Cupertino City Council
May 6, 2025

CITY OF CUPERTINO

CITY COUNCIL
AGENDA
10300 Torre Avenue and 10350 Torre Avenue and via Teleconference; and Teleconference Location Pursuant to Government Code section 54953(b)(2) Dubai Airport 7947+MP Dubai - United Arab Emirates, Terminal 3, Departures Tuesday, May 6, 2025
6:00 PM
Non-Televised Closed Session (6:00) and Televised Open Session Regular Meeting (6:45)

IN-PERSON AND TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION Members of the public wishing to observe the meeting may do so in one of the following ways:
1) Attend in person at Cupertino Community Hall, 10350 Torre Avenue. 2) Tune to Comcast Channel 26 and AT&T U-Verse Channel 99 on your TV. 3) The meeting will also be streamed live on and online at www.Cupertino.org/youtube and www.Cupertino.org/webcast
Members of the public wishing to comment on an item on the agenda may do so in the following ways:
1) Appear in person for Closed Session in City Hall, Conference Room C or for Open Session in Cupertino Community Hall. Members of the public may provide oral public comments pertaining to the agenda prior to the beginning of Closed Session and after Roll Call.

Members of the public may provide oral public comments during the Open Session as follows:

Oral public comments will be accepted during the meeting. Comments may be made during “oral communications” for matters not on the agenda, and during the public comment period for each agenda item.

Members of the audience who address the City Council must come to the lectern/microphone, and are requested to complete a Speaker Card and identify themselves.

Completion of Speaker Cards and identifying yourself is voluntary and not required to attend the meeting or provide comments.

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2) E-mail comments for Closed Session or Open Session by 4:00 p.m. on Tuesday, May 5 to the Council at [email protected]. These e-mail comments will also be forwarded to Councilmembers by the City Clerk’s office before the meeting and posted to the City’s website after the meeting. Members of the public that wish to share a document must email [email protected] prior to the meeting.

Emailed comments received following the agenda publication, prior to or during the meeting, will be posted to the City’s website Comments on non-agenda items will be included upon the sender's request.
3) Open Session Teleconferencing Instructions
To address the City Council, click on the link below to register in advance and access the meeting:

Online
Register in advance for this webinar:
https://cityofcupertino.zoom.us/webinar/register/WN_J62mukrTRhmM2EAVBK2-1g Phone
Dial: 669-900-6833 and enter Webinar ID: 896 5154 5127 (Type *9 to raise hand to speak, *6 to unmute yourself). Unregistered participants will be called on by the last four digits of their phone number.

Join from an H.323/SIP room system:

H.323:
144.195.19.161 (US West)
206.247.11.121 (US East)
Meeting ID: 896 5154 5127
SIP: [email protected]
After registering, you will receive a confirmation email containing information about joining the webinar.

Please read the following instructions carefully:

1. You can directly download the teleconference software or connect to the meeting in your internet browser. If you are using your browser, make sure you are using a current and up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain functionality may be disabled in older browsers, including Internet Explorer.

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2. You will be asked to enter an email address and a name, followed by an email with instructions on how to connect to the meeting. Your email address will not be disclosed to the public. If you wish to make an oral public comment but do not wish to provide your name, you may enter “Cupertino Resident” or similar designation.

3. When the Mayor calls for the item on which you wish to speak, click on “raise hand,” or, if you are calling in, press *9. Speakers will be notified shortly before they are called to speak.

4. When called, please limit your remarks to the time allotted and the specific agenda topic.

5. Members of the public that wish to share a document must email [email protected] prior to the meeting. These documents will be posted to the City’s website after the meeting.

ROLL CALL - 6:00 PM
10300 Torre Avenue, Conference Room C
and Teleconference Location Pursuant to Government Code section 54953(b)(2) Dubai Airport 7947+MP Dubai - United Arab Emirates, Terminal 3, Departures

CLOSED SESSION

1. Subject: Conference with Labor Negotiators pursuant to Government Code § 54957.6 (Kristina Alfaro and Christopher Boucher)
RECESS

OPEN SESSION
CALL TO ORDER - 6:45 PM
10350 Torre Avenue, Community Hall and via Teleconference and Teleconference Location Pursuant to Government Code section 54953(b)(2) Dubai Airport 7947+MP Dubai - United Arab Emirates, Terminal 3, Departures

PLEDGE OF ALLEGIANCE

ROLL CALL

CLOSED SESSION REPORT

CEREMONIAL ITEMS

2. Subject: Recognition of May as Asian American and Pacific Islander Heritage Month Recommended Action: Recognize May as Asian American and Pacific Islander Heritage Month

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3. Subject: Proclamation to Charities Housing and Silicon Valley at Home in conjunction with May as Affordable Housing Month
Recommended Action: Present proclamation recognizing Charities Housing and Silicon Valley at Home in conjunction with May as Affordable Housing Month A - Proclamation (Charities Housing)
B - Proclamation (Silicon Valley at Home)

4. Subject: Proclamation to the County of Santa Clara Department of Family and Children’s Services recognizing May as National Foster Care Awareness Month Recommended Action: Present proclamation to the County of Santa Clara Department of Family and Children’s Services recognizing May as National Foster Care Awareness Month
A - Proclamation

POSTPONEMENTS AND ORDERS OF THE DAY

ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the Council on any matter within the jurisdiction of the Council and not on the agenda for discussion. The total time for Oral Communications will ordinarily be limited to one hour. Individual speakers are limited to three (3) minutes. As necessary, the Chair may further limit the time allowed to individual speakers, or reschedule remaining comments to the end of the meeting on a first come first heard basis, with priority given to students. In most cases, State law will prohibit the Council from discussing or making any decisions with respect to a matter not listed on the agenda. A councilmember may, however, briefly respond to statements made or questions posed by speakers. A councilmember may also ask a question for clarification, provide a reference for factual information, request staff to report back concerning a matter, or request that an item be added to a future City Council agenda in response to public comment.

CONSENT CALENDAR (Items 5-8)
Items appearing on the Consent Calendar are considered routine City business and may be approved by one motion. Typical items may include meeting minutes, awards of contracts, the ratification of accounts payable, and second readings of ordinances. Any member of the Council may request to have an item removed from the Consent Calendar based on the rules set forth in the City Council Procedures Manual. Members of the public may provide input on one or more consent calendar items when the Mayor asks for public comments on the Consent Calendar.

5. Subject: Approval of April 15, 2025 City Council minutes Recommended Action: Approve the April 15, 2025 City Council minutes A - Draft Minutes

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6. Subject: Approval of Updated Budget Format Implementation Action Plan (IAP) Recommended Action: Approve the Updated Budget Format Implementation Action Plan (IAP)
Staff Report
A – Budget Format Implementation Action Plan (Redline)
B – Budget Format Implementation Action Plan (Clean)

7. Subject: Approve a Seventh Amendment to the MIG, Inc. design consultant agreement for the All-Inclusive Playground at Jollyman Park project for a total not-to-exceed amount of $533,821
Recommended Action: Authorize the City Manager to execute a Seventh Amendment to the agreement with MIG, Inc. for Design Professional Services on the All-Inclusive Playground at Jollyman Park project (420-99-051, PO# 2022-0326) increasing the contract amount by $21,410, for a new total not-to-exceed contract amount of $533,821.

Staff Report
A – Draft Amendment

8. Subject: Approve a Fourth Amendment to the Tanko Lighting Master Agreement for the Light Emitting Diode (LED) Streetlight Transition Project correcting the maximum compensation amount to $336,172.

Recommended Action: Authorize the City Manager to execute a Fourth Amendment to the master agreement (#653) with Tanko Lighting for Design Professional Services on the Light Emitting Diode (LED) Streetlight Transition Project (420-99-258) correcting the maximum compensation amount to $336,172.

Staff Report
A – Draft Fourth Amendment to Tanko Lighting Master Agreement B – Third Amendment to Tanko Lighting Master Agreement

PUBLIC HEARINGS
Effective January 1, 2023, Government Code Section 65103.5 (SB 1214) limits the distribution of copyrighted material associated with the review of development projects. Members of the public wishing to view plans that cannot otherwise be distributed under SB 1214 may make an appointment with the Planning Division to view them at City Hall by sending an email to [email protected]. Plans will also be made available digitally during the hearing to consider the proposal.

9. Subject: Approval of an Interim Urgency Ordinance Imposing a Moratorium on the Transition of Multiple-Family Use Housing to Student Housing within a One Half Mile Radius of Foothill-De Anza Community College in the City of Cupertino; or approval of a Resolution Encouraging the Building of Newly Constructed Student Housing and Preventing the Conversion of Multiple-Family Use Housing to Student Housing within the City of Cupertino.

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Recommended Action: Staff recommends that the City Council take the following actions:

1. Open and conduct a public hearing to consider the attached interim urgency ordinance; and
2a. Waive further reading and adopt, by a four-fifths (4/5ths) vote of the City Council, the attached interim urgency Ordinance No. 25-2270 by title only (the same to take effect immediately upon adoption), entitled, “An Interim Urgency Ordinance of the City of Cupertino, California, Enacted Pursuant to California Government Code section 65858 Establishing a 45-Day Temporary Moratorium on the Transition of Multiple-Family Use Housing to Student Housing Within One Half Mile Radius of Foothill-De Anza Community College in the City of Cupertino During the Pendency of the City’s Review and Adoption of Permanent Zoning Regulations for Such Uses”; or 2b. Adopt Resolution No. 25-025 Encouraging the Building of Newly Constructed Student Housing and Preserving Multiple-Family Use Housing By Preventing the Conversion of Multiple-Family Use Housing to Student Housing Within the City of Cupertino
Staff Report
A – Moratorium Radius Map
B - Draft Ordinance
C – Draft Resolution

10. Subject: Approval of the Fiscal Year (FY) 2025-26 Fee Schedule Update Recommended Action: Adopt Resolution No. 25-026 approving FY 2025-26 Fee Schedules A, B, C, and D. If adopted, new fees will be effective by July 6, 2025.

Staff Report
A - FY 2025-26 Fee Schedule A - General Fees (Redline)
B - FY 2025-26 Fee Schedule B - Engineering Fees (Redline) C - FY 2025-26 Fee Schedule C - Planning Fees (Redline) D - FY 2025-26 Fee Schedule D - Building Fees (Redline) E - FY 2025-26 Fee Schedule A - General Fees (Clean)
F - FY 2025-26 Fee Schedule B - Engineering Fees (Clean) G - FY 2025-26 Fee Schedule C - Planning Fees (Clean)
H - FY 2025-26 Fee Schedule D - Building Fees (Clean)
I – Draft Resolution
J - User Fee Cost Recovery Policy

11. Subject: Public Hearing Pursuant to Government Code Section 3502.3 to Receive a Report on City of Cupertino Vacancies, and Recruitment and Retention Efforts.

Recommended Action: Receive the informational report on City of Cupertino Vacancies, and Recruitment and Retention Efforts Pursuant to Government Code Section 3502.3.

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Staff Report
A - Assembly Bill 2561

ACTION CALENDAR

12. Subject: Review future agenda items requested by City Councilmembers (Continued from April 15, 2025)
Recommended Action: 1. Review the future agenda items list and adopt the staff recommendations for items 1-14 and 16-17

2. Provide direction for item 15
Staff Report
A - Future Agenda Items List from February 2025 with Adopted Motion B - Future Agenda Items List as of May 2025
C - Supplemental Report from April 15, 2025 City Council Meeting

13. Subject: Modification to a previously approved Development Permit and Architectural & Site Approval for the Westport Development including, but not limited to, dwelling count and ground floor retail, Park Land Dedication Fees and minor changes to Building 1. (Application No(s): M-2024-003, ASA-2024-003; Applicant(s): Related California (Cascade Zak); Location: 21267 Stevens Creek Boulevard; APN #326-27-048) Recommended Action: That the City Council adopt the proposed draft resolutions (Attachment A & B) to:

1. Adopt Resolution No. 25-027 approving the First Addendum to an EIR and approving the Development Permit Amendment (M-2024-003); and

2. Adopt Resolution No. 25-028 approving the Architectural and Site Approval Permit (ASA-2024-003).

Staff Report
A - Draft Resolution for M-2024-003
B - Draft Resolution for ASA-2024-003
C - Planning Commission Resolution 2025-05
D - Planning Commission Resolution 2025-06
E - Letter from J. Abrams Law to Cupertino City Staff dated June 18, 2024 F - Westport Mixed-Use Project Environmental Impact Report Addendum No. 1 G - Project Plans
H - Public Comments
I - Applicant Parking Exhibit

14. Subject: Per the Council's direction, review potential Capital Improvement Plan (CIP) projects to be defunded from the current approved list.

Recommended Action: City Council shall consider:

A) Which of the following projects to consider defunding and eliminating, or; B) Reaffirm the current Capital Improvement Programs project list.

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Staff Report
A – FY 25-26 CIP Project Narratives-defunding review
B – FY 25-26 CIP Fiscal Summary Table
C – Photovoltaic Systems project cost analysis February 2025

15. Subject: Introduce an Ordinance amending Municipal Code Section 2.04.010 pertaining to Removal of Closed Session Start Time and Clarification that Meetings Rescheduled Due to Holidays or Elections Retain Regular Meeting Status Recommended Action: Introduce Ordinance No. 25-2271: "An Ordinance of the City Council of the City of Cupertino amending Title 2, Administration and Personnel, of the City of Cupertino Municipal Code amending Section 2.04.010, pertaining to closed session and regular meetings, by title only, and waive the first reading." Staff Report
A - Draft Ordinance (redline)
B - Draft Ordinance (clean)

ITEMS REMOVED FROM THE CONSENT CALENDAR

CITY MANAGER REPORT

ORAL COMMUNICATIONS - CONTINUED

COUNCILMEMBER REPORTS

16. Subject: Councilmember Reports
A - Councilmember Report, Chao
B - Councilmember Report, Fruen
C - Councilmember Report, Mohan
D - Councilmember Report, Moore
E - Councilmember Report, Wang

FUTURE AGENDA ITEMS
The Upcoming Draft Agenda Items Report is a tentative council meeting agenda calendar that lists upcoming City Council meeting dates and tentative agenda items, all of which are subject to change.

17. Subject: Upcoming Draft Agenda Items Report
A - Upcoming Draft Agenda Items Report

ADJOURNMENT
Lobbyist Registration and Reporting Requirements: Individuals who influence or attempt to influence legislative or administrative action may be required by the City of Cupertino’s lobbying ordinance (Cupertino Municipal Code Chapter 2.100) to register and report lobbying activity. Persons whose communications regarding any legislative or administrative are solely limited to appearing at or submitting testimony for any public meeting held by the City are not required to register as lobbyists.

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For more information about the lobbying ordinance, please contact the City Clerk’s Office at 10300 Torre Avenue, Cupertino, CA 95014; telephone (408) 777-3223; email [email protected]; and website: www.cupertino.org/lobbyist.

The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law.

Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City’s decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk’s office for more information or go to http://www.cupertino.org/cityclerk for a reconsideration petition form.

In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, at least 48 hours in advance of the meeting to arrange for assistance. In addition, upon request in advance by a person with a disability, meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format.

Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk’s Office located at City Hall, 10300 Torre Avenue, Cupertino, California 95014, during normal business hours; and in Council packet archives linked from the agenda/minutes page on the City web site.

IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code section

2.08.100 written communications sent to the City Council, Commissioners or staff concerning a matter on the agenda are included as supplemental material to the agendized item. These written communications are accessible to the public through the City website and kept in packet archives. Do not include any personal or private information in written communications to the City that you do not wish to make public, as written communications are considered public records and will be made publicly available on the City website.

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CITY OF CUPERTINO
Agenda Item
25-13916 Agenda Date: 5/6/2025
Agenda #: 1.

Subject: Conference with Labor Negotiators pursuant to Government Code § 54957.6 (Kristina Alfaro and Christopher Boucher)
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CITY OF CUPERTINO
Agenda Item
25-13635 Agenda Date: 5/6/2025
Agenda #: 2.

Subject: Recognition of May as Asian American and Pacific Islander Heritage Month Recognize May as Asian American and Pacific Islander Heritage Month CITY OF CUPERTINO Page 1 of 1 Printed on 4/30/2025
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CITY OF CUPERTINO
Agenda Item
25-13636 Agenda Date: 5/6/2025
Agenda #: 3.

Subject: Proclamation to Charities Housing and Silicon Valley at Home in conjunction with May as Affordable Housing Month
Present proclamation recognizing Charities Housing and Silicon Valley at Home in conjunction with May as Affordable Housing Month
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Proclamation
WHEREAS, Affordable housing is one of the cornerstones of democracy and is a basic need and right of everyone, and the City of Cupertino wishes to heighten public awareness of fair housing and fair treatment of communities in the region; and
WHEREAS, Many Silicon Valley families and individuals struggle to find affordable homes in one of the most expensive housing markets in the nation; and
WHEREAS, The local affordable housing community, including organizations like Charities Housing, concentrates efforts on the production, protection, and preservation of affordable housing options; and WHEREAS, Many organizations throughout our region should continue working collaboratively to provide safe, stable, permanent, and affordable housing to all members of our community and continue bringing the need for affordable housing to the forefront of discussion; and
WHEREAS, The City of Cupertino joins Charities Housing in supporting affordable housing efforts and wishes to focus public attention on May as Affordable Housing Month.

THEREFORE, I, Mayor Liang Chao, and the Cupertino City Council do hereby proclaim the month of May in the City of Cupertino as
Affordable Housing Month
and encourage every person and community organization to support affordable housing efforts and to collaborate in finding viable, creative solutions to increase housing affordability for everyone.

IN WITNESS THEREOF, I have hereunto set my hand and caused the seal of the City of Cupertino to be affixed this Tuesday, May 6, 2025.
____________________________
The Honorable Liang Chao
Mayor, City of Cupertino
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Proclamation
WHEREAS, Affordable housing is one of the cornerstones of democracy and is a basic need and right of everyone, and the City of Cupertino wishes to heighten public awareness of fair housing and fair treatment of communities in the region; and
WHEREAS, Many Silicon Valley families and individuals struggle to find affordable homes in one of the most expensive housing markets in the nation; and
WHEREAS, The local affordable housing community, including organizations like Silicon Valley at Home, concentrates efforts on the production, protection, and preservation of affordable housing options; and WHEREAS, Many organizations throughout our region should continue working collaboratively to provide safe, stable, permanent, and affordable housing to all members of our community and continue bringing the need for affordable housing to the forefront of discussion; and
WHEREAS, The City of Cupertino joins Silicon Valley at Home in supporting affordable housing efforts and wishes to focus public attention on May as Affordable Housing Month.

THEREFORE, I, Mayor Liang Chao, and the Cupertino City Council do hereby proclaim the month of May in the City of Cupertino as
Affordable Housing Month
and encourage every person and community organization to support affordable housing efforts and to collaborate in finding viable, creative solutions to increase housing affordability for everyone.

IN WITNESS THEREOF, I have hereunto set my hand and caused the seal of the City of Cupertino to be affixed this Tuesday, May 6, 2025.
____________________________
The Honorable Liang Chao
Mayor, City of Cupertino
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Agenda Item
25-13792 Agenda Date: 5/6/2025
Agenda #: 4.

Subject: Proclamation to the County of Santa Clara Department of Family and Children’s Services recognizing May as National Foster Care Awareness Month Present proclamation to the County of Santa Clara Department of Family and Children’s Services recognizing May as National Foster Care Awareness Month CITY OF CUPERTINO Page 1 of 1 Printed on 4/30/2025
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Proclamation
WHEREAS, The month of May is set aside as National Foster Care Month to recognize the collaborative relationships across community organizations to support youth in foster care programs; and WHEREAS, In Cupertino there are 14 foster families, and in Santa Clara County there are 526 foster families; and
WHEREAS, The healthy growth and development of our youth is important because they will determine the future direction of our community; and
WHEREAS, Foster families open their homes and hearts to children whose families are in crisis, and thus play a vital role in helping children and families heal, reconnect, and launch children into successful adulthood; and
WHEREAS, The City of Cupertino supports the efforts of foster families who dedicate their time to children both in and leaving foster care.

THEREFORE, I, Mayor Liang Chao, and the Cupertino City Council do hereby proclaim the month of May in the City of Cupertino as
National Foster Care
Awareness Month
and thank the families who embrace the responsibility of providing a home and family to children in need.

IN WITNESS THEREOF, I have hereunto set my hand and caused the seal of the City of Cupertino to be affixed this Tuesday, May 6, 2025.
____________________________
The Honorable Liang Chao
Mayor, City of Cupertino
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Agenda Item
24-13589 Agenda Date: 5/6/2025
Agenda #: 5.

Subject: Approval of April 15, 2025 City Council minutes Approve the April 15, 2025 City Council minutes
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DRAFT MINUTES

CUPERTINO CITY COUNCIL
Tuesday, April 15, 2025

SPECIAL MEETING
At 6:02 p.m., Mayor Liang Chao called the Special City Council Meeting to order in the City Hall Conference Room C, 10300 Torre Avenue, Cupertino, CA 95014.

ROLL CALL

Present: Mayor Liang Chao, Vice Mayor Kitty Moore, and Councilmembers J.R. Fruen, Sheila Mohan, and Ray Wang. Absent: None.

CLOSED SESSION
In open session prior to closed session, Mayor Chao opened the public comment period regarding the items on the agenda. The following members of the public requested to speak.

Helena Cohen
Mayor Chao closed the public comment period.

1. Subject: Conference with legal counsel-anticipated litigation; California Government Code Sections 54954.5(c) and 54956.9(e)(1): (1 case)
Council met with legal counsel on the anticipated litigation.

2. Subject: Conference with Legal Counsel - Existing Litigation pursuant to Government Code § 54956.9: Yes In My Back Yard; Chunhua Tang; and California Housing Defense Fund v. City of Cupertino; Community Development Department of the City of Cupertino (25CV462924)
Council met with legal counsel on the existing litigation.

3. Subject: Conference with Legal Counsel - Existing Litigation pursuant to Government 18 CC 05-06-2025
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Code § 54956.9: Lixin (Leon) Chen; California Housing Defense Fund; and Yes in My Backyard v. City of Cupertino; City of Cupertino Community Development Department and City of Cupertino Planning Commission (25CV462857)
Council met with legal counsel on the existing litigation.

At 6:36 p.m., Mayor Chao recessed the meeting.

OPEN SESSION
At 6:45 p.m., Mayor Chao reconvened the Special City Council Meeting in open session and led the Pledge of Allegiance in the Cupertino Community Hall Council Chamber, 10350 Torre Avenue and via teleconference.

ROLL CALL

Present: Mayor Liang Chao, Vice Mayor Kitty Moore, and Councilmembers J.R. Fruen, Sheila Mohan, and Ray Wang. Absent: None.

CLOSED SESSION REPORT
City Attorney Floy Andrews conducted the open session report regarding the closed session held at 6:00 p.m. There was no reportable action.

PRESENTATIONS

4. Subject: Presentation by Santa Clara County Fire Department Assistant Chief Hector Estrada on the Updated Local Responsibility Area (LRA) Fire Hazard Severity Zone Map Recommended Action: Receive presentation by Santa Clara County Fire Department Assistant Chief Hector Estrada on the Updated Local Responsibility Area (LRA) Fire Hazard Severity Zone Map
Written communications for this item included a presentation.

Council received the presentation by Santa Clara County Fire Department Assistant Chief Hector Estrada on the Updated Local Responsibility Area (LRA) Fire Hazard Severity Zone Map.

CEREMONIAL ITEMS

5. Subject: Present proclamation honoring the life and legacy of Ty Bloomquist, a 19 CC 05-06-2025
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dedicated employee of the City of Cupertino, who passed away on March 28, 2025 Recommended Action: Present proclamation honoring the life and legacy of Ty Bloomquist, a dedicated employee of the City of Cupertino, who passed away on March 28, 2025
Ty Bloomquist’s wife, Renee, made comments and received the proclamation.

Mayor Chao introduced the proclamation honoring the life and legacy of Ty Bloomquist, a dedicated employee of the City of Cupertino, who passed away on March 28, 2025 and Director of Public Works Chad Mosely presented the proclamation.

6. Subject: Present a proclamation and recognize Cupertino's affiliated volunteer emergency response teams during Volunteer Week, April 20-26, 2025, for their outstanding contributions and dedicated service to the Cupertino community Recommended Action: Present a proclamation and recognize the contributions of CERT (Community Emergency Response Team) neighborhood responders and organizations for Citizen Corps Emergency Response, CARES (Cupertino Amateur Radio Emergency Services) for radio communications, and MRC (Medical Reserve Corps) for medical support to the City during emergencies, as part of Volunteer Week, April 20-26, 2025
Fari Aberg, Jim Oberhofer, and Alberto Boleda, representing Cupertino’s Citizen Corps, received the proclamation.

Mayor Chao presented the proclamation recognizing the contributions of CERT (Community Emergency Response Team) neighborhood responders and organizations for Citizen Corps Emergency Response, CARES (Cupertino Amateur Radio Emergency Services) for radio communications, and MRC (Medical Reserve Corps) for medical support to the City during emergencies, as part of Volunteer Week, April 20-26, 2025.

7. Subject: Receive presentation from the Santa Clara Valley Bird Alliance and present proclamation recognizing its 100 years of conservation and community Recommended Action: Receive presentation from the Santa Clara Valley Bird Alliance and present proclamation recognizing its 100 years of conservation and community Shani Kleinhaus, Environmental Advocate, and Matthew Dodder, Executive Director, with Santa Clara Valley Bird Alliance gave a verbal presentation and received the proclamation.

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community.

8. Subject: Receive presentation from Rolling Hills 4-H Club and present proclamation recognizing its contributions to youth leadership development and service to the Cupertino community
Recommended Action: Receive presentation from Rolling Hills 4-H Club and present proclamation recognizing its contributions to youth leadership development and service to the Cupertino community
Written communications for this item included a presentation.

Kai Wu and Audrey Papasin gave a presentation on behalf of Rolling Hills 4-H Club of Cupertino.

Council received the presentation from Rolling Hills 4-H Club and Mayor Chao presented the proclamation recognizing its contributions to youth leadership development and service to the Cupertino community
POSTPONEMENTS AND ORDERS OF THE DAY – None

ORAL COMMUNICATIONS
Written communications for this item included emails to the Council.

The following members of the public spoke:

Rhoda Fry discussed two City lawsuits and the Foothill-De Anza Community College District’s purchase of McClellan Terrace.

Devendar discussed the Foothill-De Anza Community College District’s purchase of McClellan Terrace.

Abhesi discussed the Foothill-De Anza Community College District’s purchase of McClellan Terrace.

Stephen Shei discussed community engagement and cultural understanding.

Peggy Griffin discussed the policies for written communications and commission hybrid meetings, and state housing legislation.

Jennifer Griffin discussed various housing bills and student housing. 21 CC 05-06-2025
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Ranjan Desai discussed the Mary Avenue Villas project.

Planning Commissioner San R (representing self) discussed the agenda setting process, converting rental housing to student housing, and grant funded projects.

Rathi Kartheek discussed the Foothill-De Anza Community College District’s purchase of McClellan Terrace.

Venkatesan Ranganathan discussed the Foothill-De Anza Community College District’s purchase of McClellan Terrace and the Sound Wall separating N. Portal from The Rise project.

David Y discussed the Evulich Court development and CAL FIRE’s updated Fire Hazard Severity Zone maps.

Chao requested an informational memorandum on reactivating hybrid-format commission meetings, including potential costs and fiscal impacts.

CONSENT CALENDAR (Items 9-12)
Councilmember Wang removed Item 12 from the Consent Calendar for discussion.

Mayor Chao opened the public comment period and, seeing no one, closed the public comment period.

MOTION: Wang moved and Moore seconded to approve the items on the Consent Calendar except as indicated; and to reorder the agenda to move Item 12 before the Action Calendar. The motion passed with the following vote: Ayes: Chao, Moore, Fruen, Mohan, and Wang. Noes:

None. Abstain: None. Absent: None.

9. Subject: Approval of April 2, 2025 City Council minutes Recommended Action: Approve the April 2, 2025 City Council minutes

10. Subject: Ratifying Accounts Payable for the periods ending March 14, 2025 and March 28, 2025
Recommended Action: A. Adopt Resolution No. 25-023 ratifying Accounts Payable for the Period ending March 14, 2025; and
B. Adopt Resolution No. 25-024 ratifying Accounts Payable for the Period ending March 28, 2025
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to councilmember questions and emails to Council.

11. Subject: Second reading and enactment of an ordinance to make amendments to the Cupertino Municipal Code, Title 2 to add Chapter 2.96 and codify the Economic Development Committee
Recommended Action: Conduct the second reading and enact Ordinance No. 25-2269:
“An Ordinance of the City Council of the City of Cupertino Amending City Code Title 2, Chapter 2.96: Economic Development Committee"
PUBLIC HEARINGS – None

ITEMS REMOVED FROM THE CONSENT CALENDAR
As noted under the Consent Calendar, this item was moved before the Action Calendar.

12. Subject: Fiscal Year (FY) 2025-26 Community Development Block Grant (CDBG) Program, Below Market Rate Affordable Housing Fund (BMR AHF), General Fund Human Services Grant (HSG), Permanent Local Housing Allocation (PLHA), and County funding allocations.

Recommended Action: Authorize the City Manager to execute the FY 2025-26 CDBG, BMR AHF, General Fund HSG, PLHA, and County funding agreements.

Written communications for this item included emails to Council.

This item was removed from the Consent Calendar for discussion.

Community Development Director Ben Fu and Senior Housing Planner Nicky Vu reviewed the staff report.

Mayor Chao opened the public comment period and the following members of the public spoke.

Eric McKinlay
Nader Vahdat
Gia Pham, representing Housing Choices
Jennifer Lucas, representing State Council on Developmental Disabilities (SCDD) Janet and Cindy Van Zoeren, representing Housing Choices Planning Commissioner Steven Scharf (representing self) Stephen Quan
Ranjan Desai
Sujatha Venkatraman, representing West Valley Community Services 23 CC 05-06-2025
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Georgia Bacil, representing Senior Adults Legal Assistance Rathi Kartheek
Lisa
Mayor Chao opened the public comment period.

Councilmembers asked questions and made comments.

MOTION: Chao moved and Wang seconded to approve the recommended action, as modified, to authorize the City Manager to execute the FY 2025-26 CDBG, BMR AHF, General Fund HSG, PLHA, and County funding agreements, and allocate in the same way from the BMR fund, $1.9 million for Charities Housing and $1.08 million for Eden Housing; with a modification that Council will consider allocating an extra $1 million from the remaining $1.8 million BMR fund to Charities Housing, on the condition that they explore on potential ways to increase the parking stalls on their side of the project.

Council did not vote on this motion.

SUBSTITUTE MOTION: Moore moved and Fruen seconded to approve the recommended action, as modified, to authorize the City Manager to execute the FY 2025-26 CDBG, BMR AHF, General Fund HSG, PLHA, and County funding agreements; with a modification that $3 million of the Below Market Rate Affordable Housing Fund (BMR AHF) be committed to the Charities Housing - Mary Avenue Project and $1,083,200 be allocated to the Eden Housing - Wolf Road Project, and that a commensurate amount of funding ($1,083,200) is to be reallocated from the General Fund to the BMR AHF fund to accommodate the modified funding increase. The substitute motion passed with the following vote: Ayes: Chao, Moore, Fruen, Mohan, and. Noes: Wang. Abstain: None.

Absent: None.

At 9:16 p.m., Mayor Chao recessed the meeting. The meeting reconvened at 9:23 p.m. with all Councilmembers present.

ACTION CALENDAR

13. Subject: Direct Staff on Commission Review of the Stevens Creek Boulevard Corridor Vision Study
Recommended Action: Direct staff to present the Stevens Creek Boulevard Corridor Vision Study to either the Planning Commission or the Bicycle Pedestrian Commission for review and input.

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Study, and emails to Council.

Public Works Director Chad Mosley reviewed the staff report.

Mayor Chao opened the public comment period and the following members of the public spoke.

Harry Neil
Jennifer Griffin
Beck Poltronetti
Planning Commissioner Steven Scharf (representing self) Peggy Griffin
Planning Commissioner Seema Lindskog (representing self) Planning Commissioner San R (representing self)
Planning Commissioner Tracy K (representing self)
Lisa
Michael Wang
Mayor Chao closed the public comment period.

MOTION: Moore moved and Wang seconded to direct staff to present the Stevens Creek Boulevard Corridor Vision Study for review and input to the Bicycle Pedestrian Commission, as already scheduled, and to the Planning Commission. The motion passed with the following vote: Ayes: Chao, Moore, Fruen, Mohan, and Wang. Noes: None.

Abstain: None. Absent: None.

14. Subject: Review future agenda items requested by City Councilmembers Recommended Action: 1. Review the future agenda items list and adopt the staff recommendations for items 1-13

2. Provide direction for items 14-18
Written communications for this item included a supplemental report with staff responses to councilmember questions, Updated Attachment A - February 2025 Future Agenda Items List, Updated Attachment B - April 2025 Future Agenda Items List 20 Items, Attachment C - Updated Future Agenda Items, and emails to the Council.

Deputy City Manager Tina Kapoor reviewed the staff report.

Councilmembers asked questions and made comments.

Mayor Chao opened the public comment period and the following people spoke. 25 CC 05-06-2025
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Jennifer Griffin
Peggy Griffin
Mayor Chao closed the public comment period.

MOTION: Chao moved and Wang seconded to agendize Item 18 as soon as possible to consider the Finch property for potential purchase or other form of partnership with the Cupertino Union School District (CUSD). The motion passed with the following vote:

Ayes: Chao, Moore, Fruen, Mohan, and Wang. Noes: None. Abstain: None. Absent:

None.

MOTION: Chao moved and Wang seconded to continue review future agenda items requested by City Councilmembers to the next City Council meeting. The motion passed with the following vote: Ayes: Chao, Moore, Fruen, Mohan, and Wang. Noes: None.

Abstain: None. Absent: None.

ADJOURNMENT
At 10:39 p.m., Mayor Chao adjourned the Regular City Council Meeting, per rule. There was no Council discussion on the remaining agenda items.

CITY MANAGER REPORT
The Council did not hear this item.

ORAL COMMUNICATIONS – CONTINUED - None

COUNCILMEMBER REPORTS

15. Subject: Councilmember Reports
Councilmembers reported on their various committees and events as provided in the published agenda.

FUTURE AGENDA ITEMS
The Council did not hear this item.

As noted under Oral Communications, Chao requested an informational memorandum on reactivating hybrid-format commission meetings, including potential costs and fiscal impacts. 26 CC 05-06-2025
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16. Subject: Upcoming Draft Agenda Items Report
A tentative council meeting agenda calendar was provided in the published agenda.

Minutes prepared by:
__________________________
Kirsten Squarcia, City Clerk
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CITY OF CUPERTINO
Agenda Item
25-13863 Agenda Date: 5/6/2025
Agenda #: 6.

Subject: Approval of Updated Budget Format Implementation Action Plan (IAP) Approve the Updated Budget Format Implementation Action Plan (IAP) CITY OF CUPERTINO Page 1 of 1 Printed on 4/30/2025
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CITY COUNCIL STAFF REPORT
Meeting: May 6, 2025
Subject
Updated Budget Format Implementation Action Plan (IAP)
Recommended Action
Approve the Updated Budget Format Implementation Action Plan (IAP) Background
On March 4, 2025, the Draft Budget Format Implementation Plan (IAP) was presented to the City Council. This plan included 32 recommendations that were prioritized 1-3, with 1 being the highest priority.

At this meeting the City Council also recommended the following edits to the draft IAP and staff committed to bringing back an updated IAP before budget adoption.  Item 12, Remove the full financial policies to retain in an appendix with the budget and any revision dates
 Item 15, Review the architecture and links in OpenGov to ensure accuracy  Item 18, Eliminate the program budget information in the departmental sections (pages 23 to 29) – Hold off on this for a while
 Capital Improvement Program (CIP) item - set as a priority one, if possible  Quarterly tracking of the CIP priorities - set as a priority two instead of priority three
 Item 26, Special Projects Policy - set as a priority one instead of a priority three  Conduct a study session to review the Performance Measures Updates in Q1 All recommended changes have been included, and the updated IAP is being presented for City Council’s approval.

The updated IAP was also presented to the Audit Committee on April 28, 2025. The committee received the report and recommended forwarding it to City Council for approval.

Implementation dates align with priorities as follows:
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Priority 1 – FY26 Proposed Budget
Priority 2 – FY27 Proposed Budget
Priority 3 – FY27 or FY28 Proposed Budget
Reasons for Recommendation and Available Options
The recommended action is to approve the updated Budget IAP and begin implementation. This will provide City Council and residents with expectations of when changes to budget format will be completed. “Based on the findings outlined above, staff recommends City Council approve the updated Budget Format Implementation Action Plan.

Sustainability Impact
No sustainability impact.

Fiscal Impact
No fiscal impact.

City Work Program (CWP) Item/Description
None.

Council Goal:

None.

California Environmental Quality Act
No California Environmental Quality Act impact.
_____________________________________
Prepared by: Toni Oasay-Anderson, Acting Budget Manager Reviewed by: Kristina Alfaro, Director of Administrative Services Tina Kapoor, Deputy City Manager
Floy Andrews, City Attorney (As needed)
Approved for Submission by: Pamela Wu, City Manager
Attachments:

A – Budget Format Implementation Action Plan (Redline)
B – Budget Format Implementation Action Plan (Clean)
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Making the Most of the Draft Implementation Action Plan Baker Tilly has developed this draft Implementation Action Plan to assist the City of Cupertino with the phasing and scheduling of 33 recommendations in the project report. That report sets forth the analysis leading to each recommendation. The work involved in implementing the recommendations will need to be integrated into the other work of the departments tasked with their completion, along with appropriate assignments of responsibility and with identification of specific planned completion dates. The draft Action Plan begins that process with guidance about a recommended priority assignment. Priority 1 recommendations are those that we believe are the most important to accomplish without delay or are easy to accomplish. Priority 2 recommendations have less importance in the near term or have an added element of complication to complete or require a significant amount of resources (perhaps internal and external) to assist with completion. Priority 3 recommendations are the least urgent to complete, either due to span of control or complexity Department . We suggest that you use this document to prepare a final Action Plan for the City of Cupertino. In doing so, the management team will need to identify specific target dates for completing implementation activities associated with each recommendation. Additionally, you may want to modify the described activities for implementing an individual recommendation based on internal knowledge of what will be required for completion or adjust the assignment of responsibility based on pending or future workload or other considerations. Where a draft task calls for an event to occur “regularly” or with a preset frequency (e.g., quarterly, monthly) you’ll want to ensure that your implementing procedure or policy is written to accomplish that objective. Prudent implementation of most recommendations will require “circling back” after the work of implementation has begun to fine-tune the work or the milestones based on experience. This step is not explicitly called out for each recommendation; however, assessing the progress of implementation (via “circling back”) should be a part of your normal management system. We would be happy to set up a consultation with you to support the conversion of this draft into the final Action Plan you can use to manage implementation. To turn this draft into the Action Plan that is used to manage implementation, replace the column titled “Priority” with actual completion dates. Target dates can be specific (e.g., September 1) or by month or quarter (e.g., 3Q 2025), as appropriate to the individual action.All of the work to implement the strategies is in addition to the normal work of involved City staff. Baker Tilly has staff associates who are experienced in implementing many of the actions identified in this draft Action Plan. We welcome the opportunity to assist you in doing so, and in any case, we remain available to consult with you in whatever way we can be helpful. Please do not hesitate to contact Carol Jacobs at 949-809-5588 or Steve Toler at 408-385-3414 if we can be of assistance. Steve Toler can be reached by email at [email protected]. The discipline of project planning is basic to the successful execution of the work ahead. We hope that you find the draft Implementation Action Plan useful in that regard. 32 CC 05-06-2025
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City of Cupertino – Budget Document Improvements and Performance Measures Draft Updated Implementation Action Plan Baker Tilly 1 Rec
No. Recommendation Implementation Steps Priority1
Department
Responsible2 Comments
1 Ensure the document includes a title page, improved table of contents, consistent layout and orientation.
 Review the budget document for consistent formatting including font, font size, page orientation
 Ensure title page and table of contents are properly formatted 1 Admin Services FY26 Implementation
2 Isolate the Budget Message as a standalone section.  Move the Strategic Goals Budget Message section to the front of the document in the Introduction Section
2 Admin Services FY26 Implementation
3 Incorporate the City’s Mission in the Budget Guide section with the Strategic Goals subsection and move them to the Introduction section after the City’s organization chart.
 Condense the City’s Mission in the Budget Guide section areas of the Budget Message
 Move to the introduction section
2 Admin Services FY26 Implementation
4 Eliminate the Notable Accomplishments and New Initiatives sections by condensing its content into a bulleted one or two sentence description for each accomplishment and relocate each relevant accomplishment to the respective Department section.
 Condense Notable Accomplishments and New Initiatives sections into small bulleted or narrative list by Department
 Move each bulleted description into relevant Department section
 Remove Notable Accomplishments and New Initiatives sections 2 Admin Services FY26 Implementation
5 Summarize high‐level notable accomplishments and new initiatives within the City Manager’s Budget Message
 Summarize high‐level notable accomplishments and new
initiatives into a small paragraph
 Put this paragraph in the City Manager’s Budget Message 2 Admin Services/
City Manager’sOffice
FY26 Implementation
6 Elevate the Budget Overview subsection as its own section in the budget document.
 Add the existing Budget Overview subsection as it’s own new section
 Include the following subsections:
o Budget Roadmap,
o Changes to the Budget and Policies,
o Budget by Fund,
o Service‐Level Reductions,
o Special Projects,
o Current Economic Update,
o Key Budget Assumptions, and
o Ongoing Challenges
2 Admin Services FY26 Implementation
1Priority 1: Important to accomplish without delay and/or easy to accomplish.

Priority 2: Second tier of importance to accomplish and/or may involve some complexity or time to complete.

Priority 3: Least urgent to complete and/or may take longer to set‐up or to execute. 2To establish clear accountability there should be a single manager assigned responsibility for completing implementation of each recommendation. Where more than one manager is identified in this column, responsibility should be clarified when the Final Action Plan is prepared.
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City of Cupertino – Budget Document Improvements and Performance Measures Draft Updated Implementation Action Plan Baker Tilly 2 Rec
No. Recommendation Implementation Steps Priority1
Department
Responsible2 Comments
7 Report Department reductions at the summary level and refer to the Department section for further detail.
 Use the newly created Budget Overview section in
Recommendation #6 to create a four page narrative
 Refer to the individual Department sections for further detail 2 Admin Services FY26 Implementation
8 Complete and publish the FY 2024‐25 Budget at a Glance document to summarize the budget for the casual user.
 Publish the above four page narrative from Recommendation #7 as a separate City’s Budget at a Glance document
2 Admin Services April 2025
9 Move the Mission Statement to the strategic goals section.  Move the Mission Statement from the Budget Guide section to the Strategic SGoals section.
2 Admin Services FY26 Implementation
10 Move the Elements of the Budget Document, Glossary of Budget Terminology, Commonly Used Acronyms, and
Revenues/Expenditures/Fund Balance Table to the Appendix.  Move the following Elements of the Budget Document to the appendix
o Glossary of Budget Terminology
o Commonly Used Acronyms
o Revenues/Expenditures/Fund Balance Table
2 Admin Services FY26 Implementation
11 Eliminate the City Profile, Education, Programs and Applications, Community and Recreation Services and Things to Do and See subsections of the Community Profile section from the budget document.
 Remove the following subsections of the Community Profile section
o City Profile
o Education
o Programs and Applications
o Community and Recreation Services
o Things to Do and See
2 Admin Services FY26 Implementation
12 Update all policies to provide a summary of the policy and include a link to the official policy on the City’s website.
 Remove the full financial policies from the budget document to retain in an appendix with the budget and any revision dates  Include a summary of the relevant financial policies and a link to the full policy on the City’s website
3 Admin Services FY26 Implementation
13 Eliminate the Flow of Funds Chart and replace it with a narrative description of how taxes are used to fund City services within the Budget Overview section of the budget.
 Eliminate the Flow of Funds Chart in the All Funds Financial Schedule section
 Include a narrative of how taxes are used to fund City services within the Budget Overview section
3 Admin Services FY28 Implementation
14 Revise the General Fund Contribution Schedule subsection to include a brief narrative of General Funds resources that are being contributed to other funds, refer to the General Fund Transfers subsection, and eliminate the existing table.
 Develop a draft narrative summary for City Manager’s Office review and feedback
 Eliminate the existing table of the General Fund Contribution Schedule in the General Fund Financial Schedules sections  Refer to the General Fund Transfers subsection in the narrative 2 Admin Services FY27 Implementation
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City of Cupertino – Budget Document Improvements and Performance Measures Draft Updated Implementation Action Plan Baker Tilly 3 Rec
No. Recommendation Implementation Steps Priority1
Department
Responsible2 Comments
 Publish the updated section for incorporation into the annual budget document
15 Refer the reader to the Department section or OpenGov for further detail.
 Review architecture and links in OpenGov to ensure accuracy and usability of financial schedules that provide the same or similar information as in the current budget document
 Make revisions to OpenGov as required
 Modify text references in the General Fund Financial Schedules section in each department to direct readers to the department sections, appendix and/or OpenGov
 Condense Revenues section detail
 Add reference to Open Gov to show further detail
2 Admin Services FY27 Implementation
16 Condense the General Fund Revenues to provide an overview of the key revenue sources, and include the more detailed descriptions and analysis in the General Fund Forecast subsection.
 Develop a revised draft of a condensed General Funds revenue section (e.g., start with an outline, then complete a draft based on prior budget)
 Move the more detailed descriptions and analysis in the General Fund Forecast subsection
 Ensure consistency in formatting and align structure across both sections for clarity
 Publish the updated section as part of the draft budget 2 Admin Services FY26 Implementation
17 Review each Department section to include the following components:
1) Department description; 2) Organizational chart (by division/program including number of assigned personnel FTE equivalents); 3) Personnel summary (subtotals by position); 4) Key priorities, with emphasis on how they achieve the citywide strategic plan/priorities; 5) Performance measures with a reference to key departmental priorities and citywide strategic plan/priorities; and 6) Revenue and Expenditure summary by division/program and by expenditure type (personnel costs, materials and services, capital outlay, etc.).
 Review each Department section to ensure there is consistency in including the following components:
o Department description
o Organizational chart
o Personnel summary
o Key priorities
o Performance measureso Revenue and Expenditure summary 3 Admin Services FY27 Implementation
18 Eliminate the program budget information in the Department sections and refer the user to OpenGov to obtain further detail.  Eliminate the program budget information in the departmental sections
 Add reference to Open Gov for the reader to obtain further detail at the program budget level
2 Admin Services Per Council hold off on this for
awhile.FY27 Implementation
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No. Recommendation Implementation Steps Priority1
Department
Responsible2 Comments
19 Develop a minimum five‐year Capital Improvement Plan (CIP) and incorporate the CIP plan into the budget document.
 Develop the Capital Improvement Plan should be created and include the following elements:
o CIP Overview
o CIP Process that explains the definition of a
project and the planning process
o Project descriptions
o Financial Summary by Year
o Funding Availability
 The CIP should be included as part of the annual budget with similar timelines so that the recommended operating and capital budgets are published within the budget schedule.
21 Public Works/
Admin Services
FY26 Implementation
20 Affirm primary responsibility and lead role of the development of the CIP Plan to Public Works as a shared responsibility and collaboration with other departments.
 Assign the lead role of development of the CIP to the Public Works Department
 Conduct cross‐departmental CIP meetings to ensure input is received
 Develop a department coordination framework that defines roles, responsibility for input and collaboration
 Discuss and disseminate the framework with departments.  Conduct periodic check‐ins on CIP plan development to include the City Manager, and representatives from Public Works and Administrative Services
1 City Manager’s
Office, delegatedto Public Works
FY26 Implementation, internal
Standard Operating Procedure(SOP)
21 Assign compilation and publication of the CIP Plan section of the budget document to the Administrative Services Department’s Budget division.  Assign the lead role of compilation and publication of the CIP to the Admin Services Department
 Standardize CIP formatting and structure to ensure consistency in CIP descriptions, budget projections and reporting
 Establish a review and submission timelines for the draft and final CIP version in the context of the broader budget process  Collaborate with Public Works to inform final development of the finalized CIP plan
 Incorporate the capital budget in the recommended budget document.
1 City Manager’s
Office, delegated
to Admin Services
FY26 Implementation
22 Complete the FY 2024‐25 Capital Budget and issue as Volume 2 of the current adopted budget.
 Complete the FY 2024‐25 Capital Budget already in progress (performed by Public Works)
1 Public Works/
Admin Services
Completed April 2025
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No. Recommendation Implementation Steps Priority1
Department
Responsible2 Comments
 Issue the Capital Budget as Volume 2 of the current adopted budget.
23 Provide clear quarterly tracking of CIP priorities, progress, and alignment with Council work programs.
 Develop a quarterly reporting framework to define reporting element such as progress tracking, estimated time of
construction and completion, and tracking against budget  Establish a reporting calendar to set quarterly review deadlines on City Council agendas
 Implement the CIP progress reporting
 Check‐in with City Council and department leaders to evaluate CIP progress reporting and opportunities to improve it
32 City Manager’s
Office, delegatedto Public Works
FY27 Implementation
24 Create a detailed appendix for fund transfers, enterprise funds, and grant funding usage.
 Create a framework to report the following:
o Fund transfers
o Enterprise funds
o Grant funding
 Compile the fund transfer and grant data to document all sources and uses of funds
 Publish the developed report(s)
2 Admin Services FY27 Implementation
25 Ensure all appropriated funds and consulting services are tracked and reported against original purposes.
 Review current trancking mechanisms and implement any necessary changes based on feedback received from City
Councilmembers regarding past reports
 Review the current expense report that shows budget and actual expenditures for all appropriated funds
 Create a report in OpenGov that highlights the consulting services expenses compared to the original budget.
 Keep clear documentation of all consulting services budgets. 3 Admin Services FY28 Implementation
26 Develop and implement a Special Projects policy to address such issues as definitions, approval authorities, timelines, projects spanning multiple fiscal years, budget carryovers for projects extending into a subsequent fiscal year, and periodic reporting timelines and form.  Develop a special projects policy that addresses:
o Definition of special projects
o Form of reporting
o Frequency of reporting
o Follow‐up on items and direction from City
Council
31 City Manager’s
Office
Completed April 2025
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City of Cupertino – Budget Document Improvements and Performance Measures Draft Updated Implementation Action Plan Baker Tilly 6 Rec
No. Recommendation Implementation Steps Priority1
Department
Responsible2 Comments
27 Review the City’s annual budget resolution and/or expenditure and budget policies to ensure they align with City Council authoritiesprovided to the City Manager or designee in managing the annual budget, including use of contracted and/or consulting services to achieve the City’s annual service delivery goals expressed in the adopted budget.
 Review the City’s annual budget resolution and/or expenditure and budget policies to ensure the following:
o Authorities provided to the City Manager
o Use of contracted or consulting services
 Make any changes or updates as needed
1 City Manager’s
Office
FY26 Implementation
28 Review the City’s current budget community engagement strategy with the City Council to ensure it is successfully meeting the needs for identifying community priorities and to inform the community about how City services are funded.
 Present the City’s current budget community engagement strategy to the City Council
 Solicit feedback on additional community engagement strategies  Make any changes or updates as needed
1 City Manager’s
Office
FY26 Implementation
29 Review educational content on the budget’s role as a financial planning tool and document in light of any changes to the engagement strategy using easy‐to‐understand content and graphics.
 Review the proposed changes to the community engagement strategies
 Update educational content and engagement strategy with easy‐ to‐understand content and graphics based on proposed changes 1 Admin Services/
City Manager’sOffice
FY26 Implementation
30 Leverage tools like OpenGov to create interactive, department‐focused summaries for each user type including the community, council and staff.
 Review the current OpenGov design and layout for departments and solicit feedback for improvements
 Move the current year so the newest information is listed first on the main page
 Develop content based on the needs of the community and council
 Include links in the budget document to OpenGov to create more tailored content
1 Admin Services FY27 Implementation, will
need more time to developand implement thisrecommendation 31 Develop a citywide strategic plan that includes a review of the core values, mission and vision by the City Council to form the appropriate strategic goals and priorities for the organization and its operating departments.
 Determine if the strategic plan will be done with assistance from consultants or in house
 Work with City Council to create a city‐wide strategic plan according to the following framework
o Core Values
o Mission
o Vision
o Organizational Goals
o Organizational Strategies
o Strategic Prioritieso Personal Priorities
1 City Manager’s
Office
FY26 Implementation, a FY26
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No. Recommendation Implementation Steps Priority1
Department
Responsible2 Comments
 Incorporate strategic plan into planning for the budget document and performance measures
32 Establish performance standards for each performance measure and reevaluate at least biennially.
 Review Baker Tilly’s suggested performance measures by Department
 Obtain City Council approval on the set of performance measures to be implemented, informed by the Baker Tilly report and any subsequent creation of a citywide strategic plan  Identify roles and responsibilities within each department to identify the metrics to be tracked, gather the data, and develop the reports
 Implement a tracking mechanism by developing a reporting structure to monitor compliance and effectiveness (e.g., quarterly, semi‐annually)
 Create a process for reviewing performance and updating performance measures with the City Council periodically (semi‐ annually) and as part of the annual budget process
1 City Manger’s
Office, delegatedto eachdepartment
FY26/FY27 Implementation
this will follow the strategicplan to ensure alignment withCity Council vision andpriorities 33 Conduct a study session to review the Performance Measures update in Q1
 Review updated performance measures Bring to City council as a study session 1 City Manger’s
Office, delegatedto eachdepartment
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City of Cupertino – Budget Document Improvements and Performance Measures Updated Implementation Action Plan Baker Tilly 1 Rec
No. Recommendation Implementation Steps Priority1
Department
Responsible2 Comments
1 Ensure the document includes a title page, improved table of contents, consistent layout and orientation.
 Review the budget document for consistent formatting including font, font size, page orientation
 Ensure title page and table of contents are properly formatted 1 Admin Services FY26 Implementation
2 Isolate the Budget Message as a standalone section.  Move the Strategic Goals Budget Message section to the front of the document in the Introduction Section
2 Admin Services FY26 Implementation
3 Incorporate the City’s Mission in the Budget Guide section with the Strategic Goals subsection and move them to the Introduction section after the City’s organization chart.
 Condense the City’s Mission in the Budget Guide section areas of the Budget Message
 Move to the introduction section
2 Admin Services FY26 Implementation
4 Eliminate the Notable Accomplishments and New Initiatives sections by condensing its content into a bulleted one or two sentence description for each accomplishment and relocate each relevant accomplishment to the respective Department section.
 Condense Notable Accomplishments and New Initiatives sections into small bulleted or narrative list by Department
 Move each bulleted description into relevant Department section
 Remove Notable Accomplishments and New Initiatives sections 2 Admin Services FY26 Implementation
5 Summarize high‐level notable accomplishments and new initiatives within the City Manager’s Budget Message
 Summarize high‐level notable accomplishments and new
initiatives into a small paragraph
 Put this paragraph in the City Manager’s Budget Message 2 Admin Services/
City Manager’sOffice
FY26 Implementation
6 Elevate the Budget Overview subsection as its own section in the budget document.
 Add the existing Budget Overview subsection as it’s own new section
 Include the following subsections:
o Budget Roadmap,
o Changes to the Budget and Policies,
o Budget by Fund,
o Service‐Level Reductions,
o Special Projects,
o Current Economic Update,
o Key Budget Assumptions, and
o Ongoing Challenges
2 Admin Services FY26 Implementation
1Priority 1: Important to accomplish without delay and/or easy to accomplish.

Priority 2: Second tier of importance to accomplish and/or may involve some complexity or time to complete.

Priority 3: Least urgent to complete and/or may take longer to set‐up or to execute. 2To establish clear accountability there should be a single manager assigned responsibility for completing implementation of each recommendation. Where more than one manager is identified in this column, responsibility should be clarified when the Final Action Plan is prepared.
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City of Cupertino – Budget Document Improvements and Performance Measures Updated Implementation Action Plan Baker Tilly 2 Rec
No. Recommendation Implementation Steps Priority1
Department
Responsible2 Comments
7 Report Department reductions at the summary level and refer to the Department section for further detail.
 Use the newly created Budget Overview section in
Recommendation #6 to create a four page narrative
 Refer to the individual Department sections for further detail 2 Admin Services FY26 Implementation
8 Complete and publish the FY 2024‐25 Budget at a Glance document to summarize the budget for the casual user.
 Publish the above four page narrative from Recommendation #7 as a separate City’s Budget at a Glance document
2 Admin Services April 2025
9 Move the Mission Statement to the strategic goals section.  Move the Mission Statement from the Budget Guide section to the Strategic Goals section.
2 Admin Services FY26 Implementation
10 Move the Elements of the Budget Document, Glossary of Budget Terminology, Commonly Used Acronyms, and
Revenues/Expenditures/Fund Balance Table to the Appendix.  Move the following Elements of the Budget Document to the appendix
o Glossary of Budget Terminology
o Commonly Used Acronyms
o Revenues/Expenditures/Fund Balance Table
2 Admin Services FY26 Implementation
11 Eliminate the City Profile, Education, Programs and Applications, Community and Recreation Services and Things to Do and See subsections of the Community Profile section from the budget document.
 Remove the following subsections of the Community Profile section
o City Profile
o Education
o Programs and Applications
o Community and Recreation Services
o Things to Do and See
2 Admin Services FY26 Implementation
12 Update all policies to provide a summary of the policy and include a link to the official policy on the City’s website.
 Remove the full financial policies from the budget document to retain in an appendix with the budget and any revision dates  Include a summary of the relevant financial policies and a link to the full policy on the City’s website
3 Admin Services FY26 Implementation
13 Eliminate the Flow of Funds Chart and replace it with a narrative description of how taxes are used to fund City services within the Budget Overview section of the budget.
 Eliminate the Flow of Funds Chart in the All Funds Financial Schedule section
 Include a narrative of how taxes are used to fund City services within the Budget Overview section
3 Admin Services FY28 Implementation
14 Revise the General Fund Contribution Schedule subsection to include a brief narrative of General Funds resources that are being contributed to other funds, refer to the General Fund Transfers subsection, and eliminate the existing table.
 Develop a draft narrative summary for City Manager’s Office review and feedback
 Eliminate the existing table of the General Fund Contribution Schedule in the General Fund Financial Schedules sections  Refer to the General Fund Transfers subsection in the narrative 2 Admin Services FY27 Implementation
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City of Cupertino – Budget Document Improvements and Performance Measures Updated Implementation Action Plan Baker Tilly 3 Rec
No. Recommendation Implementation Steps Priority1
Department
Responsible2 Comments
 Publish the updated section for incorporation into the annual budget document
15 Refer the reader to the Department section or OpenGov for further detail.
 Review architecture and links in OpenGov to ensure accuracy and usability of financial schedules that provide the same or similar information as in the current budget document
 Make revisions to OpenGov as required
 Modify text references in the General Fund Financial Schedules section in each department to direct readers to the department sections, appendix and/or OpenGov
 Condense Revenues section detail
 Add reference to Open Gov to show further detail
2 Admin Services FY27 Implementation
16 Condense the General Fund Revenues to provide an overview of the key revenue sources, and include the more detailed descriptions and analysis in the General Fund Forecast subsection.
 Develop a revised draft of a condensed General Funds revenue section (e.g., start with an outline, then complete a draft based on prior budget)
 Move the more detailed descriptions and analysis in the General Fund Forecast subsection
 Ensure consistency in formatting and align structure across both sections for clarity
 Publish the updated section as part of the draft budget 2 Admin Services FY26 Implementation
17 Review each Department section to include the following components:
1) Department description; 2) Organizational chart (by division/program including number of assigned personnel FTE equivalents); 3) Personnel summary (subtotals by position); 4) Key priorities, with emphasis on how they achieve the citywide strategic plan/priorities; 5) Performance measures with a reference to key departmental priorities and citywide strategic plan/priorities; and 6) Revenue and Expenditure summary by division/program and by expenditure type (personnel costs, materials and services, capital outlay, etc.).
 Review each Department section to ensure there is consistency in including the following components:
o Department description
o Organizational chart
o Personnel summary
o Key priorities
o Performance measureso Revenue and Expenditure summary 3 Admin Services FY27 Implementation
18 Eliminate the program budget information in the Department sections and refer the user to OpenGov to obtain further detail.  Eliminate the program budget information in the departmental sections
 Add reference to Open Gov for the reader to obtain further detail at the program budget level
2 Admin Services Per Council hold off on this for
awhile.FY27 Implementation
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City of Cupertino – Budget Document Improvements and Performance Measures Updated Implementation Action Plan Baker Tilly 4 Rec
No. Recommendation Implementation Steps Priority1
Department
Responsible2 Comments
19 Develop a minimum five‐year Capital Improvement Plan (CIP) and incorporate the CIP plan into the budget document.
 Develop the Capital Improvement Plan should be created and include the following elements:
o CIP Overview
o CIP Process that explains the definition of a
project and the planning process
o Project descriptions
o Financial Summary by Year
o Funding Availability
 The CIP should be included as part of the annual budget with similar timelines so that the recommended operating and capital budgets are published within the budget schedule.
1 Public Works/
Admin Services
FY26 Implementation
20 Affirm primary responsibility and lead role of the development of the CIP Plan to Public Works as a shared responsibility and collaboration with other departments.
 Assign the lead role of development of the CIP to the Public Works Department
 Conduct cross‐departmental CIP meetings to ensure input is received
 Develop a department coordination framework that defines roles, responsibility for input and collaboration
 Discuss and disseminate the framework with departments.  Conduct periodic check‐ins on CIP plan development to include the City Manager, and representatives from Public Works and Administrative Services
1 City Manager’s
Office, delegatedto Public Works
FY26 Implementation, internal
Standard Operating Procedure
(SOP)
21 Assign compilation and publication of the CIP Plan section of the budget document to the Administrative Services Department’s Budget division.  Assign the lead role of compilation and publication of the CIP to the Admin Services Department
 Standardize CIP formatting and structure to ensure consistency in CIP descriptions, budget projections and reporting
 Establish a review and submission timelines for the draft and final CIP version in the context of the broader budget process  Collaborate with Public Works to inform final development of the finalized CIP plan
 Incorporate the capital budget in the recommended budget document.
1 City Manager’s
Office, delegated
to Admin Services
FY26 Implementation
22 Complete the FY 2024‐25 Capital Budget and issue as Volume 2 of the current adopted budget.
 Complete the FY 2024‐25 Capital Budget already in progress (performed by Public Works)
1 Public Works/
Admin Services
Completed April 2025
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City of Cupertino – Budget Document Improvements and Performance Measures Updated Implementation Action Plan Baker Tilly 5 Rec
No. Recommendation Implementation Steps Priority1
Department
Responsible2 Comments
 Issue the Capital Budget as Volume 2 of the current adopted budget.
23 Provide clear quarterly tracking of CIP priorities, progress, and alignment with Council work programs.
 Develop a quarterly reporting framework to define reporting element such as progress tracking, estimated time of
construction and completion, and tracking against budget  Establish a reporting calendar to set quarterly review deadlines on City Council agendas
 Implement the CIP progress reporting
 Check‐in with City Council and department leaders to evaluate CIP progress reporting and opportunities to improve it
2 City Manager’s
Office, delegatedto Public Works
FY27 Implementation
24 Create a detailed appendix for fund transfers, enterprise funds, and grant funding usage.
 Create a framework to report the following:
o Fund transfers
o Enterprise funds
o Grant funding
 Compile the fund transfer and grant data to document all sources and uses of funds
 Publish the developed report(s)
2 Admin Services FY27 Implementation
25 Ensure all appropriated funds and consulting services are tracked and reported against original purposes.
 Review current trancking mechanisms and implement any necessary changes based on feedback received from City
Councilmembers regarding past reports
 Review the current expense report that shows budget and actual expenditures for all appropriated funds
 Create a report in OpenGov that highlights the consulting services expenses compared to the original budget.
 Keep clear documentation of all consulting services budgets. 3 Admin Services FY28 Implementation
26 Develop and implement a Special Projects policy to address such issues as definitions, approval authorities, timelines, projects spanning multiple fiscal years, budget carryovers for projects extending into a subsequent fiscal year, and periodic reporting timelines and form.  Develop a special projects policy that addresses:
o Definition of special projects
o Form of reporting
o Frequency of reporting
o Follow‐up on items and direction from City
Council
1 City Manager’s
Office
Completed April 2025
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City of Cupertino – Budget Document Improvements and Performance Measures Updated Implementation Action Plan Baker Tilly 6 Rec
No. Recommendation Implementation Steps Priority1
Department
Responsible2 Comments
27 Review the City’s annual budget resolution and/or expenditure and budget policies to ensure they align with City Council authoritiesprovided to the City Manager or designee in managing the annual budget, including use of contracted and/or consulting services to achieve the City’s annual service delivery goals expressed in the adopted budget.
 Review the City’s annual budget resolution and/or expenditure and budget policies to ensure the following:
o Authorities provided to the City Manager
o Use of contracted or consulting services
 Make any changes or updates as needed
1 City Manager’s
Office
FY26 Implementation
28 Review the City’s current budget community engagement strategy with the City Council to ensure it is successfully meeting the needs for identifying community priorities and to inform the community about how City services are funded.
 Present the City’s current budget community engagement strategy to the City Council
 Solicit feedback on additional community engagement strategies  Make any changes or updates as needed
1 City Manager’s
Office
FY26 Implementation
29 Review educational content on the budget’s role as a financial planning tool and document in light of any changes to the engagement strategy using easy‐to‐understand content and graphics.
 Review the proposed changes to the community engagement strategies
 Update educational content and engagement strategy with easy‐ to‐understand content and graphics based on proposed changes 1 Admin Services/
City Manager’sOffice
FY26 Implementation
30 Leverage tools like OpenGov to create interactive, department‐focused summaries for each user type including the community, council and staff.
 Review the current OpenGov design and layout for departments and solicit feedback for improvements
 Move the current year so the newest information is listed first on the main page
 Develop content based on the needs of the community and council
 Include links in the budget document to OpenGov to create more tailored content
1 Admin Services FY27 Implementation, will
need more time to develop
and implement this
recommendation
31 Develop a citywide strategic plan that includes a review of the core values, mission and vision by the City Council to form the appropriate strategic goals and priorities for the organization and its operating departments.
 Determine if the strategic plan will be done with assistance from consultants or in house
 Work with City Council to create a city‐wide strategic plan according to the following framework
o Core Values
o Mission
o Vision
o Organizational Goals
o Organizational Strategies
o Strategic Prioritieso Personal Priorities
1 City Manager’s
Office
FY26 Implementation, a FY26
Proposed Budget request will
be made for dollars to
complete a strategic plan.
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City of Cupertino – Budget Document Improvements and Performance Measures Updated Implementation Action Plan Baker Tilly 7 Rec
No. Recommendation Implementation Steps Priority1
Department
Responsible2 Comments
 Incorporate strategic plan into planning for the budget document and performance measures
32 Establish performance standards for each performance measure and reevaluate at least biennially.
 Review Baker Tilly’s suggested performance measures by Department
 Obtain City Council approval on the set of performance measures to be implemented, informed by the Baker Tilly report and any subsequent creation of a citywide strategic plan  Identify roles and responsibilities within each department to identify the metrics to be tracked, gather the data, and develop the reports
 Implement a tracking mechanism by developing a reporting structure to monitor compliance and effectiveness (e.g., quarterly, semi‐annually)
 Create a process for reviewing performance and updating performance measures with the City Council periodically (semi‐ annually) and as part of the annual budget process
1 City Manger’s
Office, delegatedto eachdepartment
FY26/FY27 Implementationthis will follow the strategicplan to ensure alignment withCity Council vision andpriorities 33 Conduct a study session to review the Performance Measures update in Q1
 Review updated performance measures
 Bring to City council as a study session
1 City Manger’s
Office, delegatedto each
department
FY26/FY27 Implementation,this will follow the strategic plan to ensure alignment with
City Council vision and
priorities.
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CITY OF CUPERTINO
Agenda Item
25-13891 Agenda Date: 5/6/2025
Agenda #: 7.

Subject: Approve a Seventh Amendment to the MIG, Inc. design consultant agreement for the All-Inclusive Playground at Jollyman Park project for a total not-to-exceed amount of $533,821 Authorize the City Manager to execute a Seventh Amendment to the agreement with MIG, Inc. for Design Professional Services on the All-Inclusive Playground at Jollyman Park project (420-99-051, PO# 2022-0326) increasing the contract amount by $21,410, for a new total not-to-exceed contract amount of $533,821.

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CITY COUNCIL STAFF REPORT
Meeting: May 6, 2025
Subject
Approve a Seventh Amendment to the MIG, Inc. design consultant agreement for the All-Inclusive Playground at Jollyman Park project for a total not-to-exceed amount of $533,821
Recommended Action
Authorize the City Manager to execute a Seventh Amendment to the agreement with MIG, Inc. for Design Professional Services on the All-Inclusive Playground at Jollyman Park project (420-99-051, PO# 2022-0326) increasing the contract amount by $21,410, for a new total not-to-exceed contract amount of $533,821.

Background
The agreement with MIG, Inc. (MIG) for design professional services was awarded in December 2021 for $389,511. Since that time, six amendments to that agreement have been issued, expanding the project scope and time, resulting in the addition of $122,900 to the contract, increasing the total contract amount not-to-exceed to $512,411.

The Expenditure Distribution up to the currently proposed contract amendment:

Item Description Amount
Original
Agreement (PO#
2022-0326)
Design/Engineering Services. (Council's December
2021 award of this contract included authorization for
PW Director to execute changes/contingency up to
$77,900 for a total appropriation of $467,411.)
$389,511
Amendment #1 Design services to support the addition of the restroom to the scope.
$12,000
Amendment #2 Design services to add an art feature and present to Arts & Culture Commission
$18,250
Amendment #3 Design Services to find alternative artist, develop the art feature design, and develop bid documents for
fabrication.
$38,400
Amendment #4 Extending the end date of the agreement. $0 49 CC 05-06-2025
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Amendment #5 Design services to assist with building permit processing, including the addition of structural
engineering services.
$9,250
Amendment #6 Construction Administration, expansion of scope to include restroom, art feature, added site visits.
(Council approved in June 2024)
$45,000
Total: $512,411
Amendment #7
(this item)
Construction Administration additional services, as
more site visits and GC coordination are required.
$21,410
Amended Total: $533,821
Reasons for Recommendation and Available Options
The amount of oversight required to implement the project has increased throughout the construction phase of the project. A number of unforeseen conditions required changes to the scope of the project and increased involvement from MIG’s project team, including irrigation system conditions, adjustments to layout of equipment, and evaluation and implementation of cost reduction measures that required redesign and engineering, such as a change to the accessible sand table. The MIG project team was able to accommodate many of the revisions, but additional site inspections to finalize the project warrant an increase in the total of the agreement. This will be the final amendment to the contract prior to completion of the project.

Sustainability Impact
No sustainability impact.

Fiscal Impact
No fiscal impact. This contract amendment falls within the project’s current budget appropriation.

City Work Program (CWP) Item/Description
None
California Environmental Quality Act
No California Environmental Quality Act impact
_____________________________________
Prepared by: Susan Michael, CIP Manager
Reviewed by: Chad Mosley, Director of Public Works
Tina Kapoor, Deputy City Manager
Approved for Submission by: Pamela Wu, City Manager
Attachments:

A – Draft Amendment 07 MIG agreement for JAIPG
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SEVENTH AMENDMENT TO AGREEMENT 401

BETWEEN THE CITY OF CUPERTINO AND MIG, INC

FOR ALL-INCLUSIVE PLAYGROUND AT JOLLYMAN
PARK
This Seventh Amendment to Agreement 401 between the City of Cupertino, a municipal corporation (hereinafter "City") and MIG, Inc, a Corporation (“Contractor”) whose address is 2055 Junction Ave, Suite 205, San Jose, CA 95131, and is made with reference to the following:

RECITALS:

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

B. The City and the Contractor entered into a First Amended Agreement (“First Amended Agreement”) effective October 13, 2022; and
C. The City and the Contractor entered into a Second Amended Agreement (“Second Amended Agreement”) effective July 14, 2023; and
D. The City and the Contractor entered into a Third Amended Agreement (“Third Amended Agreement”) effective September 7, 2023; and
E. The City and the Contractor entered into a Fourth Amended Agreement (“Fourth Amended Agreement”) effective April 8, 2024; and
F. The City and the Contractor entered into a Fifth Amended Agreement (“Fifth Amended Agreement”) effective May 22, 2024; and
G. The City and the Contractor entered into a Sixth Amended Agreement (“Sixth Amended Agreement”) effective August 23, 2024; and
H. The Agreement, First Amendment, Second Amendment, Third Amendment, Fourth Amendment, Fifth Amendment and Sixth Amendment are collectively referred to as the “Agreement” unless otherwise indicated.

I. 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 of the 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 $533,821.00 (“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 51 CC 05-06-2025
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remain in place even if Consultant’s actual costs exceed the capped amount. No extra work or payment is permitted in excess of the Contract Price. Exhibits A and A-1 and A-2 and A-3, A4, and A-5 of the Agreement are modified to include Exhibit A-6 Additional Services, attached hereto.

2. Paragraph 4.3 Additional Services of the Agreement is modified to read as follows: City has the discretion, but not the obligation, to authorize Additional Services up to an amount not to exceed $144,310.00. 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.

Exhibits A and A-1 and A-2 and A-3, A-4, and A-5 of the Agreement are modified to include Exhibit A-6 Additional Services, attached hereto.

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

IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed.

CITY OF CUPERTINO
By
Title
Date

APPROVED AS TO FORM
City Attorney
ATTEST:

City Clerk
Date

MIG, INC
By
Title
Date
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EXPENDITURE DISTRIBUTION
Item PO Number Amount
Original Agreement 2022-326 $389,511.00
Amendment 1 $12,000.00
Amendment 2 $18,250.00
Amendment 3 $38,400
Amendment 4 Extend Term to 6/30/2026 0
Amendment 5 $9,250
Amendment 6 $45,000
Amendment 7 $21,410
Total $533,821
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October 9, 2024 Revised April 2, 2025
Susan Michael, Capital Projects Programs Manager
City of Cupertino, City Hall
10300 Torre Ave.

Cupertino, CA 95014
Re: Revised Additional Services #7 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 work has expanded to include revised drawings for a sand play table of a different design and reduced price, along with extended CA services over a longer construction schedule. The following summarizes the MIG team’s request for additional work and fees that are above and beyond the original contract. All other terms in the original contract remain in effect.

Requested Add Services:
(to be added to Task 10: Construction Observation unless otherwise directed) Extended CA services: meetings, site visits, RFIs, coordination $18,000 Sand table cad revisions, structural review and formal ASI: $3,410 Total Add Service #7 $21,410
Sincerely,
Melissa Erikson
Principal, Director of Community Design Services
MIG
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CITY OF CUPERTINO
Agenda Item
25-13892 Agenda Date: 5/6/2025
Agenda #: 8.

Subject: Approve a Fourth Amendment to the Tanko Lighting Master Agreement for the Light Emitting Diode (LED) Streetlight Transition Project correcting the maximum compensation amount to $336,172.

Authorize the City Manager to execute a Fourth Amendment to the master agreement (#653) with Tanko Lighting for Design Professional Services on the Light Emitting Diode (LED) Streetlight Transition Project (420 -99-258) correcting the maximum compensation amount to $336,172.

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CITY COUNCIL STAFF REPORT
Meeting: May 6, 2025
Subject
Approve a Fourth Amendment to the Tanko Lighting Master Agreement for the Light Emitting Diode (LED) Streetlight Transition Project correcting the maximum compensation amount to $336,172.

Recommended Action
Authorize the City Manager to execute a Fourth Amendment to the master agreement (#653) with Tanko Lighting for Design Professional Services on the Light Emitting Diode (LED) Streetlight Transition Project (420-99-258) correcting the maximum compensation amount to $336,172.

Background
A master agreement was awarded to Tanko Lighting for design professional services on the LED Streetlight Transition Project in January 2023. The master agreement with Tanko Lighting was approved for amendment by City Council in December 2024 to increase the maximum compensation amount, but there was a mathematical error, and this Fourth Amendment corrects that error.

The December 3, 2024 staff report and exhibit C-2, attached to the Third Amendment, indicates an addition of $156,914 to the contract, however the Maximum Compensation Amount was incorrect. The amount stated in the Staff Report was $306,914 but should have been $336,172. Amendment #4 corrects the mathematical error and revises the maximum compensation amount to $336,172. ($179,258 + $156,914 = $336,914) To date, there have been three amendments to the Tanko Lighting Master Agreement:

Item Execution
Date
Amount
Added
Maximum
Compensation
Amount
Original Not-to-Exceed Contract
amount (audit existing conditions,
develop project scope and specifications)
January 10,
2023
- - $175,000
Amendment #1 (extending time) April 22, 2024 $0 $175,000 56 CC 05-06-2025
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Amendment #2 (additional services for
bid review process)
September 6,
2024
$4,258 $179,258
Amendment #3 (construction
administration)
February 12,
2025
$156,914 $306,914*
Amendment #4 (correcting error) TBD $0 $336,172**
*Maximum Compensation amount should have been $336,172. **Revised Maximum Compensation Amount to address the previous error.

Reasons for Recommendation and Available Options
In the December 3, 2024 staff report, the following text was supplied to substantiate the need for the additional services from Tanko Lighting:

To ensure that construction work is completed in an orderly manner and in compliance with the project specifications, staff also recommends increasing Tanko Lighting’s contract by $156,914, for a total contract amount not to exceed $306,914, so that Tanko Lighting can perform construction management services for the City on this project.

Scope of Services include community outreach, developing an installation schedule, use of a consultant’s computerized mapping system to track installation progress in real time to verify contractor’s data entry is accurate and complete, post construction asset inventory update, and to coordinate utility billing updates upon project completion.

If this item is not approved, the City will not be able to contract out Construction Management services and will lose the opportunity to utilize the Consultant’s GIS software to manage and track installation. Due to limited staff resources, this will prohibit or delay project completion.

The maximum compensation indicated in the staff report was incorrect. The correct amount is $336,172. This amendment corrects the error to reflect the correct maximum compensation amount.

Sustainability Impact
No sustainability impact.

Fiscal Impact
No fiscal impact. This contract amendment falls within the project’s current budget appropriation.

City Work Program (CWP) Item/Description
None
California Environmental Quality Act
No California Environmental Quality Act impact
_____________________________________
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Prepared by: Susan Michael, CIP Manager
Reviewed by: Chad Mosley, Director of Public Works
Tina Kapoor, Deputy City Manager
Approved for Submission by: Pamela Wu, City Manager
Attachments:

A – Draft Fourth Amendment to Tanko Lighting Master Agreement B – Third Amendment to Tanko Lighting Master Agreement
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FOURTH AMENDMENT TO AGREEMENT 653

BETWEEN THE CITY OF CUPERTINO AND TANKO

LIGHTING FOR CONSTRUCTION MANAGEMENT

AND CONSULTING SERVICES FOR VARIOUS CIP

PROJECTS
This Fourth Amendment to Agreement 653 is by and between the City of Cupertino, a municipal corporation (hereinafter "City") and Tanko Lighting, a Corporation (“Contractor”) whose address is 220 Bayshore Blvd., San Francisco, CA 94124, and is made with reference to the following:

RECITALS:

A. The City and Contractor entered into an Agreement for Construction Management and Consulting Services for Various CIP Projects, effective January 10, 2023 (“Original Agreement”) with a term expiring on June 30, 2024.

B. The City and the Consultant entered into a First Amended Agreement for Construction Management and Consulting Services for Various CIP Projects (“First Amendment”) effective April 22, 2024, with a term expiring on June 30, 2026.

C. The City and the Consultant entered into a Second Amended Agreement for Construction Management and Consulting Services for Various CIP Projects (“Second Amendment”) effective September 6, 2024, with a term expiring on June 30, 2026.

D. The City and the Consultant entered into a Third Amended Agreement for Construction Management and Consulting Services for Various CIP Projects (“Third Amendment”) effective February 12, 2025, with a term expiring on June 30, 2026.

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

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

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

City will pay Consultant for satisfactory performance of the Services a total amount that will be based upon actual costs but that will be capped so as not to exceed $336,172 (“Contract Price”), based on the budget and rates set forth 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.

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

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

CITY OF CUPERTINO
By
Title
Date

APPROVED AS TO FORM

City Attorney
ATTEST:

City Clerk
Date

TANKO LIGHTING
By
Title
Date
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1 THIRD AMENDMENT TO AGREEMENT 653 BETWEEN

THE CITY OF CUPERTINO AND TANKO LIGHTING

FOR CONSTRUCTION MANAGEMENT AND

CONSULTING SERVICES FOR VARIOUS CIP

PROJECTS
This Third Amendment to Agreement 653 is by and between the City of Cupertino, a municipal corporation ( hereinafter " City") and Tanko Lighting a Corporation (“ Contractor”) whose address is220 Bayshore Blvd, San Francisco, CA 94124 and is made with reference to the following:

RECITALS:

A. The City and Contractor entered into an Agreement for Construction Management and Consulting Services for Various CIP Projects effective January 10,2023 (“ Original Agreement”) with term expiring June 30, 2024.

B. The City and Consultant entered into a First Amended Agreement for Construction Management and Consulting Services for Various CIP Projects (“ First Amendment”) effective April 22,2024, with term expiring June 30, 2026.

C. The City and Consultant entered into a Second Amended Agreement for Construction Management and Consulting Services on Various CIP Projects ( Second Amendment”) effective September 6, 2024, with term expiring June 30, 2026.

D. The Original Agreement, First Amendment and Second Amendment are collectively referred to as the “ Agreement” unless otherwise indicated. herein.

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

1. Paragraph 2.1 of the Agreement is modified to read as follows: Scope of Services. Consultant agrees to provide the Services “ as needed” and as set forth in the Scope of Services, attached and incorporated here as Exhibit A. The Services must comply with this Agreement and with each Service Order issued under the authority of the City Director of Public Works or his designee, in accordance with the following procedures. Consultant further agrees to carry out its work in compliance with any applicable local, State, or Federal order regarding COVID- 19.

Exhibit A of the Agreement is modified as follows: additional Scope of Services, attached here and incorporated as Exhibit A-2

2. Paragraph 4.1 of the Agreement is modified to read as follows: Maximum Compensation. City will pay Consultant for satisfactory performance of the Services a total amount that will based upon actual costs but that will be capped so as not to exceed $ 306,914 (“ Contract Price”), based on the budget and rates set forth in Exhibit C, Compensation, attached and incorporated here. The Contract Price includes all expenses and reimbursements and will remain in place 61 CC 05-06-2025
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2 even if Consultant’ s actual costs exceed the capped amount. No extra work or payment is permitted in excess of the Contract Price.

Exhibit C of the Agreement is modified as follows: additional Compensation, attached and incorporated here as Exhibit C-2

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

IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed.

CITY OF CUPERTINO
By
Title
Date

APPROVED AS TO FORM
City Attorney
ATTEST:

City Clerk
Date

TANKO LIGHTING
By
Title
Date
Jason Tanko
Chief Executive Officer
02/ 06/ 2025
Christopher D. Jensen
City Manager
02/ 12/ 2025
02/ 12/ 2025
62 CC 05-06-2025
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Service Order No. 3to Master Service Agreement Consultant Services – City of Cupertino & Tanko Streetlighting, Inc.

Construction Management – Scope of Services
Task 1.0: LED Conversion Phase
Task 1.01: Community Outreach and Notification
CONSULTANT shall coordinate with the CITY’ s media office to help develop a community outreach and notification plan prior to the commencement of any project activities. The plan will ensure project awareness and minimize public disturbance. CONSULTANT shall develop the message and provide the planned installation schedule to the CITY’ s media staff for distribution through the CITY’ s existing media outlets (press releases, website, etc.).

Deliverables:

Project Messaging and Schedule: Specific language, draft press release, and timelines related to installation to assist with notifying community members of the project.

Pricing – Task 1.01: Community Outreach and Notification Position Hourly Rate Estimated Hours Extended Price
Principal $ 250 10 $ 2,500
Project Manager $ 188 32 $ 6,016
Data Analyst $ 156 12 $ 1,872
Total Not to Exceed Price: $ 10,388
Task 1.02: Logistics Management
CONSULTANT shall:

Ensure the selected installation contractor stages the receipt of fixture shipments for installation in a manner that ensures the secured storage of materials.

Provide the CITY with a schedule of anticipated shipping dates for materials once the materials order is placed.

Develop an installation plan that minimizes inconvenience to the CITY and includes ordering schedules, traffic control plans, waste disposal and recycling procedures ( that comply with all applicable State and Federal laws), and installation and commissioning schedules as required to the CITY.

Facilitate a pre-construction Kick-Off meeting with CITY staff and the installation contractor to review the traffic control plans, work safety, permitting requirements public safety and waste material handling procedures and requirements prior to the start of installation.

Coordinate and participate in regularly scheduled progress meetings with CITY staff.

Deliverable:

Logistics Management Details: Ordering, traffic control plans, required permits, disposal strategy, pre-construction meeting, ongoing meetings, installation and commissioning schedules.

Exhibit A2 - C2
63 CC 05-06-2025
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Service Order No. 3to Master Service Agreement Consultant Services – City of Cupertino & Tanko Streetlighting, Inc.

Pricing – Task 1.02: Logistics Management
Position Hourly Rate Estimated Hours Extended Price
Principal $ 250 21 $ 5,250
Project Manager $ 188 104 $ 19,552
Data Analyst $ 156 67 $ 10,452
Total Not to Exceed Price: $ 35,254
Task 1.03: Installation Management
CONSULTANT shall:

Develop installation maps and provide installers and relevant CITY staff for accurate project tracking.

Ensure that any poles missing pole tags are updated with pole tags consistent with CITY’ s existing system.

Ensure that installers are equipped with handheld devices and train them in collecting relevant data on both the HPS fixtures being removed, as well as the LED fixtures being installed.

Track each crew’ s daily progress via time-stamped data on every fixture location.

Provide immediate instruction to crews on any course corrections necessary.

Deliverable:

Installation Maps: Maps with locations and fixture information used to dispatch installation crews and allow CITY staff to track installation routes.

Weekly Installation Report: A detailed listing of the locations completed during the installation phase, along with maps corresponding to locations.

Pricing – Task 1.03: Installation Management
Position Hourly Rate Estimated Hours Extended Price
Principal $ 250 10 $ 2,500
Project Manager $ 188 109 $ 20,492
Data Analyst $ 156 173 $ 26,988
Total Not to Exceed Price: $ 49,980
Task 1.04: Commissioning Coordination
CONSULTANT shall ensure that the installers perform final inspection on all fixtures, correct any “ punch list” items, test lights to ensure that they work, and identify locations where repair needs CITY assistance.

CONSULTANT shall provide a complete commissioning report outlining any errors and actions taken to correct errors.

Deliverable:

Commissioning Report: Detailed analysis of final installation verification and testing, including an outline of any errors and actions taken to correct errors. 64 CC 05-06-2025
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Service Order No. 3to Master Service Agreement Consultant Services – City of Cupertino & Tanko Streetlighting, Inc.

Pricing – Task 1.04: Commissioning Coordination
Position Hourly Rate Estimated Hours Extended Price
Principal $ 250 8 $ 2,000
Project Manager $ 188 45 $ 8,460
Data Analyst $ 156 39 $ 6,084
Total Not to Exceed Price: $ 16,544
Task 1.05: Rebate and Tariff Change Coordination
CONSULTANT shall:

Research any available rebate programs and facilitate all necessary tasks to ensure that the CITY receives the rebates and billing changes for which it is eligible.

Prepare all necessary and required documentation for the rebates and submit these to the appropriate departments within the agency.

Follow up with the agency to confirm the materials have been received and are in process.

Assist the CITY with responses to any utility/ agency questions regarding the submitted applications for rebates.

Coordinate with the utility on changing tariffs to the newly- installed LED fixture rates by preparing the necessary documentation, submitting it to the utility, confirming the materials have been received, and obtaining the timing for the modification to be processed.

If known, provide the contact information for the appropriate party addressing any rate changes for the CITY.

Assist the CITY with responses to any utility questions regarding the submitted applications for tariff changes.

Deliverable:

Rebate and Tariff Change Documentation: A compilation of copies of paperwork submitted and processed with the utility regarding rebate applications and tariff changes.

Pricing – Task 1.05: Rebate and Tariff Change Documentation Position Hourly Rate Estimated Hours Extended Price
Principal $ 250 0 $ 0
Project Manager $ 188 32 $ 6,016
Data Analyst $ 156 35 $ 5,460
Total Not to Exceed Price: $ 11,476
Task 1.06: Final Reporting
CONSULTANT shall coordinate all final reporting and data requirements to ensure that the CITY considers the project is compliant and complete. This includes finalizing the GIS layer with design and construction data and updating the analysis of gross cost, savings, incentives, net cost, and payback of finalized design, including any operation and maintenance of costs and savings. Additionally, CONSULTANT shall provide contacts and the process whereby the CITY can obtain warranty support with the manufacturer( s) should it be necessary.
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Service Order No. 3to Master Service Agreement Consultant Services – City of Cupertino & Tanko Streetlighting, Inc.

Deliverable:

Final Reporting Documentation: Final requirements necessary to process the available rebates and tariff changes with the CITY, as well as post-construction electronic GIS records for all newlyinstalled streetlights in the CITY, including all wattages, badge numbers, locations, and other associate attributes, and environmental disposal documentation.

Pricing – Task 1.06: Final Reporting
Position Hourly Rate Estimated Hours Extended Price
Principal $ 250 10 $ 2,500
Project Manager $ 188 69 $ 12,972
Data Analyst $ 156 70 $ 10,920
Total Not to Exceed Price: $ 26,392
OPTIONAL – Task 1.07: Remedy of Miss-Billings
Based on the results of the Data Reconciliation Report, CONSULTANT shall provide additional assistance reconciling the streetlight billing discrepancies with the utility to credit the CITY for any miss-billings.

Deliverable:

Miss-Billing Documentation: Submission of required documentation to utility to remedy any streetlight mis-billings. Follow up meeting and coordination with CITY and utility as needed.

Pricing – Task 1.07: Remedy of Miss-Billings
Position Hourly Rate Estimated Hours Extended Price
Principal $ 250 0 $ 0
Project Manager $ 188 12 $ 2,256
Data Analyst $ 156 16 $ 2,496
Total Not to Exceed Price: $ 4,752
OPTIONAL – Task 1.08: Custom Design for Decorative Fixtures Any decorative fixture beyond the standard design process (defined as any non-cobra head fixture where the design can be determined through the audit process or has already been designed) will require a custom LED replacement design, provided on a per custom design created (not on a per fixture basis).

CONSULTANT shall design the custom LED retrofit (note this shall be one custom design for an estimated twenty (20) shoebox fixtures), dispatch of a contractor to measure the fixture, design of a custom insert, coordination with a metal fabricator to create a sample, etc. Should the CITY opt for this Task, it will be performed prior to Task 1.03 – Installation Management.

Deliverable:

Custom Retrofit Fixture: A custom designed LED retrofit that preserves the aesthetics of the existing shoebox fixture while providing the improved light quality and energy saving benefits. 66 CC 05-06-2025
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Service Order No. 3to Master Service Agreement Consultant Services – City of Cupertino & Tanko Streetlighting, Inc.

Pricing – OPTIONAL Task 1.08: Custom Design for Decorative Fixtures Position Hourly Rate Estimated Hours Extended Price
Principal $ 250 4 $ 1,000
Project Manager $ 188 6 $ 1,128
Data Analyst $ 156 0 $ 0
Total Not to Exceed Price: $ 2,128
Summary of Services
Task Not to Exceed Price
Task 1.01: Community Outreach and Notification $ 10,388 Task 1.02: Logistics Management $ 35,254
Task 1.03: Installation Management $ 49,980
Task 1.04: Commissioning Coordination $ 16,544
Task 1.05: Rebate and Tariff Change Coordination $ 11,476 Task 1.06: Final Reporting $ 26,392
Total Not to Exceed Price: $ 150,034
Optional Tasks
OPTIONAL Task 1.07: Remedy of Miss-Billings $ 4,752
OPTIONAL Task 1.08: Custom Design for Decorative Fixtures $ 2,128 Total Cost for Optional Adders (Not included in the above): $ 6,880 67 CC 05-06-2025
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Service Order No. 3to Master Service Agreement Consultant Services – City of Cupertino & Tanko Streetlighting, Inc.

Construction Management – Scope of Services
Task 1.0: LED Conversion Phase
Task 1.01: Community Outreach and Notification
CONSULTANT shall coordinate with the CITY’ s media office to help develop a community outreach and notification plan prior to the commencement of any project activities. The plan will ensure project awareness and minimize public disturbance. CONSULTANT shall develop the message and provide the planned installation schedule to the CITY’ s media staff for distribution through the CITY’ s existing media outlets (press releases, website, etc.).

Deliverables:

Project Messaging and Schedule: Specific language, draft press release, and timelines related to installation to assist with notifying community members of the project.

Pricing – Task 1.01: Community Outreach and Notification Position Hourly Rate Estimated Hours Extended Price
Principal $ 250 10 $ 2,500
Project Manager $ 188 32 $ 6,016
Data Analyst $ 156 12 $ 1,872
Total Not to Exceed Price: $ 10,388
Task 1.02: Logistics Management
CONSULTANT shall:

Ensure the selected installation contractor stages the receipt of fixture shipments for installation in a manner that ensures the secured storage of materials.

Provide the CITY with a schedule of anticipated shipping dates for materials once the materials order is placed.

Develop an installation plan that minimizes inconvenience to the CITY and includes ordering schedules, traffic control plans, waste disposal and recycling procedures ( that comply with all applicable State and Federal laws), and installation and commissioning schedules as required to the CITY.

Facilitate a pre-construction Kick-Off meeting with CITY staff and the installation contractor to review the traffic control plans, work safety, permitting requirements public safety and waste material handling procedures and requirements prior to the start of installation.

Coordinate and participate in regularly scheduled progress meetings with CITY staff.

Deliverable:

Logistics Management Details: Ordering, traffic control plans, required permits, disposal strategy, pre-construction meeting, ongoing meetings, installation and commissioning schedules.

Exhibit A2 - C2
68 CC 05-06-2025
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Service Order No. 3to Master Service Agreement Consultant Services – City of Cupertino & Tanko Streetlighting, Inc.

Pricing – Task 1.02: Logistics Management
Position Hourly Rate Estimated Hours Extended Price
Principal $ 250 21 $ 5,250
Project Manager $ 188 104 $ 19,552
Data Analyst $ 156 67 $ 10,452
Total Not to Exceed Price: $ 35,254
Task 1.03: Installation Management
CONSULTANT shall:

Develop installation maps and provide installers and relevant CITY staff for accurate project tracking.

Ensure that any poles missing pole tags are updated with pole tags consistent with CITY’ s existing system.

Ensure that installers are equipped with handheld devices and train them in collecting relevant data on both the HPS fixtures being removed, as well as the LED fixtures being installed.

Track each crew’ s daily progress via time-stamped data on every fixture location.

Provide immediate instruction to crews on any course corrections necessary.

Deliverable:

Installation Maps: Maps with locations and fixture information used to dispatch installation crews and allow CITY staff to track installation routes.

Weekly Installation Report: A detailed listing of the locations completed during the installation phase, along with maps corresponding to locations.

Pricing – Task 1.03: Installation Management
Position Hourly Rate Estimated Hours Extended Price
Principal $ 250 10 $ 2,500
Project Manager $ 188 109 $ 20,492
Data Analyst $ 156 173 $ 26,988
Total Not to Exceed Price: $ 49,980
Task 1.04: Commissioning Coordination
CONSULTANT shall ensure that the installers perform final inspection on all fixtures, correct any “ punch list” items, test lights to ensure that they work, and identify locations where repair needs CITY assistance.

CONSULTANT shall provide a complete commissioning report outlining any errors and actions taken to correct errors.

Deliverable:

Commissioning Report: Detailed analysis of final installation verification and testing, including an outline of any errors and actions taken to correct errors. 69 CC 05-06-2025
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Service Order No. 3to Master Service Agreement Consultant Services – City of Cupertino & Tanko Streetlighting, Inc.

Pricing – Task 1.04: Commissioning Coordination
Position Hourly Rate Estimated Hours Extended Price
Principal $ 250 8 $ 2,000
Project Manager $ 188 45 $ 8,460
Data Analyst $ 156 39 $ 6,084
Total Not to Exceed Price: $ 16,544
Task 1.05: Rebate and Tariff Change Coordination
CONSULTANT shall:

Research any available rebate programs and facilitate all necessary tasks to ensure that the CITY receives the rebates and billing changes for which it is eligible.

Prepare all necessary and required documentation for the rebates and submit these to the appropriate departments within the agency.

Follow up with the agency to confirm the materials have been received and are in process.

Assist the CITY with responses to any utility/ agency questions regarding the submitted applications for rebates.

Coordinate with the utility on changing tariffs to the newly- installed LED fixture rates by preparing the necessary documentation, submitting it to the utility, confirming the materials have been received, and obtaining the timing for the modification to be processed.

If known, provide the contact information for the appropriate party addressing any rate changes for the CITY.

Assist the CITY with responses to any utility questions regarding the submitted applications for tariff changes.

Deliverable:

Rebate and Tariff Change Documentation: A compilation of copies of paperwork submitted and processed with the utility regarding rebate applications and tariff changes.

Pricing – Task 1.05: Rebate and Tariff Change Documentation Position Hourly Rate Estimated Hours Extended Price
Principal $ 250 0 $ 0
Project Manager $ 188 32 $ 6,016
Data Analyst $ 156 35 $ 5,460
Total Not to Exceed Price: $ 11,476
Task 1.06: Final Reporting
CONSULTANT shall coordinate all final reporting and data requirements to ensure that the CITY considers the project is compliant and complete. This includes finalizing the GIS layer with design and construction data and updating the analysis of gross cost, savings, incentives, net cost, and payback of finalized design, including any operation and maintenance of costs and savings. Additionally, CONSULTANT shall provide contacts and the process whereby the CITY can obtain warranty support with the manufacturer( s) should it be necessary.
70 CC 05-06-2025
70 of 554

Service Order No. 3to Master Service Agreement Consultant Services – City of Cupertino & Tanko Streetlighting, Inc.

Deliverable:

Final Reporting Documentation: Final requirements necessary to process the available rebates and tariff changes with the CITY, as well as post-construction electronic GIS records for all newlyinstalled streetlights in the CITY, including all wattages, badge numbers, locations, and other associate attributes, and environmental disposal documentation.

Pricing – Task 1.06: Final Reporting
Position Hourly Rate Estimated Hours Extended Price
Principal $ 250 10 $ 2,500
Project Manager $ 188 69 $ 12,972
Data Analyst $ 156 70 $ 10,920
Total Not to Exceed Price: $ 26,392
OPTIONAL – Task 1.07: Remedy of Miss-Billings
Based on the results of the Data Reconciliation Report, CONSULTANT shall provide additional assistance reconciling the streetlight billing discrepancies with the utility to credit the CITY for any miss-billings.

Deliverable:

Miss-Billing Documentation: Submission of required documentation to utility to remedy any streetlight mis-billings. Follow up meeting and coordination with CITY and utility as needed.

Pricing – Task 1.07: Remedy of Miss-Billings
Position Hourly Rate Estimated Hours Extended Price
Principal $ 250 0 $ 0
Project Manager $ 188 12 $ 2,256
Data Analyst $ 156 16 $ 2,496
Total Not to Exceed Price: $ 4,752
OPTIONAL – Task 1.08: Custom Design for Decorative Fixtures Any decorative fixture beyond the standard design process (defined as any non-cobra head fixture where the design can be determined through the audit process or has already been designed) will require a custom LED replacement design, provided on a per custom design created (not on a per fixture basis).

CONSULTANT shall design the custom LED retrofit (note this shall be one custom design for an estimated twenty (20) shoebox fixtures), dispatch of a contractor to measure the fixture, design of a custom insert, coordination with a metal fabricator to create a sample, etc. Should the CITY opt for this Task, it will be performed prior to Task 1.03 – Installation Management.

Deliverable:

Custom Retrofit Fixture: A custom designed LED retrofit that preserves the aesthetics of the existing shoebox fixture while providing the improved light quality and energy saving benefits. 71 CC 05-06-2025
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Service Order No. 3to Master Service Agreement Consultant Services – City of Cupertino & Tanko Streetlighting, Inc.

Pricing – OPTIONAL Task 1.08: Custom Design for Decorative Fixtures Position Hourly Rate Estimated Hours Extended Price
Principal $ 250 4 $ 1,000
Project Manager $ 188 6 $ 1,128
Data Analyst $ 156 0 $ 0
Total Not to Exceed Price: $ 2,128
Summary of Services
Task Not to Exceed Price
Task 1.01: Community Outreach and Notification $ 10,388 Task 1.02: Logistics Management $ 35,254
Task 1.03: Installation Management $ 49,980
Task 1.04: Commissioning Coordination $ 16,544
Task 1.05: Rebate and Tariff Change Coordination $ 11,476 Task 1.06: Final Reporting $ 26,392
Total Not to Exceed Price: $ 150,034
Optional Tasks
OPTIONAL Task 1.07: Remedy of Miss-Billings $ 4,752
OPTIONAL Task 1.08: Custom Design for Decorative Fixtures $ 2,128 Total Cost for Optional Adders (Not included in the above): $ 6,880 72 CC 05-06-2025
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CERTIFICATE HOLDER
1988- 2010 ACORD CORPORATION. All rights reserved.

ACORD 25 (2010/ 05)

AUTHORIZED REPRESENTATIVE

CANCELLATION

DATE ( MM/ DD/YYYY)

CERTIFICATE OF LIABILITY INSURANCE

LOCJECT
PROPOLICY
GEN' L AGGREGATE LIMIT APPLIES PER:

OCCURCLAIMS- MADE

COMMERCIAL GENERAL LIABILITY

GENERAL LIABILITY
PREMISES ( Ea occurrence)$

DAMAGE TO RENTED
EACH OCCURRENCE $
MED EXP ( Any one person) $
PERSONAL & ADV INJURY $
GENERAL AGGREGATE $
PRODUCTS - COMP/ OP AGG $

RETENTIONDED

CLAIMS- MADE
OCCUR
AGGREGATE $
EACH OCCURRENCE $ UMBRELLA LIAB

EXCESS LIAB
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES ( Attach ACORD 101, Additional Remarks Schedule, if more space is required) INSR

LTR TYPE OF INSURANCE POLICY NUMBER

POLICY EFF

MM/ DD/ YYYY)

POLICY EXP

MM/ DD/ YYYY) LIMITS
WC STATUTORY LIMITSOTHER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE
E.L. DISEASE - POLICY LIMIT

ANY PROPRIETOR/ PARTNER/ EXECUTIVE
If yes, describe under
DESCRIPTION OF OPERATIONS below
Mandatory in NH)
OFFICER/ MEMBER EXCLUDED?

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY Y / N

AUTOMOBILE LIABILITY

ANY AUTO

ALL OWNED SCHEDULED

HIRED AUTOS

NON- OWNED

AUTOS AUTOS
AUTOS

COMBINED SINGLE LIMIT
BODILY INJURY ( Per person)
BODILY INJURY ( Per accident)
PROPERTY DAMAGE $

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
WVD
SUBR
N / A
Ea accident)
Per accident)
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

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

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

The ACORD name and logo are registered marks of ACORD
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

INSURED
PHONE
A/C, No, Ext):

PRODUCER
ADDRESS:

E-MAIL
FAX
A/C, No):

CONTACT
NAME:

NAIC #
INSURER A :

INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

INSURER( S) AFFORDING COVERAGE

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
1, 000, 000
2M/ 4M
751717672
751717672
220 Bayshore Blvd.
220 Bayshore Blvd.

City of Cupertino
Cupertino City Hall
05/ 19/ 25
X
X
Professional
50, 000
25674
25674
15792
15792
10833
10833
1, 000, 000
25682
25682
4, 000, 000
RE: Master Agreement for Construction Management
1- 888- 845- 2248
1- 888- 845- 2248
XX
X
The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers Additional Insured per written contract:

General Liability Deductible:$ 5, 000 BI/ PD Deductible per Occurrence Workers' Comp Deductible: $ 0
05/ 19/ 25
Auto Deductible: Comp $ 1, 000, Coll $1, 000
05/ 19/ 24
USA
X
05/ 19/ 25
Tanko Street Lighting, Inc.

Tanko Street Lighting, Inc.

DBA: Tanko Lighting
DBA: Tanko Lighting
VIFX003004
UB- 5K373797- 24- 14- G
05/ 19/ 24
1, 000, 000
25X05/ 19/
X
maggi12
2 2
X
X
05/ 19/ 24
2, 000, 000
X
Suite 1190
Suite 1190
Cupertino, CA 95014
1901 S. Bascom Avenue
1901 S. Bascom Avenue
5, 000

TRAVELERS IND CO OF CT

TRAVELERS IND CO OF CT

GEMINI INS CO

GEMINI INS CO

UNDERWRITERS AT LLOYDS LONDON

UNDERWRITERS AT LLOYDS LONDON
2, 000, 000

TRAVELERS PROP CAS CO OF AMER

TRAVELERS PROP CAS CO OF AMER
1, 000, 000
D
05/ 19/ 24
BA- 0N492815- 24- 14- G 05/ 19/ 24
San Francisco, CA 94124 USA
San Francisco, CA 94124 USA
Y
C
A
A
X
VIGP027296
000B1, 000,
01/ 24/ 2025
01/ 24/ 2025
PSM0039964400
X
X
4, 000, 000
1, 000, 000
LIC # 0L72977
LIC # 0L72977
10300 Torre Avenue
Campbell, CA 95008 USA
Campbell, CA 95008 USA
05/ 19/ 25
Each/ Aggregate
McSherry & Hudson, An Alera Group Company
McSherry & Hudson, An Alera Group Company
X
73 CC 05-06-2025
73 of 554
SUPP ( 05/04)

SUPPLEMENT TO CERTIFICATE OF INSURANCE
DATE
NAME OF INSURED:

Additional Description of Operations/ Remarks from Page 1:

Additional Information:

Notice of Cancellation per attached form.

Automobile Liability:

Primary Wording per attached form.

Additional Insured per attached forms.

Waiver of Subrogation per attached form.

Notice of Cancellation per attached form.

Per Project Aggregate per attached form.

Workers Compensation:

Waiver of Subrogation per attached form.

General Liability:

Notice of Cancellation per attached form.

Includes:

Tanko Street Lighting, Inc.

DBA: Tanko Lighting
01/ 24/ 2025
Additional Insured and Waiver of Subrogation per attached form.

Primary Wording per attached form.
74 CC 05-06-2025
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VE 01 39 05 15 Includes copyrighted material of Insurance Services Office, Inc. with its permission

Policy Number: VIGP027296 VE 01 39 05 15
Insured Name: Tanko Streetlighting, Inc.

Number: 41 Effective Date: 12/18/2024
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

NOTICE OF CANCELLATION TO DESIGNATED ENTITIES
This endorsement modifies insurance provided under the following:

Commercial General Liability Coverage Part

SCHEDULE
Name of Person or Organization: City of Cupertino
Street Address: 10300 Torre Avenue
City: Cupertino
State: CA
Zip Code: 95014

TRANSACTION PREMIUM CHARGE
250.00
If we cancel this policy on or before the expiration date of the policy, we will mail or deliver to the person or organization shown in the schedule above, written notice of cancellation to the address included above at least 30 days before the effective date of cancellation.

Notice of cancellation will state the effective date of cancellation. The policy will end on that date.

If the notice is mailed, proof of mailing shall be sufficient proof of notice This endorsement shall not apply for the following reasons:
a. Cancellation for nonpayment of premium; or
b. Non-renewal of the policy for any reason.

All other terms and conditions of the policy shall apply and remain unchanged. 75 CC 05-06-2025
75 of 554
CG 24 04 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 Policy Number: VIGP027296 CG 24 04 12 19
Insured Name: Tanko Streetlighting, Inc.

Number: 42 Effective Date: 12/18/2024
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US (WAIVER OF SUBROGATION)
This endorsement modifies insurance provided under the following:

Commercial General Liability Coverage Part
Schedule
Name Of Person(s) Or Organization( s):

City of Cupertino
10300 Torre Avenue
Cupertino CA 95014
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

The following is added to Paragraph 8. Transfer
Of Rights Of Recovery Against Others To Us
of Section IV – Conditions:

We waive any right of recovery against the
person(s) or organization(s) shown in the
Schedule above because of payments we make
under this Coverage Part. Such waiver by us
applies only to the extent that the insured has
waived its right of recovery against such
person(s) or organization(s) prior to loss. This
endorsement applies only to the person(s) or
organization( s) shown in the Schedule above.

All other terms and conditions of this Policy remain unchanged. 76 CC 05-06-2025
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VE 09 73 04 20 Includes copyrighted material of Insurance Services Office, Inc. with its permission

Policy Number: VIGP027296 VE 09 73 04 20
Insured Name: Tanko Streetlighting, Inc.

Number: 33 Effective Date: 05/19/2024
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

PRIMARY AND NONCONTRIBUTORY –

OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:

Commercial General Liability Coverage Part
The following is added to the Other Insurance Condition and supersedes any provision to the contrary:

Primary And Noncontributory Insurance
This insurance is primary to and will not seek contribution from any other Commercial General Liability insurance available to an additional insured under your policy, but only if:
1) The additional insured is a Named Insured under such other Commercial General Liability insurance; and
2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other Commercial General Liability insurance available to the additional insured.

Coverage granted to an additional insured remains subject to all terms, conditions, limitations, and exclusions set forth in the endorsement form that conferred the additional insured status. In the event of conflict between this endorsement and an endorsement conferring additional insured status, then the endorsement conferring additional insured status shall govern the scope of coverage available to the additional insured.

All other terms and conditions of this Policy remain unchanged. 77 CC 05-06-2025
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POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 20 37 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CG 20 37 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS – COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s)
Or Organization( s) Location And Description Of Completed Operations 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" 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".

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and

2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.

B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable limits of
insurance;
whichever is less.

This endorsement shall not increase the
applicable limits of insurance.

Any person or organization for whom you are
performing “ commercial construction” during the
period of this policy and have agreed in a written
contract to add as an additional insured for
products- completed operations. “ Commercial
construction” does not include any habitational or
residential construction other than hotels or
apartments
VIGP027296
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POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 20 10 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CG 20 10 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 2 ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS – SCHEDULED PERSON OR

ORGANIZATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location(s) Of Covered Operations
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" or " personal and 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.

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and

2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.

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 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.

VIGP027296
Any person or organization for whom you are
performing operations when you and such person or
organization have agreed in writing in a contract or
agreement that such person or organization be
added as an additional insured on your policy
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C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable limits of
insurance;
whichever is less.

This endorsement shall not increase the
applicable limits of insurance.
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VE 04 87 12 13 Page 1 of 2
Policy Number: VE 04 87 12 13
Insured Name:

Number: Effective Date:

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

DESIGNATED LOCATION( S)

GENERAL AGGREGATE LIMIT - SUBJECT TO A

MAXIMUM AGGREGATE
This endorsement modifies insurance provided under the following:

SCHEDULE
Designated Location(s):

A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I – Coverage A, and for all medical expenses caused by accidents under Section I – Coverage C, which can be attributed only to operations at a single designated " location" shown in the Schedule above:

1. A separate Designated Location General Aggregate Limit applies to each designated " location", and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations.

2. The Designated Location General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, except damages because of " bodily injury" or " property damage" included in the " products- completed operations hazard", and for medical expenses under Coverage C regardless of the number of:
a. Insureds;
b. Claims made or "suits" brought; or
c. Persons or organizations making claims or bringing "suits".

3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Location General Aggregate Limit for that designated " location". Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Location General Aggregate Limit for any other designated "location" shown in the Schedule above.

4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Location General Aggregate Limit.

5. All payments under this endorsement are subject to the Maximum Aggregate Limit of:

VIGP027296
Tanko Street Lighting, Inc.

5.19.2024
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VE 04 87 12 13 Page 2 of 2
The Maximum Aggregate Limit is the most we will pay under this endorsement regardless of the number of Designated Location General Aggregate Limits. The Maximum Aggregate Limit is not available to pay for damages or expenses other than as set forth in the endorsement.

B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I – Coverage A, and for all medical expenses caused by accidents under Section I – Coverage C, which cannot be attributed only to operations at a single designated " location" shown in the Schedule above:

1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products- completed Operations Aggregate Limit, whichever is applicable; and

2. Such payments shall not reduce any Designated Location General Aggregate Limit.

C. When coverage for liability arising out of the "products- completed operations hazard" is provided, any payments for damages because of " bodily injury" or " property damage" included in the " productscompleted operations hazard" will reduce the Products- completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Location General Aggregate Limit.

D. For the purposes of this endorsement, the Definitions Section is amended by the addition of the following definition:

Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad.

E. The provisions of Section III – Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated.
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POLICY NUMBER: BA-0N492815- 24-14-G ISSUE DATE: 12-19-24 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

DESIGNATED PERSON OR ORGANIZATION - NOTICE OF

CANCELLATION OR NONRENEWAL PROVIDED BY US
This endorsement modifies insurance provided under the following :

ALL COVERAGE PARTS INCLUDED IN THIS POLICY

SCHEDULE
CANCELLATION: Number of Days Notice: ___ 3_o ___ _
WHEN WE DO NOT RENEW (Nonrenewal): Number of Days Notice: ___ 3_o ___ _

PERSON OR
ORGANIZATION: CITY OF CUPERTINO
ADDRESS: 10300 TORRE AVENUE
CUPERTINO CA 95014

PROVISIONS
A. If we cancel this policy for any legally permitted
reason other than nonpayment of premium, and a
number of days is shown for Cancellation in the
Schedule above, we will mail notice of
cancellation to the person or organization shown
in such Schedule . We will mail such notice to the
address shown in the Schedule above at least the
number of days shown for Cancellation in such
Schedule before the effective date of cancellation.

B. If we do not renew this policy for any legally
permitted reason other than nonpayment of
premium, and a number of days is shown for
When We Do Not Renew ( Nonrenewal) in the
Schedule above , we will mail notice of
nonrenewal to the person or organization shown
in such Schedule. We will mail such notice to the
address shown in the Schedule above at least the
number of days shown for When We Do Not
Renew ( Nonrenewal) in such Schedule before the
effective date of nonrenewal.

IL T4 00 OS 19 © 2019 The Travelers Indemnity Company. All rights reserved . Page 1 of 1 83 CC 05-06-2025
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Policy Number: BA-0N492815-24-14-G
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Policy Number: BA-0N492815-24-14-G
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Policy Number: BA-0N492815-24-14-G
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Policy Number: BA- 0N492815- 24- 14- G
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Policy Number: BA-0N492815- 24-14-G
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WORKERS COMPENSATION
AND

EMPLOYERS LIABILITY POLICY
ENDORSEMENT WC 99 06 R3 (00)
POLICY NUMBER:

NOTICE OF CANCELLATION

TO DESIGNATED PERSONS OR ORGANIZATIONS
The following is added to PART SIX CONDITIONS:

Notice Of Cancellation To Designated Persons Or Organizations If we cancel this policy for any reason other than non-payment of premium by you, we will provide notice of such cancellation to each person or organization designated in the Schedule below. We will mail or deliver such notice to each person or organization at its listed address at least the number of days shown for that person or organization before the cancellation is to take effect.

You are responsible for providing us with the information necessary to accurately complete the Schedule below.

If we cannot mail or deliver a notice of cancellation to a designated person or organization because the name or address of such designated person or organization provided to us is not accurate or complete, we have no responsibility to mail, deliver or otherwise notify such designated person or organization of the cancellation.

SCHEDULE
Name and Address of Designated Persons or Organizations:

DATE OF ISSUE: ST ASSIGN:
2013 The Travelers Indemnity Company. All rights reserved.

Number of
Days Notice
UB-5K373797- 24-14-G
City of Cupertino
10300 Torre Ave
Cupertino, CA 95014
30 01-24 - 25
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TRAVELERSJ ,

ONE TOWER SQUARE
HARTFORD CT 06183

WORKERS COMPENSATION
AND

EMPLOYERS LIABILITY POLICY
ENDORSEMENT WC 99 03 76 ( A)- 001
POLICY NUMBER: UB-SK373797- 24-14-G

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 2. oo % of the California workers' compensation premium.

Person or Organization

ANY PERSON OR ORGANIZATION FOR

WHICH THE INSURED HAS AGREED

BY WRITTEN CONTRACT EXECUTED

PRIOR TO LOSS TO FURNISH THIS
WAIVER.

Schedule
Job Description
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.)
Endorsement Effective
Insured
Insurance Company
DATE OF ISSUE: 06-04-24
Policy No. Endorsement No.

Premium
Countersigned by ___________ _
ST ASSIGN: Page 1 of 1
90 CC 05-06-2025
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1 SECOND AMENDMENT TO AGREEMENT 653

BETWEEN THE CITY OF CUPERTINO AND TANKO

LIGHTING FOR CONSTRUCTION MANAGEMENT

AND CONSULTING SERVICES FOR VARIOUS CIP

PROJECTS
This Second Amendment to Agreement 653 is by and between the City of Cupertino, a municipal corporation ( hereinafter " City") and Tanko Lighting, a Corporation (“ Contractor”) whose address is 220 Bayshore Blvd., San Francisco, CA 94124, and is made with reference to the following:

RECITALS:

A. The City and Contractor entered into an Agreement for Construction Management and Consulting Services for Various CIP Projects, effective January 10, 2023 (“ Original Agreement”) with a term expiring on June 30, 2024.

B. The City and the Consultant entered into a First Amended Agreement for Construction Management and Consulting Services for Various CIP Projects (“ First Amendment”) effective April 22, 2024, with a term expiring on June 30, 2026; and C. The Original Agreement and First Amendment are collectively referred to as the Agreement” unless otherwise indicated.

D. 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 2.1 of the Agreement is modified to read as follows: Scope of Services. Consultant agrees to provide the Services “ as needed” and as set forth in the Scope of Services, attached and incorporated here as Exhibit A. The Services must comply with this Agreement and with each Service Order issued under the authority of the City Director of Public Works or his designee, in accordance with the following procedures. Consultant further agrees to carry out its work in compliance with any applicable local, State, or Federal order regarding COVID- 19.

Exhibit A of the Agreement is modified as follows: additional Scope of Services, attached here and incorporated as Exhibit A-1.

2. Paragraph 4.1 of the Agreement is modified to read as follows: Maximum Compensation. City will pay Consultant for satisfactory performance of the Services a total amount that will based upon actual costs but that will be capped so as not to exceed $ 179,258 (“ Contract Price”), based on the budget and rates set forth 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.

Exhibit C of the Agreement is modified as follows: additional Compensation, attached here and incorporated as Exhibit C-1.
91 CC 05-06-2025
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2 3. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect.

IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed.

CITY OF CUPERTINO
By
Title
Date

APPROVED AS TO FORM
City Attorney
ATTEST:

City Clerk
Date

TANKO LIGHTING
By
Title
Date

EXPENDITURE DISTRIBUTION
Item PO Number Amount
Amendment 1 Extend Term to 6/30/2026 Original NTE 175,000 Amendment 2 Increase funding 4,258.00
NTE TOTAL - 179,258.00 179,258
SO 1 Updated Streetlight Transition
Assessment 2023- 328 - 9,190.00
SO 2 LED Streetlight Transition 2024- 179 - 164,187.00
MASTER AGREEMENT BALANCE - 5,881.00 179,258
Chief Executive Officer
Sep 4, 2024
Christopher D. Jensen
Director of Public Works
Sep 6, 2024
Sep 6, 2024
92 CC 05-06-2025
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www.tankolighting. com
220 Bayshore Blvd | San Francisco, CA 94124 | P 415.254.7579 | F 415.822.3626 August 28, 2024
Jo Anne Johnson
Public Works Project Manager
Department of Public Works
City of Cupertino, CA
[email protected]
RE: Proposed Additional Scope and Budget – Agreement 653, Service Order No. 2 Dear Ms. Johnson,
Per your request, please findbelow Tanko Lighting’s proposed additional scope and budget for Agreement 653, Service Order No. 2.

Proposed Scope of Work
Task 1.06a: Updated Bid Documents
As the City is no longer interested in separating the material and installation bids for this project, Tanko Lighting will combine the draft technical specifications and bid schedules (that are currently separated) into one draft technical specification and bid schedule, such that both installation and materials are combined into one bid.

Additionally, Tanko Lighting will define howany proposed substitute fixtureswill besubmitted and evaluated and will develop a substitution request form that lists items tobesubmitted for evaluation (e.g. product cut sheets, photometric analysis, sample fixtures for field testing, etc.).

Deliverables:

Updated Bid Documents: Draft updated technical specifications and bid schedule representing a combined installation/ materials bid, as well as submission and evaluation processes for substitute fixture requests.

Substitution Request Form: Draft document that formally requests a material substitution and lists required submittals.

Proposed Pricing
Task 1.06a: Updated Bid Documents
Position Hourly Rate Estimated Hours Extended Price
Principal $ 250 5 $ 1,250
Project Manager $ 188 16 $ 3,008
Project Associate $ 156 - -
Total Not to Exceed Price: $ 4,258
Please let us know if you have any questions.

Regards,
Jason Tanko
Chief Executive Officer
EXHIBITS A-1, C-1
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CERTIFICATE HOLDER
1988- 2010 ACORD CORPORATION. All rights reserved.

ACORD 25 (2010/ 05)

AUTHORIZED REPRESENTATIVE

CANCELLATION

DATE ( MM/ DD/YYYY)

CERTIFICATE OF LIABILITY INSURANCE

LOCJECT
PROPOLICY
GEN' L AGGREGATE LIMIT APPLIES PER:

OCCURCLAIMS- MADE

COMMERCIAL GENERAL LIABILITY

GENERAL LIABILITY
PREMISES ( Ea occurrence)$

DAMAGE TO RENTED
EACH OCCURRENCE $
MED EXP ( Any one person) $
PERSONAL & ADV INJURY $
GENERAL AGGREGATE $
PRODUCTS - COMP/ OP AGG $

RETENTIONDED

CLAIMS- MADE
OCCUR
AGGREGATE $
EACH OCCURRENCE $ UMBRELLA LIAB

EXCESS LIAB
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES ( Attach ACORD 101, Additional Remarks Schedule, if more space is required) INSR

LTR TYPE OF INSURANCE POLICY NUMBER

POLICY EFF

MM/ DD/ YYYY)

POLICY EXP

MM/ DD/ YYYY) LIMITS
WC STATUTORY LIMITSOTHER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE
E.L. DISEASE - POLICY LIMIT

ANY PROPRIETOR/ PARTNER/ EXECUTIVE
If yes, describe under
DESCRIPTION OF OPERATIONS below
Mandatory in NH)
OFFICER/ MEMBER EXCLUDED?

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY Y / N

AUTOMOBILE LIABILITY

ANY AUTO

ALL OWNED SCHEDULED

HIRED AUTOS

NON- OWNED

AUTOS AUTOS
AUTOS

COMBINED SINGLE LIMIT
BODILY INJURY ( Per person)
BODILY INJURY ( Per accident)
PROPERTY DAMAGE $

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
WVD
SUBR
N / A
Ea accident)
Per accident)
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

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

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

The ACORD name and logo are registered marks of ACORD
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

INSURED
PHONE
A/C, No, Ext):

PRODUCER
ADDRESS:

E-MAIL
FAX
A/C, No):

CONTACT
NAME:

NAIC #
INSURER A :

INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

INSURER( S) AFFORDING COVERAGE

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
1, 000, 000
2, 000, 000
750983915
750983915
220 Bayshore Blvd.
220 Bayshore Blvd.

City of Cupertino
Cupertino City Hall
05/ 19/ 25
X
X
Professional
50, 000
25674
25674
15792
15792
10833
10833
1, 000, 000
25682
25682
4, 000, 000
RE: Master Agreement for Construction Management
X
1- 888- 845- 2248
1- 888- 845- 2248
X
The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers Additional Insured per written contract:
05/ 19/ 25
05/ 19/ 24
USA
X
05/ 19/ 25
Tanko Street Lighting, Inc.

Tanko Street Lighting, Inc.

DBA: Tanko Lighting
DBA: Tanko Lighting
VIFX003004
UB- 5K373797- 24- 14- G
05/ 19/ 24
X
1, 000, 000
25X05/ 19/
X
maggi12
1 1
X
X
05/ 19/ 24
2, 000, 000
X
Suite 1190
Suite 1190
Cupertino, CA 95014
1901 S. Bascom Avenue
1901 S. Bascom Avenue
5, 000

TRAVELERS IND CO OF CT

TRAVELERS IND CO OF CT

GEMINI INS CO

GEMINI INS CO

UNDERWRITERS AT LLOYDS LONDON

UNDERWRITERS AT LLOYDS LONDON
2, 000, 000

TRAVELERS PROP CAS CO OF AMER

TRAVELERS PROP CAS CO OF AMER
1, 000, 000
D
05/ 19/ 24
BA- 0N492815- 24- 14- G 05/ 19/ 24
San Francisco, CA 94124 USA
San Francisco, CA 94124 USA
Y
C
A
408- 550- 2130
408- 550- 2130
A
X
VIGP027296
000B1, 000,
06/ 05/ 2024
06/ 05/ 2024
PSM0039964400
X
X
4, 000, 000
1, 000, 000
LIC # 0L72977
LIC # 0L72977
10300 Torre Avenue
Campbell, CA 95008 USA
Campbell, CA 95008 USA
05/ 19/ 25
Each/ Aggregate
McSherry & Hudson, An Alera Group Company
McSherry & Hudson, An Alera Group Company
X
94 CC 05-06-2025
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SUPP ( 05/04)

SUPPLEMENT TO CERTIFICATE OF INSURANCE
DATE
NAME OF INSURED:

Additional Description of Operations/ Remarks from Page 1:

Additional Information:

Automobile Liability:

Additional Insured and Waiver of Subrogation per attached form.

Primary Wording per attached form.

Additional Insured per attached forms.

Waiver of Subrogation per attached form.

Per Project Aggregate per attached form.

General Liability:

Workers Compensation:

Includes:

Waiver of Subrogation per attached form.

Tanko Street Lighting, Inc.

DBA: Tanko Lighting
06/ 05/ 2024
Primary Wording per attached form.
95 CC 05-06-2025
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POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 20 37 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CG 20 37 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS – COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s)
Or Organization( s) Location And Description Of Completed Operations 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" 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".

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and

2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.

B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable limits of
insurance;
whichever is less.

This endorsement shall not increase the
applicable limits of insurance.

Any person or organization for whom you are
performing “ commercial construction” during the
period of this policy and have agreed in a written
contract to add as an additional insured for
products- completed operations. “ Commercial
construction” does not include any habitational or
residential construction other than hotels or
apartments
VIGP027296
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POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 20 10 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CG 20 10 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 2 ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS – SCHEDULED PERSON OR

ORGANIZATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location(s) Of Covered Operations
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" or " personal and 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.

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and

2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.

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 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.

VIGP027296
Any person or organization for whom you are
performing operations when you and such person or
organization have agreed in writing in a contract or
agreement that such person or organization be
added as an additional insured on your policy
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C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable limits of
insurance;
whichever is less.

This endorsement shall not increase the
applicable limits of insurance.
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VE 09 73 04 20 Includes copyrighted material of Insurance Services Office, Inc. with its permission

Policy Number: VIGP027296 VE 09 73 04 20
Insured Name: Tanko Streetlighting, Inc.

Number: 33 Effective Date: 05/19/2024
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

PRIMARY AND NONCONTRIBUTORY –

OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:

Commercial General Liability Coverage Part
The following is added to the Other Insurance Condition and supersedes any provision to the contrary:

Primary And Noncontributory Insurance
This insurance is primary to and will not seek contribution from any other Commercial General Liability insurance available to an additional insured under your policy, but only if:
1) The additional insured is a Named Insured under such other Commercial General Liability insurance; and
2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other Commercial General Liability insurance available to the additional insured.

Coverage granted to an additional insured remains subject to all terms, conditions, limitations, and exclusions set forth in the endorsement form that conferred the additional insured status. In the event of conflict between this endorsement and an endorsement conferring additional insured status, then the endorsement conferring additional insured status shall govern the scope of coverage available to the additional insured.

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VE 04 87 12 13 Page 1 of 2
Policy Number: VE 04 87 12 13
Insured Name:

Number: Effective Date:

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

DESIGNATED LOCATION( S)

GENERAL AGGREGATE LIMIT - SUBJECT TO A

MAXIMUM AGGREGATE
This endorsement modifies insurance provided under the following:

SCHEDULE
Designated Location(s):

A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I – Coverage A, and for all medical expenses caused by accidents under Section I – Coverage C, which can be attributed only to operations at a single designated " location" shown in the Schedule above:

1. A separate Designated Location General Aggregate Limit applies to each designated " location", and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations.

2. The Designated Location General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, except damages because of " bodily injury" or " property damage" included in the " products- completed operations hazard", and for medical expenses under Coverage C regardless of the number of:
a. Insureds;
b. Claims made or "suits" brought; or
c. Persons or organizations making claims or bringing "suits".

3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Location General Aggregate Limit for that designated " location". Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Location General Aggregate Limit for any other designated "location" shown in the Schedule above.

4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Location General Aggregate Limit.

5. All payments under this endorsement are subject to the Maximum Aggregate Limit of:

VIGP027296
Tanko Street Lighting, Inc.

5.19.2024
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VE 04 87 12 13 Page 2 of 2
The Maximum Aggregate Limit is the most we will pay under this endorsement regardless of the number of Designated Location General Aggregate Limits. The Maximum Aggregate Limit is not available to pay for damages or expenses other than as set forth in the endorsement.

B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I – Coverage A, and for all medical expenses caused by accidents under Section I – Coverage C, which cannot be attributed only to operations at a single designated " location" shown in the Schedule above:

1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products- completed Operations Aggregate Limit, whichever is applicable; and

2. Such payments shall not reduce any Designated Location General Aggregate Limit.

C. When coverage for liability arising out of the "products- completed operations hazard" is provided, any payments for damages because of " bodily injury" or " property damage" included in the " productscompleted operations hazard" will reduce the Products- completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Location General Aggregate Limit.

D. For the purposes of this endorsement, the Definitions Section is amended by the addition of the following definition:

Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad.

E. The provisions of Section III – Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated.
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1 FIRST AMENDMENT TO AGREEMENT 653 BETWEEN

THE CITY OF CUPERTINO AND TANKO LIGHTING

FOR CONSTRUCTION MANAGEMENT AND

CONSULTING SERVICES FOR VARIOUS CIP

PROJECTS
This First Amendment to Agreement 653 is by and between the City of Cupertino, a municipal corporation ( hereinafter " City") and Tanko Lighting, a Corporation (“ Contractor”) whose address is 220 Bayshore Blvd, San Francisco, CA 94124, and is made with reference to the following:

RECITALS:

A. On January 10, 2023 Agreement 653 (“Agreement”) was entered into by and between City and Contractor for Construction Management and Consulting Services for Various CIP Projects.

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

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

1. Paragraph 3.1 of the Agreement is modified to read as follows: Term This Agreement begins on the Effective Date and ends on June 30, 2026

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

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

CITY OF CUPERTINO
By
Title
Date

APPROVED AS TO FORM
City Attorney
ATTEST:

City Clerk
Date

TANKO LIGHTING
By
Title
Date

EXPENDITURE DISTRIBUTION
Item PO Number Amount
SO #1 Updated Streetlight Transition Assessment 2023-328 9,190.00 9,190.00
Chief Executive Officer
Apr 22, 2024
Christopher D. Jensen
Assistant Director of Public Works
Apr 22, 2024
Apr 22, 2024
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CERTIFICATE HOLDER
1988- 2010 ACORD CORPORATION. All rights reserved.

ACORD 25 (2010/ 05)

AUTHORIZED REPRESENTATIVE

CANCELLATION

DATE ( MM/ DD/YYYY)

CERTIFICATE OF LIABILITY INSURANCE

LOCJECT
PROPOLICY
GEN' L AGGREGATE LIMIT APPLIES PER:

OCCURCLAIMS- MADE

COMMERCIAL GENERAL LIABILITY

GENERAL LIABILITY
PREMISES ( Ea occurrence)$

DAMAGE TO RENTED
EACH OCCURRENCE $
MED EXP ( Any one person) $
PERSONAL & ADV INJURY $
GENERAL AGGREGATE $
PRODUCTS - COMP/ OP AGG $

RETENTIONDED

CLAIMS- MADE
OCCUR
AGGREGATE $
EACH OCCURRENCE $ UMBRELLA LIAB

EXCESS LIAB
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES ( Attach ACORD 101, Additional Remarks Schedule, if more space is required) INSR

LTR TYPE OF INSURANCE POLICY NUMBER

POLICY EFF

MM/ DD/ YYYY)

POLICY EXP

MM/ DD/ YYYY) LIMITS
WC STATUTORY LIMITSOTHER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE
E.L. DISEASE - POLICY LIMIT

ANY PROPRIETOR/ PARTNER/ EXECUTIVE
If yes, describe under
DESCRIPTION OF OPERATIONS below
Mandatory in NH)
OFFICER/ MEMBER EXCLUDED?

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY Y / N

AUTOMOBILE LIABILITY

ANY AUTO

ALL OWNED SCHEDULED

HIRED AUTOS

NON- OWNED

AUTOS AUTOS
AUTOS

COMBINED SINGLE LIMIT
BODILY INJURY ( Per person)
BODILY INJURY ( Per accident)
PROPERTY DAMAGE $

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
WVD
SUBR
N / A
Ea accident)
Per accident)
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

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

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

The ACORD name and logo are registered marks of ACORD
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

INSURED
PHONE
A/C, No, Ext):

PRODUCER
ADDRESS:

E-MAIL
FAX
A/C, No):

CONTACT
NAME:

NAIC #
INSURER A :

INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

INSURER( S) AFFORDING COVERAGE

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
1, 000, 000
X
15792
15792
25674
25674
A
17221
17221
yeseniasj
Y
05/ 19/ 23
1- 888- 845- 2248
1- 888- 845- 2248
X
2, 000, 000
Each/ Aggregate
1 1
B
X
05/ 22/ 2023
05/ 22/ 2023
X
408- 550- 2119
408- 550- 2119
A 05/ 19/ 23
LIC # 0L72977
LIC # 0L72977
05/ 19/ 23
1, 000, 000
San Francisco, CA 94124
San Francisco, CA 94124
UB- 5K373797- 23- 14- G
2, 000, 000
McSherry & Hudson, An Alera Group Company
McSherry & Hudson, An Alera Group Company
X 05/ 19/ 24
05/ 19/ 23
X
The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers Additional Insured per written contract:

RE: Master Agreement for Construction Management
X
C
1, 000, 000
X
1, 000, 000
BA- 0N492815- 23- 14- CAG
68800258
68800258
X
X
1, 000, 000
X
05/ 19/ 24
USA

UNDERWRITERS AT LLOYDS LONDON

UNDERWRITERS AT LLOYDS LONDON

TRAVELERS PROP CAS CO OF AMER

TRAVELERS PROP CAS CO OF AMER

HOMESITE INS CO

HOMESITE INS CO
AE233391
1, 000, 000
05/ 19/ 24
05/ 19/ 23
B
5, 000
X
DBA: Tanko Lighting
DBA: Tanko Lighting
Tanko Street Lighting, Inc.

Tanko Street Lighting, Inc.

Cupertino, CA 95014
Cupertino City Hall
100, 000
City of Cupertino
Suite 1190
Suite 1190
X 05/ 19/ 24
1901 S. Bascom Avenue
1901 S. Bascom Avenue
CXS- 137943905- 02
2, 000, 000
4, 000, 000
Professional
4, 000, 000
X
Campbell, CA 95008
Campbell, CA 95008
CPP- 019692- 00
220 Bayshore Blvd.
220 Bayshore Blvd.
408- 550- 2130
408- 550- 2130
05/ 19/ 24
10300 Torre Avenue
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SUPP ( 05/04)

SUPPLEMENT TO CERTIFICATE OF INSURANCE
DATE
NAME OF INSURED:

Additional Description of Operations/ Remarks from Page 1:

Additional Information:

Waiver of Subrogation per attached form WC990376A001.

Workers Compensation:

Primary Wording per attached form CA00011013.
05/ 22/ 2023
DBA: Tanko Lighting
Tanko Street Lighting, Inc.

Additional Insured and Waiver of Subrogation per attached form CAT3530215.

Automobile Liability:

Waiver of Subrogation per attached form CG2404 1219
Per Project Aggregate per attached from CGL 3201 CW 0321 Primary Wording per attached form CG2001 1219
Additional Insured per attached form CG2037 0413 and CG2010 0413.

General Liability:

Includes:
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COMMERCIAL GENERAL LIABILITY
CG 20 37 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

POLICY NUMBER: CPP-019692- 00
CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS – COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/ COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person( s)
Or Organization( s) Location And Description Of Completed Operations Any person or organization for whom you are
performing “ commercial construction” during the
period of this policy and have agreed in a written
contract to add as an additional insured for
products- completed operations. “ Commercial
construction” does not include any habitational or
residential construction other than hotels or
apartments.

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" 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".

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted
by law; and

2. If coverage provided to the additional insured
is required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.

B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.

This endorsement shall not increase the applicable
Limits of Insurance shown in the Declarations.
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COMMERCIAL GENERAL LIABILITY
CG 20 10 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

POLICY NUMBER: CPP-019692- 00
CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS – SCHEDULED PERSON OR

ORGANIZATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person( s)
Or Organization( s) Location( s) Of Covered Operations
Any person or organization for whom you are
performing operations when you and such person or
organization have agreed in writing in a contract or
agreement that such person or organization be
added as an additional insured on your policy
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" or " personal and 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.

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and

2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.

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 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.
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C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.

This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.
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CGL 32 01 CW 09 21 Page 1 of 1
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

AGGREGATE LIMIT APPLIES PER PROJECT, SUBJECT TO POLICY AGGREGATE This endorsement modifies insurance provided under the:

Commercial General Liability Coverage Part
The General Aggregate Limit under SECTION III – LIMITS OF INSURANCE, and as set forth on the Declarations, shall apply separately to each of your projects away from premises owned by or rented to you.

Notwithstanding the application of the General Aggregate Limit to each of your projects, the most will we pay for all claims, suits” and “ occurrences” for which coverage is provided under this policy is the following:

Policy Aggregate Limit
5,000,000 for all Claims, Suits, and Occurrences
If this endorsement is issued after the Policy has been issued, it is deemed to have been added to the list of forms and endorsements on the Declarations or any Schedule attached to this Policy.

All other terms and conditions of this Policy remain unchanged.

POLICY NUMBER: CPP- 019692- 00
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COMMERCIAL GENERAL LIABILITY
CG 20 01 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CG 20 01 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 PRIMARY AND NONCONTRIBUTORY –

OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

LIQUOR LIABILITY COVERAGE PART

PRODUCTS/ COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to the Other Insurance
Condition and supersedes any provision to the
contrary:

Primary And Noncontributory Insurance
This insurance is primary to and will not seek
contribution from any other insurance available to
an additional insured under your policy provided
that:
1) The additional insured is a Named Insured
under such other insurance; and
2) You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution
from any other insurance available to the
additional insured.
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COMMERCIAL GENERAL LIABILITY
CG 24 04 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

POLICY NUMBER: CPP-019692- 00
CG 24 04 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US (WAIVER OF SUBROGATION)
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

ELECTRONIC DATA LIABILITY COVERAGE PART

LIQUOR LIABILITY COVERAGE PART

POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES

POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES

PRODUCTS/ COMPLETED OPERATIONS LIABILITY COVERAGE PART

RAILROAD PROTECTIVE LIABILITY COVERAGE PART

UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS

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

Any person or organization when you and such person or organization have agreed in writing in a contract or agreement that you will waive any right of recovery against such person or organization.

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

The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV – Conditions:

We waive any right of recovery against the person( s)
or organization( s) shown in the Schedule above
because of payments we make under this Coverage
Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against
such person( s) or organization( s) prior to loss. This endorsement applies only to the person( s) or
organization( s) shown in the Schedule above.
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Construction Management and Consulting Services for Various CIP Projects 1 of 11
Design Professional Agr ( Master) / October 2021

DESIGN PROFESSIONAL SERVICES AGREEMENT (MASTER)

WITH TANKO LIGHTING

1. PARTIES
This Master Agreement is made by and between the City of Cupertino, a municipal corporation City”), and Tanko Lighting (“Consultant”), a Corporation for Construction Management and Consulting Services for Various CIP Projects (“ Project”), and is effective on the last date signed below Effective Date”).

2. SERVICES

2.1 Scope of Services. Consultant agrees to provide the Services “ as needed” and as set forth in the Scope of Services, attached and incorporated here as Exhibit A. The Services must comply with this Agreement and with each Service Order issued under the authority of the City Director of Public Works or his designee, in accordance with the following procedures. Consultant further agrees to carry out its work in compliance with any applicable local, State, or Federal order regarding COVID -19.

2.2 Service Orders. Before issuing a Service Order the City Director of Public Works/Designee will request Services in writing and hold a meeting with Consultant to discuss it. Consultant will submit a written proposal that includes a specific Scope of Services, Schedule of Performance, and Compensation, which the Parties will discuss. Thereafter City Director of Public Works/ Designee will execute a Service Order using the Service Order Form attached and incorporated here as Exhibit B. Each Service Order will specify its scope of services, deliverables, schedule of performance, compensation, and any other applicable terms. Issuance of a Purchase Order is discretionary and the Director of Public Works/ Designee may streamline these procedures, e.g., conferring by telephone instead of a meeting, if it is in the City’s best interests. Consultant will not be compensated for Services performed without a duly executed Service Order.

3. TIME OF PERFORMANCE

3.1 Term. This Agreement begins on the Effective Date and ends on June 30, 2024 (“ Contract Time”), unless terminated earlier as provided herein. The City’ s Director of Public Works 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 each Service Order, and under no circumstances should the Services go beyond the Contract Time. 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 work on each separate task upon receiving City’s Notice to Proceed (“ NTP”), and must complete each task within the time specified in each Service Order. 125
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3.3 Time is of the essence for the performance of all the Services required in this Agreement and in each Service Order. Consultant must have sufficient time, resources and qualified staff to deliver the Services on time. Consultant must respond promptly to the City’s Service Orders and any change orders that may be issued

4. COMPENSATION

4.1 Maximum Compensation. City will pay Consultant for satisfactory performance of the Services a total amount that will based upon actual costs but that will be capped so as not to exceed 175, 000.00 (“ Contract Price”), based on the budget and rates set forth 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 Invoices and Payments. City will pay Consultant for Services satisfactorily provided under a Service Order, within thirty ( 30) days following receipt of a properly submitted invoice for Services provided during the preceding calendar month. Unless otherwise provided by a Service Order, each invoice must include for each day of Services:
a. The name of each individual providing Services;
b. A succinct summary of the Services performed by each such individual; c. The time spent by each individual providing those Services; d. The applicable hourly billing rate and payment due; and e. A detailed breakdown of all allowable expenses.

All hourly rates and allowable expenses must conform to City-approved rates set forth in Exhibit C.

4.3 Final Payment. At least thirty (30) days prior to end of the Agreement, Consultant must submit a requisition for final and complete payment of costs and any pending claims for City approval.

Noncompliance with this requirement relieves City of further payments/obligations under the Agreement.

5. INDEPENDENT CONSULTANT

5.1 Status. Consultant is an independent Consultant and not an employee, partner, or joint venture of City. Consultant is solely responsible for the means and methods of performing the Services and for the persons hired to work under this Agreement. No civil service status or other right of employment will be acquired by virtue of Consultant’ s performance of the Services. Consultant is not entitled to health, workers’ compensation, or other benefits from City.

5.2 Consultant Qualifications. Consultant warrants on behalf of itself and its Subconsultants 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 industry practices for similar services performed in the San Francisco Bay Area.
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5.3 Permits and Licenses. Consultant warrants on behalf of itself and its Subconsultants that they are properly licensed, registered, and/or certified to perform the Services as required by law and that they have procured a City Business License, if required by the Cupertino Municipal Code.

5.4 Subconsultants. Unless prior written approval from City is obtained, only Consultant’ s employees and Subconsultants whose names are included in this Agreement and incorporated Exhibits may provide Services under this Agreement. Consultant must require all Subconsultants 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 Subconsultants relative to the portion of their work.

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

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 remit to City any payments due by the City as a result of such determination, so that the City’ s total expenses under this Agreement are not greater than they would have been had the determination not been made.

5.7 Errors and Omissions. Consultant is solely responsible for its errors and omissions and those of its Subconsultants, 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. 127
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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 or its Subconsultants 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 Consultant in connection with this Agreement will be the exclusive property of the City upon completion of the work to be performed hereunder or upon termination of this Agreement, to the extent requested by City. In any case, no Work Product shall be shown to any third- party without prior written approval of City.

7.2 Copyright. To the extent permitted by Title 17 of the U.S. Code, all Work Product prepared/created by Consultant and its Subconsultants 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 Subconsultants 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 Subconsultants to execute or implement any of the following, but Consultant shall not be responsible or liable for City’s re-use of WorkProduct:
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 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 4 (four) years from the date of City’s final payment.

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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. 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 natureof 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 in connection with the Project and Services during the Contract Time and for one ( 1) year thereafter will reference City contributions in making the Project possible.

The words “ City of Cupertino” shall 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 City.

11. INDEMNIFICATION

11.1 To the fullest extent allowed by law and except for losses caused by the sole or active 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 129
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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 11.1(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.

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. 130
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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 of this 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 it has 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 local, state, and federal 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 orregulation.

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 Government Code Sections 12900 and 11135, and Labor Code Sections 1735, 1777 and 3077. 5.

Consistent with City policy prohibiting harassment and discrimination, Consultant understands that harassment and discrimination directed 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 nopublic 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 131
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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 agrees to abide by City policies and administrative rules prohibiting gifts to City 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 Susan Michael, 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 approval, the Consultant’ s Project Manager for all purposes under this Agreement will be Jason Tanko, 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.

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.
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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. 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 files a complaint or cross- complaint, or pursues arbitration, appeal, or other proceeding 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 attorney fee provision does not apply to legal actions initiated by Consultant or Subconsultant. This Section 18 survives termination of this Agreement.

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

20. WAIVER
Neither acceptance of the Services nor payment thereof shall constitute a waiver of any contract provision. City’ s waiver of any breach shall not be deemed to constitute waiver of another term, provision, covenant or condition, or a subsequent breach, whether of the same or a different character.

21. ENTIRE AGREEMENT
This Agreement represents the full and complete understanding of every kind or nature between the Parties, and supersedes any other agreements and understandings, 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. Ifthere 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.

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. 133
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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 bysuch ruling. All other terms and provisions ofthisAgreement ortheir 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 inwritingtothe persons below, whichwill be considered effective on the date of personal delivery or the date confirmed bya 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: SusanM@cupertino. org
To Consultant:

Tanko Lighting
220 Bayshore Blvd.

San Francisco, CA 94124
Attention: Jason Tanko
Email: jason@tankolighting. com

27. EXECUTION
The person executing this Agreement on behalf of Consultant represents and warrants that Consultant has fullright, power, and authority to enter into and carryout all actions contemplated by this Agreement 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.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW]
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IN WITNESS WHEREOF, the parties have caused the Agreement to be executed.

CITY OF CUPERTINO TANKO LIGHTING
A Municipal Corporation
By
Name
Title
Date
By
Name
Title
Date
APPROVED AS TO FORM:

CHRISTOPHER D. JENSEN
Cupertino City Attorney
ATTEST:

KIRSTEN SQUARCIA
City Clerk
Date
Jason Tanko
Jason Tanko
Chief Executive Officer
Jan 3, 2023
Christopher D. Jensen
Matt Morley
Director of Public Works
Jan 3, 2023
Jan 10, 2023
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Tanko Streetlighting, Inc. Exhibit A Scope of Services
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EXHIBIT A

SCOPE OF SERVICES
Tanko Streetlighting, Inc. CONSULTANT) shall provide certain Construction Management and Consulting Services as required and requested by City of Cupertino CITY).

CONSULTANT shall provide services under this AGREEMENT on an as needed” basis and only 1) upon written request from CITY’ S Director of Public Works or authorized Agent, and 2) as defined in a fully executed Service Order.

SECTION 1. GENERAL PROVISIONS
A. CONSULTANT shall perform all services to the satisfaction of CITY’S Public Works Director or authorized Agent.

B. CONSULTANT shall perform services under this AGREEMENT only by authorization of a fully executed Service Order, which shall clearly provide the nature of the specific services, the time limit within which such services must be completed, and the compensation for such services. CITY shall incorporate each authorized and fully executed Service Order into the terms and conditions of this AGREEMENT.

C. CONSULTANT shall begin work only after receipt of a fully authorized and executed Service Order and shall execute the Project work as detailed in the Service Order.

Unauthorized services performed by CONSULTANT shall be at no cost to CITY.

D. CITY shall designate a Project Manager for each fully executed Service Order under this AGREEMENT. CONSULTANT shall coordinate the Service Order performance with CITY’S designated Project Manager.

E. CONSULTANT shall be responsible for the coordination with CITY and federal, state, and local agencies that are necessary for all services authorized under this AGREEMENT.
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SECTION 2. BASIC SERVICES
As authorized by a fully executed Service Order, CONSULTANT shall provide Construction Management and Consulting services for various CITY streetlight related projects in accordance with the following:

A. General Performance Requirements
For each assigned Project:

1. CONSULTANT shall designate a Project Manager and provide to CITY the names of their team members for the Project. The team members shall be satisfactory to CITY. CONSULTANT shall not substitute any team members without the prior approval of CITY. CITY retains the right to reject team members assigned by CONSULTANT or require replacement of team members.

2. CONSULTANT shall effectively manage its SUBCONSULTANTS, and administer the Project for the efficient, progressive, and proactive delivery of the Project.

3. CONSULTANT shall be responsible for coordinating the work of all subconsultants and contractors, as needed or as directed by the City.

4. CONSULTANT shall consult and coordinate with the CITY, research applicable information, and communicate with members of the Project team.

5. CONSULTANT shall schedule meetings and prepare meeting agendas and minutes for all Project meetings during the term of this AGREEMENT under the scope of work. All minutes of meetings are due to the CITY within five 5) working days after the meeting in a digital format and shall also be provided to other appropriate agencies and entities, as directed by CITY.

6. During the course of work of an assigned Project, CONSULTANT shall meet weekly with CITY’S assigned Project Manager for the respective construction projects to provide an update on the current status of the Project and provide a brief written summary report.

B. Specific Performance Requirements
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Tanko Streetlighting, Inc. Exhibit A Scope of Services
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For each assigned Project, CONSULTANT may provide any or all of the following tasks and subtasks, as is required for the specific Project:

Task 1.0: Pre Construction Phase work may include but is not limited to the following:

1.01 Comprehensive GIS Audit of Existing Streetlights: CONSULTANT shall perform an in field Geographic Information Services GIS) audit of the existing streetlights throughout the CITY. CONSULTANT shall:

Work with CITY staff to define audit scope, including priority areas, municipal boundaries, and any areas outside of the right of way that should be included.

Develop and provide to CITY staff a list of the attributes that will be collected at each light during the audit.

Obtain available CITY and utility records for streetlights from CITY staff and review to determine which should be utilized for the data reconciliation phase.

Develop audit maps, scheduling, and dispatch auditors to the field.

Audit and collect data on all of the existing inventory and identify attributes on site, including but not limited to):
o Global Positioning Service GPS) coordinates latitude, longitude) of each fixture location and date of capture
o Fixture type
o Lamp type and wattage
o Pole material, mounting height, and arm length
o Pole ID number
o Street width and configuration e.g., intersection, crosswalk, cul de sac) o Electrical feed overhead, underground)
Visible issues e.g., pole leaning, fixture damage, tree obstruction).

Compile audit data weekly and provide a Weekly Audit Report to enable the CITY to identify and address any immediate safety concerns, as well as other issues such as tree trimming that may require attention prior to future maintenance or LED conversion.

1.02 Data Reconciliation: CONSULTANT shall reconcile each asset located in the field with each record in the utility’s billing inventory to ensure that all eligible assets have been identified.

CONSULTANT shall identify any discrepancies via a Data Reconciliation Report, which will include the following:
o Analysis of locations confirmed during the audit
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o Analysis of locations appearing in the utility records but not in the confirmed audit records
o Analysis of locations confirmed in the audit records but not in the utility records As needed, CONSULTANT shall revisit specific locations to collect additional audit points note this may involve additional costs for the CITY, for which CONSULTANT can provide estimates once the Audit Punch List is developed).

CONSULTANT shall inform the CITY beforehand if there is a need for an Audit Punch List as well as potential remedies.

1.03 Design: CONSULTANT shall conduct a constructability review of construction documents for the various projects. The review will include an evaluation of the brand of fixture, photocell, replacement wattages, color temperatures, distribution patterns and other appropriate settings and options to optimize the LED streetlight retrofit.

CONSULTANT’ s approach to the constructability review may include:

Providing typical manufacturer provided photometric renderings based on assumptions, including wattage, distribution type, pole height, spacing etc.

Organizing the streetlight infrastructure by roadway classifications such a residential, collector and arterial) and conducting a minimum of three theoretic photometric renderings for replacement fixtures of the CITY’s preferred fixture brands and lines.

Developing theoretic photometric renderings for one typical existing fixture per main roadway classification one for residential, one for collector and one for arterial) to demonstrate baseline conditions and aid in fixture and manufacturer selection.

Applying standard LED replacement wattage recommendations based on the location of each existing fixture.

Coordinating an optional pilot project installation, including selecting appropriate fixture(s) to pilot, identifying locations to pilot in, obtaining fixtures and coordinating with an installer.

Reviewing additional data sets upon request and only if there is readily available data) to identify potential areas in need of special consideration such as available data on important localized land uses e.g. parks, schools, hospitals, etc.), pedestrian, vehicle use and crash data, relative volumes of pedestrian and bicycle activity, unique neighborhood characteristics) and incorporating the analysis of the additional data into the recommendations.

Selecting appropriate wattages and distribution types for replacement fixtures to meet the CITY’s needs, while maintaining the objective of providing a simplified 139
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approach that standardizes inventory so that the system has consistency and can be more easily maintained over time).

Applying the CITY’ s preferred products, typical models and special considerations to the design maps of the type and wattages by location.

Reviewing cost estimate and value engineering for various projects.

Presenting the options and total cost/incentives/savings/payback to the CITY and relevant stakeholders has directed by the CITY, and obtaining the CITY’s final approval.

Guiding the CITY through how to interpret the photometrics, reviewing how the results indicate the products’ spread of light, the distances the fixtures reach, how much back light is present which is wasted light), how much light is distributed directly under the fixture, and the general containment of light in the road/right of way.

Providing an interactive map to facilitate the design and construction process.

Participation in CITY Council meetings to present findings and answer questions.

1.04 Financing Options: CONSULTANT shall identify and assist with coordinating financing for the project, including identifying third party financing, On Bill utility financing, etc. options.

1.05 Fixture Selection: CONSULTANT shall assist with identifying product options for the CITY, including:

Needs Assessment: Conducting initial conversations with the CITY to assess its current knowledge of nuances, options and available products as well as any brand/product preferences and specific needs it may have. CONSULTANT shall present a list of specific questions the CITY during the discussions e.g. cost as a weighted priority and/or fixture specification, and/or twenty year savings, etc.), as well as a matrix of comparative product information by major product brands.

Product Recommendations: CONSULTANT shall explore the marketplace for available products that meet the CITY’s needs/interests, and will recommend brands with the following elements considered: Fixture efficiency, light distribution, country of origin, fixture flexibility dimmable drivers, color temperature, shields, distribution types, lighting levels, etc.), product quality Design Lights Consortium listed, proven product, etc.), cost, and historic performance/ longevity.

1.06 Bid Documents: CONSULTANT shall assist with installation contractor solicitations by developing appropriate qualifications and requirements via the following approach:
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Product Submittals: Prepare the product submittals based on the CITY’ s preferences and submit for final CITY review and approval.

Installation Specifications: Develop the bid documents for the installation/ materials bid to ensure they include:
o Description of work
o Required installation schedule
o Reference standards
o Submittals
o Quality assurance
o Warranty
o Installation
o Field quality control
o Adjusting and cleaning
o Disposal
o Requirements for handling any potential field issues, including no power, missing wire, etc.
o Safety standards
o Equipment requirements
o Licensing/reporting requirements
o Pricing requirements/ templates
o Communication requirements, including pre construction and regular project progress meetings, as well as data collection, training, documentation, and reporting requirements
o Minimum qualifications
Procurement Coordination: Upon release of the bid, CONSULTANT shall:
o Conduct a pre bid conference with prospective bidders. o Develop responses to questions and any necessary addenda documents. o Review bid documents and assist the CITY in evaluation of bidders’ Statement of Qualifications for responsible low bidder and assist in analyzing bid protest as may be necessary.
o Tabulation and evaluation of bid results. Assist in the evaluation of bid alternatives and make recommendations on award.
o Assist in review and processing of substitution submittals during bid and construction phase.
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Task 2.0: Construction Phase work may include but is not limited to the following:

2.01 Administration and Coordination of Construction: CONSULTANT shall provide administrative, construction management and related services necessary to administer the construction on each assigned project. CONSULTANT shall:

Ensure the selected installation contractor stages the receipt of fixture shipments for installation in a manner that ensures the secured storage of materials.

Provide the CITY with a schedule of anticipated shipping dates for materials once the materials order is placed.

Develop an installation plan that minimizes inconvenience to the CITY and includes ordering schedules, traffic control plans, waste disposal and recycling procedures that comply with all applicable State and Federal laws), and installation and commissioning schedules as required to the CITY.

Facilitate a pre construction Kick Off meeting with CITY staff and the installation contractor to review the traffic control plans, work safety, public safety and waste material handling procedures and requirements prior to the start of installation.

Coordinate and participate in regularly scheduled construction meetings with CITY staff and contractor. Record, maintain, and distribute minutes thereof.

Prior to start of project construction the CONSULTANT and CITY will come to agreement on the format for all project records to be kept and turned over to the CITY at the completion of the project. Documents may be hard copies and/or electronic. CONSULTANT will make recommendations on programs to be used for tracking and other record keeping needs.

Develop and implement a procedure for the submittal and processing of submittals with the CITY’s consultants. This shall include preparing and updating logs.

Provide preliminary review for completeness and general compliance of submittals that are to be reviewed by the design consultant. Provide review and response for submittals that do not involve the design consultant. Sign and date such submittals with response: Reviewed or Revise and Resubmit.

Develop and implement a procedure for timely handling and disposition of the Contractor’ s request for information RFI) or clarifications with the design consultant. This shall include preparing and updating logs.

Develop and implement a procedure for the timely submittal, processing and tracking of Contract Change Orders CCO), Request for Price Quote RPQ), etc. with the CITY. This shall include preparing and updating logs.

Review the Contractor’ s comprehensive schedule that establishes a base line and reports the status and progress of the project. The schedule should include details such as milestones and key activities to track project progress. Review the 142
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Contractor’ s three week look ahead schedule. Verify that schedules conform to the construction contract documents.

Work with CITY and Contractor to maintain use of existing facilities that are affected by the construction, to minimize the disruption to the existing facilities and to have their continued use during the construction of the project. This includes all phase of construction and delivery of materials.

2.02 Monitoring of Construction Costs and Progress Payments: CONSULTANT shall:

Provide and maintain project level reports for budgeting and contingency tracking; contract payment status; cash flow forecasting and analysis; grant documentation; and other financial reporting as necessary to support the CITY’s accounting needs.

CONSULTANT shall maintain records reflecting the actual costs for activities completed or in progress, including records relating to work performed on a unit cost basis and additional work performed by the Contractor on a time and materials basis. CONSULTANT shall monitor and advise the CITY of costs pertaining to potential, pending, and completed changes; and potential or pending claims.

Develop a procedure for submittal, review and processing of the progress payments to Contractor, along with associated forms and reporting systems. CONSULTANT shall review progress payment applications and work with Contractor to achieve agreement on the progress payment amount. CONSULTANT will verify that the as built” check set of plans by the Contractor are updated prior to approval of progress payment being submitted to the CITY. CONSULTANT will require Contractor to provide a conditional waiver and release for progress payments and a final release and waiver for the final payment. CONSULTANT will certify that the data in each application for progress payment is to the best of CONSULTANT’ s knowledge, information and belief, the work has progressed to the point indicated in the application for progress payment and the quality of the work is generally in accordance with the contract documents. CONSULTANT’ s review of application for progress payment shall be undertaken and completed in a timely manner so that the CITY can meet its obligations to make progress payment due Contractor within the time permitted by applicable law without incurring interest liability or other penalties/liabilities. CONSULTANT shall also verify the progress payment satisfies any grant requirement.

2.03 Installation Management: CONSULTANT shall:

Ensure that installers are equipped with handheld devices and train them in collecting relevant data on both the existing fixtures being removed, as well as the LED fixtures being installed.
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Track each crew’ s daily progress via time stamped data on every fixture location.

Provide immediate instruction to crews on any course corrections necessary.

2.04 Substantial Completion and Final Completion: CONSULTANT shall:

Consult with the CITY to jointly ascertain the achievement of substantial completion of the project. If upon inspection of the project substantial completion has not been achieved, the CONSULTANT will assist the CITY in noting the conditions of the work and the measures necessary for the Contractor to achieve substantial completion. Upon determining that the Contractor has achieved substantial completion the CONSULTANT will coordinate the CITY’s final inspection of the work to note punch list items to be completed by the Contractor as a condition to achieve final completion.

Assist the CITY in issuing a certificate of substantial completion and final completion, as applicable.

2.05 Progress Records: CONSULTANT shall:

Maintain records of the progress of construction of the project, including written progress reports and photographs as agreed upon) reflecting the status of construction and percentage completion of the project. CONSULTANT will maintain daily records during construction of the project showing weather conditions, personnel of the Contractor and Subcontractor at the site, work accomplished, problems encountered and other matters materially affecting the project, completion of the project or construction cost to complete construction of the project. CONSULTANT shall maintain project records for test results and special inspection results.

Provide monthly progress reports on the project.

2.06 Site Observations of Project: CONSULTANT shall:

CITY and CONSULTANT may agree to the amount of time required to be at the site for observation, however this does not relieve the CONSULTANT from the requirement of having knowledge of the status of the work.

Coordinate testing, lab services and inspections, this includes by outside firms.

Provide testing and test results by testing firm acceptable to CITY. Such testing services shall be a reimbursable expense as described in Task 3.

Maintain at the site the following documents at a minimum: Contract, Drawings, Specifications, approved Change Orders, Submittals, and associated testing or 144
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monitoring documentation, other permits, applicable codes, rules and regulation and other written or electronic materials relating to the project.

Endeavor to guard the CITY against defects and deficiencies in construction and workmanship of the project on the basis of its site observations, and a quality control program established and implemented hereunder to monitor construction workmanship for conformity: 1) accepted industry standards; 2) applicable laws, codes, regulations, ordinances or rules: 3) and the requirements of the construction documents.

Reject work whenever in the ordinary course of discharging its services the CONSULTANT discovers or observes patent conditions of defective or deficient construction and workmanship which as or may have an adverse impact upon the project’ s life safety systems or operations, structural elements or integrity of the safety of persons or property. CONSULTANT shall take prompt action appropriate under the circumstances, including stopping the work and thereupon notifying the CITY in writing. CONSULTANT’ s responsibilities hereunder shall be limited to defective or deficient work or an apparent or patent nature.

Review the Contactor safety program and the requirements of the construction documents and applicable law. CONSULTANT shall monitor the Contractor’ s compliance with safety programs and advise the CITY of measures, if any, necessary or appropriate to obtain the Contractor’ s compliance. By undertaking the obligation hereunder, CONSULTANT shall not be deemed to have assumed responsibility of the adequacy or sufficiency of safety programs implemented by the Contractor, but the CONSULTANT is responsible for verifying that the Contractor has established a safety program, that the safety program established by the Contractor is in compliance with applicable law, rule or regulation and that the Contractor has implemented its safety program.

Promptly notify the CITY in writing of all CONSULTANT observed instances of Contractor’ s failure to comply with applicable safety requirements. If in the course of performing services during the construction, the CONSULTANT observes a safety violation or other unsafe condition on or about the site or surrounding area which have an immediate or potential or actual adverse effect on life or property, the CONSULTANT is authorized, without prior notice to the CITY or prior directive by the CITY, to take all actions deemed necessary and appropriate by the CONSULTANT under the then existing circumstances to prevent such actual or potential adverse effect.

Become familiar with all CEQA documents and permit requirements from other agencies having jurisdictions over the site or work that will affect the project and the 145
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construction site. CONSULTANT shall be responsible for monitoring all aspects of the project as it relates to the requirements. CONSULTANT shall monitor the Contractor’ s compliance with all requirements of the CEQA documents and permits by other agencies. CM shall take prompt action appropriate under the circumstances, including stopping the work and thereupon notifying the CITY in writing if Contractor is not following all requirements.

2.07 Contract Change Order CCO) Processing: CONSULTANT shall:

Coordinate and disseminate correspondence, drawings and other written materials by and between the Contractor, the CITY and the design consultants relating to changes to the project. CONSULTANT will coordinate the Contractor’s performance of changes authorized by the CITY. CONSULTANT shall maintain a log or other written records to monitor the pendency and disposition of change and CCOs to keep the CITY advised of the status of the same and the actual or potential impact of any particular change or CCO or the cumulative effects thereof on the construction cost or time for completion of construction of the project.

Assist the CITY and design consultant in evaluation of requests for the Contactor for issuance of CCOs, assist in negotiations with the Contractor relative to the CCOs proposals and the adjustment of the contract price or the contract time under the construction contract. CONSULTANT will make recommendations to the CITY and the design consultant for handling and disposition of the Contractor’ s proposal relative to the changes. If a change to the construction contract is approved or authorized by the CITY, CONSULTANT will assist the CITY and the design consultant in the preparation of a CCO reflecting such approved or authorized change to the construction contract. The CONSULTANT is not authorized, without the prior consent and approval of the CITY, to effectuate or authorize any change to the work of the project. The CONSULTANT shall be liable to the CITY for all direct and consequential costs, losses or damage resulting from the CONSULTANT’ s direction or authorization of effectuate a change to the work of the project without the prior direction and authorization by the CITY.

2.08 Claims Handling: CONSULTANT shall assist the CITY in the review, evaluation and processing of claims asserted by the Contractor. CONSULTANT will make recommendations to the CITY as to merit, handling and disposition of Contractor’ s claims. Except in the event that the CONSULTANT is alleged to have caused or contributed to the circumstances giving rise to a Contractor claim or other Contractor demand for compensation, services of the CONSULTANT to prepare documentation or 146
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provide testimony in a mediation, arbitration or judicial proceeding arising out of such a claim or demand for compensation shall be deemed additional services. If the CONSULTANT is alleged to have caused or contributed to a Contractor claim, the CONSULTANT’ s claims handling services, including without limitation, claims analysis, assistance in preparing briefs/graphic materials in connection with negotiations or dispute resolution proceeding relating to a Contractor claim shall be deemed part of the CONSULTANT’ s basic services under this agreement.

2.09 Consultant Equipment: CONSULTANT shall provide all equipment, furnishings and other items necessary to complete the services required for the project. Including without limitation, computers, related hardware, software, vehicles, cell phones, office equipment and copiers.

2.10 Community Outreach and Notification: CONSULTANT shall coordinate with the CITY’s media office to help develop a community outreach and notification plan prior to the commencement of any project activities. The plan will ensure project awareness and minimize public disturbance. CONSULTANT shall develop the message and provide the schedule to the CITY’s media staff for distribution through the CITY’s existing media outlets press releases, website, etc.).

2.11 Commissioning Coordination: CONSULTANT shall ensure that the installers perform final inspection on all fixtures, correct any punch list” items, test lights to ensure that they work, and identify locations where repair needs CITY assistance. CONSULTANT shall provide a complete commissioning report outlining any errors and actions taken to correct errors.

2.12 Rebate and Tariff Change Coordination: CONSULTANT shall:

Research any available rebate programs and facilitate all necessary tasks to ensure that the CITY receives the rebates and billing changes for which it is eligible.

Prepare all necessary and required documentation for the rebates and submit these to the appropriate departments within the utility/agency.

Follow up with the utility/agency to confirm the materials have been received and are in process.

If known, provide the contact information for the utility/agency staff person processing the application for the CITY staff to secure the final payment.

Assist the CITY with responses to any utility/agency questions regarding the submitted applications for rebates.
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Coordinate with the utility on changing tariffs to the newly installed LED fixture rates by preparing the necessary documentation, submitting it to the utility, confirming the materials have been received, and obtaining the timing for the modification to be processed.

If known, provide the contact information for the appropriate party addressing any rate changes for the CITY.

Assist the CITY with responses to any utility questions regarding the submitted applications for tariff changes.

2.13 Final Reporting: CONSULTANT shall coordinate all final reporting and data requirements to ensure that the CITY considers the project is compliant and complete.

This includes finalizing the GIS layer with design and construction data and updating the analysis of gross cost, savings, incentives, net cost, and payback of finalized design, including any operation and maintenance of costs and savings. Additionally, CONSULTANT shall provide contacts and the process whereby the CITY can obtain warranty support with the manufacturer(s) should it be necessary.

Task 3.0: Inspections and Testing work may include but is not limited to the following:

Conduct routine inspection of the construction work over the course of construction to ensure compliance of the work with the construction contract, including all drawings and specifications.

Monitor the contractor’ s compliance with required Regulatory Agency Permit inspections and advise CITY of coordination problems and Contractor’s compliance with permit/inspection requirements.

Engage the necessary subconsultants to perform the necessary inspections and testing as required for the project. CONSULTANT shall schedule and coordinate with the contractor and subconsultant for the necessary testing and inspection for the project.

Compensation to the CONSULTANT for inspections and testing by subconsultant shall be for the actual billed amount only, no mark up or overhead will be allowed for these subcontracted services. CONSULTANT shall bill monthly for actual inspections and testing completed. CONSULTANT shall attach copies of subconsultants’ invoice for verification of cost being billed.

Task 4.0: Post Construction Phase work may include but is not limited to the following:

Receive from the Contractor the closeout documents and items to be submitted by the Contractor under the terms of the Construction Contract upon completion of its obligations under the Construction Contract. The CONSULTANT shall review each 148
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Contractor’ s closeout submittals to determine conformity with the requirements of the Construction Contract. If the CONSULTANT determines that any Contractor’ s closeout submittals are not in conformity with requirements of the construction contract, the CONSULTANT shall make recommendations to the CITY for measures to secure compliance with the requirements of the construction contract. The CONSULTANT shall deliver to the CITY all of the Contractor’ s closeout submittals, including the Contractor’s as build drawings which the CONSULTANT shall transmit to the design consultant for preparation of the record drawings. The CONSULTANT shall monitor the design consultant’ s preparation and completion of the project record drawings prior to delivering to the CITY.

Within thirty 30) days of the date of issuance of a Certificate of Final Completion for the construction contract, the CONSULTANT shall assemble and deliver to the CITY all of the records maintained by the CONSULTANT relating to the project.

Task 5.0: Additional Services
CONSULTANT services not specifically identified in the Scope of Services shall be considered Additional Services. At the CITY’S request, CONSULTANT shall provide a fee proposal for specific additional services consistent with the professional rate schedule in Exhibit C.

Other Tasks/Services that may be assigned per Project needs:

Pole Labeling: A specific number sequence, tag characteristics, material specifications and location on the pole for a CITY pole ID system. This may include a specific label indicating CITY ownership. Typically, a tag recommendation consists of five to seven digits. CONSULTANT can also procure the approved materials and have its field staff or the installation contractor) install them on the poles provided that the installation is system wide and installed on the poles within an arm’s reach).

Remedy of Miss Billings: Additional assistance reconciling the streetlight billing discrepancies with the utility to credit the CITY for any miss billings performed 149
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either upon completion of the data reconciliation process, or during the final purchase negotiations with the utility.

Photometric Overlay: Customized photometric overlays for specific fixture locations within the CITY. Each fixture’ s overlay will:
o Be an approximation based on theoretical manufacturer representations of the LED replacement fixture note that it will exclude immediate existing conditions). o Consist of a single fixture part number at one fixture location. o Be represented at the location of the existing fixture.

Custom Design for Decorative Fixtures: Any decorative fixture beyond the standard design process defined as any non cobra head fixture where the design can be determined through the audit process, or has already been designed) will require a custom LED replacement design, provided on a per custom design created not on a per fixture basis). The work will include the design of the custom LED retrofit, dispatch of a contractor to measure the fixture, design of a custom insert, coordination with a metal fabricator to create a sample, etc.

Ownership Feasibility Initialization: CONSULTANT can introduce the CITY to its streetlight ownership Progression Plan, which outlines the path and required steps necessary to prepare for the CITY Council to vote on whether to pursue acquiring ownership of any streetlights not currently owned by the CITY. There are two essential elements in the Progression Plan: the Project Schedule and Protocols:
o Project Schedule: This is customized to the CITY’ s particular administrative process, including timing for review and approval of documentation, agenda management, Council meetings, closed sessions, etc. The Project Schedule is updated regularly to accommodate the CITY’s timing and project status updates. o Protocols: These Protocols are key to understanding the process. They explain the actions necessary at each stage of the process from initiation to investigation and discovery, moving into negotiations, and ultimately lead to the CITY’ s determination of its course of action.

Ownership Feasibility Appraisal: CONSULTANT shall utilize a qualified, third party appraiser to complete an appraisal of the non CITY owned streetlight system on behalf of the CITY. The appraiser will provide a financial valuation analysis to confirm the fair market value of the existing streetlight system. Once the appraisal is completed, CONSULTANT shall produce a summary of the results for future use with the Council and/or the potential exploration of the acquisition process. Please note that the appraisal will not consider the overall soundness of every element of the existing system including unseen elements such as wiring issues, equipment integrity, etc.), and therefore CONSULTANT shall not be responsible/ liable for any 150
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future operating costs associated with the soundness of the streetlight system equipment.

Streetlight System Analysis: CONSULTANT shall develop a Streetlight System Analysis to outline the CITY’s options regarding potential ownership and operations of streetlights not owned by the CITY.

Municipal Process Support: CONSULTANT shall provide comprehensive services to support the CITY in the exploration of its options regarding potentially obtaining ownership of non CITY owned streetlight assets.
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CITY OF CUPERTINO

MASTER AGREEMENT CONSULTANT SERVICES
SERVICE ORDER NO.

MASTER AGREEMENT NO#: M. A. Date:

Maximum Compensation:

Consultant: Firm Name:

Address:

Contact: Phone:

Email: Jason@tankolighting. com
Project Name:

X
City Project Management
Managing Department: Public Works Project Manager:

Fiscal/ Budget
Amount
175,000.00

0.00 Minus Liquidated to Date 0.00

0.00 175,000.00
P.O.

Contract Manager: John Raaymakers Date:

Approvals:

Consultant: Date:

CIP Manager: Date:

Appropriation Certification: I hereby certify that an unexpended appropriation is available in the above fund for the above contract as estimated and that fund are available as of this date of signature City Finance: Date:

Management Analyst
Total Previously Encumbered to Date:

Encumbrance this Service Order:

Balance:

S.O. Acct No.: Master
Agreement Maximum Compensation: 175,
000.00 M. A.End Date: Tanko
Streetlighting, Inc.220
Bayshore Blvd.,San Francisco,CA 94124 Jason
Tanko 415 254 7579 Project
Description:See
attached Exhibit.Tanko
Streetlighting Master Agreement Page 1of 1ServiceOrder No.EXHIBIT B
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EXHIBIT C
Tanko Streetlighting
Hourly Rates
Position Hourly Rate
Principal 250
Energy Advisor 188
Project Manager 188
Project Associate 156
Data Analyst 156
Auditor 125
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Exh. D-Insurance Requirements for Design Professionals & Consultants Contracts 1 Form Updated Jan. 2022
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 toCity.

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 isgreater. 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 namedinsured.

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

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

Not required. Consultant has provided written verification of noemployees.

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 theContract. b. Insurance must be maintained for at least five (5) years after completion of theServices. 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 theServices.

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

EXHIBIT D
Insurance Requirements
Design Professionals & Consultants Contracts
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Exh. D-Insurance Requirements for Design Professionals & Consultants Contracts 2 Form Updated Jan. 2022
Additional Insured Status
The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers Additional Insureds”) are to be covered as additional insureds on Consultant’ s CGL and automobile liability policies. General Liability coverage can be provided in the form of an endorsement to Consultant’ s insurance (at least as broad as ISO Form CG 20 10 (11/ 85) or both CG 20 10 and CG 20 37 forms, if later editions are used).

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

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

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

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

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

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

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

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

Adequacy of Coverage
City reserves the right to modify these insurance requirements/coverage based on the nature of the risk, prior experience, insurer or other special circumstances, with not less than ninety (90) days prior written notice. 155
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CERTIFICATE HOLDER
1988- 2010 ACORD CORPORATION. All rights reserved.

ACORD 25 (2010/ 05)

AUTHORIZED REPRESENTATIVE

CANCELLATION

DATE ( MM/ DD/YYYY)

CERTIFICATE OF LIABILITY INSURANCE

LOCJECT
PROPOLICY
GEN' L AGGREGATE LIMIT APPLIES PER:

OCCURCLAIMS- MADE

COMMERCIAL GENERAL LIABILITY

GENERAL LIABILITY
PREMISES ( Ea occurrence)$

DAMAGE TO RENTED
EACH OCCURRENCE $
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ADDRESS:

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UNDERWRITERS AT LLOYDS LONDON

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HOMESITE INS CO

HOMESITE INS CO
AR01- RS- 2204380- 00

TRAVELERS PROP CAS CO OF AMER

TRAVELERS PROP CAS CO OF AMER
Clear Blue Insurance Co
Clear Blue Insurance Co
maggi12
C
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The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers Additional Insured per written contract:
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RE: Master Agreement for Construction Management
17221
17221
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SUPP ( 05/04)

SUPPLEMENT TO CERTIFICATE OF INSURANCE
DATE
NAME OF INSURED:

Additional Description of Operations/ Remarks from Page 1:

Additional Information:

DBA: Tanko Lighting
Tanko Street Lighting, Inc.

Additional Insured and Waiver of Subrogation per attached form CAT3530215.

Automobile Liability:

Waiver of Subrogation per attached form CG24040509.

Per Project Aggregate per attached from CG25030509.

Primary Wording per attached form CG20010413.

Additional Insured per attached form CG20371001 and CG20101001.

General Liability:

Includes:
12/ 05/ 2022
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Workers Compensation:

Primary Wording per attached form CA00011013.
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Third Amendment to Tanko Lighting for
Construction Management and Consulting
Services for Various CIP Projects
Final Audit Report 2025- 02-13
Created: 2025- 02-05
By: Webmaster Admin ( webmaster@cupertino. org)
Status: Signed
Transaction ID: CBJCHBCAABAAaMI1Bk7JwJOQfEHc9ZPe- NNtDp5IMrDa Third Amendment to Tanko Lighting for Construction Managem ent and Consulting Services for Various CIP Projects" History Document created by Webmaster Admin ([email protected]) 2025- 02- 05 - 5:23:39 PM GMT- IP address: 35.229. 54.2 Document emailed to Jindy Gonzalez ([email protected]) for approval 2025- 02- 05 - 6:00:59 PM GMT
Email viewed by Jindy Gonzalez ( jindyg@cupertino. org) 2025- 02- 05 - 6:01:26 PM GMT- IP address: 3.232. 50.116 Document approved by Jindy Gonzalez ([email protected]) Approval Date: 2025- 02-05 - 7:32:19 PM GMT - Time Source: server- IP address: 64.165. 34.3 Document emailed to Araceli Alejandre ([email protected]) for approval 2025- 02- 05 - 7:32:31 PM GMT
Email viewed by Araceli Alejandre ([email protected]) 2025- 02- 05 - 7:32:39 PM GMT- IP address: 3.232. 50.116 Document approved by Araceli Alejandre ([email protected]) Approval Date: 2025- 02-05 - 10:30:09 PM GMT - Time Source: server- IP address: 64.165. 34.3 Document emailed to [email protected] for signature 2025- 02- 05 - 10:30:26 PM GMT
Email viewed by jason@tankolighting. com
2025- 02- 05 - 10:56:15 PM GMT- IP address: 74.125. 209. 2 170
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Signer jason@tankolighting. com entered name at signing as Jason Tanko 2025- 02- 06 - 6:31:39 PM GMT- IP address: 50.211. 197. 209 Document e-signed by Jason Tanko ([email protected]) Signature Date: 2025- 02-06 - 6:31:41 PM GMT - Time Source: server- IP address: 50.211. 197. 209 Document emailed to Christopher Jensen ([email protected]) for signature 2025- 02- 06 - 6:31:53 PM GMT
Email viewed by Christopher Jensen ([email protected]) 2025- 02- 06 - 6:32:01 PM GMT- IP address: 52.202. 236. 132 Email viewed by Christopher Jensen ([email protected]) 2025- 02- 12 - 5:37:03 PM GMT- IP address: 3.232. 50.116 Signer Christopher Jensen ([email protected]) entered name at signing as Christopher D. Jensen 2025- 02- 12 - 5:40:59 PM GMT- IP address: 64.165. 34.3 Document e-signed by Christopher D. Jensen ( christopherj@cupertino. org) Signature Date: 2025- 02-12 - 5:41:01 PM GMT - Time Source: server- IP address: 64.165. 34.3 Document emailed to Pamela Wu ([email protected]) for signature 2025- 02- 12 - 5:41:12 PM GMT
Email viewed by Pamela Wu ([email protected])
2025- 02- 12 - 5:41:18 PM GMT- IP address: 3.232. 50.116 Document e-signed by Pamela Wu ([email protected])
Signature Date: 2025- 02-13 - 5:03:24 AM GMT - Time Source: server- IP address: 67.160. 222. 130 Document emailed to Kirsten Squarcia ([email protected]) for signature 2025- 02- 13 - 5:03:36 AM GMT
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2025- 02- 13 - 5:16:29 AM GMT
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CITY OF CUPERTINO
Agenda Item
25-13918 Agenda Date: 5/6/2025
Agenda #: 9.

Subject: Approval of an Interim Urgency Ordinance Imposing a Moratorium on the Transition of MultipleFamily Use Housing to Student Housing within a One Half Mile Radius of Foothill-De Anza Community College in the City of Cupertino; or approval of a Resolution Encouraging the Building of Newly Constructed Student Housing and Preventing the Conversion of Multiple-Family Use Housing to Student Housing within the City of Cupertino.

Staff recommends that the City Council take the following actions:

1. Open and conduct a public hearing to consider the attached interim urgency ordinance; and 2a. Waive further reading and adopt, by a four-fifths (4/5ths) vote of the City Council, the attached interim urgency Ordinance No. 25-2270 by title only (the same to take effect immediately upon adoption), entitled, “An Interim Urgency Ordinance of the City of Cupertino, California, Enacted Pursuant to California Government Code section 65858 Establishing a 45-Day Temporary Moratorium on the Transition of Multiple-Family Use Housing to Student Housing Within One Half Mile Radius of Foothill-De Anza Community College in the City of Cupertino During the Pendency of the City’s Review and Adoption of Permanent Zoning Regulations for Such Uses”; or 2b. Adopt Resolution No. 25-025 Encouraging the Building of Newly Constructed Student Housing and Preserving Multiple-Family Use Housing By Preventing the Conversion of Multiple-Family Use Housing to Student Housing Within the City of Cupertino CITY OF CUPERTINO Page 1 of 1 Printed on 4/30/2025
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CITY COUNCIL STAFF REPORT
MAY 6, 2025
Subject
Approval of an Interim Urgency Ordinance Imposing a Moratorium on the Transition of Multiple-Family Use Housing to Student Housing within a One Half Mile Radius of Foothill-De Anza Community College in the City of Cupertino; or approval of a Resolution of the City Council Encouraging the Building of Newly Constructed Student Housing and Preventing the Conversion of Multiple-Family Use Housing to Student Housing within the City of Cupertino.

Recommended Action
Staff recommends that the City Council take the following actions:

1. Open and conduct a public hearing to consider the attached interim urgency ordinance; and
2a. Waive further reading and adopt, by a four-fifths (4/5ths) vote of the City Council, the attached interim urgency ordinance by title only (the same to take effect immediately upon adoption), entitled, “An Interim Urgency Ordinance of the City of Cupertino, California, Enacted Pursuant to California Government Code section 65858 Establishing a 45-Day Temporary Moratorium on the Transition of Multiple-Family Use Housing to Student Housing Within One Half Mile Radius of Foothill-De Anza Community College in the City of Cupertino During the Pendency of the City’s Review and Adoption of Permanent Zoning Regulations for Such Uses;” or
2b. Approve the attached resolution entitled, “Resolution of the City Council Encouraging the Building of Newly Constructed Student Housing and Preventing the Conversion of Multiple-Family Use Housing to Student Housing within the City of Cupertino.”
At the April 2, 2025 City Council meeting the City Council first learned from residents of McClellan Terrace that more than 90 families, with over 60 children and youths, would be displaced if the District acquires McClellan Terrace and converts it to student housing for its student population. At that meeting, the City Council learned that District had entered into a purchase agreement with the current owner of the building. The City 173
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Council then unanimously approved a study session to consider generally the conversion of multiple-family use housing to student housing.

In furtherance of the City’s Housing Element contained in the General Plan, the District should be building new housing for its students that need housing rather than seeking to convert existing multiple-family housing to student housing.

The District has, in fact, now stated that it intends to convert McClellan Terrace into student housing. As such, the District plans to displace all of the current residents, who will be required to move out, either upon the expiration of their 12-month leases, or sooner, but all would receive a minimum of 120 days’ notice to vacate.

The proposal raised immediate concerns from the families to be displaced, many with school-age children and youths attending nearby Abraham Lincoln Elementary, Kennedy Middle School, and Monte Vista High School. At the April 2, 2025 City Council meeting, residents living at McClellan Terrace, and many others from the surrounding community and greater City area, expressed deep concern regarding the loss of the residents’ community, social ties, and stable living environment for themselves, their children, and their neighbors, which would be the result.

This also raises serious concerns about displacing longtime residents in a City already facing a shortage of rental housing. The City has long recognized the importance of protecting families and other residents from displacement, as reflected in the goals and policies of the City’s General Plan, which emphasizes that “new housing sites should avoid or minimize displacement of existing uses, particularly existing residential uses that would necessitate the relocation of residents” (see Appendix B (Housing Element) of the General Plan at B-21), causing both the loss of homes and critical community support networks.

To prevent the displacement of long-term residents, the City of Cupertino has historically adopted policies that limit housing conversions which could reduce affordability or availability. (CMC section 19.116.030 (A)(1)(a).) For example, the City’s Municipal Code states “[i]n no case shall an apartment project be converted to a common interest development unless and until it can reasonably be demonstrated that comparable replacement housing exists within the housing market area to accommodate those residents displaced as a direct result of the proposed conversion.” (CMC section

19.116.030 (A)(1)(a).) It further states that “[n]o conversion of apartment houses . . . to common interest developments shall be permitted unless and until the City Council of the City of Cupertino finds that the proposed conversion will not conflict with the housing goals and policies of the General Plan and will not adversely impact the local school system.” (CMC section 19.116.030 (A)(2).) While common interest developments are not student housing, this example demonstrates the City’s longstanding commitment to protecting existing residents from displacement. 174
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In line with this commitment to housing stability, and based on the Housing Element, General Plan, and past regulations, staff is recommending that the City Council adopt an interim urgency ordinance temporarily prohibiting the conversion of multi-family housing to student housing.

Reasons for Recommendation
The City should be encouraging the building of new housing, including encouraging institutions of higher education located within or near its boundaries to prioritize the development of new student housing to meet the growing demand for student accommodations rather than displacing families to transition the multiple-family housing stock to student housing.

In fact, the City’s failure to protect multiple-family housing for families and other longterm residents could further reduce the availability of permanent housing options, negatively impacting overall housing stability. According to the California Department of Finance E-5 Report (2024), Cupertino’s housing unit vacancy rate was 5%, compared to the statewide rate of 6.4%. This lower vacancy rate indicates tighter housing availability in the City, supporting the conclusion that residents already face limited housing choices.

Moreover, rent in the City is significantly higher than in most communities and according to Zillow is 81% higher than the national average. As of April 24, 2025, 103 total units were listed for rent on Zillow for the entire City. Of these, only 70 multiplefamily units were available, ranging from $1,300/month to $6,810/month. With a population in the City of approximately 58,000 people, (US Census Bureau) this means that a single multiple-family unit is only available for less than 5% of community members. In addition, land, environmental, and infrastructure constraints combine to keep prices high. Although the City of Cupertino is doing what it can to facilitate the development of new multiple-family housing, it also must take steps to preserve existing multiple-family housing.

The City’s current regulatory environment towards the transition of multiple-family housing to student housing will: 1) result in the loss of essential housing, including rental housing, for families and others within the City, 2) displace current tenants, including families and families with school-age children and youth currently enrolled in local public schools, 3) disrupt established relationships between and among families and friends residing in the multiple-family use building or nearby residences who may be unable to find alternate housing within the neighborhood, school district, or even within the City, 4) encourage the loss of multiple-family use housing in favor of student housing, 5) potentially increase the commute distance to and from work for tenants displaced by student housing potentially increasing Greenhouse Gas emissions; and 6) reduce the incentive for institutions of higher learning to build new student housing to accommodate the needs of the institutions’ students for local housing. 175
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Providing for a diverse range of housing types is an important consideration in any community. A diverse range of housing types helps ensure that all households in a community, regardless of income level, size, age, and family type, have the ability to find adequate housing that meets their needs, including K-12 schools for children and youths.

The need to preserve existing multiple-family housing is especially acute due to the limited availability of other housing types. For example, according to Redfin.com the median sale price of a home in Cupertino was $2,493,950 in February 2025. This places home ownership out of reach for many members of the community, resulting in a greater need for safe and affordable multiple-family rental housing.

Moreover, converting existing multiple-family housing to student housing or similar uses is intertwined with the loss of housing choices and the risk of displacement. It exerts upward pressure on rents, forcing families to pay a greater proportion of household income on rent, which creates a strain on household finances. It also increases the likelihood that households will be forced to move out of the area when housing stock is converted to other uses. When households are displaced due to rising rents or the lack of available housing, it disrupts community stability, increases stress and anxiety among residents, results in longer commute times and greater traffic impacts as workers are forced to live farther from their jobs, and adversely affects the educational continuity and opportunities for children and youth. The shortage of multiple-family housing supply, combined with rising rents, heightens the risk of housing insecurity and further disenfranchises the unhoused.

Based on these concerns about the likely unintended consequences, as well as the findings provided in the attached interim urgency ordinance, staff is proposing that the City Council pass the interim urgency ordinance, which temporarily prohibits the conversion of multiple-family use housing to student housing, as defined in the attached interim urgency ordinance within a one half mile radius of Foothill-De Anza Community College for an initial period of 45 days. This initial period will allow staff time to review, study, and potentially revise the Cupertino Zoning Ordinance or other City planning documents and rules as they relate to these uses.

State Planning and Zoning Law empowers the City to plan for and regulate the use of land to provide for orderly development. State law further authorizes the City Council to adopt an ordinance for the preservation of the public peace, health or safety and to prohibit a use that conflicts with a contemplated general plan, specific plan, or zoning proposal that the legislative body, or the planning department is considering or studying or intends to study within a reasonable time. Municipal Code section 19.04.020 gives authority to the City of Cupertino to establish comprehensive zoning regulations to facilitate the creation of a convenient, attractive and harmonious community. 176
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The proposed interim urgency ordinance would be effective for an initial period of 45 days. Staff anticipates providing a written report 10 days prior to the expiration of the interim urgency ordinance. The City Council would then have the option to extend the interim urgency ordinance for up to an additional 10 months and 15 days to allow for any permanent ordinance or amendment to the City’s Zoning Ordinance or other City planning documents or rules to be adopted. Any extension would require a 4/5ths vote of the entire City Council.

Both staff and the City Attorney will be available to respond to questions regarding the City Council’s consideration of this matter at the public hearing.

Available Options

1. Approve the interim urgency ordinance to allow staff time to study and perhaps develop an appropriate zoning ordinance to ensure that much needed multiple-family use housing is not converted to student housing and the building of newly construction student housing is encouraged.

2. Approve the resolution encouraging the building of newly constructed student housing and directing staff to press forward with studying options to prevent such transitions in the future to both encourage the development of new student housing and retain current multiple-family use housing.

3. If the City Council determines there are issues which should be addressed prior to taking any action on this item, the Council should continue this action and instruct staff to resolve those issues.

4. Do nothing.

Sustainability Impact
No sustainability impact.

Fiscal Impact
The cost associated with preparing the permanent zoning ordinance.

City Work Program Item and Item Description
This is not a City Work Program item.

Council Goal
To preserve Multiple-Family Housing with the City of Cupertino.

California Environmental Quality Act
In accordance with Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines, this action is statutorily exempt. Further, even if a project, it is clear 177
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that the proposed moratorium Ordinance will not create an environmental impact as it preserves existing conditions, and is therefore exempt from CEQA review. _____________________________________
Prepared by: Vrunda Shah, Deputy City Attorney
John Fox, Assistant City Attorney
Floy Andrews, Interim City Attorney
Reviewed by: Bejamin Fu, Community Development Director Tina Kapoor, Deputy City Manager
Approved for Submission by: Pamela Wu, City Manager
Attachments:

A – Moratorium Radius Map
B – Draft Ordinance
C – Draft Resolution
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1 ORDINANCE NO. __________________

AN INTERIM URGENCY ORDINANCE OF THE CITY OF CUPERTINO,

CALIFORNIA, ENACTED PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65858 ESTABLISHING A 45-DAY TEMPORARY MORATORIUM ON

THE TRANSITION OF MULTIPLE-FAMILY USE HOUSING TO STUDENT

HOUSING WITHIN A ONE HALF MILE RADIUS OF FOOTHILL-DE ANZA

COMMUNITY COLLEGE IN THE CITY OF CUPERTINO DURING THE
PENDENCY OF THE CITY’S REVIEW AND ADOPTION OF PERMANENT

ZONING REGULATIONS FOR SUCH USES
The City Council of the City of Cupertino finds that:

WHEREAS, the City of Cupertino (“City”) has the authority, under its police power, to enact regulations for the public peace, morals, and welfare of the City pursuant to its California Constitution Article XI, section 7; and WHEREAS, pursuant to City of Cupertino Municipal Code section 19.04.020, the City has the authority to establish comprehensive zoning regulations to create a convenient, attractive, and harmonious community, and is responsible for adopting and implementing land use regulations within its boundaries; and WHEREAS, the City has been informed that the Foothill-De Anza Community College District (“District”) is currently under contract to purchase McClellan Terrace Apartments (“McClellan Terrace”), a multiple-family use residential building that houses approximately ninety-four (94) families, with the intent to convert the property from multiple-family use housing to student housing, as defined below, and the closing of that transaction, with title transfer could occur at any time; and WHEREAS, if the sale of McClellan Terrace closes and the District takes title to the apartment community, the District has stated that it will transition the apartment community to some form of student housing, as defined below, whereby current tenants will be displaced, such that tenants holding 12-month lease agreements will be forced to vacate their apartment homes upon the expiration of their leases, and tenants on month-to-month leases will be forced to vacate when their lease is up, but not earlier than 120 days from the date of the notice to vacate; and WHEREAS, at the April 2, 2025 City Council meeting, tenants residing at McClellan Terrace, as well as many other community members expressed great concern about the 180
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Ordinance No. __________