coverage based on the nature of the risk, prior experience, insurer or other special circumstances, with not less than ninety (90) days prior written notice.

Exh. D-Insurance Requirements for Design Professionals & Consultants Contracts Form Updated Sept. 2019 2 206
CC 06-04-2024
206 of 657
ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/OONYYY) ~ 11/22/2021
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

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

PRODUCER ~~~l~cT The Certfiicate Team
AssuredPartners Design Professionals Insurance Services, LLC PHONE I FAX 3697 Mt. Diablo Blvd Suite 230 IA/f' No "•"· (A/C Nol:

Lafayette CA 94549 ~fD~~ss: [email protected] INSURER(S) AFFORDING COVERAGE NAIC#
License#: 6003745 INSURER A : Berkley Insurance Company 32603 INSURED MIGINC0-01 INSURER B : Travelers Property Casualty Company of America 25674 MIG, Inc. INSURER c : The Travelers Indemnity Company of Connecticut 25682 Moore lacofano Goltsman, Inc. 800 Hearst Ave INSURER D :

Berkeley CA 94710 INSURER E:

INSURER F :

COVERAGES CERTIFICATE NUMBER: 2075696555 REVISION NUMBER:

INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE ,.,en wun POLICY NUMBER !MM/DDNYYYl !MM/DDNYYYl LIMITS B X COMMERCIAL GENERAL LIABILITY y y 6801 H899998 8/31 /2021 8/31 /2022 EACH OCCURRENCE $1 ,000,000 - D CLAIMS-MADE 0 OCCUR

DAMAGE TO RENTED
- PREMISES !Ea occurrence\ $1,000,000
X Contractual Liab MED EXP (Any one person) $10,000
- Included PERSONAL & ADV INJURY $1 ,000,000
-GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 Fl 0 PRO- POLICY JECT 0 LOC PRODUCTS - COMP/OP AGG $2,000,000 OTHER: $
C AUTOMOBILE LIABILITY y y BAOS579947 8/31/2021 8/31/2022 COMBINED SINGLE LIMIT $ 1,000,000 /Ea accident! -X ANY AUTO BODILY INJURY (Per person) $ - OWNED - SCHEDULED BODILY INJURY (Per accident) $
- AUTOS ONLY - AUTOS
X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY /Per accident\ - $ B X UMBRELLA LIAB MOCCUR y y CUPOH758762 8/31 /2021 8/31 /2022 EACH OCCURRENCE $10,000,000 - EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000
OED I X I RETENTION $ n $
B WORKERS COMPENSATION y UB2L553909 8/31 /2021 8/31/2022 X I ~ffruTE I I OTHER AND EMPLOYERS" LIABILITY YIN ANYPROPRIETOR/PARTNER/EXECUTIVE □ N/A E.L. EACH ACCIDENT $ 1,000,000
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 1,000,000 ~~i~~ftff3~ ~n~OPERATIONS below E.l. DISEASE - POLICY LIMIT $1 ,000,000 A Professional Liability N y AEC904725003 8/31/2021 8/31 /2022 Each Claim $3,000,000 Annual Aggregate $5,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS/ VEHICLES (ACORD 101 , Additional Remarks Schedule, may be attached if more space is required) Umbrella Liability policy is a follow-form underlying General Liability/Auto Liability/Employers Liability.

Re: Jollyman Park All-Inclusive Playground
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 Ave.

Cupertino CA 95014
CANCELLATION 30 Da s 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 A CORD CORPORATION. All rights reserve d.

ACORD 25 (2016/03) T he ACORD n ame and logo are registered marks of ACORD 207
CC 06-04-2024
207 of 657

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.

CG 20 37 07 04
CG TS 02 XXXX
© ISO Properties, Inc., 2004 Page 1 of 1
DATE OF ISSUE: 08l3112021 208
CC 06-04-2024
208 of 657

COMMERCIAL GENERAL LIABILITY
POLICY NUMBER 6801H899998
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):

Location of Covered Operations:

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 TS 01 xx xx Includes copyrighted material of Insurance Services Office, Inc. with its permission.

DATE OF ISSUE: 08/31 /2021
209
CC 06-04-2024
209 of 657
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 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 is available to such insured
which covers such insured as a named insured,
and we will not share with that other insurance,
pro\lided 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 Cowrage
Part in accordance with our rules and rates.
b. Premium shown in this Cm..erage 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:
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.

9. When We Do Not Renew
If 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

Page 16 ends

Includes copyrighted material of Insurance Services Office, Inc. wtth its permission . 210
CC 06-04-2024
210 of 657
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
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:

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

COVERAGES - COVERAGE A - BODILY

INJURY AND PROPERTY DAMAGE
LIABILITY:

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:

CG D3 79 0219 © 2017 The Travelers Indemnity Company. All rights reserved. Page 5 of 6 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 211
CC 06-04-2024
211 of 657
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

CA T4 37 0216 © 2016 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 212
CC 06-04-2024
212 of 657
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 liability for the
conduct of another "insured".

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

CA T4 74 0216 © 2016 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 213
CC 06-04-2024
213 of 657
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 may 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. © 2015 The Travelers Indemnity Company. All rights reserved . P-age 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 214
CC 06-04-2024
214 of 657
~ TRAVELERSJ WORKERS COMPENSATION
AND

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

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS

Insurance Company Countersigned by ____________ _
Travelers Property Casualty Company of America
DATE OF ISSUE: 1112212021 Page 1 of 1
215
CC 06-04-2024
215 of 657
I
1 Ii
Ii
Ii
SIGNED_MIG for All-Inclusive Playground at
Jollyman Park
Final Audit Report 2021-12-10
Created: 2021-12-09
By: Julia Kins! [email protected])
Status: Signed
Transaction ID: CBJCHBCAABAA4F2c7BjpwgFJsSICx8DpGz7IC4gcweSm "SIGNED_MIG for All-Inclusive Playground at Jollyman Park" Hi story
~ Document created by Julia Kinst [email protected]) 2021-12-09 - 6:39:15 PM GMT- IP address: 64.165.34.3
0"o, Document approved by Julia Kinst [email protected]) Approval Date: 2021-12-09 - 6:41 :23 PM GMT - Time Source: server- IP address: 64.165.34.3 l2. Document emailed to Araceli Alejandre ([email protected]) for approval 2021-12-09 - 6:41 :25 PM GMT
0"0 Document approved by Araceli Alejandre ([email protected]) Approval Date: 2021-12-09 - 11 :56:31 PM GMT - Time Source: server- IP address: 64.165.34.3 l2. Document emailed to Christopher D. Jensen ([email protected]) for signature 2021-12-09 - 11 :56:33 PM GMT
~ Email viewed by Christopher D. Jensen ([email protected]) 2021-12-10- 0:10:34 AM GMT- IP address: 172.225.89.120
0c, Document e-signed by Christopher D. Jensen ([email protected]) Signature Date: 2021-12-10 - 1:47:55 AM GMT-Time Source: server- IP address: 136.24.42.212 l2. Document emailed to Dianne Thompson (she/her) ([email protected]) for signature 2021-12-10 - 1:47:59 AM GMT
~ Email viewed by Dianne Thompson (she/her) ([email protected]) 2021-12-10 - 3:18:35 AM GMT- IP address: 104.28.1 24.179 0"o, Document e-signed by Dianne Thompson (she/her) ([email protected]) Signature Date: 2021 -12-10 - 3:28:01 AM GMT-Time Source: server- IP address: 99.179.16.200 --------~--------- ~
~IJP'll'ITIN9
216
CC 06-04-2024
216 of 657
f8'. Document emailed to Kirsten Squarcia ([email protected]) for signature 2021-12-10 - 3:28:04 AM GMT
~ Email viewed by Kirsten Squarcia ([email protected]) 2021-12-10 - 4:33:05 AM GMT- IP address: 172.225.89.144 0c, Document e-signed by Kirsten Squarcia ([email protected]) Signature Date: 2021-12-10 - 4:33:24 AM GMT - Time Source: server- IP address: 69.110.137.176 9 Agreement completed.
2021 -12-10 - 4:33:24 AM GMT
4;\J l' llfTtNQ
217
CC 06-04-2024
217 of 657

CITY OF
a DESIGN PROFESSIONAL SERVICES AGREEMENT <SINGLE}

WITH MIG, INC

CUPERTINO

2. SERVICES

3. TIME OF PERFORMANCE

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 divided by tasks, Consultant must begin All-Inelusive Playgmund at Jollyman Park
1 of 11
Design Professional Agr (Single)/ October 2021
218
CC 06-04-2024
218 of 657
work on each separate task upon receiving City's Notice to Proceed ("NTP"), and must complete each task within the time specified in ExhibitB.

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

4. COMPENSATION

4.2 Basic Services. City will pay Consultant $389,511 .00 ("Lump Sum Price") for the complete and satisfactory performance of the Basic Services 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.

All-Inclusive Playground at Jollyman Park
2 of 11
Design Professional Agr (Single) / October 2021
219
CC 06-04-2024
219 of 657
b. Rates and Receipts. All 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.

5. INDEPENDENT CONTRACTOR

5.5 Tools, Materials, and Equipment. Consultant will supply and shall be responsible for all tools, materials, 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 otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Consultant shall 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 California Public Employees Retirement System (PERS), the Internal Revenue Service or the State Employment Development Division, determine 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 All-Inclusive-Playground at Jollyman Park
3 of 11
Design Professional Agr (Single)/ October 2021
220
CC 06-04-2024
220 of 657
as a result of such determination, so that the City's total expenses under this Agreement are not greater than they would have been had the determination not been made.

6. PROPRIETARY /CONFIDENTIAL INFORMATION
During the Contract Time, Consultant may have access to private or confidential information owned or controlled by the City, which may contain proprietary or confidential details, the disclosure of which to third parties may be damaging to City. 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 MATERIALS

7.5 Deliverables and Format. Electronic and hard copies of the Work Product constitute part of the Deliverables 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 All-Inclusive Playground at Jollyman Park
4 of 11
Design Professional Agr (Single) I October 2021
221
CC 06-04-2024
221 of 657
items must be in CAD and PDF formats, and unless otherwise specified, other documents must be in Microsoft Office applications and PDF formats.

8. RECORDS

9. ASSIGNMENT
Consultant shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation oflaw or otherwise, without prior written consent of City. Any attempt to do so will be null and void. Any changes related to the financial control or business nature of Consultant as a legal entity will be considered an Assignment subject to City approval, which shall not be unreasonably withheld. For purposes ofthis 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 term of this Agreement and for one (1) year thereafter, will reference the City's contributions in making the project possible. The words "City of Cupertino" will be displayed in all pieces of publicity, including flyers, press releases, posters, brochures, public service announcements, interviews, and newspaper articles. No signs may be posted, exhibited, or displayed on or about City property, except signage required by law or this Agreement, without prior written approval from the City.

11. INDEMNIFICATION

11.1 To the fullest extent allowed by law and except for losses caused by the sole or active All-Inclusive- Playground at Joll yman Park
5 of 11
Design Professional Agr (Single) / October 2021
222
CC 06-04-2024
222 of 657
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. If it 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 harmless 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 expert 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.S(a) and (e) of the California Civil Code.
b. Claims Involving Intellectual Property. Consultant shall indemnify, defend, and hold harmless Indemnitees 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 property 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 for Other Liability. Except as provided in subsections 11.l(a) and (b), to the fullest extent permitted 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, loss, damage, expense, costs (including, without limitation, costs, attorneys' fees, and expert 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 same 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.

All-Inclusive Playground at Jollyman Park
6 of 11
Design Professional Agr (Single) / October 2021
223
CC 06-04-2024
223 of 657

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

11.5 This Section 11 shall survive expiration or termination of this Agreement.

13. COMPLIANCE WITH LAWS

13.3 Discrimination Laws. Consultant shall not discriminate on the basis of race, religious creed, color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy, age, sex, gender, sexual orientation, gender identity, Acquired-Immune Deficiency Syndrome (AIDS), or any other protected classification. Consultant shall comply with all anti-discrimination laws, including All-Inclusive Playground-at Jollyman Park
7 of 11
Design Professional Agr (Single) / October 2021
224
CC 06-04-2024
224 of 657
Government Code Section 12900 and 11135, and Labor Code Section. 1735, 1777, and 3077.5.

14. PROJECT COORDINATION

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

All-Inclusive Playground at Jollyman Park
8 of 11
Design Professional Agr (Single) / October 2021
225
CC 06-04-2024
225 of 657

19. THIRD PARTY BENEFICIARIES
There are no intended third party beneficiaries of this Agreement.

All-Im:lusive Playground..atJollymanEark..
9 of 11
Design Professional Agr (Single) / October 2021
226
CC 06-04-2024
226 of 657

23. HEADINGS
The headings in this Agreement are for convenience on1y, are not a part of the Agreement and in no way affect, limit, or amplify the terms or provisions of this Agreement.

To City of Cupertino:

Office of the City Manager
10300 Torre Ave.

Cupertino, CA 95014
Attention: Evelyn Moran
Email: [email protected]

27. EXECUTION
To Consultant:

All-Inclusive Playground at Jollyman Park
10 of 11
Design Professional Agr (Single) / October 2021
227
CC 06-04-2024
227 of 657
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
ByP~?M~)t,,(4M-/k_)
Name Dianne Thompson (she/her)
Title Acting City Manager
Date Dec 9, 2021
APPROVED AS TO FORM:

Chrisfopher D. Jensen
CHRISTOPHER D. JENSEN
Cupertino City Attorney
ATTEST:

KIRSTEN
~~

SQUARCIA
City Clerk
Date Dec 9, 2021

MIG,INC
By ___________ D+~Pr--- _
Name Chris Beynon
Title Vice President/Chief Development Officer
Date Nov 24, 2021
11 of 11
Design Professional Agr (Single)/ October 2021
228
CC 06-04-2024
228 of 657

EXHIBIT A
Jollyman Park All-Inclusive Playground
Scope of Work

Project Understanding
Located in Cupertino, CA, the project entails replacing the southern existing play area at Jollyman Park with an allinclusive playground. Per the City's RFQ, the project aims to incorporate the best in supportive play theories and practices to appeal to people of all ages and abilities. The design will support recreation and social interaction for people with autism, sensory challenges, cognitive, developmental, and physical disabilities - as well as those without special needs. The project will have specific all-inclusive play amenities that will be further developed from the initial concept design with community engagement. Potential site improvement areas include walkways, storm water runoff reduction, utility identification and adjustments, landscape, irrigation, and similar site improvements within the project area. Recommended site improvements shall be based on the established Cupertino Engineering Standards. The design will be in accordance with AIPG funding guidelines; local, state and federal ADA and playground safety guidelines and requirements.

Task 1.2 Project Scope & Schedule Finalization
MIG will work with the City of Cupertino to customize and finalize the scope and schedule, so that tasks meet the City's preferred process and timeline.

EXHIBIT A
TASK 2.4 Review of Requirements, Existing Conditions and Background Documents The MIG Team will review codes, standards and environmental regulations applicable to Jollyman Park and the potential park improvements. We will review City-provided documents and on-line research, regarding the site's natural, social and cultural history, including land use, demographics, property boundaries, as well as ongoing site operations and maintenance issues.

Task 2.6 Community Engagement Part 2: Listen, learn, Vision Building on the engagement plan and key stakeholders identified in Community Engagement Part 1, The MIG Team will prepare graphic materials to be used in several outreach methods identified in the plan. Our assumption is that this will include an on line survey; boards with similar content and a QR code that the City may print, laminate and hang at the park; (1) virtual community meeting; and (2) smaller stakeholder meetings-either virtual or outdoors. Materials will be designed to both share the site analysis and listen to the community's own site expertise and local knowledge. In a'ddition to patterns of use and desired experiences, MIG will work with the City to strategize engagement activities that will also provide an understanding of the site and area's underlying character and cultural influences, which can be expressed in the design.

Task 3.6 Preferred Concept Design
The MIG Team will incorporate the public and City feedback into a Preferred Concept. The Preferred Concept will contain enough information to explain the general form, content, and quality of the design, including:
• a statement describing the vision for the site
• a short narrative description that characterizes the main features, unique aspects, visitor experience, program elements, and operations
• precedent design images to support the concept plan
• Conceptual level grading plans for disturbed areas within the project limits • Conceptual utility connection plans including storm drainage, preliminary stormwater treatment and detention facility sizes, sanitary sewer, water, and fire protection services • Opinion of Probable Costs
Task 3.7 City Review Meeting
Two-hour virtual meeting. MIG will present the Preferred Concept to the City for review and feedback.

Task 3.8 Illustrative 3d/Bird's-eye view Graphic
Provide an illustrative 3d or Bird's-eye view site graphic to share with the community and help with fundraising.

Task 3.10 City Review Meeting
Two-hour virtual meeting. MIG will meet with City Staff to discuss the public's comments and get final approval before moving into the Construction Documents phase.

Task 3.11 Environmental Approvals Coordination
MIG will provide minor assistance with graphics and coordination. More help may be provided if desired as additional services.

TASK 3 DELIVERABLES
Unless otherwise noted, all deliverables will be provided in PDF format. We assume one round of minor revisions for each based on the City's consolidated comments.
■ Draft Plans & Opinion of Probable Costs
■ Commission/Council Presentations (2)
■ Community Engagement Part 3 materials and summaries
■ City Review Meetings Agendas & Meeting summaries
■ Preferred Concept Plan & Opinion of Probable Costs
■ Illustrative 3D/Birdseye Graphic
■ Community Engagement Part 4 materials and summaries
■ Monthly invoices
TASK 4: CONSTRUCTION DOCUMENTS (CD)
The MIG Team will prepare design plans, construction documents, specifications and opinions of probable costs at the milestones noted below. We will schedule the design and bid process, identifying significant milestone dates and actions items for the project team and assist the City in developing bid documents to advertise for construction. 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.

EXHIBIT A
develop a materials and equipment schedule reflecting site material, equipment and furnishing selections so the City can review the new playground's proposed aesthetic vision.

Task 4.4 50% CD Opinion of Probable Costs
The MIG Team will develop an Opinion of Probable Costs based on the submitted plans.

TASK 4 DELIVERABLES
Unless otherwise noted, all deliverables will be provided in PDF format. • Prel iminary plans {In-progress check-in) for City Review • Design Development (50% CD) Submittal - Drawings and Spec TOC • Design Development (50% CD) Opinion of Probable Costs 6 234
CC 06-04-2024
234 of 657

Task 5.2 Bid Assistance Allowance (Bidder Question Response) The MIG Team has made an allowance to prepare responses to bidders' questions to clarify the construction documents.

EXHIBIT A
of two reviews of contractor submittals and shop drawings. Additional reviews can be provided through additional services (see last section).

EXHIBIT A
• 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 to assist with VE and/or bid negotiations, it is available on a Time and Materials basis.
• Arborist Report
• Project Record Drawings
PROJECT SCOPE ASSUMPTIONS:
• CLIENT: 'The City' refers to the City of Cupertino's Jollyman project team. • BUDGET: Scope and fee is based on a construction budget of $2,910,000 ($2,670,000 base budget with a $240,000 contingency). The City has identified a fundraising goal of $1,000,000. If fund raising goals are not met, there will be a shortfall. 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 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 as 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 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. • UTILITIES: The site is adequately served by utilities adjacent to the site. • OFFSITE UTILITIES/STREET/PARKING DESIGN: Offsite utility or street/parking design beyond the identified playground area 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.
• EXISTING UTILITY DISTRIBUTION: It is assumed that existing utility distribution systems will not be impacted by the proposed development.
9 237
CC 06-04-2024
237 of 657

EXHIBIT A
SURVEY AREA:
10 238
CC 06-04-2024
238 of 657

EXH IBIT A
City of Cupertino I Joltyman Park All-Inclusive Playground estimated ro · ect cost
·····--_-........... •········ ·:::
........ - 1 ··········· ......... .
239
CC 06-04-2024
239 of 657
EXHIBIT B: Schedule
Jollyman Park All-Inclusive Playground
Task 1: Project Initiation and Ongoing Project Management -January 2022 (0.5 month) Task 2: Data Collection and Existing Conditions -Jan -Feb 2022 (1.5 months) Task 3: Concept Design - Mar -June 2022 (4 months)
Task 4: Construction Documents -June 2022 - Mar 2023 (7 months) Task 5: Bidding Support -Apr.-June 2023 (2.5 months)
Task 6: Construction Administration -June 2023 - Mar. 2024 (9.5 months) Project schedule is subject to refinement at the kickoff meeting and will be regularly updated during the course of the project, working with City staff, to better reflect project needs and City review times. 240
CC 06-04-2024
240 of 657
EXHIBIT C: Hourly Rates and Reimbursable Expenses
Jollyman Park All-Inclusive Playground
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:

EXHIBITD
Insurance Requirements
Design Professionals & Consultants Contracts ---- Consultant shall procure prior to commencement of Services and maintain for the duration of the contract, at its own cost and expense, the following insurance policies and coverage with companies doing business in California and acceptable to City.

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

3. Workers' Compensation: As required by the State of California, with Statutory Limits and Employer's Liability Insurance of no less than $1,000,000 per occurrence for bodily injury or disease.

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

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

OTHER INSURANCE PROVISIONS
The aforementioned insurance shall be endorsed and have all the following conditions and provisions:
-----,-
Exh. D-lnsurance Requirements for Design Professionals & Consultants Contracts Form Updated Sept. 2019 1 242
CC 06-04-2024
242 of 657
Additional Insured Status
The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers ("Additional Insureds") are to be covered as additional insureds on Consultant's CGL and automobile liability policies. General Liability coverage can be provided in the form of an endorsement to Consultant's insurance (at least as broad as ISO Form CG 20 10 (11/ 85) or both CG 20 10 and CG 20 37 forms, iflater editions are used).

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

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

S ubcons ultants
Consultant shall require and verify that all subconsultants maintain insurance that meet the requirements of this Contract, including naming the City as an additional insured on subconsultant's insurance policies.

Exh. D-Insurance Requirements for Design Professionals & Consultants Contracts Form Updated Sept. 2019 2 243
CC 06-04-2024
243 of 657
ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 11/22/2021
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

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

PRODUCER ~~~1~cT The Certfiicate Team
AssuredPartners Design Professionals Insurance Services, LLC PHONE I FAX 3697 Mt. Diablo Blvd Suite 230 IAlr .,ft"•"' IA/C Nol:

Lafayette CA 94549 ifD~~ss: [email protected] INSURER(S) AFFORDING COVERAGE NAIC#
License#: 6003745 INSURER A : Berkley Insurance Company 32603 INSURED MIGINC0-01 INSURER B : Travelers Property Casualty Company of America 25674 MIG, Inc. INSURER c : The Travelers Indemnity Company of Connecticut 25682 Moore lacofano Goltsman, Inc. 800 Hearst Ave INSURERD :

Berkeley CA 94710 INSURER E:

INSURER F :

COVERAGES CERTIFICATE NUMBER: 2075696555 REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.

EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE ••••n "n,n POLICY NUMBER IMM/DDNYYYl IMM/DDNYYYl LIMITS B X COMMERCIAL GENERAL LIABILITY y y 6801 H899998 8/31/2021 8/31/2022 EACH OCCURRENCE $1 ,000,000 - □ CLAIMS-MADE 0 OCCUR

DAMAGE TO RENTED
PREMISES /Ea occurrence\ $1,000,000
X Contractual Uab MED EXP (Any one person) $10,000 - Included PERSONAL & ADV INJURY $1 ,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 =i 0 PRO- POLICY JECT 0LOC PRODUCTS - COMP/OP AGG $2,000,000 OTHER: $
C AUTOMOBILE LIABILITY y y BAOS579947 8/31 /2021 8/31/2022 COMBINED SINGLE LIMIT $1 ,000,000 /Ea accident\ - X ANY AUTO BODILY INJURY (Per person) $ - - OWNED SCHEDULED BODILY INJURY (Per accident) $ - AUTOS ONLY - AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY /Per accident\ - $ B X UMBRELLA LIAB MOCCUR y y CUPOH758762 8/31 /2021 8/31/2022 EACH OCCURRENCE $10,000,000 - EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000
OED I X I RETENTION$ n $
B WORKERS COMPENSATION y UB2L553909 8/31 /2021 8/31 /2022 X I ~ffruTE I I OTHER AND EMPLOYERS' LIABILITY Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE □ E.L. EACH ACCIDENT $1,000,000
OFFICER/MEMBER EXCLUDED? N/A
(Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $1 ,000,000 If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1 ,000,000 A Professional Liability N y AEC904725003 8/31 /2021 8/31/2022 Each Claim $3,000,000 Annual Aggregate $5,000,000
DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101 , Additional Remarks Schedule, may be attached if more space is required) Umbrella Liability policy is a follow-form underlying General Liability/Auto Liability/Employers Liability.

Re: Jollyman Park All-Inclusive Playground
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 Ave.

Cupertino CA 95014
CANCELLATION 30 Da s 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.

ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 244
CC 06-04-2024
244 of 657

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.

CG 20 37 07 04
CG TS 02XXXX
© ISO Properties, Inc., 2004 Page 1 of 1
DATE OF ISSUE: 08/31/2021 245
CC 06-04-2024
245 of 657

COMMERCIAL GENERAL LIABILITY
POLICY NUMBER 6801H899998
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):

Location of Covered Operations:

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 0 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: oa13112021
246
CC 06-04-2024
246 of 657
Policy # 6801 H899998

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.
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 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 inj.lry" 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.

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

SECTION V - DEFINITIONS

Page16of21 © 2017 The Travelers Indemnity Company. All rights reserved. CG T1000219 Includes copyrighted material of Insurance Services Office , Inc. with its permission . 247
CC 06-04-2024
247 of 657
Policy # 6801 H899998
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 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:

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

COVERAGES - COVERAGE A - BODILY

INJURY AND PROPERTY DAMAGE
LIABILITY:

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:

GG-03~9--02 19 © 201 Hhe----Travelers Indemnity Company. All rights reserved. Page 5 oL6 Includes copyrighted material of Insurance Services Office, Inc. with Its permission. 248
CC 06-04-2024
248 of 657
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

CA T4 37 0216 © 2016 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 249
CC 06-04-2024
249 of 657
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 liability for the
conduct of another "insured".

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

CA T4 74 0216 © 2016 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 250
CC 06-04-2024
250 of 657
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:

CA T3 40 02 15 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 251
CC 06-04-2024
251 of 657
~ TRAVELERSJ WORKERS COMPENSATION
AND

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

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS

12. Document emailed to Araceli Alejandre ([email protected]) for approval 2021-12-09 - 6:41 :25 PM GMT
0'0 Document approved by Araceli Alejandre ([email protected]) Approval Date: 2021-12-09 - 11 :56:31 PM GMT - Time Source: server- IP address: 64.165.34.3

12. Document emailed to Christopher D. Jensen ([email protected]) for signature 2021-12-09-11:56:33 PM GMT
~ Email viewed by Christopher D. Jensen ([email protected]) 2021-12-10- 0:10:34 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 :47:55 AM GMT - Time Source: server- IP address: 136.24.42.212

12. Document emailed to Dianne Thompson (she/her) ([email protected]) for signature 2021-12-10-1:47:59AM GMT
~ Email viewed by Dianne Thompson (she/her) ([email protected]) 2021-12-10- 3:18:35 AM GMT- IP address: 104.28.124.179
0'0 Document e-signed by Dianne Thompson (she/her) ([email protected]) Signature Date: 2021-12-10 - 3:28:01 AM GMT - Time Source: server- IP address: 99.179.16.200 a I POW:REDBY
Adobe Sign
Ct.Jl"ll'rrlt,IQ
253
CC 06-04-2024
253 of 657
18'. Document emailed to Kirsten Squarcia ([email protected]) for signature 2021-12-10- 3:28:04 AM GMT
~ Email viewed by Kirsten Squarcia ([email protected]) 2021-12-10- 4:33:05 AM GMT- IP address: 172.225.89.144
0'0 Document e-signed by Kirsten Squarcia ([email protected]) Signature Date: 2021-12-10 - 4:33:24 AM GMT - Time Source: server- IP address: 69.110.137.176 0 Agreement completed.
2021-12-10- 4:33:24 AM GMT
I KJWE'RfD3Y
Adobe Sign
254
CC 06-04-2024
254 of 657
May 16, 2024
Susan Michael, Capital Projects Programs Manager
City of Cupertino, City Hall
10300 Torre Ave.

Cupertino, CA 95014
EXHIBIT A-5
Re: Revised Additional Services #5 Jollyman Park Inclusive Playground (MIG proj. no. 30902) Dear Susan,
We are requesting additional services to assist the City with construction observation beyond the scope of work in the original contract. The original contract expired in December 2024, as we expected the construction to be complete well before that date. In fact, the duration of the work has been extended with construction scheduled to begin in the summer of 2024, and will continue into Spring/Summer of 2025.

The construction observation/administration work has expanded to include additional utility coordination, public art coordination, and extended involvement including site visits. The following summarizes the MIG team's request for additional work and fees that are above and beyond the original contract, signed Dec. 9, 2021. We will need a contract extension to 8/31/2025 as construction will continue beyond our 12/31/2024 contract end date. All other terms in the original contract remain in effect.

Add Services (Task 10: Construction Observation)
We are requesting additional fees to requested assistance with construction observation; effort to be coordinated with City staff:

Task 10 Construction Observation
Total Add Service #5
Sincerely,
Principal, Director of Community Design Services
MIG
: $45,000
$45,000

PLANNING I DESIGN I COMMUNICATIONS I MANAGEMENT I SCIENCE I TECHNOLOGY 800 Hearst Avenue • Berkeley, CA 94710 • USA • 510-845-7549 • www.migcom.com Offices in: California • Colorado • Oregon • Texas • Washington 255
CC 06-04-2024
255 of 657
256
CC 06-04-2024
256 of 657

CITY OF
El PROFESSIONAL/CONSULTING SERVICES AGREE1\1ENT

CUPERTINO

1. PARTIES
This Agreement is made by and between the City of Cupertino, a municipal corporation ("City"), and 4Leaf, Inc ("Contractor"), a Corporation for Construction Management Jollyman Park Project, and is effective on the last date signed below ("Effective Date").

2. SERVICES

2.1 Contractor agrees to provide the services and perform the tasks ("Services") set forth in detail in Scope of Services, attached here and incorporated as Exhibit A. Contractor further agrees to carry out its work in compliance with any applicable local, State, or Federal order regarding COVID-19.

2.2 Contractor's duties and services under this agreement shall not include preparing or assisting the City with any portion of the City's preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the City.

The City shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. Contractor's participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. Contractor shall cooperate with the City to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by contractor pursuant to this agreement.

3. TI1\1E OF PERFORMANCE

3.1 This Agreement begins on the Effective Date and ends on June 30, 2026 ("Contract Time"), unless terminated earlier as provided herein. Contractor's Services shall begin on the effective date and shall be completed by June 30, 2026. The City's appropriate department head or the City Manager may extend the Contract Time through a written amendment to this Agreement, provided such extension does not include additional contract funds. Extensions requiring additional contract funds are subject to the City's purchasing policy.

3.2 Schedule of Performance. Contractor must deliver the Services in accordance with the Schedule of Performance, attached and incorporated here Exhibit B.

3.3 Time is of the essence for the performance of all the Services. Contractor must have sufficient time, resources, and qualified staff to deliver the Services on time. 4Leaf, Inc. for Construction Management Jollyman Park Project

Page 1 of 9 ends

257
CC 06-04-2024
257 of 657

4. COMPENSATION

4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Services an amount that will based on actual costs but that will be capped so as not to exceed $393,081.00 ("Contract Price"), based upon the scope of services in Exhibit A and the budget and rates included in Exhibit C, Compensation attached and incorporated here. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor's actual costs exceed the capped amount. No extra work or payment is permitted without prior written approval of City.

4.2 Invoices and Payments. Monthly invoices must state a description of the deliverable completed and the amount due for the preceding month. Within thirty (30) days of completion of Services, Contractor must submit a requisition for final and complete payment of costs and pending claims for City approval. Failure to timely submit a complete and accurate payment requisition relieves City of any further payment or other obligations under the Agreement.

5. INDEPENDENT CONTRACTOR

5.1 Status. Contractor is an independent contractor and not an employee, partner, or joint venture of City. Contractor is solely responsible for the means and methods of performing the Services and for the persons hired to work under this Agreement. Contractor is not entitled to health benefits, worker's compensation, or other benefits from the City. 52 Contractor's Qualifications. Contractor warrants on behalf of itself and its subcontractors that they have the qualifications and skills to perform the Services in a competent and professional manner and according to the highest standards and best practices in the industry. 53 Permits aitd Licenses. Contractor warrants on behalf of itself and its subcontractors that they are properly licensed, registered, and/or certified to perform the Services as required by law and have procured a City Business License, if required by the Cupertino Municipal Code. 5A Subcontractors. Only Contractor's employees are authorized to work under this Agreement. Prior written approval from City is required for any subcontractor, and the terms and conditions of this Agreement will apply to any approved subcontractor.

5.5 Tools, Materials, and Equipment. Contractor will supply all tools, materials and equipment required to perform the Services under this Agreement.

5.6 Payment of Benefits and Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor and any of its employees, agents, and subcontractors shall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, fees, contributions, or charges applicable to Contractor's business including, but not limited to, federal and state income taxes. City shall have no obligation whatsoever to pay or withhold any taxes or benefits on behalf of Contractor. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this 4Leaf, Inc. for ConstructionManagement Jollyman Parkl'roject

Page 2 of 9 ends

258
CC 06-04-2024
258 of 657
Agreement is determined by a court of competent jurisdiction, arbitrator, or administrative authority, including but not limited to the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City, and actual attorney's fees incurred by City in connection with the above.

6. PROPRIETARY /CONFIDENTIAL INFORMATION
In performing this Agreement, Contractor may have access to private or confidential information owned or controlled by the City, which may contain proprietary or confidential details the disclosure of which to third parties may be damaging to City. Contractor shall hold in confidence all City information provided by City to Contractor and use it only to perform this Agreement.

Contractor shall exercise the same standard of care to protect City information as a reasonably prudent contractor would use to protect its own proprietary data.

7. OWNERSHIP OF MATERIALS

7.1 Property Rights. Any interest (including copyright interests) of Contractor in any product, memoranda, study, report, map, plan, drawing, specification, data, record, document, or other information or work, in any medium (collectively, "Work Product"), prepared by Contractor in connection with this Agreement will be the exclusive property of the City upon completion of the work to be performed hereunder or upon termination of this Agreement, to the extent requested by City. In any case, no Work Product shall be shown to any third-party without prior written approval of City.
72 Copyright. To the extent permitted by Title 17 of the U.S. Code, all Work Product arising out of this Agreement is considered "works for hire" and all copyrights to the Work Product will be the property of City. Alternatively, Contractor assigns to City all Work Product copyrights.

Contractor may use copies of the Work Product for promotion only with City's written approval. 73 Patents and Licenses. Contractor must pay royalties or license fees required for authorized use of any third party intellectual property, including but not limited to patented, trademarked, or copyrighted intellectual property if incorporated into the Services or Work Product of this Agreement.

7.4 Re-Use of Work Product. Unless prohibited by law and without waiving any rights, City may use or modify the Work Product of Contractor or its sub-contractors prepared or created under this Agreement, to execute or implement any of the following:
(a) The original Services for which Contractor was hired; (b) Completion of the original Services by others;
(c) Subsequent additions to the original Services; and/or (d) Other City projects.

7.5 Deliverables and Format. Contractor must provide electronic and hard copies of the Work Product, on recycled paper and copied on both sides, except for one single-sided original. 4Leaf, Inc. for Construction Management Jollyman Park Project

Page 3 of 9 ends

259
CC 06-04-2024
259 of 657

8. RECORDS
Contractor must maintain complete and accurate accounting records relating to its performance in accordance with generally accepted accounting principles. The records must include detailed information of Contractor's performance, benchmarks and deliverables, which must be available to City for review and audit. The records and supporting documents must be kept separate from other records and must be maintained for four ( 4) years from the date of City's final payment.

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

9. ASSIGNMENT
Contractor shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so will be null and void. Any changes related to the financial control or business nature of Contractor as a legal entity is considered an assignment of the Agreement and subject to City approval, which shall not be unreasonably withheld. Control means fifty percent (50%) or more of the voting power of the business entity.

10. PUBLICITY / SIGNS
Any publicity generated by Contractor for the project under this Agreement, during the term of this Agreement and for one year thereafter, will reference the City's contributions in making the project possible. The words "City of Cupertino" will be displayed in all pieces of publicity, including flyers, press releases, posters, brochures, public service announcements, interviews and newspaper articles. No signs may be posted, exhibited or displayed on or about City property, except signage required by law or this Contract, without prior written approval from the City.

11. INDEMNIFICATION

11.1 To the fullest extent allowed by law, and except for losses caused by the sole and active negligence or willful misconduct of City personnel, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, officials, employees, agents, servants, volunteers, and consultants ("Indemnitees"), through legal counsel acceptable to City, from and against any and all liability, damages, claims, actions, causes of action, demands, charges, losses, costs, and expenses (including attorney fees, legal costs, and expenses related to litigation and dispute resolution proceedings) of every nature, arising directly or indirectly from this Agreement or in any manner relating to any of the following:
(a) Breach of contract, obligations, representations, or warranties; (b) Negligent or willful acts or omissions committed during performance of the Services; (c) Personal injury, property damage, or economic loss resulting from the work or performance 4Leaf,Jnc..for Construction Management Joll.xman Park PJ:Qject

Page 4 of 9 ends

260
CC 06-04-2024
260 of 657
of Contractor or its subcontractors or sub-subcontractors; (cl) Unauthorized use or disclosure of City's confidential and proprietary Information; (e) Claim of infringement or violation of a U.S. patent or copyright, trade secret, trademark, or service mark or other proprietary or intellectual property rights of any third party.

11.2 Contractor must pay the costs City incurs in enforcing this provision. Contractor must accept a tender of defense upon receiving notice from City of a third-party claim. At City's request, Contractor will assist City in the defense of a claim, dispute, or lawsuit arising out of this Agreement.

11.3 Contractor's duties under this section are not limited to the Contract Price, workers' compensation payments, or the insurance or bond amounts required in the Agreement. Nothing in the Agreement shall be construed to give rise to an implied right of indemnity in favor of Contractor against City or any Indemnitee.

11.4 Contractor's payments may be deducted or offset to cover any money the City lost due to a claim or counterclaim arising out of this Agreement, or a purchase order, or other transaction.

11.5 Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 11 from each and every subcontractor, or any other person or entity involved by, for, with, or on behalf of Contractor in the performance of this Agreement.

Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder.

11.6 This Section 11 shall survive termination of the Agreement.

12. INSURANCE
Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit D, and must maintain the insurance for the duration of the Agreement, or longer as required by City. City will not execute the Agreement until City approves receipt of satisfactory certificates of insurance and endorsements evidencing the type, amount, class of operations covered, and the effective and expiration dates of coverage. Failure to comply with this provision may result in City, at its sole discretion and without notice, purchasing insurance for Contractor and deducting the costs from Contractor's compensation or terminating the Agreement.

13. COMPLIANCE WITH LAWS

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

13.2 Labor Laws. Contractor shall comply with all labor laws applicable to this Agreement. If the Scope of Services includes a "public works" component, Contractor is required to comply with prevailing wage laws under Labor Code Section 1720 and other labor laws. 4Leaf, Inc. for Construction Management Jollyman Park Project

Page 5 of 9 ends

261
CC 06-04-2024
261 of 657

13.3 Discrimination Laws. Contractor shall not discriminate on the basis of race, religious creed, color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy, age, sex, gender, sexual orientation, gender identity, Acquired-Immune Deficiency Syndrome (AIDS), or any other protected classification. Contractor shall comply with all anti-discrimination laws, including Government Code Sections 12900 and 11135, and Labor Code Sections 1735, 1777, and 3077.5. Consistent with City policy prohibiting harassment and discrimination, Contractor understands that harassment and discrimination directed toward a job applicant, an employee, a City employee, or any other person, by Contractor or its employees or sub-contractors will not be tolerated. Contractor agrees to provide records and documentation to the City on request necessary to monitor compliance with this provision.

13.4 Conflicts of Interest. Contractor shall comply with all conflict of interest laws applicable to this Agreement and must avoid any conflict of interest. Contractor warrants that no public official, employee, or member of a City board or commission who might have been involved in the making of this Agreement, has or will receive a direct or indirect financial interest in this Agreement, in violation of California Government Code Section 1090 et seq. Contractor may be required to file a conflict of interest form if Contractor makes certain governmental decisions or serves in a staff capacity, as defined in Section 18700 of Title 2 of the California Code of Regulations. Contractor agrees to abide by the City's rules governing gifts to public officials and employees.

13.5 Remedies. Any violation of Section 13 constitutes a material breach and may result in City suspending payments, requiring reimbursements or terminating this Agreement. City reserves all other rights and remedies available under the law and this Agreement, including the right to seek indemnification under Section 11 of this Agreement.

14. PROJECT COORDINATION
City Project Manager. The City assigns Susan Michael as the City's representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Scope of Services. City reserves the right to substitute another Project manager at any time, and without prior notice to Contractor.

Contractor Project Manager. Subject to City approval, Contractor assigns Gene Barry as its single Representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Scope of Services. Contractor's Project manager is responsible for coordinating and scheduling the Services in accordance with the Scope of Services and the Schedule of Performance. Contractor must regularly update the City's Project Manager about the progress with the work or any delays, as required under the Scope of Services. City written approval is required prior to substituting a new Representative.

15. ABANDONMENT OF PROJECT
City may abandon or postpone the Project or parts therefor at any time. Contractor will be compensated for satisfactory Services performed through the date of abandonment, and will be given reasonable time to assemble the work and close out the Services. With City's pre-approval in writing, the time spent in closing out the Services will be compensated up to a maximum often percent (10%) of the total time expended to date in the performance of the Services. 4Leaf, Inc. for Construction Management Jollyman Parle Project

Page 6 of 9 ends

262
CC 06-04-2024
262 of 657

16. TERMINATION
City may terminate this Agreement for cause or without cause at any time. Contractor will be paid for satisfactory Services rendered through the date of termination, but final payment will not be made until Contractor closes out the Services and delivers the Work Product.

17. GOVERNING LAW, VENUE, AND DISPUTE RESOLUTION
This Agreement is governed by the laws of the State of California. Any lawsuits filed related to this Agreement must be filed with the Superior Court for the County of Santa Clara, State of California. Contractor must comply with the claims filing requirements under the Government Code prior to filing a civil action in court. If a dispute arises, Contractor must continue to provide the Services pending resolution of the dispute. If the Parties elect arbitration, the arbitrator's award must be supported by law and substantial evidence and include detailed written findings of law and fact.

18. ATTORNEY FEES
If City initiates legal action, files a complaint or cross-complaint, or pursues arbitration, appeal, or other proceedings to enforce its rights or a judgment in connection with this Agreement, the prevailing party will be entitled to reasonable attorney fees and costs.

19. THIRD PARTY BENEFICIARIES
There are no intended third party beneficiaries of this Agreement.

20. WAIVER
Neither acceptance of the Services nor payment thereof shall constitute a waiver of any contract provision. City's waiver of a breach shall not constitute waiver of another provision or breach.

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

22. INSERTED PROVISIONS
Each provision and clause required by law for this Agreement is deemed to be included and will be inferred herein. Either party may request an amendment to cure mistaken insertions or omissions of required provisions. The Parties will collaborate to implement this Section, as appropriate.
4Leaf, Inc. for Construction Management Jollyman Parle Project

Page 7 of 9 ends

263
CC 06-04-2024
263 of 657

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

24. SEVERABILITY/PARTIAL INVALIDITY
If any term or provision of this Agreement, or their application to a particular situation, is found by the court to be void, invalid, illegal, or unenforceable, such term or provision shall remain in force and effect to the extent allowed by such ruling. All other terms and provisions of this Agreement or their application to specific situations shall remain in full force and effect. The Parties agree to work in good faith to amend this Agreement to carry out its intent.

25. SURVIVAL
All provisions which by their nature must continue after the Agreement expires or is terminated, including the Indemnification, Ownership of Materials/Work Product, Records, Governing Law, and Attorney Fees, shall survive the Agreement and remain in full force and effect.

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

To City of Cupertino
Office of the City Manager
10300 Torre Ave.

Cupertino, CA 95014
Attention: Susan Michael
Email: [email protected]

27. EXECUTION
To Contractor:
4Leaf, Inc.
2126 Rheem Dr.

Pleasanton, CA 94588
Attention: Gene Barry
Email: [email protected]
The person executing this Agreement on behalf of Contractor represents and warrants that Contractor has full right, power, and authority to enter into and carry out all actions contemplated by this Agreement and that he or she is authorized to execute this Agreement, which constitutes a legally binding obligation of Contractor. This Agreement may be executed in counterparts, each one of which is deemed an original and all of which, taken together, constitute a single binding instrument.

SIGNATURES CONTINUE ON THE FOLLOWING PAGE
_______ 4.;.;;; L~eaf, Inc. for Construction Management Jollyman Park Project

Page 8 of 9 ends

264
CC 06-04-2024
264 of 657
IN WITNESS WHEREOF, the parties have caused the Agreement to be executed.

CITY OF CUPERTINO
A Municipal Corporation
By _________ _
Name ________ _
Title _________ _
Date _________ _
APPROVED AS TO FORM:

CHRISTOPHER D. JENSEN
Cupertino City Attorney
ATTEST:

KIRSTEN SQUARCIA
City Clerk
Date _________ _

CONTRACTOR
By F 8 7
Name Gene Barry ----------
Title Vice President
Date May 23, 2024
4Leaf, Inc. for Construction Management Jollyman Park Project

Page 9 of 9 ends

265
CC 06-04-2024
265 of 657

EXHIBIT A, BAND C
- 4LEAF, INC. CONSTRUCTION MANAGEMENT • INSPECTION • PLAN CHECK • PLANNING V)
LLJ u.
~o
> LLJ
City of Cupertino
Susan Michael
Capital Improvement Project Manager
Public Works
10300 Torre Ave.

Cupertino, CA 95014
Submitted via E-mail as Acrobat PDF Document to [email protected] May 20, 2024
RE: Updated Cost Estimate to Provide Construction Management and Inspection Services for the City of Cupertino All-Inclusive Playground at Jollyman Park.

Dear Ms. Michael:
4LEAF, Inc. ("4LEAF") appreciates the opportunity to submit our updated Cost Estimate to provide Construction Management (CM) and Inspection services for the City of Cupertino ("City") Public Works All-Inclusive Playground at Jollyman Park Project ("Project"). This proposal supersedes 4LEAF's Cost Estimate submitted to Evelyn Moran with the City on December 1, 2023, and updated Cost Estimate submitted to you on April 24, 2024.

The attached updated Cost Estimate provides a detailed breakdown of our estimated level of effort and includes the following general assumptions:

LLJ
u
z
•
•
One part-time Construction Manager at an average of 20 hours per week during the construction phase for a duration of 7.5 months.
ffi ...J <(
V) ::::> ~
u. fa ~
One, Construction Inspector at 8 hours per day at regular time rate for 100 working days. Based on our recent conversation, this assumes that the Construction Inspector will not be required to be on site full-time for portions of the project (e.g. when above-ground items are being constructed and can be inspected periodically). We have also included a budgetary estimate for inspection hours at the overtime rate for an assumed 20 hours when the contractor works more than 8 hours /day.
0 :::c O LLJ u u. Cl.. V) ~
0 ocS LLJ u Cl..

V)
V)
LLJ
u
>
~
LLJ
V)
u.
0 LLJ
Cl..
0 u
V)
•
•
Per your request, our estimate includes a cost proposal tram our subconsultant, Construction Testing Services ("CTS") to perform material testing and special inspections. It assumes that CTS will not assume the role of Geotechnical Engineer of Record for the project and will provide the special inspections identified on the Statement of Special Inspections form that was completed by the Design Engineer and provided to 4LEAF by the City. A copy of the Statement of Special Inspections form is provided as Attachment B of this proposal.

Per the City's original request, our cost proposal does not include budget for performing detailed or in-depth labor compliance monitoring services that are typically provided by our subconsultant, Contractor Compliance & Monitoring, Inc. (CCMI). Our cost estimate does include budget for 4LEAF staff to provide intermittent and cursory reviews of contractor and subcontractor certified payroll information that is provided with the contractor pay applications.

No construction schedule or defined construction start date was available at the time of submittal of this cost estimate so we are unable to identify specific staff that may be assigned to the Project at this time. 2 1 26 RHEEM DRIVE • PLEASANTON, CA 94588 •
8896 NORTH WINDING WAY • FAIR OAKS, CA 95628 •
PHONE (925) 462-5959 •
PHONE (916) 965-001 0 •
FAX (925) 462-5958
FAX (91 6) 965-00 1 3
266
CC 06-04-2024
266 of 657

Page 2 ends

Updated Cost Estimate to Provide CM and Inspection Services for the City of Cupertino All-Inclusive Playground at Jollyman Park Project 4LEAF appreciates the opportunity to provide this proposal to the City. If you have any questions, please do not hesitate to contact me by phone at (925) 462-5959 or by e-mail at [email protected].

Respectfully Submitted,
4LEAF, Inc.

Gene Barry, P.E.

Vice President
2126 RHEEM DRIVE • PLEASANTON, CA 94588 •
8896 NORTH WINDING WAY • FAIR OAKS, CA 95628 •
PHONE (925) 462-5959 • FAX (925) 462-5958
PHONE (916) 965-00 1 0 • FAX (916) 965-00 1 3
267
CC 06-04-2024
267 of 657
z
0 V')
~
z
LiJ
a..
~
0 u
0 z
<(
V')
LiJ
u
> a:

LiJ
V')
LL
0 LiJ
a..
0 u
V')
Updated Cost Estimate to Perform Part-Time Construction Management and Full-Time Construction Inspection Services for the City of Cupertino All-Inclusive Playground at Jollyman Park May 20, 2024
... ... ... § § § ~ ~ ~
:;; s s s .. t: t: t: ~ "' .. .. .. C 1k 1k 1k {2. ... "' § ::; =- C li; .!: :;; C C QI §g t: ~ Q. ~ ~ -e o E ~
.,. ~ "' ~ .. B~ B .i:: ~~ ::, .. ::; ::, 2~ ::, :i: 0 iii Q. t; :, VI t: -~ :!! :,: Q.

Sub .... t:::, ~ > .. :c; i t: u C 5 gf C n, e 0.

Task Task Task Description 0 oo ::, 0. 0 a: u u!=. u- Q. Q. < u Notes Hourly Rate $207 $175 $156.67 $211.50 $105.00 $97.85 See Notes (a), (b), & (c). l Preconstrudion Phase Hours Hours Hours Hours Hours Hours Hours la Attend Teleconference Kickoff Meetin• w/ Client. 1 1 1 0 0 3 $539 lb Perform Visual Pre-Construction Project Site Condition 0 2 16 0 0 18 $2,857 Documentation. .. le Review Conformed Set of Project Plans and Specifications. 1 16 8 0 0 2S $4 260 See Note Id\ ld Prepare for and Chair Pre-Construction Conference Meeting. 1 16 4 0 0 21 $3,634 le Receive and Process Early Contractor Submittals. 0 20 4 0 0 24 $4,127 See Note (e). 1f Miscellaneous Pre-Construction Tasks. 0 20 16 0 0 36 $6,007 lg Proiect Mana~ement. 2 0 0 0 0 2 $414
Task 1 Subtotal: 5 75 49 0 0 119 ~21837
2 Construction Phase Hours Hours Hours Hours Hours Hours Hours See Notes (e) & (f) 2a Perform Construction Manaeement. 0 600 0 0 0 600 $10S,OOO See Note (g) 2b Perform Construction Inspections. 0 0 800 20 0 820 $129,566 See Note (g) 2c Receive and Process Subconsultant Invoices. 0 0 0 0 lS lS $1,57S 2c Proiect Management. 30 0 0 0 30 $6,210
2d Materials Testine: and Soecial Inspections (CTS). $70,688 See Note (h) Task 2 Subtatal: 30 600 800 20 15 .. 1,465 $313,039
3 I Post Construction Phase Hours Hours Hours Hours Hours Hours Hours 3a Final Inspections and Provide Red-lined Set of Plans to Client. 0 4 16 0 20 $3,207 3b Construction Management - Project Closeout. 0 24 0 0 24 $4,200 3c Proiect Management. 4 0 0 0 4 $828
Task 3 Subtotal: 4 28 16 0 0
- 48 $8,235
TOTAL 14LEAF + CTS}: 39 703 865 20 15 1642 5343111
4 Public Warks lnsaection Aoorenticeshio /if Reauired} Hours I Hours Hours Hours Hours Hours Hours 4a Provide Public Works lnsoection Aoorentice 0 0 0 0 0 160 160 $15 656 See Notes (a) and (b).

Task 4 Subtotal /Aoorentice Onlv! 0 0 0 0 0 160 160 515.656 I
TOTAL [4LEAF + CTS + Apprentice (if required)] 39 703 865 20 15 160 1,802 $358,767 Notes:
(a) Assumes project will require compliance with California Prevailing Wage rate requirements under SB 854, and the Client will be required to file a PWC-100 Form to the California Department of Industrial Relations for the project. (b) Per the new requirements being enforced under SB 854 and because it Is assumed that a PWC-100 Form will be filed by the City to the CA DIR, 4LEAF is required to notify an authorized Apprenticeship Committee th rough submittal of a DAS-140 form. We are then required to make an official request to an authorized Apprenticeship Committee for an apprentice by submitting a OAS-142 form. We are not assured the apprenticeship committee will be able to provide a suitable/ qualified apprentice for the project. Per the apprenticeship requirements, the hours worl<ed by the apprentice must be in a ratio of 1:5 for apprentice to journeyman hours. Hours are included as a placeholder in the event that an apprenticeship for a public works inspector is required and dispatched by the apprenticeship committee. We have assumed the public works apprentice assigned to the project wiH be classified as a Period l Apprentice as defined by the DI R's Wage Determination dated 8/22.

In the event that a higherdassification apprentice is assigned to the project, we will contact the City to request a change order for this line item. (c) 4LEAF staff will be supplied with typical tools of the trade to perform their daily tasks (e.g. cell phone, laptop computer, and PPE). (d) Not intended as a Constructlbility Review but for 4LEAF staff to come up to speed on the project. (e) Assumes the City will provide budget for the Project Design Team to remain engaged and available during the pre-construction and construction phase to provide responses to design darificatons, RFls, Submittals, etc. {f) No construction schedule was available at the time of preparation for this estimate. (g) Per additional information provided by Susan Michael with the City on 5/17/24 and a phone conversation between Susan and Gene Barry with 4LEAF on 5/20/24, the City requested that the estimate assume that full-time inspections won't be required throughout the project (for instance when the contractor is installing above-ground equipment). The City has not yet contracted with QLM (contractor who is apparent low bidder) and no construction schedule was available. For purposes of this revised estimate, we assumed the construction phase wnl have a duration of 150 working days (7 .5 months). For estimating purposes, we have assumed one, part.time Construction Manager at 20 hrs/wk at 4 wks/mo at 7.5 months during the Construction Phase. We also assume a Construction Inspector at 8 hrs/day for 100 worlting days at regular•time rate and an assumed budgetary estimate of 20 hours at the overtime rate for instances when the contractor wokrs longer than 8 hours per day. This assumes that inspections will not be needed continuously during the construction phase. Does not include any allowance for addltional OT or any nighttime, weekend, or holiday work. If additional nighttime, weekend, or holiday worlt Is required, the requirements for these hours will be billed in accordance with California Prevailing Wage law requirements. If construction inspection frequencies exceed the assumed quantities, if the duration extends past 150 working days, or the contractor works more than 8 hours per day during the project, 4LEAF will submit a budget amendment request. 268
CC 06-04-2024
268 of 657
~ SUBCONSULTANT SCOPE OF SERVICES AND COMENSATION
~ CONSTRUCTION TESTING SERVICES PRELIMINARY ESTIMATE: QUALITY ASSURANCE INSPECTIONS & TESTING DATE:

PROPOSAL No.:

CLIENT:
05/20/2024
P24820
1248 - 4LEAF, Inc
PROJECT: City of Cupertino, All-Inclusive Playground atJollyman Park (4LEAF)
1000 S Stelling Rd
LOCATION: Cupertino
ITEM: I

ONSITE TESTING & INSPECTIONS

REINFORCING STEEL & CONCRETE

FOOTINGS/GRADE BEAMS

WALLS & COLUMNS

SLAB ON GRADE

OTHER - MISC CONCRETE

MISC FIELD TESTING SERVICES

EPOXY REBAR/BOLTS - INSTALL OBSERVATION

EPOXY REBAR/ BOLTS - PROOF LOADING/PULL TESTING (PORTAL TO PORTAL)

EXPANSION/SCREW ANCHOR - INSTALL OBSERVATION

EXPANSION ANCHOR - TORQUE TESTING (PORTAL TO PORTAL)
PORTAL TO PORTAL TRAVEL TIME· TEST EQUIPMENT TRANSPORT
PORTAL TO PORTAL MILEAGE • TEST EQUIPMENT TRANSPORT

SOILS & ASPHALT

GRADING OBSERVATION
ITEM: Ill

SOILS COMPACTION TESTING - SUBGRADE PREPARATION

SOILS COMPACTION TESTING - BUILDING PAD

SOILS COMPACTION TESTING - SITEWORK

SOILS COMPACTION TESTING - TRENCH BACKFILL

PORTAL TO PORTAL TRAVEL TIME - NUCLEAR GAUGE TRANSPORT

PORTAL TO PORTAL MILEAGE - NUCLEAR GAUGE TRANSPORT

LABORATORY TESTING & ENGINEERING
ITEM: IV
CONCRETE COMPRESSION TESTS ( SET OF 5-4X8 CYLINDERS )

SOIL GRADATION

SOIL PLASCIITY INDEX

SOIL MODIFIED PROCTOR

SAMPLE PICK-UPS

MIX DESIGN REVIEW

STAFF ENGINEER

FIELD SUPERVISION

PROJECT MANAGER

PRINCIPAL ENGINEER IN CHARGE

FINAL LETTER - ENGINEER REVIEW

FINAL LETTER

CERTIFIED PAYROLL

ADD ALTERNATE ITEMS

REINFORCING STEEL & CONCRETE

PIERS - CONCRETE PLACEMENT (SUN SHADE)

PIER DRILLING OBSERVATION (SUN SHADE)

ESTIMATED ESTIMATED UNIT

DAYS HOURS PRICE
4 4 $160.00
4 8 $160.00
4 4 $160.00
4 4 $160.00
4 4 $160.00
4 4 $160.00
4 2 $160.00
4 2 $160.00
8 2 $160.00
8 80 $0.670
2 8 $160.00
2 8 $160.00
1 8 $160.00
6 4 $160.00
5 4 $160.00
14 2 $160.00
14 80 $0.670
Preliminary Sub-Total of Onsite Testing & Inspection (approx.)

ESTIMATED UNIT

UNIT/HOURS PRICE
75 $50.00
2 $275.00
2 $400.00
4 $350.00
83 $30.00
3 $310.00
8 $200.00
4 $230.00
3 $200.00
1 $365.00
2 $260.00
1 $310.00

ESTIMATED
TOTAL
$2,560.00
$5,120.00
$2,560.00
$2,560.00
$2,560.00
$2,560.00
$1,280.00
$1,280.00
$2,560.00
$428.80
$2,560.00
$2,560.00
$1,280.00
$3,840.00
$3,200.00
$4,480.00
$750.40
$42,139.20

ESTIMATED
TOTAL
$3,750.00
$550.00
$800.00
$1,400.00
$2,490.00
$930.00
$1,600.00
$920.00
$600.00
$365.00
$520.00
$310.00
9 $180.00 $1,620.00
Preliminary Subtotal of Laboratory Testing & Engineering (a,._p._pr_o_x_.1 __ $_1 __ s_,s_s_s_.o_o-t Preliminary Estimated Fees $57,994.20
Project Administration (12%)
Total Preliminary Estimated Fees

ESTIMATED
DAYS

ESTIMATED

UNIT/HOURS
UNIT
PRICE
$6,959.30
$64,953.50

ESTIMATED
TOTAL
$2,560.00
$2,560.00
Preliminary Sub-Total of Geotechnical Testing & Inspection (approx,) __ $._5""",_12_0_.0_0-I 4 4
4 4
$160.00
$160.00
Preliminary Estimated Fees
Project Administration (12%)
Total Preliminary Estimated Fees
$5,120.00
$614.40
$5,734.40
*Steel shop price based on work being done in Northern California in one shop and one shift. If work is performed at night a 12.5% differential will be charged. **Estimate assumes that CTS will not be acting as the geotechnical engineer of record.

Depending location of facility, travel time and mileage may apply.

A 12% project administration fee will be charged monthly per invoice.

No contingency is budgeted by CTS for uncontrollable overtime, union or prevailing wage increases and unforeseen requirements that may arise in the specifications, as well as for work over the estimated hours. Owner should budget appropriate amount for budgetary purposes.

Estimate based on plans by KPFF Structural Engineers dated, 03/22/24.

No construction schedule was available at the time this estimate was prepared. See attached fee schedule for basis of charges.

The liability of Construction Testing Services (CTS) is limited to CTS's contract value. 269
CC 06-04-2024
269 of 657
~ -··, CONSTRUCTION • i-~-- TESTING SERVICES I I www.cts - 1.com 2024 FEE SCHEDULE - P24820 05/20/2024

PERSONNEL FEES AND BASIS OF CHARGES

INSPECTIONS, ENGINEERING & SPECIAL SERVICES
• FIELD INSPECTION AND LABORATORY SERVICE
Steel Visual
Nondestructive - UT, MT, PT
Steel Visual/UT Combination
Steel Shop Inspections - Outside Northern California
Concrete ACI
Concrete ICC
Masonry
Fireproofing
Firestopping
Shear Wall Nailing/Framing/Hold Downs
Soil Technician w/Nuclear Gauge and/or Sand Cone (portal-to-portal) Asphalt Technician (portal-to-portal)
Shoring/Soldier Piers
Roofing & Waterproofing
NACE Coating Inspection - Level II
NACE Coating Inspection - Level Ill
Med-Gas 6020
Multi-DiscipHned Inspector
Inspector Requiring G1 Pay Grade
Specialty Inspector or Where Formal Certification is Required Field Inspector with Special Enhancement
DSA Masonry Inspector
Safety Manager/Safety lnspector/Jobsite Safety Accountabi6ty Supervisor (JSAS) Laboratory Technician
Additional Sample Preparation nme
Technician Typist
.. PROFESSIONAL ENGINEERING SERVICES
Principal Engineer (CivlVStructuraO
Geotechnical Engineer
Professional Geologist
Consulting Engineer (CivlVStructuraO
Associate Engineer, Licensed
Project Manager/Project Executive
Staff Engineer
Field Supervision
ASNTLevel 111
Drafting
Quality Control Manager

SPECIAL SERVICES
Portable and Mobile Laboratories, NOT and Soils
Epoxy Bolt/Expansion Anchor - Installation Observation
• Epoxy Bolt/Expansion Anchor Proof Load Testing (portaf-to-portaf) • Coring, 1 Person Oncluding equipment) (portal-to-portal) • Coring, 2 Persons Oncluding equipment) (portal-to-portal) • Asphalt Coring (portal-to-portal)
Project Research
Ultrasonic Testing for Non-Metallic Materials
Pavement Rehabilitation Analysis Using Deflections
Roof Moisture Survey
Soil Drilling Equipment
Geotechnica/ Site Investigations/Foundation Reports
Estimating Concrete Strength by the Maturity Method - Equipment Fee $125/kit CSLJCrosshole Sonic Logging
Vector Mapping
Roof Uplift Testing
Inclinometer Testing
Vibration Moniroring/Accelerometer
TIit Monitoring
External Windows And Doors Dynamic Water Penetration Testing Curtain Wall Testing
Ground Penetrating Radar
OCP - Dynamic Cone Penetrometer
Gamma-Gamma Logging of CIDH Piles (Daily Rate)
FGIA/AAMA Window and Skylight Testing (Daily Rate)
Pachometer, Schmidt Hammer, Windsor Probe, Skidmore - Equipment Fee $115/0ay (portal-to-portal) Ultrasonic Pulse Velocity Testing - Equipment Fee $250/0ay (portaf-to-portal) Impact Echo Testing - Equipment Fee $250/Day (portal-to-portal) Floor Flatness Testing FF/FL- Equipment Fee $115/Day (portal-to-portal) Surface Frictional Properties Using Pendulum Tester- Equipment Fee $115/0ay (porta~to-portal) Measuring Moisture Vapor Emission Rate (Calcium Chloride) - $55/Kit (portal-to-portal) Relative Humidity Testing -$75/Kit (portal-to-portal)
Ferroscan - Equipment Fee $115/day (portal-to-portal)
GPR - Equipment Fee $115/day (portal-lo-portal)
Dynamic Cone Penetrometer- Equipment Fee $155/day
Administration, Secretarial, Special Projects, Notary, Certified Payroll Concrete/Grout/Mortar Mix Design Review (less than 48 hours notice - $500) Welding Procedure Review (less than 48 hours notice - $500) Procedure Qualification Record (PQR) - Standard Procedure (document fee) Welding Procedure Specification (WPS} - Standard Procedure (document fee) Welder Quafification Test Record (WQTR) - Standard Procedure (document fee) DSA Interim Reports
Geotechnical Pad Letter (less than 48 hours notice - $550) Final Letter (less than 48 hours notice - $550)

EXPERT WITNESS TESTIMONY
Court appearance, per day
Court appearance, per half day
• Field inspection and laboratory technician services will be billed in accordance with minimums shown on Basis of Charges **Prot&ssional anginesring services will ba bi/lad in two hour increments.

ASTM C1074
AAMA501.1
AAMA501.2
CT233
ASTM E1105, AAMA 501.2, 502 503
ASTM C597
ASTM C1383
ASTM E1155
ASTM E303
ASTM F1 869
ASTM F2170
All fees subject to Basis of ChllTgts
Standard
Rate/Hour
$245.00
$250.00
$250.00
$245.00
--
$245.00
$245.00
$245.00
$245.00
-
$245.00
$245.00
$245.00
$295.00
$355.00
$245.00
$245.00
$295.00
$245.00
$245.00
$250.00
$515.00
$245.00
$245.00
$245.00
-
$335.00
$320.00
$315.00
-
--
-
$295.00
$180.00
OOR
OOR
--
$320.00
$475.00
$345.00
OOR
OOR
OOR
OCR
OCR
OOR
OCR
OCR
OCR
OCR
OCR
OCR
OOR
OCR
OCR
OOR
OCR
$3,605.00
$3,605.00
$355.00
$705.00
$355.00
$355.00
$355.00
$355.00
$355.00
$355.00
$405.00
$405.00
---
$555.00
$555.00
$555.00
$230.00
$405.00
-
$3,005.00
$2,005.00
Inspecting
testing
engineering
Discounted
Rate/Hour
$160.00
$160.00
$160.00
$365.00
$260.00
$200.00
$200.00
$230.00
$160.00
$160.00
$180.00
$310.00
$310.00
$310.00
270
CC 06-04-2024
270 of 657
- CONSTRUCTION • !""t'A TESTING SERVICES
I I www.cts-1.com

BASIS OF CHARGES

GENERAL
Fees for tests and inspection include cost of technician, normal equipment and regular reports. Engineering services will be charged at applicable rates and will require travel and mileage charges for equipment transport and storage per code (portal to portal) from the nearest CTS laboratory. Soils testing with nuclear gauge and/or sand cone equipment and inspections requiring equipment will require applicable travel and mileage charges for equipment transport and storage per code (portaJ..to-portal) from the nearest CTS laboratory.

Fees for special projects, services overseas, or elsewhere in the United States, will be quoted on request. VVith prior notification to Client; charges are subject to change at any time.

Construction Testing Services reserves the right to adjust the rates quoted in this contract based upon any Union or prevailing wage increases and/or changes in any industry requirements.

MINIMUM HOURLY CHARGES-INSPECTION
Technician personnel and the following minimum charges are contractual commitment:

One-half day or less
Over one-half day
Show-up time (less than 2 hours notice= 4 hour charge)

WORKING HOURS AND PREMIUM TIME
4 Hours
8 Hours
2 Hours
Regular workday is the first 8 hours between 6:00 am and 6:00 pm Monday through Friday. Premium time is as follows:

Overtime, Weekdays and Saturdays (first 8 hours) 1.5 x quoted hourty rate Overtime Saturdays (over 8 hours) and Sundays (first 8 hours) 2 x quoted hour1y rate Overtime Sundays (over 8 hours) and Holidays 3 x quoted hour1y rate Shift differential, swing and graveyard -
(Work performed between 2:00 pm and 4:00 am)
MISCELLANEOUS CHARGES - Only Where Applicable
Notary Seivices Fee
Facsimile Charges. Plus $1.00/page (n/c for cover page) Wireless Router/Data Card for Jobsite Internet
iPad Monthly Rental Fee
Electronic Reporting Fees/Subscriptions (PlanGrid, BIM , etc.) Parking Fees
Air Travel
Outside Services
Subsistence (per Union contract)
Subsistence Premium: Meal Allowance (over 100 miles one way) (per Union contract) Subsistence Premium: Meal Allowance (over 150 miles one way) (per Union contract) Mileage
Sample Pickup
Sample Pickup Trip Charge
Weekend Sample Pickup
Project Administration
Samples Made by Others: Concrete Cylinders
Samples Made by Others: All Other Tests
Laboratory Sample Witness Fee
Laboratory Sample Storage Fee (per sample)
EZ Cure Boxes (Thermostatically Controlled Curing Boxes) Returned Check Fee
Additional Sample Retention
TESTS

12.5%/hour additional to base or quoted rate.
$45.00/each
$12.00/minimum
$140.00/day
$105.00/month
At Cost
At Cost
Cost Plus 20%
Cost Plus 30%
$135.00/day
$35.00/day
$90.00/day
Standard Federal Rate
-
QOR
$155.00/each
29% ef P4entA~ lfheiee
$135 + Test
$80.00 + Test
$135.00
$125.00
QOR
$155.00
QOR
$30.00/each
12% of Monthly Invoice
Testing fees shown include normal time for performing test. Samples requiring special preparation will be charged at the laboratory technici an rate. Fees for tests not listed wi ll be quoted upon request. There will be a minimum charge of $100.00 for any engineering report. Please note some tests may be tested by subconsultants. Samples delivered to the laboratory after 3:00pm or samples needing results within 24 hours will incur a 50% mark-up.

INSURANCE
The liabiHty of Construction Testing Services (CTS) is limited to CTS's contract value.

PAYMENT
Invoices will be submitted monthly or bimonthly for services performed during the preceding month and are payable on receipt. Interest of 1.5% per month (but not exceeding the maximum rate allowable by law) will be payable on any amounts not paid within 30 days, payment thereafter to be applied first to accrued interest and then to the principle unpaid amount. Attorney's fees or other costs incurred in collecting any delinquent amount shall be paid by client. Visa, MasterCard and American Express payments are accepted however fees will apply. Visa and MasterCard payments require an additional 3% on top of the amount of the invoice being paid. American Express payments require an additional 4% on top of the amount of the invoice being paid.

All /us .1ubj~el to Brull o/Chargn
inspecttng
testing
engineering
271
CC 06-04-2024
271 of 657
-- CONSTRUCTION .. ~ TESTING SERVICES
I l www.cts-l.com

CONCRETE ANO MASONRY TESTS

CONCRETE
Compressive Strength of Cylindrical Concrete Specimens (6x12) Compressive Strength of Cy~ndrical Concrete Specimens (4x8) Compressive Strength of Cyindrical Concrete Specimens (Over 8000 PSI) Cylinder molds. 6" x 12" and 4" x 8"
Compressive Strength of Lightweight Insulating Concrete Compressive Strength of Cytindrical Concrete Core and Sawed Beam Specimens Flexural Toughness of Fiber Reinforced Concrete (Round Panel) Flexural Strength of Concrete (Using Simple Beam with Third-Point Loading) Flexural Strength of Concrete (Using Simple Beam with Third-Point Loading) Length Change of Hardened Hydraulic-Cement Mortar and Concrete (Shrinkage, 1 Sample) Shotcrete Nozzleman Qualification Letter (Per Nozzleman, Per Position) Shotcrete Pre-Quaification Cores (Compression and Visual) Shotcrete Production Cores
Coefficient of Thermal Expansion
Determining Density of Structural Lightweight Concrete (Cylinders) Standard Specification for Concrete Made by Volumetric Batching and Mixing Cement Quality Sampling
Physical Testing of Gypsum, Gypsum Plasters and Gypsum Concrete Splitting Tensile Strength of Cylindrical Concrete Specimens Static Modulus of Elasticity and Poisson's Ratio of Concrete in Compression Grab Sample, Sealing and Storing in a Humidity and Temperature Controlled Room Density of Hydraulic Cement
Testing of Controlled Low Strength Material (CLSM) Test Cylinders GFRC Pull Test
GFRC Flexural Test
Foaming Agents for Use in Producing Cellular Concrete Using Preformed Foam (Cell-Crete)

MASONRY
Compressive Testing of Grout (Masonry)
Compressive Strength of Hydraulic Cement Mortars Using 2· Cube Specimens Compressive Strength of Masonry Prisms
Testing Concrete Masonry Units and Related Units (Core Compression) Compressive Strength of Mokled Masonry Mortar Cylinders and Cubes (2" Sample) Testing Concrete Masonry Units {CMU) and Related Units (Full Unit) Linear Drying Shrinkage of Concrete Masonry Units (Per Unit) Masonry Core Shear Testing
Testing Concrete Masonry Units (Absorption, Moisture Content, Unit Weight) Brick and Clay Tlle (modulus of rupture, compression, saturation coefficient, suction rate, efflorescence)* Mortar Molds. 2" x 4". Single Use
Mortar or Grout, Stored and Cured, Not Tested (Including Mold) Veneer Bond Testing, does not include sample fabrication (Set of 5)

AGGREGATES (CONCRETE AND SOILS)
Sieve Analysis of Coarse Aggregates {Coarse Only 2~ - No.4)(sample size over 2" QOR) Sieve Analysis of Fine Aggregates (Fine Only, Wash Included No.4- No.200) Sieve Analysis of Combined Fine and Coarse Aggregates (Wash Included 2" - No.200) (sample size over 2" QOR)
Materials Finer Than 75-µm (No. 200) Sieve in Mineral Aggregates by Washing (200 Wash) Evaluating Cleanness of Coarse Aggregate
Soundness of Aggregates by Use of Sodium Sulfate or Magnesium Sulfate Bulk Density/Unit Weight of Aggregate
Clay Lumps and Friable Particles in Aggregates
Flat Particles, Elongated Particles or Flat and Elongated Particles in Coarse Aggregate Organic Impurities in Fine Aggregates for Concrete
Density, Relative Density(Specific Gravity), and Absorption of Coarse Aggregate Density, Relative Density(Specific Gravity), and Absorption of Fine Aggregate Resistance to Degradation of Small Size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine
Resistance to Degradation of Large Size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine
Percentage of Crushed Particles/Standard Test Method for Determining the Percentage of Fractured Particles in Coarse Aggregate
Uncompacted Void Content of Fine Aggregate (as Influenced by Particle Shape, Surface Texture, and Grading)
Sand Equivalent Value of Soils and Fine Aggregate
Durability Index (Fine)
Durabifity Index (Coarse)
Durabrnty Index (Fine and Coarse)
Lightweight Particles in Aggregate
Resistance of Rock to Wetting and Drying
Aggregate Moisture Content
*Unusual sample preparation tor brick specimen will be charged at the established hour/',' rata.

ASTM C39 and CT521
ASTM C39 and CT521
ASTM C39 and CT521
ASTM C470
ASTM C495
ASTM C42
ASTM C1550
ASTM C78
CT523 and CT524
ASTM C157
ACI 506, ASTM C42 and C1140
AC! 506, ASTM C42 and C1140
ASTM C1140
AASHTOT336
ASTM C567
ASTM C685
CBC 2010
ASTM C472
ASTM C496
ASTM C469
CBC
ASTM C188
ASTM D4832
PCI
PCI
ASTM C796
ASTM C1019
ASTM C109
ASTM C1314
CBC 2105A.4
ASTM C780 A7.6
ASTM C140
ASTM C426
CBC 2105A.4
ASTM C140
ASTM C67
ASTM C482
ASTM C136, CT202, and AASHTO T-27
ASTM C136/C117, CT202, and AASHTO
27/AASHTO T-11
ASTM C136/C117, CT202, and AASHTO
27/AASHTO T-11
ASTM C117, CT202, and AASHTO T-11
CT227
ASTM C88, CT214, and AASHTO T-104
ASTM C29, CT212, and AASHTO T-19
ASTM C 142 and AASHTO T-19
ASTM D4791 and CT235
ASTM C40 and CT213
ASTM C127, CT206, and AASHTO T-85
ASTM C128, CT207, and AASHTO T-84
ASTM C131, C211, and AASHTOT-96
ASTM C535
ASTM D5821, CT205, and AASHTO T-335
ASTM C1252, CT234, and AASHTO T304A
ASTM D2419, CT217, and AASHTO T-176
ASTM D3744, CT229, AASHTO T-210
ASTM D3744, CT229. AASHTO T-210
ASTM D3744, CT229. AASHTO T-210
ASTM C123 and AASHTO T113
CRD-C169
ASTM C566
All fees subjt!ct to Basis of Chargts
Standard
Rate/Each
$100.00
-
$175.00
$95.00
$115.00
$150.00
$560.00
$360.00
$360.00
$185.00
$510.00
$135.00
$135.00
$585.00
$460.00
$3,000.00
$710.00
$75.00
$280.00
$260.00
$170.00
$230.00
$185.00
$450.00
$450.00
$610.00
$145.00
$145.00
$220.00
$220.00
$145.00
$220.00
$325.00
$325.00
$400.00
$1,060.00
$145.00
$145.00
$535.00
$255.00
TT- -
$410.00
$255.00
$410.00
$900.00
$235.00
$260.00
$425.00
$425.00
$425.00
$425.00
$575.00
$575.00
$460.00
$460.00
$325.00
$460.00
$460.00
$600.00
QOR
$635.00
$635.00
inspecting
testing
engineering
Discounted
Rate/Each
$50.00
$275.00
272
CC 06-04-2024
272 of 657
- CONSTRUCTION • ~-- TESTING SERVICES I I www.cts-1 . com

SOILS AND AGGREGATE SERVICES AND TESTS
SOILS
Moisture Content of Soil by Oven
Moisture Content of Soil by Microwave Oven
Density of Soil in Place by the Drive-Cyfinder Method including Moisture Content of Soil by Oven Remold of Soil Samples
Hydraulic Conductivity of Saturated Porous Materials Using a Flexible Wall Permeameter (Permeability) Permeability Additional Cell Time
Direct Shear Test of Soils Under Consolidated Drained Conditions (per point) Consolidated Undrained Triaxial Compression Test for Cohesive Soils (three points) Consolidated Undrained Triaxial Compression Test for Cohesive Soils (added points) Consolidated Undrained Triaxial Compression Test for Cohesive Soils (single point) Consolidated Undrained Triaxial Compression Test for Cohesive Soils Oncludes 3 points)Oncludes Pore Pressures)
Consolidated Undrained Triaxial Compression Test for Cohesive Soils (added points)Oncludes Pore Pressures)
Consolidated Undrained Triaxial Compression Test for Cohesive Soils (single point)Oncludes Pore Pressures)
Unconsolidated Undrained Triaxial Compression Test for Cohesive Soils (per point) Unconsolidated Undrained Triaxial Compression Test for Cohesive Soils with added backpressure saturation (per point)
One-Dimensional Consolidation Properties of Soils Using Incremental Loading Unconfined Compressive Strength of Cohesive Soil
Compressive Strength of Molded Soil-Cement Cylinders
Particle-Size Analysis of Soils (with Hydrometer)
Particle-Size Analysis of Soils (without Hydrometer)
Particle-Size Distribution of Fine Grained Soils using Sedimentation Analysis Particle-Size Distribution (Gradation) of Soils Using Sieve Analysis (2• - No.200) (sample size over 2" QOR)
Material Finer than No.200 by Washing (200 Wash)
Liquid Limit, Plastic Limit, and Plasticity Index of Soils Determination of Organic Soils Classification using Liquid Limit of Soils Organic Content of Soils and Peat
Unified Soil Classification System (USC$) Test
Moisture-Density Relations of Soil Using Modified Effort (Modified Proctor) Moisture-Density Relations of Soil Using Standard Effort (Standard Proctor) Moisture-Density Relations of Soil Using Modified DWR Method Moisture-Density Relations of Soil Using Rapid Compaction Method Moisture-Density Relations of Soil-Cement Mixtures
Moisture-Density Relations of Soil, 1 Point Check Point Moisture-Density Relations of Soil, 2 Point Check Point Moisture-Density Relations of Soil, 3 Point Check Point Moisture-Density Relations of Soil, 1 Point Check Point Moisture-Density Relations of Soil, 2 Point Check Point Moisture-Density Relations of Soil, 3 Point Check Point Maximum Index Density and Unit Weight of Soils Using a Vibratory Table Minimum Index Density and Unit Weight of Soils and Calculation of Relative Density Maximum Ory Unit Weight of Granular Soils Using a Vibrating Hammer Relative Compaction of Untreated and Treated Soils and Aggregates Determining the Resistance ~ Value of Treated and Untreated Bases, Subbases, and Basement Soils by the Stabiliometer
Expansion Index of Soils
Standard Test Methods for Specific Gravity of Soil Solids by Water Pycnometer pH of Soils
Density of Hydraulic Cement
Volatile Organic Content
Semi Volatile Organics by GC/Ms (Basic Target List)
Total Organic Carbon
ICP Metals Concentration
Total Extractable Petroleum Hydrocarbons: TPH, MTBE, Benzene,Toluene, Ethylbenzene, Zylenes, ¾SS ICP Metals Concentration
pH
Sequential Batch Extraction of Waste with Acidic Extraction Fluid Chromium Soluble
Ca/trans Corrosivity Package
Determining Fiek:I and Laboratory Resistivity and pH Measurements for Soil and Water Soils and Waters for Sulfate Content
Soils and Waters for Chloride Content
Pore Water Extraction and Determination of the Soluble Salt Content of Soils by Refractometer California Bearing Ratio Test (does not include moisture density relations) Bentonite Slurry Testing
Unconfined Compressive Strength of Lime Treated Soils and Aggregates Unconfined Compressive Strength of Lime Treated Soils and Aggregates ASTM D2216, CT226, and AASHTO T-265
ASTM D4643
ASTM D2937
Varies
ASTM D5084
ASTM D3080
ASTM D4767
ASTM D4767
ASTM D4767
ASTM D4767
ASTM D4767
ASTM D4767
ASTM D2850
ASTM D2850
ASTM D2435
ASTM 02166 and CT221
ASTM D1633
ASTM D422
ASTM D422
ASTM 07928 and ASTM 0422
ASTM D6913
ASTM D1140
ASTM D4318 and CT204
ASTM D4318/02487
ASTM D2974
ASTM D2467
ASTM D1557
ASTM D698
OWRModified
ASTM D5080
ASTM D558
ASTM D698
ASTM D698
ASTM D698
ASTM D1557
ASTM D1557
ASTM D1557
ASTM D4253
ASTM D4254
ASTM D7382
CT216
ASTM D2844 and CT301
ASTM D4829
ASTM D854
ASTM D4972
ASTM C188
EPA82608
EPA 8270C
ASTM 2974/EPA 53108m
EPA 6020 - CAM/CCR 17
EPA 80158
EPA 6020
EPA 9045D
ASTM D5284
EPA 7196A
CT643
CT417
CT422
ASTM D4542
ASTM D1883
CT 373 (4 pts)
CT 373 (3 pts)
Standard
Rate/Each
$180,00
$235.00
$265.00
$160.00
$610.00
$610.00
$610.00
$1 ,110.00
$385.00
$385.00
$1 ,960.00
$660.00
$660.00
$195,00
$325.00
$585.00
$500,00
$500.00
$670.00
$610.00
$610,00
$395.00
$245.00
-
$785,00
$340.00
$360.00
-
$535.00
$535.00
$535.00
$535,00
$410.00
$460.00
$535,00
$410.00
$460.00
$535.00
$560,00
$340.00
$510.00
$610.00
$750.00
$510.00
$410.00
$560.00
$385.00
OOR
OCR
OOR
OCR
OCR
OCR
$610.00
OCR
OOR
$650.00
OCR
OCR
OCR
$710.00
$750,00
OCR
$1 ,505.00
$1 ,130.00
• Unusual sample preparation (dried clays, saturated clays, etc.) and all other tests for treated or untreated soils. aggregate subbase and aggregate base will be charged at established rates for laboratory technician.
0 Doss not include sample preparation or sieve analysis All/tes subjul to Basis of Chargf's
inspecting
testing
engineering
Discounted
Rate/Each
$400.00
$310.00
273
CC 06-04-2024
273 of 657

CONSTRUCTION

TESTING SERVICES
I l www . cts - l . com

ASPHAL TIC CONCRETE SERVICES AND TESTS

ASPHALT
Thicknessfl-!eight of Compacted Bituminous Paving Mixture Specimens Field Cores Bulk Specific Gravity of Compacted Bituminous Mixture {Individual field cores or lab compacted) Lab Compaction Only of Bituminous Mixture by Marshall Apparatus (MarshalQ (Per Specimen) Lab Compaction Only of Bituminous Mixture by CA Kneading Compactor (HVEEM) (Per Specimen) Lab Compaction Only of Bituminous Mixture by Superpave Gyratory (Superpave) (Per Specimen) Laboratory Test Max Density (LTMD) (5 Specimen, includes compaction of specimen and bulk specific Superpave Bulk specific gravity Oncludes gyratory compaction of 3 specimen and bulk specific gravity) Marshal Lab Compacted Max Density (3 Specimen, includes compaction of specimen and bulk specific Theoretical Maximum Specific Gravity and Density (Rice} Marshall Stability and Flow of Bituminous Mixtures (average Set of 3, includes sample compaction) Measuring the Permeability of Bituminous Pavements and Seal Coats Swell of Bituminous Mixtures
Moisture Vapor Susceptibility of Bituminous Mixtures/lv1oisture or Volatile Distillates in Asphalt Stabilometer Value of field compacted cores (Per Specimen) Stabilometer Value of Lab compacted samples (Average of 3 Specimen, Includes Sample Compaction) Determination of Asphalt Content of Bituminous Paving Mixtures by the Ignition Method Determination of Correction Factor of Bituminous Paving Mixtures by the Ignition Method Quantitative Extraction of Bitumen from Bituminous Paving Mixtures (Solvent) Mechanical Size Analysis (Coarse and Fine) of Extracted Aggregate (Afterbum Gradation) Moisture Content of Bituminous Mixture
Effect of Water on Compressive Strength of Compacted Bituminous Mixtures {Set of 6) Compressive Strength of Bituminous Mixtures
Hamburg Wheel Track Qncludes compaction by gyratory)(includes 2 runs) Tensile Strength Ratio (TSR) Moisture Susceptibility (includes compaction of 6 Specimen Tensile Strength Ratio (TSR) Moisture Susceptibility Qncludes compaction of 12 Specimen) Indirect Tensile (IDT) Strength of Bituminous Mixtures
Air Voids Calculatlon of Compacted Bituminous Mixture
PG Verification (Determining Low Temperature Performance Grade (PG) of Asphalt Binders) Standard
Rate/Each
ASTM D3549 and CT308 $210.00
ASTM D1188, ASTM D2726, CT308, AASHTO $325.00
ASTM D6926 $325.00
ASTM D1561 , CT304, and AASHTO T-247 $325.00
ASTM D6925, and AASHTO T-312 $325.00
ASTM D1561/(D1188 and D2726) and $1 ,160.00
AASHTO T-312/T-275/T-166 $1 ,160.00
ASTM D6926/(D1188 and D2726) $1 ,160.00
ASTM D2041 , CT309, and AASHTO T-209 $510.00
ASTM D6926/ASTM D6927 $1 ,160.00
CT341 QOR
CT305 $450.00
ASTM D1461 and CT307 $1 ,010.00
ASTM D1560, CT366, and AASHTO T-246 $455.00
ASTM D1561/01560, CT304/CT366, and $1 ,160.00
ASTM D6307, CT382, and AASHTO T-308 $460.00
ASTM D6307, CT382, and AASHTO T-308 $1,500.00
ASTM D2172 and CT310 $810.00
ASTM D5444, CT202, and AASHTO T-30 $460.00
CT370 and AASHTO T-329 $485.00
ASTM D1075 $3,710.00
ASTM D1074 $360.00
AASHTO T324 $4,010.00
ASTM D4867 and AASHTO T-283 $4,010.00
CT371 $6,010.00
ASTM D6931 $3,760.00
ASTM 03203, CT367, and AASHTO T-269 $225.00
ASTM 6816 QOR

MECHANICAL TESTS AND FIREPROOFING

MATERIALS MECHANICAL TESTS
Mechanical Testing of Steel Products (General Tensile)
Fillet Weld Break Test for Qualification (Welding)
Tension Testing of Metallic Materials, Tension Testing Wrought and Cast Aluminum and Magnesium-Alloy Mechanical Testing of Steel Products (Couplers); #3-#11 Mechanical Testing of Steel Products (Couplers); #14+
Impact Testing of Miniaturized Charpy V-Notch Specimens, Notched Bar Impact Testing of Metallic Testing, Practices, and Terminology for Chemical Analysis of Steel Products Mechanical Testing of Steel Products & Bend Testing of Material for Ductility; #3-#8 Mechanical Testing of Steel Products & Bend Testing of Material for Ouctitity; #9-#11 Mechanical Testing of Steel Products & Bend Testing of Material for Ductility; #14+ Mechanical Testing of Steel Products, Standard Specification for Steel Wire, Plain, for Concrete Guided Bend Test for Ductility of Welds, Mechanical Testing of Welds Determining the Mechanical Properties of Externally and Internally Threaded Fasteners, Anchor Bolts Only Rockwell Hardness of Metallic Materials
Proof Test for Carbon and Alloy Steel (Nuts Only)
Radiographic Examination of Metallic Castings/Weldments Macroetching Metals and Alloys
Determining the Mechanical Properties of Externally and Internally Threaded Fasteners, Washers, Direct Mechanical Testing of Steel Products (Terminators Tensile) Strength for Sewn or Bonded Seams of Geotextiles
Tearing Strength of Fabrics by the Tongue (Single Rip) Procedure Breaking Strength and Elongation of Textile Fabrics (Grab Test) Tensile Properties of Fiber Reinforced Polymer Matrix Composite Bars Steel Strand, Uncoated Seven-Wire for Prestressed Concrete (Set of 2)

FIREPROOFING
Thickness and Density of Sprayed Fire-Resistive Material (SFRM) Cohesion/Adhesion of Sprayed Fire-Resistive Materials (Test Kit Only)

CONTACT INFORMATION
Headquarters: 2118 Rheem Drive • Pleasanton, CA 94588 • P 925.462.5151 • F 925.462.5183 Peninsula: 44 Tehama, Suite 305 • San Francisco, CA 94105 • P 415.334.4747 • F 415.438.2357 Oakland: 246 3oth Street, Suite 101 • Oakland, CA 94601 • P 510.444.4747 • F 510.835.1825 San Jose: 2033 Gateway Place, #500 • San Jose, CA 95110 • P 408.573.6992 • F 408.437.1201 Stockton: 343 East Main Street, #711 • Stockton, CA 95202 • P 209.507.7555 • F 209.507.7554 Rocklin: 4400Yankee Hill Road • Rocklin, CA 95677 • P 916.419.4747 • F 916.419.4774 Las Vegas: 3842 E. Post Road• Las Vegas, NV 89120 • P 702.257.4747 • F 702.257.4718 ASTM A370
AWS B4.0
ASTM EB, 8557 and AWS B4.0
ASTM A370
ASTM A370
ASTM E2248 and ASTM E23
ASTM A751
ASTM A370 and E290
ASTM A370 and E290
ASTM A370 and E290
ASTM A370, A82 and A185
ASTM E190 and AWS B4.0
ASTM F307, F1554 and F606
ASTM E18
ASTM A 194 or A563
ASTM E94, E1030 and E1032
ASTM E340, E381 and AWS
ASTM F606
ASTM A370
ASTM D4884
ASTM D2261
ASTM D5034
ASTM D3039
ASTM A416 and A1061
ASTM E605
ASTM E736
. .tfl/us .1ubj l!ct to Ba.sis of Charga
$560.00
$260.00
$560.00
$750.00
$1,500.00
QOR
$385.00
$450.00
$510.00
$1,500.00
$510.00
$360.00
$610.00
$195.00
$385.00
QOR
$385.00
$435.00
$435.00
$385.00
$385.00
$335.00
$1,060.00
$1,610.00
$305.00
$95.00
Insp e c ting
testing
engine ering
274
CC 06-04-2024
274 of 657
El

SUBCONSULTANT SCOPE OF SERVICES AND COMENSATION
STATEMENT OF SPECIAL INSPECTIONS, 2022 CBC

C UPERTINO
COMMUNITY DEVELOPMENT DEPARTMENT• BUILDING DIVISION
10300 TORRE AVENUE• CUPERTINO, CA 95014-3255
(408) 777-3228 • [email protected]
!~~RESS 1000 South Stelling Road, Cupertino, CA 95014 APN APN# 359-25-049 I BP# BLD-2024-0186 Owner.~l1t?.1.~.~~.~.~i~.?............................................ ................. .......................... Contractor ...................................................................................................... .

Address .!.?~~?. ~?'.1:~. ~.~~~.~~ .............. .................................. .............................. Address .......................................................................................................... .

City/St...~~~:.~!~.~:.~~················ ....... Zip .. ?.~.?.

1.~ ............... Phone........ ........ ..... City/St.. ............................................... Zip ................... Phone .. ..................... .

Applicant.................. ........................................................ ...... ......................... Engineer/Architect.8. 1 ~~~ .~!(~~o.rth_..~,~~~r~l·E·~?.i~.:~.r_. .~~.I'.':. ....................... .

Address .. ......................................................................................................... Address.~?.".'~~~?.~!?:'.~.~!·. ~~:~.:.1~?~ ............. ............... .... ....................... .

City/St... ... ....................................... Zip .......................... . Phone..................... City/St.~~.~.'..r~~~i.~<:? .. ...................... Zip .. ~~).?~ ..... Phone .~.1.5:-~~~:!??~ ..

PROJECT DESCRIPTION:

THE PROJECT INVOLVES DEMOLITION OF THE EXISTING AGE 5-12 PLAY AREA AT JOLLYMAN PARK AND INSTALLATION OF A NEWALL-INCLUSIVE PLAY AREA AND PRE-FABRICATED RESTROOM.

This "STATEMENT OF SPECIAL INSPECTIONS" is submitted in fulfillment of the requirements of CBC Sections 1704 and 1705. This form is structured after and used by permission from the Structural Engineer Association of Northern California's (SEAONC) mode statement of Special Inspections. Also, included with this form is the following:

Ii] "LIST OF SPECIAL INSPECTION AG ENCi ES (page 2). A list of testing agencies and other special inspectors that will be retained to conduct the tests and inspections for this project Ii] "SCHEDULE OF SPECIAL INSPECTION" (page 3). The Schedule of Special Inspections summarizes the Special Inspections and tests required. Special Inspectors will refer to the approved plans and specifications for detailed special inspection requirements. Any additional tests and inspections required by the approved plans and specifications shall also be performed.

Special Inspections and Testing will be performed in accordance with the approved plans and specifications, this statement and CBC Sections 1704, 1705, 1706, 1707, and 1708. Interim reports will be submitted to the Building Official and the Registered Design Professional in Responsible Charge in accordance with CBC Section 1704.1.2.

A Final Report of Special Inspections documenting required Special Inspections, testing and correction of any discrepancies noted in the inspections shall be submitted prior to issuance of a Certificate of Use and Occupancy (Section 1704.1.2). The Final Report will document:
• Required special inspections.
• Correction of discrepancies noted in inspections.

The Owner recognizes his or her obligation to ensure that the construction complies with the approved permit documents and to implement this program of special inspections. In partial fulfillment of these obligations, the Owner will retain and directly pay for the Special Inspections as required in CBC Section 1704.1.

This plan has been developed with the understanding that the Building Official will:
• Review and approve the qualifications of the Special Inspectors who will perform the inspections. • Monitor special inspection activities on the job site to assure that the Special Inspectors are qualified and are performing their duties as called for in this Statement of Special Inspection. • Review submitted inspection reports.
• Perform inspections as required by the local building code.

I have read and aqree to comply with the terms and conditions of this statement Prepared By:

Project IZI Engineer □ Architect
Reqistered Desicm Professional in Charqe Sicinature ... ~~ ... Lie.# .~~2? ............................... Date: .~1 .
1~'.~.
0~: ........... .

Owner Name:

Owner's Authorization Siqnature ............................................................................................... ..................... Date: .. .. .................... ..

Inspection Agency / Inspector Name:

Construction Testing Services Siqnature ... ~ .. . ~ .................... Lie.#.~.~.~.?.~~ ......................... Date: .?1~~(~~?~ ........ .

Building Official or designee:

Signature .................................................... ........................... .................................. ... Date: ......................... .

SpecialnspectionF orm _ 20 I 2.doc revised O 1110/2023
275
CC 06-04-2024
275 of 657

SUBCONSULTANT SCOPE OF SERVICES AND COMENSATION

LIST OF SPECIAL INSPECTION AGENCIES
APPROVAL OF SPECIALINSPECTORS:

Each special inspection agency, testing facility, and special inspector shall be recognized by the Building Official prior to performing any duties. Special Inspection agency's listed on this form must be pre-approved and listed on Cupertino's approved Special Inspector's list.

Special inspectors shall carry approved identification when performing the functions of a special inspector. Identification cards shall follow the criteria set by the California Council of Testing and Inspection Agencies. No personnel changes shall be made without first obtaining the approval of the Building Official. Any unauthorized personnel changes may result in a "Stop Work Order" and possible permit revocation. To be pre- approved by the City of Cupertino, refer to the SPECIAL INSPECTION CRITERIA handout. Please allow two weeks to complete the application process.

The followinq are the testing and special inspection agencies that will be retained to conduct tests and inspection on this project:

EXPERTISE

1. Special Inspection (except for
geotechnical)

2. Material Testing

3. Geotechnical Inspections

4. Other:

FIRM/ INSPECTOR INFORMATION*
Firm .. ~?~'!1!~cl_i?.~.~~.•.t!~9. ~~f'!!,~~ .. ................................. Addr .. ~! 1.~ .Rh.•:~. .nv~ ................................................................. .

City.~1
~~~.~~.1?.~ ............................................................................................ State .~!': ................... Zip .. ~~~~.~ ............. .

Telephone .. ~.

2.~.~~~:~!~.1 ....................... Fax ......................................... ... Email .d.~~~1~'.~.~.<:t.~:) ,~.~ ~ .............................. .

Firm. c:r.~.: ~.~~:. ~.•. ~.~?~.• ... .............. .................. .... ..... Addr ....................................................... ................................. .

City .......................................................................................................... State ....................... Zip .................... ..

Telephone ....................................... Fax ............................................ Email ........................................................ .

Firm.~.
1•~0 .~"0:':':'?~; . .. ............................................ Addr ............................................... ......................................... .

City .......................................................................................................... State ......... ............. .Zip .................... ..

Telephone ...................................... Fax ............................................ Email ........................................................ .

Firm ... ..... ............................................................. Addr ......................................... ............................................... .

City ....................................................... ................................................... State ....................... Zip .................... . .

Telephone ...................................... Fax ............................................ Email ........................................................ . *All agencies specified on this form must be pre-approved and listed on the City of Cupertino's Approved Special Inspector's List.

SEISMIC REQUIREMENTS (Section 1704.3.2)
Description of seismic-force-resisting system and designated seismic systems subject to special inspections as per Section 1705.13 or 1705.1 4:

The extent of the seismic-force-resisting system is defined in more detail in the construction documents.

WIND REQUIREMENTS (Section 1704.3.3)
Description of main wind-force-resisting system and designated wind resisting components subject to special inspections in accordance with Section 1704.12:

The extent of the main wind-force-resisting system and wind resisting components is defined in more detail in the construction documents.

SpecialnspectionF arm_ 2012. doc revised 0 II I 0/20 2 3 276
CC 06-04-2024
276 of 657

SUBCONSULTANT SCOPE OF SERVICES AND COMENSATION

SCHEDULE OF SPECIAL INSPECTION
!~~RESS 1000 South Stelling Road, Cupertino, CA 95014 I APN APN# 359-25-049 I BP# BLD-2024-0186 PROJECT DESCRIPTION:

THE PROJECT INVOLVES DEMOLITION OF THE EXISTING AGE 5-1 2 PLAY AREA AT JOLLYMAN PARK AND INSTALLATION OF A NEW ALL-INCLUSIVE PLAY AREA ANO PRE-FABRICATED RESTROOM.

I hereby certify that the Special Inspection & Testing Agency named above has been engaged to perform structural tests and inspection during construction, as checked below, to satisfy all applicable portions of the Building Code.

Prior to issuance of an occupancy permit, the special inspection agency shall submit a statement that all items of designated work performed were reported. Any items checked but not tested or inspected will be noted and explained.

Whenever any designated items on this list are ready for sampling, testing or inspection, it shall be the responsibility of the Contractor to give timely notice to the Special Inspection Agency so that the required services may be performed.

REINFORCING STEEL STRUCTURAL STEEL
Tensile & Bond Sample & Test
X Inspection of Placement Shop Indent. & Welding Inspection Inspection of Welding Shop Ultrasonic Inspection
Shop Radiography
MASONRY Field Welding Inspection
Preliminary Acceptance Test (Masonry Units, Wall Prism) Field Bolting Subsequent Tests (Mortar, Grout, Field Wall Prisms) Field Ultrasonic Inspection Inspection of Grouting Field Radiography
Inspection of Placement and Grouting Metal Deck Welding Inspection

CONCRETE, GUNITE/SHOTCRETE, GROUT & MORTAR STRUCTURAL HARDWARE Cone. Shotcrete Grout Mortar Holdown Installation
Agg. Tests for Designs Tiedown System Installation
Suitability of Agg. X Epoxied Anchors & Bolts
X Mix Designs
Batch Plant lnsp. INSULATING CONCRETE
X Compression Tests
X Cast Specimens
I Sample & Test
Unit Weights
X Pick-Up Samples
Shrinkage Bars FIREPROOFING
Yield Check Inspection of Placement
Air Check Density Tests
Dry Unit Weight Thickness Tests
Inspection Batching

PRECAST CONCRETE
Reinforcing Tests GEOTECHNICAL (Inspections & Testing by Geotechnical Engineer) Inspection of Reinforcing Placement X Fill Material Acceptance Tests Tendon Tests Moisture-Density Determination
Inspection of Tendon Placement X Field Density/Compaction Inspection of Concrete Placement Pier Drilling
Inspection of Concrete Batching X Observation & Testing by Geotechnical Engineer Inspection of Panel Attach & Inserts
Inspection of Panel Installation ROOFING & WATERPROOFING Compression Tests Inspection of Placement
Inspection of Stressing/Transfer Sample & Tests
Basement Waterproofing

PILING, CAISSONS, CAPS, TIES
Inspection of Reinforcing Placement STRUCTURAL WOOD
Inspection of Concrete Placement Inspection of Fabrication Inspection of Concrete Batching Inspection of Truss Joist Fabrication Sample & Test Components
UNDERPINNING Inspection of Glulam Fabrication
Inspection of Steel Fabrication Shearwall Construction & Nailing Inspection of Reinforcing & Forms
Inspection of Concrete Placement OTHER TESTS OR INSPECTIONS:

Inspection ofTiebacks
SpecialnspectionF orm _ 20 I 2. doc revised O I/ I 0/20 2 3 277
CC 06-04-2024
277 of 657
4LEAF, INC.

CONSTRUCTION MANAGEMENT • PLAN CHECK
INSPECTION • PLANNING • CooE ENFO RC EMENT
4LEAF, INC.

CUP'l!ltTIHO
a

RATE SCHEDULE TO PROVIDE CONSTRUCTION MANAGEMENT

AND INSPECTION SERVICES FOR THE CITY OF CUPERTINO
JOLLYMAN AurlNCLUSIVE PLAYGROUND PROJECT
Program Management Services*
Staff Designation Rate
Principal-in-Charge/ Project Manager $207/hr
Construction Management/ Inspection Services*
Staff Designation Rate
Construction Manager $175/hr
Assistant Engineer/ Office Engineer $160/hr
Public Works Inspector (Regular Time) (see Note E for Overtime and Premium times) $156.67/hr Public Works Inspector Apprentice $97.85
Project Assistant $105/hr
*All Fees Subject to Basis of Charges. Rates shown are subject to an Annual Escalation of 3% starting on January 1 of each calendar year (CY).

BASIS OF CHARGES
A. Rates shown assume projects under this on-call contract will require compliance with California Prevailing Wage rate requirements and assumes the City will be filing a PWC-100 Form to the California Department of Industrial Relations (DIR) for the project.

B. Rates for prevailing wage categories are subject to annual escalations in accordance with the bi-annual wage determinations from the California DIR. Rates based on California DI R's wage determinations dated August 2023.

C. Per the new requirements being enforced under SB 854 and because it is assumed that a PWC-100 Form will be filed by the City to the CA DIR for each project, 4LEAF is required to notify an authorized Apprenticeship Committee through submittal of a DAS-140 form. We are then required to make an official request to an authorized Apprenticeship Committee for an apprentice by submitting a DAS-142 form. We are not assured the apprenticeship committee will be able to provide a suitable/ qualified apprentice for the project. Per the apprenticeship requirements, the hours worked by the apprentice must be in a ratio of 1:5 for apprentice to journeyman hours. 4LEAF will not know the labor classification of the Public Works Apprentice until an Apprentice is dispatched to the site; therefore, the rates for the five Periods listed under the California DIR's Wage determination for Building Construction Inspector issued August 2023 were used to determine the range of Calendar Year 2024 hourly rates for Public Works Inspector Apprentice.

D. All invoicing will be submitted monthly.

E. Overtime and Premium time will be charged as follows:

Night Time (work begun after 4PM or before 5AM) 1.125 x hourly rate Overtime (over 8 hour M-F or Saturdays) 1.35 x hourly rate Overtime (over 8 hours Sat or 1st 8 hour Sun) 1.85 x hourly rate Overtime (over 8 hours Sun or Holidays) 2.35 x hourly rate F. All work with less than 8 hours rest between shifts will be charged the appropriate overtime rate.

G. Subconsultant invoices will be assessed a 10% Administrative Processing Fee.

H. Project-related mileage for inspections will be billed at the allowable IRS Rate.

I. Payment due on receipt. All payments over 30 days will be assessed a 1.5% interest charge.

J. Client shall pay attorneys' fees, or other costs incurred in collecting delinquent amounts.

K. Client agrees that 4LEAF's liability will be limited to the value of services provided.

L. In accordance with California's Meal Break and Rest Break Law requirements, Client will be billed one (1) additional hour per day at the regular rate for each missed meal or rest break due to Client-directed tasks or requirements. Client should allow 4LEAF's non-exempt, hourly employees the opportunity to take their entitled rest and meal breaks during each work shift.

M. If 4LEAF is requested or otherwise required to conform to Client's alternative work week schedule ("AWW"), Client hereby agrees to compensate or reimburse 4LEAF for all overtime paid to its employees who work an AWW. - If 4LEAF's affected employment group approves an AWW election and the same is registered, the overtime compensation/reimbursement shall not be required/ MAY21 ,2024
278
CC 06-04-2024
278 of 657

INSURANCE POLICIES AND MINIMUMS REQUIRED

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

2. Automobile Liability: ISO CA 00 01 covering any auto (including owned, hired, and non-owned autos) with limits no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers' Compensation: As required by the State of California, with Statutory Limits and Employer's Liability Insurance of no less than $1,000,000 per occurrence for bodily injury or disease.

D Not required. Consultant has provided written verification of no employees.

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

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

Exh. D-lnsurance Requirements for Design Professionals & Consultants Contracts Form Updated Jan. 2022 1 279
CC 06-04-2024
279 of 657
II
II
It
Additional Insured Status
The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers ("Additional Insureds") are to be covered as additional insureds on Consultant's CGL and automobile liability policies. General Liability coverage can be provided in the form of an endorsement to Consultant's insurance (at least as broad as ISO Form CG 20 10 (11/ 85) or both CG 20 10 and CG 20 37 forms, if later editions are used).

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

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

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

Exh. D-Jnsurance Requirements for Design Professionals & Consultants Contracts Form Updated Jan. 2022 2 280
CC 06-04-2024
280 of 657
4LEAINC-01 BUAKl1
ACORD· CERTIFICATE OF LIABILITY INSURANCE I

DATE (MM/DDNYYY)
~ 4/3/2024
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 License# OC41366 s2m;~cT
Granite Professional Insurance Brokerage, Inc. FlJ8,NJo, Ext): (925) 462-8400 I FAX 360 Lindbe~h Avenue IA/C, No):(925) 462-8888
Livermore, A 94551 11~.fil~cc. [email protected] INSURERISl AFFORDING COVERAGE NAIC#
INSURER A: Travelers Property Casualty Company of America 25674 INSURED INSURER s: Berkshire Hathawav Homestate
4LEAF, Inc. INSURER c: Houston Casualtv Comoanv 42374
2126 Rheem Dr INSURERD:

Pleasanton, CA 94588 INSURERE:

INSURER F:

COVERAGES CERTIFICATE NUMBER· REVISION NUMBER·

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. l~f~ TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP ,.,~n ,.n,n TT LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 - ~ CLAIMS-MADE [K] OCCUR ~~~b~~J9F~ENTED 1,000,000 X X 6806X631656 3/15/2024 3/15/2025 $ - MED EXP IAnv one oerson\ $ 5,000 - PERSONAL & ADV INJURY $ 1,000,000 - 2,000,000 R GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $
POLICY [K] ~m □ LOC PRODUCTS - COMP/OP AGG $ 2,000,000
OTHER: $
A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 ......_ ,~ -"""'"""" $ ......_ X ANY AUTO 8106X632782 3/15/2024 3/15/2025 BODILY INJURY /Per oerson\ $ O'l'INED ~ SCHEDULED ......_ AUTOS ONLY ......_ AUTOS BODILY INJURY /Per accident\ $ X HIRED X NON-OWNED lp~9~tc~le~t?AMAGE ......_ AUTOS ONLY ......_ AUTOS ONLY $ $
A X UMBRELLA LIAS ~ OCCUR EACH OCCURRENCE $ 6,000,000 ......_ EXCESS LIAS CLAIMS-MADE CUP6X635599 3/15/2024 3/15/2025 AGGREGATE $ 6,000,000 OED I I RETENTION $ $
B WORKERS COMPENSATION x I nrTIITF 1 I 2lH- AND EMPLOYERS' LIABILITY Y/N FOWC521971 3/15/2024 ANY PROPRIETOR/PARTNER/EXECUTIVE □ X 3/15/2025 E.L. EACH ACCIDENT $ 1,000,000
OFFICER/MEMBER EXCLUDED? N/A
(Mandatory In NH) 1,000,000 E.L. DISEASE - EA EMPLOYEE $ If yes. describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 C Professional Liab HCC2425616 4/9/2024 3/15/2025 Each Claim 2,000,000 C HCC2425616 4/9/2024 3/15/2025 Aggregate 2,000,000
DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) The attached forms apply as required per written contract or written agreements between the listed parties and the insured, which are subject to the policy provisions. In the absence of such written contract or written agreement the attached form may not be applicable.

The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are named as additional insured on General Liability Policy per attached endorsement CG D3 81 09 15. Primary and non-contributory applies to General Liability policy per attached endorsement CG D3 81 09 15.

Waivers of subrogation apply to General Liability and Workers Compensation Policies per attached endorsements CG D3 81 09 15 and WC 99 03 76.

Professional Liability Retro Date 4/1/07

CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Cupertino

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
10300 Torre Ave.

Cupertino, CA 95014

The ACORD name and logo are registered marks of ACORD
281
CC 06-04-2024
281 of 657
Policy Number 6806X631656

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

BLANKET ADDITIONAL INSURED
(ARCHITECTS, ENGINEERS AND SURVEYORS)
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

1. The following is added to SECTION II - WHO IS
AN INSURED:

Any person or organization that you agree in a
"written contract requiring insurance" to include as
an additional insured on this Coverage Part, but:
a. Only with respect to liability for "bodily injury",
"property damage" or "personal injury"; and
b. If, and only to the extent that, the injury or
damage is caused by acts or omissions of
you or your subcontractor in the performance
of "your work" to which the "written contract
requiring insurance" applies, or in connection
with premises owned by or rented to you.

The person or organization does not qualify as an
additional insured:
c. With respect to the independent acts or
omissions of such person or organization; or
d. For "bodily injury", "property damage" or
"personal injury" for which such person or
organization has assumed liability in a
contract or agreement.

The insurance provided to such additional insured
is limited as follows:
e. This insurance does not apply on any basis to
any person or organization for which
coverage as an additional insured specifically
is added by another endorsement to this
Coverage Part.
f. This insurance does not apply to the
rendering of or failure to render any
"professional services".
g. In the event that the Limits of Insurance of the
Coverage Part shown in the Declarations
exceed the limits of liability required by the
"written contract requiring insurance", the
insurance provided to the additional insured
shall be limited to the limits of liability required
by that "written contract requiring insurance".

This endorsement does not increase the
limits of insurance described in Section Ill -
Limits Of Insurance.
h. This insurance does not apply to "bodily
Injury" or "property damage" caused by "your
work" and included in the "productscompleted operations hazard" unless the "written contract requiring insurance"
specifically requires you to provide such
coverage for that additional insured, and then
the insurance provided to the additional
insured applies only to such "bodily injury" or
"property damage" that occurs before the end
of the period of time for which the "written
contract requiring insurance" requires you to
provide such coverage or the end of the
policy period, whichever is earlier.

2. The following is added to Paragraph 4.a. of

SECTION IV - COMMERCIAL GENERAL
LIABILITY CONDITIONS:

The insurance provided to the additional insured
is excess over any valid and collectible other
insurance, whether primary, excess, contingent or
on any other basis, that is available to the
additional insured for a loss we cover. However, if
you specifically agree in the "written contract
requiring insurance" that this insurance provided
to the additional insured under this Coverage Part
must apply on a primary basis or a primary and
non-contributory basis, this insurance is primary
to other insurance available to the additional
insured which covers that person or organizations
as a named insured for such loss, and we will not
share with the other insurance, provided that:
(1) The "bodily injury" or "property damage" for
which coverage is sought occurs; and
(2) The "personal injury" for which coverage is
sought arises out of an offense committed;
after you have signed that "written contract
requiring insurance". But this insurance provided
to the additional insured still is excess over valid
and collectible other insurance, whether primary,
excess, contingent or on any other basis, that is
available to the additional insured when that
person or organization is an additional insured
under any other insurance.
© 2015 The ave e s lndemnl!Y Com an . AlL!Jghts reserved. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with Its permission 282
CC 06-04-2024
282 of 657

COMMERCIAL GENERAL LIABILITY

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

We waive any right of recovery we may have
against any person or organization because of
payments we make for "bodily injury", "property
damage" or "personal injury" arising out of "your
work" performed by you, or on your behalf, done
under a "written contract requiring insurance" with
that person or organization. We waive this right
only where you have agreed to do so as part of
the "written contract requiring insurance" with
such person or organization signed by you
before, and in effect when, the "bodily injury" or
"property damage" occurs, or the "personal injury"
offense is committed.

4. The following definition is added to the
DEFINITIONS Section:
"Written contract requiring insurance" means that
part of any written contract under which you are
required to include a person or organization as an
additional insured on this Coverage Part,
provided that the "bodily injury" and "property
damage" occurs and the "personal injury" is
caused by an offense committed:
a. After you have signed that written contract;
b. While that part of the written contract is in
effect; and
c. Before the end of the policy period.

Page 2 ends

Cupertino City CouncilJune 4, 2024

Cupertino City Council
June 4, 2024