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21-218 Amendment #2 dated 9-17-2024 MIG for Junipero Serra Trail Project PO 2025-2331
SECOND AMENDMENT TO AGREEMENT 354 BETWEEN THE CITY OF CUPERTINO
AND MIG, INC FOR JUNIPERO SERRA TRAIL PROJECT
This Second Amendment to Agreement 354 is by and between the City of Cupertino, a
municipal corporation (hereinafter "City") and MIG, Inc, a Corporation (“Contractor”) whose address
is 2055 Junction Ave, Suite 205, San Jose, CA 95131, and is made with reference to the following:
RECITALS:
A. The City and Contractor entered into an Agreement for Junipero Serra Trail Project,
effective September 30, 2021 (“Original Agreement”) with a term expiring on September 1,
2024.
B. The City and the Contactor entered into a First Amended Agreement for Junipero
Serra Trail Project (“First Amendment”) effective November 29, 2021, with a Maximum
Compensation increase not to exceed $127,547.
C. The Original Agreement and First Amendment are collectively referred to as the
“Agreement” unless otherwise indicated.
D. City and Contractor desire to continue Contractor’s services to the City under the
Agreement, and hereby affirm their intent that it remain in full force and effect as amended
and reinstated by this Second Amendment.
E. 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: This Agreement begins on the
Effective Date and ends on December 31, 2026 (“Contract Time”), unless terminated earlier as
provided herein. Contractor’s Services shall begin on the effective date and shall be completed
by December 31, 2026. The City’s appropriate department head or the City Manager may
extend the Contract Time through a written amendment to this Agreement, provided such
extension does not include additional contract funds. Extensions requiring additional contract
funds are subject to the City’s purchasing policy.
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
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
MIG, INC
By
Title
Date
EXPENDITURE DISTRIBUTION
Item PO Number Amount
Original Contract 2022-233 $123,690.00
Amendment 1 Increase Amount $3,857.00
Amendment 2 Extend Term to 12/31/2026
Total Agreement $127,547.00
Vice President and Chief Development Officer
Sep 17, 2024
Christopher D. Jensen
Director of Public Works
Sep 17, 2024
Sep 17, 2024
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A :
NAIC #
NAME:CONTACT
(A/C, No):FAX
E-MAILADDRESS:
PRODUCER
(A/C, No, Ext):PHONE
INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
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.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD
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.
$
$
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)
COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOSAUTOS ONLY
NON-OWNED
SCHEDULEDOWNED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
EROTH-STATUTEPER
LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR
CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE
DAMAGE TO RENTED $PREMISES (Ea occurrence)
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY PRO-JECT LOC
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
9/5/2024
AssuredPartners Design Professionals Insurance Services,LLC
3697 Mt.Diablo Blvd Suite 230
Lafayette CA 94549
Anni Owens
510-272-1465
CertsDesignPro@AssuredPartners.com
License#:6003745 BERKLEY INSURANCE COMPANY 32603
MIGINC0-01 Travelers Property Casualty Company of America 25674MIG,Inc.
Moore Iacofano Goltsman,Inc.
800 Hearst Ave
Berkeley CA 94710
The Travelers Indemnity Company of Connecticut 25682
52705003
C X 1,000,000
X 1,000,000
X Contractual Liab 10,000
Included 1,000,000
2,000,000
X
Y Y 6801H899998 8/31/2024 8/31/2025
2,000,000
C 1,000,000
X
X X
Y Y BA0S579947 8/31/2024 8/31/2025
B X X 10,000,000YCUP0H7587628/31/2024Y 8/31/2025
10,000,000
X 0
B X
N
Y UB2L553909 8/31/2024 8/31/2025
1,000,000
1,000,000
1,000,000
A Professional Liability &
Contr.Pollution Liab Included AEC907002005 8/31/2023 10/31/2024 Per Claim/5,000,000
Included
$5,000,000/Aggr
The Umbrella Policy is follow form to its underlying Policies:General Liability/Auto Liability/Employers Liability.
MIG Project #16210 -Cupertino Junipero Serra Trail Project
The City of Cupertino,its City Council,officers,officials,employees,agents,servants and volunteers are named as an additional insured as respects general
liability and auto liability as required per written contract.General Liability is Primary/Non-Contributory per policy form wording.Insurance coverage includes
waiver of subrogation per the attached endorsement(s).
30 Day Notice of Cancellation
City of Cupertino
10300 Torre Ave.
Cupertino CA 95014
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
XTEND ENDORSEMENT FOR ARCHITECTS, ENGINEERS
AND SURVEYORS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
GENERAL DESCRIPTION OF COVERAGE – This endorsement broadens coverage. However, coverage for
any injury, damage or medical expenses described in any of the provisions of this endorsement may be
excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions
do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a
general coverage description only. Read all the provisions of this endorsement and the rest of your policy
carefully to determine rights, duties, and what is and is not covered.
A.Non-Owned Watercraft – 75 Feet Long Or Less H.Blanket Additional Insured – Governmental
Entities – Permits Or Authorizations Relating ToB.Who Is An Insured – Unnamed Subsidiaries PremisesC.Who Is An Insured – Retired Partners, Members,
I.Blanket Additional Insured – GovernmentalDirectors And Employees
Entities – Permits Or Authorizations Relating ToD.Who Is An Insured – Employees And Volunteer OperationsWorkers – Bodily Injury To Co-Employees, Co-
J.Incidental Medical MalpracticeVolunteer Workers And Retired Partners,
Members, Directors And Employees K.Medical Payments – Increased Limit
E.Who Is An Insured – Newly Acquired Or Formed L.Amendment Of Excess Insurance Condition –
Limited Liability Companies Professional Liability
F.Blanket Additional Insured – Controlling Interest M.Blanket Waiver Of Subrogation – When Required
By Written Contract Or AgreementG.Blanket Additional Insured – Mortgagees,
Assignees, Successors Or Receivers N.Contractual Liability – Railroads
PROVISIONS uses or is responsible for the use of a
watercraft that you do not own that is:A. NON-OWNED WATERCRAFT – 75 FEET
(1)75 feet long or less; andLONG OR LESS
(2)Not being used to carry any person1.The following replaces Paragraph (2)of
or property for a charge;Exclusion g.,Aircraft, Auto Or Watercraft,
in Paragraph 2.of SECTION I –B. WHO IS AN INSURED – UNNAMED
COVERAGES – COVERAGE A – BODILY SUBSIDIARIES
INJURY AND PROPERTY DAMAGE The following is added to SECTION II – WHO ISLIABILITY:AN INSURED:
(2)A watercraft you do not own that is:Any of your subsidiaries, other than a partnership(a)75 feet long or less; and or joint venture, that is not shown as a Named
(b)Not being used to carry any person Insured in the Declarations is a Named Insured
or property for a charge;if:
2.The following replaces Paragraph 2.e.of a.You are the sole owner of, or maintain an
SECTION II – WHO IS AN INSURED:ownership interest of more than 50% in, such
subsidiary on the first day of the policye.Any person or organization that, with
period; andyour express or implied consent, either
CG D3 79 02 19 ú 2017 The Travelers Indemnity Company. All rights reserved.Page 1 of 6
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
Policy #6801H899998
COMMERCIAL GENERAL LIABILITY
Unless you are in the business or occupationb.Such subsidiary is not an insured under
of providing professional health caresimilar other insurance.
services, Paragraphs (1)(a),(b),(c)and (d)No such subsidiary is an insured for "bodily above do not apply to "bodily injury" arisinginjury" or "property damage" that occurred, or out of providing or failing to provide first aid"personal and advertising injury" caused by an or "Good Samaritan services" by any of youroffense committed:retired partners, members, directors or
a.Before you maintained an ownership interest "employees", other than a doctor. Any such
of more than 50% in such subsidiary; or retired partners, members, directors or
"employees" providing or failing to provideb.After the date, if any, during the policy period first aid or "Good Samaritan services" duringthat you no longer maintain an ownership their work hours for you will be deemed to beinterest of more than 50% in such subsidiary.acting within the scope of their employmentFor purposes of Paragraph 1.of Section II – Who by you or performing duties related to theIs An Insured, each such subsidiary will be conduct of your business.deemed to be designated in the Declarations as:(2)"Personal injury":
a.A limited liability company;(a)To you, to your current or retired
b.An organization other than a partnership,partners or members (if you are ajoint venture or limited liability company; or partnership or joint venture), to your
current or retired members (if you are ac.A trust;
limited liability company), to your otheras indicated in its name or the documents that current or retired directors orgovern its structure."employees" while in the course of his or
her employment or performing dutiesC. WHO IS AN INSURED – RETIRED PARTNERS,
related to the conduct of your business,MEMBERS, DIRECTORS AND EMPLOYEES
or to your other "volunteer workers"The following is added to Paragraph 2.of while performing duties related to theSECTION II – WHO IS AN INSURED:conduct of your business;
Any person who is your retired partner, member,(b)To the spouse, child, parent, brother or
director or "employee" that is performing services sister of that current or retired partner,
for you under your direct supervision, but only for member, director, "employee" or
"volunteer worker" as a consequence ofacts within the scope of their employment by you
Paragraph (2)(a)above;or while performing duties related to the conduct
of your business. However, no such retired (c)For which there is any obligation to
partner, member, director or "employee" is an share damages with or repay someone
else who must pay damages because ofinsured for:
the injury described in Paragraph (2)(a)
(1)"Bodily injury":or (b)above; or
(a)To you, to your current partners or (d)Arising out of his or her providing ormembers (if you are a partnership or failing to provide professional health carejoint venture), to your current members services.(if you are a limited liability company) or
(3)"Property damage" to property:to your current directors;
(a)Owned, occupied or used by; or(b)To the spouse, child, parent, brother or
sister of that current partner, member or (b)Rented to, in the care, custody or controldirector as a consequence of Paragraph of, or over which physical control is(1)(a)above;being exercised for any purpose by;
(c)For which there is any obligation to you, any of your retired partners, membersshare damages with or repay someone or directors, your current or retiredelse who must pay damages because of
"employees" or "volunteer workers", anythe injury described in Paragraph (1)(a)
current partner or member (if you are aor(b)above; or
partnership or joint venture), or any current(d)Arising out of his or her providing or member (if you are a limited liabilityfailing to provide professional health care
company) or current director.services.
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Includes copyrighted material of Insurance Services Office, Inc. with its permission.
COMMERCIAL GENERAL LIABILITY
D. WHO IS AN INSURED – EMPLOYEES AND organization will be deemed to be
VOLUNTEER WORKERS – BODILY INJURY designated in the Declarations as:
TO CO-EMPLOYEES, CO-VOLUNTEER a.A limited liability company;WORKERS AND RETIRED PARTNERS,
b.An organization other than a partnership,MEMBERS, DIRECTORS AND EMPLOYEES joint venture or limited liability company;The following is added to Paragraph 2.a.(1)of orSECTION II – WHO IS AN INSURED:
c.A trust;Paragraphs (1)(a),(b)and (c)above do not as indicated in its name or the documentsapply to "bodily injury" to a current or retired co-that govern its structure."employee" while in the course of the co-
"employee's" employment by you or performing F. BLANKET ADDITIONAL INSURED –
duties related to the conduct of your business, or CONTROLLING INTEREST
to "bodily injury" to your other "volunteer 1.The following is added to SECTION II –workers" or retired partners, members or WHO IS AN INSURED:directors while performing duties related to the Any person or organization that has financialconduct of your business.control of you is an insured with respect toE. WHO IS AN INSURED – NEWLY ACQUIRED liability for "bodily injury", "property damage"OR FORMED LIMITED LIABILITY COMPANIES or "personal and advertising injury" that
The following replaces Paragraph 3.of arises out of:
SECTION II – WHO IS AN INSURED:a.Such financial control; or
3.Any organization you newly acquire or form,b.Such person's or organization'sother than a partnership or joint venture, and ownership, maintenance or use ofof which you are the sole owner or in which premises leased to or occupied by you.you maintain an ownership interest of more
The insurance provided to such person orthan 50%, will qualify as a Named Insured if organization does not apply to structuralthere is no other similar insurance available
alterations, new construction or demolitionto that organization. However:operations performed by or on behalf of sucha.Coverage under this provision is person or organization.afforded only:
2.The following is added to Paragraph 4.of(1)Until the 180th day after you acquire SECTION II – WHO IS AN INSURED:or form the organization or the end
This paragraph does not apply to anyof the policy period, whichever is
premises owner, manager or lessor that hasearlier, if you do not report such
financial control of you.organization in writing to us within
180 days after you acquire or form it;G. BLANKET ADDITIONAL INSURED –
or MORTGAGEES, ASSIGNEES, SUCCESSORS
OR RECEIVERS(2)Until the end of the policy period,
when that date is later than 180 days The following is added to SECTION II – WHO ISafter you acquire or form such AN INSURED:organization, if you report such
Any person or organization that is a mortgagee,organization in writing to us within
assignee, successor or receiver and that you180 days after you acquire or form it;
have agreed in a written contract or agreementb.Coverage A does not apply to "bodily to include as an additional insured on thisinjury" or "property damage" that Coverage Part is an insured, but only withoccurred before you acquired or formed respect to its liability as mortgagee, assignee,the organization; and successor or receiver for "bodily injury", "property
c.Coverage B does not apply to "personal damage" or "personal and advertising injury"
and advertising injury" arising out of an that:
offense committed before you acquired a.Is "bodily injury" or "property damage" thator formed the organization.occurs, or is "personal and advertising injury"
For the purposes of Paragraph 1.of Section caused by an offense that is committed,
II – Who Is An Insured, each such
CG D3 79 02 19 ú 2017 The Travelers Indemnity Company. All rights reserved.Page 3 of 6
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
COMMERCIAL GENERAL LIABILITY
subsequent to the signing of that contract or openings, sidewalk vaults, elevators, street
agreement; and banners or decorations.
b.Arises out of the ownership, maintenance or I. BLANKET ADDITIONAL INSURED –
use of the premises for which that GOVERNMENTAL ENTITIES – PERMITS
mortgagee, assignee, successor or receiver OR AUTHORIZATIONS RELATING TO
is required under that contract or agreement OPERATIONS
to be included as an additional insured on The following is added to SECTION II – WHO ISthis Coverage Part.AN INSURED:
The insurance provided to such mortgagee,Any governmental entity that has issued a permitassignee, successor or receiver is subject to the or authorization with respect to operationsfollowing provisions:performed by you or on your behalf and that you
a.The limits of insurance provided to such are required by any ordinance, law, building code
mortgagee, assignee, successor or receiver or written contract or agreement to include as an
will be the minimum limits that you agreed to additional insured on this Coverage Part is an
provide in the written contract or agreement, insured, but only with respect to liability for
or the limits shown in the Declarations, "bodily injury", "property damage" or "personal
whichever are less.and advertising injury" arising out of such
operations.b.The insurance provided to such person or
organization does not apply to:The insurance provided to such governmental
entity does not apply to:(1)Any "bodily injury" or "property damage"
that occurs, or any "personal and a.Any "bodily injury", "property damage" oradvertising injury" caused by an offense "personal and advertising injury" arising outthat is committed, after such contract or of operations performed for theagreement is no longer in effect; or governmental entity; or
(2)Any "bodily injury", "property damage" or b.Any "bodily injury" or "property damage""personal and advertising injury" arising included in the "products-completedout of any structural alterations, new operations hazard".construction or demolition operations J. INCIDENTAL MEDICAL MALPRACTICEperformed by or on behalf of such
1.The following replaces Paragraph b.of themortgagee, assignee, successor or
definition of "occurrence" in thereceiver.
DEFINITIONS Section:H. BLANKET ADDITIONAL INSURED –
b.An act or omission committed inGOVERNMENTAL ENTITIES – PERMITS OR
providing or failing to provide "incidentalAUTHORIZATIONS RELATING TO PREMISES
medical services", first aid or "GoodThe following is added to SECTION II – WHO IS Samaritan services" to a person, unlessAN INSURED:you are in the business or occupation of
providing professional health careAny governmental entity that has issued a permit
services.or authorization with respect to premises owned
or occupied by, or rented or loaned to, you and 2.The following replaces the last paragraph of
that you are required by any ordinance, law,Paragraph 2.a.(1)of SECTION II – WHO IS
building code or written contract or agreement to AN INSURED:
include as an additional insured on this Unless you are in the business or occupationCoverage Part is an insured, but only with of providing professional health carerespect to liability for "bodily injury", "property services, Paragraphs (1)(a),(b),(c)and (d)damage" or "personal and advertising injury"above do not apply to "bodily injury" arisingarising out of the existence, ownership, use,out of providing or failing to provide:
maintenance, repair, construction, erection or (a)"Incidental medical services" by any ofremoval of any of the following for which that your "employees" who is a nurse,governmental entity has issued such permit or nurse assistant, emergency medicalauthorization: advertising signs, awnings,technician, paramedic, athletic trainer,canopies, cellar entrances, coal holes,audiologist, dietician, nutritionist,driveways, manholes, marquees, hoist away
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Includes copyrighted material of Insurance Services Office, Inc. with its permission.
COMMERCIAL GENERAL LIABILITY
that is available to any of your "employees"occupational therapist or occupational
for "bodily injury" that arises out of providingtherapy assistant, physical therapist or
or failing to provide "incidental medicalspeech-language pathologist; or
services" to any person to the extent not(b)First aid or "Good Samaritan services"subject to Paragraph 2.a.(1)of Section II –by any of your "employees" or "volunteer Who Is An Insured.workers", other than an employed or
volunteer doctor. Any such "employees"K. MEDICAL PAYMENTS – INCREASED LIMIT
or "volunteer workers" providing or failing The following replaces Paragraph 7.ofto provide first aid or "Good Samaritan SECTION III – LIMITS OF INSURANCE:services" during their work hours for you
7.Subject to Paragraph 5.above, the Medicalwill be deemed to be acting within the
scope of their employment by you or Expense Limit is the most we will pay under
performing duties related to the conduct Coverage C for all medical expenses
of your business.because of "bodily injury" sustained by any
one person, and will be the higher of:3.The following replaces the last sentence of
Paragraph 5.of SECTION III – LIMITS OF a.$10,000; orINSURANCE:
b.The amount shown in the Declarations ofFor the purposes of determining the this Coverage Part for Medical Expenseapplicable Each Occurrence Limit, all related Limit.acts or omissions committed in providing or
failing to provide "incidental medical L. AMENDMENT OF EXCESS INSURANCE
services", first aid or "Good Samaritan CONDITION – PROFESSIONAL LIABILITYservices" to any one person will be deemed The following is added to Paragraph 4.b.,to be one "occurrence".Excess Insurance, of SECTION IV –4.The following exclusion is added to COMMERCIAL GENERAL LIABILITYParagraph2.,Exclusions, of SECTION I –CONDITIONS:
COVERAGES – COVERAGE A – BODILY This insurance is excess over any of the otherINJURY AND PROPERTY DAMAGE insurance, whether primary, excess, contingentLIABILITY:or on any other basis, that is ProfessionalSale Of Pharmaceuticals Liability or similar coverage, to the extent the
"Bodily injury" or "property damage" arising loss is not subject to the professional services
out of the violation of a penal statute or exclusion of Coverage A or Coverage B.
ordinance relating to the sale of M. BLANKET WAIVER OF SUBROGATION –pharmaceuticals committed by, or with the WHEN REQUIRED BY WRITTEN CONTRACTknowledge or consent of the insured.OR AGREEMENT5.The following is added to the DEFINITIONS The following is added to Paragraph 8.,TransferSection:
Of Rights Of Recovery Against Others To Us,"Incidental medical services" means:of SECTION IV – COMMERCIAL GENERAL
a.Medical, surgical, dental, laboratory, x-LIABILITY CONDITIONS:
ray or nursing service or treatment,If the insured has agreed in a written contract oradvice or instruction, or the related agreement to waive that insured's right offurnishing of food or beverages; or recovery against any person or organization, we
b.The furnishing or dispensing of drugs or waive our right of recovery against such personmedical, dental, or surgical supplies or or organization, but only for payments we makeappliances.because of:
6.The following is added to Paragraph 4.b.,a."Bodily injury" or "property damage" thatExcess Insurance, of SECTION IV –occurs; orCOMMERCIAL GENERAL LIABILITY
b."Personal and advertising injury" caused byCONDITIONS:
an offense that is committed;This insurance is excess over any valid and
subsequent to the signing of that contract orcollectible other insurance, whether primary,
excess, contingent or on any other basis,agreement.
CG D3 79 02 19 ú 2017 The Travelers Indemnity Company. All rights reserved.Page 5 of 6
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
COMMERCIAL GENERAL LIABILITY
N. CONTRACTUAL LIABILITY – RAILROADS
1.The following replaces Paragraph c.of the
definition of "insured contract" in the
DEFINITIONS Section:
c.Any easement or license agreement;
2.Paragraph f.(1)of the definition of "insured
contract" in the DEFINITIONS Section is
deleted.
Page 6 of 6 ú 2017 The Travelers Indemnity Company. All rights reserved.CG D3 79 02 19
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
Policy Number: 6801H899998
Policy Number: BA0S579947
Policy#: BA0S579947
WORKERS COMPENSATION
AND
EMPLOYERS LIABILITY POLICY
ENDORSEMENT WC 99 03 76 (A)
POLICY NUMBER:
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS
ENDORSEMENT CALIFORNIA
(BLANKET WAIVER)
We have the right to recover our payments from anyone liable for an injury covered by this policy.We will not
enforce our right against the person or organization named in the Schedule.
The additional premium for this endorsement shall be %of the California workers'compensation pre-
mium.
Schedule
Person or Organization 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.)
Insurance Company Countersigned by
DATE OF ISSUE:Page 1 of 1
Any Person or organization for which the insured has agreed by written contract executed prior to
loss to furnish this waiver.
UB2L553909
Travelers Property Casualty Company of America
9/5/2024
1
FIRST AMENDMENT TO AGREEMENT 354
BETWEEN THE CITY OF CUPERTINO AND MIG,
INC FOR JUNIPERO SERRA TRAIL PROJECT
This First Amendment to Agreement 354 between the City of Cupertino and MIG, Inc, for
reference dated September 30, 2021, is by and between the City of Cupertino, a municipal
corporation (hereinafter "City") and MIG, Inc, a Corporation (“Contractor”) whose address is 2055
Junction Ave, Suite 205, San Jose, CA 95131, and is made with reference to the following:
RECITALS:
On September 30, 2021 Agreement 354 (“Agreement”) was entered into by and between City and
Contractor for Junipero Serra Trail Project .
A. City and Contractor desire to modify the Agreement on the terms and conditions set
forth herein.
NOW, THEREFORE, it is mutually agreed by and between and undersigned parties as
follows:
1. Paragraph 2 of the Agreement is modified to read as follows:
Contractor agrees to provide additional services and perform the tasks (“Services”) set forth in
detail in Scope of Services, attached here and incorporated as Exhibit A-1.
2. Exhibit A to the Agreement is replaced with Exhibit A-1, attached hereto.
3. Paragraph 4.1 of the Agreement is modified to read as follows:
4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of
the Services an amount that will based on actual costs but that will be capped so as not to
exceed $127,547 (“Contract Price”), based upon the scope of services and the budget and
rates in Exhibit A-1, attached and incorporated here. The maximum compensation
includes all expenses and reimbursements and will remain in place even if Contractor’s
actual costs exceed the capped amount. No extra work or payment is permitted without
prior written approval of the City.
4. 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
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
MIG, INC
By
Title
Date
EXPENDITURE DISTRIBUTION
Item PO Number Amount
Original Agreement 2022-223 $123,690.00
Amendment #1 $3,857.00
Total Agreement $127,547.00
Paula Hartman
Principal
Nov 29, 2021
Christopher D. Jensen
Nov 29, 2021
Director of Public Works
Nov 29, 2021
August 25, 2021
Evelyn Moran, Public Works Project Manager
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Subject: Proposal for CEQA Services – Junipero Serra Trail (MIG project 47606.01)
Dear Ms. Moran:
MIG is pleased to provide this scope of work and cost estimate for environmental services related to the
City’s proposed Junipero Serra Trail project. The following describes our understanding of the project
and presents our scope of work for CEQA services, including technical reports in biology, cultural
resources, and traffic safety
Project Understanding
The Junipero Serra Trail was originally approved in 2016 as part of the City’s Bicycle Transportation Plan
and supplemented in 2018 with the City’s Pedestrian Transportation Plan. The 2.91‐mile trail is intended
to be the northern segment of a larger community‐wide loop of on and off‐street bicycle facilities (“The
Loop”). The Junipero Serra Trail lies almost entirely within Valley Water rights‐of‐way along the existing
maintenance road that follows the Junipero Serra Channel on the south side of Interstate 280 from Mary
Avenue at the western extent to the intersection of Calabazas Creek and Vallco Parkway at the eastern
extent. The trail would create an important east‐west off‐street trail across the heart of the City that
serves recreational users, commuters, school children, and bicyclists. The focus of this scope of work is
on the CEQA review process for the central and eastern segments of the trail, from DeAnza Boulevard
on the west to the Calabazas Creek Trailhead on the east.
Approach
MIG assumes the project will qualify for an Initial Study/Mitigated Negative Declaration under CEQA and
will prepare an analysis of the project according to the CEQA Guidelines and City of Cupertino
requirements. We will use the Initial Study (IS) Checklist provided in Appendix G of the CEQA Guidelines.
The IS will contain a comprehensive project description, complete responses to the IS Checklist
questions, and recommendation of mitigation measures as necessary. MIG’s scope of work includes
preparation of response to public comments, a Mitigation Monitoring and Reporting Plan (MMRP)
should mitigation measures be incorporated into the project, and preparation of CEQA notices.
MIG’s scope of work also includes resource agency permitting as described in Task 6.
Because the trail alignment is likely located within areas of the City that are considered archaeologically
sensitive, MIG has teamed with Basin Research Associates, Inc. for the preparation of an archaeological
report that will serve as the basis for our analysis of potential cultural resource impacts. We are also
teaming with Hexagon Transportation Consultants for the preparation of Pedestrian, Bicycle and Vehicle
Safety Analysis.
Our scope of work is based on the following assumptions:
Exhibits A-1
Ms. Evelyn Moran
CEQA Services for the Junipero Serra Trail Project
2MIG, Inc.
1. The City will conduct public outreach meetings which MIG CEQA staff will attend remotely.
2. Hexagon will prepare a Pedestrian, Bicycle, and Vehicle Safety Analysis as described below.
3. Basin research Associates, Inc. will prepare an archaeological report, described below, including
a California Historical Resource Information System (CHRIS) search with the Northwest
Information Center (NWIC) for known archaeological and historic resources within the local
vicinity of the project site. A Sacred Lands File (SLF) search will also be conducted with the
Native American Heritage Commission (NAHC) to identify potential cultural tribal resources in
the vicinity. Basin will send out letters on behalf of the City to any tribes identified by the NAHC.
Our budget does not include consultation with tribes.
4. MIG will prepare a stand‐alone Biological Resources Report that will be used for the CEQA
analysis and resource agency permits (Regional Water Quality Control Board, California
Department of Fish and Wildlife, Valley Water).
The project description prepared to support the environmental impact analysis will provide a thorough
description of the existing site conditions, all features of the proposed construction and design plans, all
planning actions required to permit the project, and a comprehensive list of Best Management Practices
or Standard Conditions of Approval that would be incorporated into the project to reduce
environmental impacts. The impact analysis will describe all potential impacts and recommend
mitigation measures as appropriate.
Because of the complexity of the project features, the site being located adjacent to the Junipero Serra
Channel, and the potential for agency permitting requirements, we have estimated a fair level of effort
to prepare this Initial Study. Additionally, our budget allocates 50 hours for response to comments as
the project may generate public interest and a significant number of comments. We have assumed that
there will be a 30‐day public comment period and the document will be sent to the State Clearinghouse
(SCH) (through e‐filing). We have also included twelve hours for the Senior Project Manager to attend
public meetings/hearings. Our approach assumes the City will be responsible for all CEQA noticing
requirements and distribution of the IS/MND.
Scope of Work
We propose the following tasks for preparation of the Initial Study:
Task 1. Project Initiation/Kickoff Meeting/Site Visit
Upon authorization to proceed, MIG will set up and participate in a project team kickoff meeting with
City staff to go over project goals and milestones, schedules, and other significant project issues.
Following the kickoff meeting, MIG will coordinate a site visit and prepare a data request. The site visit
will allow us to gain an understanding of the project context, to document project site conditions for the
project description and to document conditions of concern for the environmental analysis.
During this task MIG staff would prepare a comprehensive data request outlining the information
needed to support the Initial Study impact analysis. MIG would also begin to collect available project
information (documents, maps, reports, etc.).
Task Deliverables:
1. Kickoff meeting
2. Site Visit
3. Data Request (electronic copy only)
Ms. Evelyn Moran
CEQA Services for the Junipero Serra Trail Project
3MIG, Inc.
Task 2. Biological Resources Report
MIG biologists will prepare a biological resources technical report that will be an appendix to the Initial
Study and use that report to provide the biological setting and impact analysis in the Initial Study. The
report will be based on a site survey, database research, our knowledge of Cupertino and the West
Valley watersheds, and independent review of existing biological studies in the area.
The biological resources report will explain the physical and regulatory setting of the trail alignment.
This will include topography, water features, and vegetation types. We will explain which special‐status
species occur in the area, and whether suitable habitat for these species occurs on or adjacent to the
project. With in‐house expertise to delineate jurisdictional waters (including wetlands), we will identify
whether any water features on site fall within the jurisdiction of the California Department of Fish and
Wildlife (FGC 1600), Regional Water Quality Control Board (CWA 401 and Porter‐Cologne), or U.S. Army
Corps of Engineers (CWA 404). The biological resources report will be used as the basis for the
preparation of the memorandum on jurisdictional boundaries and permit requirements described in
Task 6.
The biological resources report will include an assessment of potential project impacts, including the
impacts and regulatory requirements of a culvert alternative that has been suggested by the
community. The analysis will address the CEQA checklist questions for biology.
Task 3. Prepare Initial Study
Task 3a. Prepare Administrative Draft Initial Study
MIG will submit an Administrative Draft Initial Study/Mitigated Negative Declaration (IS/MND) for
review by the City.
The following explanation details each section of the IS:
Introduction – The Introduction section will describe the purpose and organization of the IS, the
need for the IS pursuant to CEQA Guidelines, and the intent of the document.
Project Description – The Project Description will serve as the basis for all subsequent analysis of
environmental impacts and thus is an essential chapter of the IS. The project description will
provide a thorough and comprehensive description of all aspects of the proposed project
including project purpose, design, construction and operation, project timing and duration, and
permits and approvals required for the project.
CEQA Checklist – MIG will describe physical changes to the environment that would result from
construction and operation of the project by answering the questions in the IS checklist
contained in Appendix G of the State CEQA Guidelines (14 CCR 15000 et seq). MIG anticipates
that the project impacts are primarily related to construction air quality and greenhouse gas
emissions, biological resources and tree removal, and adequate management of construction
and post‐construction stormwater runoff from the trail.
We anticipate our greatest level of effort will focus on the following areas of impact analysis: Air
Quality and Greenhouse Gas Emissions, Biological Resources, Cultural Resources, Hydrology /
Water Quality / Stormwater Management, Noise, and Traffic Safety. An outline of the approach
and potential impacts for each of these sections is included below.
Air Quality: The air quality impacts of the proposed project would be primarily
generated during the construction of the project. MIG proposes to prepare a clear and
concise air quality impact assessment that evaluates and quantifies the project’s
Ms. Evelyn Moran
CEQA Services for the Junipero Serra Trail Project
4MIG, Inc.
potential impacts in accordance with the Bay Area Air Quality Management District’s
(BAAQMD) CEQA Air Quality Guidelines. The analysis would focus on the amount of
emissions of criteria air pollutants (e.g., particulate matter, or PM, and oxides of
nitrogen, or NOx) and toxic air contaminants (TACs) that would be generated by project
construction and operation. MIG would use the California Emissions Estimator Model
(CalEEMod) to quantify project emissions and compare project emissions levels against
the latest CEQA significance thresholds recommended for use by the BAAQMD. MIG
anticipates the project would need to incorporate best management practices and/or
mitigation measures to reduce project construction emissions, particularly fugitive dust
emissions, to less than significant levels.
Biological Resources: The biological analysis in the Initial Study will be based on the
Biological Resources Report described under Task 2. It will state whether the proposed
project will impact special‐status species or sensitive habitats (including riparian and
wetland), interfere with wildlife movement, or conflict with policies protecting biological
resources. We will identify mitigation measures necessary to reduce the impacts to less
than significant levels, and if there are any impacts that would remain significant after
mitigation.
Cultural Resources/Tribal Resources: Basin Research Associates (Basin) will prepare an
Archaeological Resources Assessment Report that will identify resources within the
proposed project alignment. In addition, Basin will use information obtained on the
location, type, and distribution of any resources to assist in the review of potential
project impacts and the development of appropriate mitigation actions including the
evaluation of any potential resources identified by research. Specific tasks included in
Basin’s scope of work will include: (1) a non‐expedited records search of a 1,000‐foot
buffer of the proposed alignment to be conducted by the California Historical Resources
File System, Northwest Information Center; (2) a review of various published
compendiums including the National Register of Historic Places and California Register
of Historical Resources as well as archival literature and records on file with Basin; (3)
the development of a summary prehistoric and historic context; (4) a request to the
Native American Heritage Commission for a review of the Sacred Lands Inventory; (5)
outreach consultation with Native Americans recommended by the Native American
Heritage Commission; and, (6) a field review of the alignment by a professional
archaeologist. Basin will also be available on a very limited basis to assist the City with
any AB 52 consultation if required.
Greenhouse Gases: MIG would prepare an analysis that evaluates the proposed
project’s potential greenhouse gas (GHG) impacts. The analysis would evaluate whether
the proposed project would generate GHG emissions that would have a significant
impact on the environment or conflict with an applicable plan, policy, or regulation
adopted for the purposes of reducing GHG emissions, including the City’s adopted
Climate Action Plan. MIG will use CalEEMod to estimate (i.e., quantify) the net increase
in GHG emissions generated by the construction and operation of the proposed project
(the same model run would be used to estimate emissions for the proposed IS air
quality analysis). The resulting emissions estimates would be compared to CEQA
significance thresholds maintained by the BAAQMD, as well as a project specific GHG
emission reduction goal used to demonstrate progress toward the State’s 2030 GHG
emissions reduction goal established under Senate Bill 32 and evaluated in the context
Ms. Evelyn Moran
CEQA Services for the Junipero Serra Trail Project
5MIG, Inc.
of their consistency with state, regional, and local plans for reducing GHG emissions,
including the City’s Climate Action Plan.
Hydrology and Water Quality: Potential impacts to surface water quality could occur
both during and after construction without proper design and implementation of
erosion, stormwater runoff, and drainage controls. MIG will assess potential water
quality impacts related to construction and recommend best management practices or
mitigation measures if impacts are potentially significant. The analysis will include a
description of construction as well as post‐construction stormwater runoff controls. The
analysis assumes the project will comply with applicable provisions of the Municipal
Regional Stormwater Permit, statewide Construction General Permit, and City
regulations related to runoff pollution prevention, as well as any applicable Valley Water
requirements.
Noise: Project construction would generate short‐term construction noise and vibration
with most noise and vibration being generated during the grading/excavation phase of
the project. The site is adjacent to sensitive residential, school, and park land uses. The
project would adhere to the City’s noise ordinance to minimize noise impacts during
construction and additional mitigation may be recommended if the impact analysis
identifies potentially significant noise or vibration impacts to sensitive land uses.
Transportation: Hexagon Transportation Consultants, Inc. (Hexagon) will prepare an
analysis of pedestrian, bicycle, and vehicle safety effects for the proposed Junipero Serra
Trail. The scope of work is summarized below:
1. Roadway Interface. Potential conflict points with the trail and the following streets
will be reviewed: N. Blaney Avenue, Wolfe Road (Perimeter Road), and Vallco
Parkway. The study will identify how the crossings can be made safe for pedestrians
and bicycles at these streets and will recommend intersection improvements if
necessary. Any recommendations will be shown on conceptual plans.
2. Trail Access. A review will be conducted of the Junipero Sera Trail overview to
analyze potential trailheads and access points via existing bicycle facilities and/or
sidewalks. Available parking will be identified at the potential trailheads.
3. Reports and Response to Comments. Hexagon’s findings and recommendations will
be summarized in a draft report. Hexagon will respond to editorial comments and
prepare a final report.
4. Meetings. (optional) For an additional fee, Hexagon will attend one TAC meeting
and one public hearing with the project team and/or City staff in conjunction with
this study.
Additional Services. Any work not specifically referenced in the above cope of work –
for example (but not limited to) analyzing intersections, conducting turning‐movement
counts, collecting average daily traffic volume data (i.e., tube counts) – shall be
considered additional services. Additional services shall be provided upon authorization
and will require additional budget and time.
MIG’s cost estimate assumes there will be only one round of administrative review prior to
finalization of the IS/MND. If more administrative drafts are required, the cost of additional
time and materials will be subject to additional compensation and an amendment to the scope
Ms. Evelyn Moran
CEQA Services for the Junipero Serra Trail Project
6MIG, Inc.
of work. Additionally, the scope does not cover new or revised analysis needed to address
changes to the project after start of work.
Task Deliverables:
1. Draft and Final Pedestrian, Bicycle, and Vehicle Safety Analysis
2. Draft and Final Archaeology Report
3. Administrative Draft Initial Study (electronic copy only)
Task 3b. Prepare Public Draft Initial Study/Mitigated Negative Declaration
MIG will address any comments from the City on the Administrative Draft IS and then produce a Screen
Check document for final City approval. Once the Screen Check document is approved MIG will prepare
the Public Draft IS/MND for public circulation. MIG will provide the City with a PDF version so the City
can post it on the City’s website.
MIG will prepare the Notice of Intent (NOI) to Adopt the IS that the City can use to fulfill the public
noticing requirements of CEQA Guidelines Section 15072.MIG will also prepare a Notice of Completion
(NOC) and coordinate with the City to upload the document to the State Clearinghouse portal.
Task Deliverables:
1. Screen Check IS/MND (electronic copy)
2. Public Draft Initial Study / Mitigated Negative Declaration (electronic copy)
3. Prepare draft Notice of Intent and Notice of Completion
Task 3c. Prepare Final IS/MND, MMRP, and Notice of Determination
Following conclusion of the 30‐day public review period, MIG will prepare an Administrative Draft
Response to Comments that will contain a summary of all comments received during the public
comment period (with an alpha‐numeric ID for each individual comment), responses to comments, and
changes to the Draft IS text or errata as necessary. Because we anticipate this project may generate
public interest and comment, we have allocated 50 hours for this task. Should the volume of comments
received require more than 50 hours to reply to, or the comments necessitate additional project impact
analysis, MIG would request additional budget to complete the task. If only a small number of
comments are received MIG’s contract is a time and materials contract, and we would only bill the hours
spent on this task.
The Response to Comments will be provided as a draft to the City for review and comment. Upon
receipt of City comments, we will prepare a Screen Check document for approval, and then provide the
final document to the City.
Concurrent with the preparation of the Response to Comments, MIG will finalize the MMRP. The MMRP
will compile all BMPs and mitigation measures included in the IS to reduce or avoid significant impacts,
and will identify the timing of the measure, the entity responsible for implementing the measure, and
the method for verifying implementation of the measure.
MIG will also prepare a Notice of Determination for the City to finalize and submit to the County Clerk’s
office and the State Office of Planning and Research.
Task Deliverables:
1. Response to Comments and prepare Initial Study errata, draft, screen check and final (electronic
copies)
2. Final Mitigation Monitoring and Reporting Plan (electronic copy)
Ms. Evelyn Moran
CEQA Services for the Junipero Serra Trail Project
7MIG, Inc.
3. Notice of Determination (electronic copy)
Task 4: Attend Public Meetings/Hearings
The MIG Senior Project Manager will attend one remote TAC meeting and one remote community
meeting held by the City (estimated at 2 hours per meeting) and two remote public hearings. Eight
hours have been allocated for preparation and attendance at the public hearings (4 hours per meeting).
In addition to the public meetings and hearings, the MIG Senior Project Manager and Project Manager
will attend one remote CEQA Kickoff meeting with City staff, as described in Task 1 (estimated at 1 hr.)
Task 5: Project Management
The MIG Senior Project Manager will be the primary point of contact with the City and would keep the
City apprised of project progress. If issues arise that would affect the schedule or budget, the Senior
Project Manager would immediately inform the City and discuss the best approach to resolving issues.
MIG has allocated budget for subconsultant management, client communication, team conference calls,
and staff coordination to ensure we can communicate clearly and effectively. Additionally, this budget
covers implementing our quality control review process and administrative time for contracting.
Task 6: Resource Agency Permitting
Portions of the proposed trail are located within state resource agency jurisdictions, including the
Regional Water Quality Control Board (RWQCB), the California Department of Fish and Wildlife (CDFW),
and Valley Water. There is also a culvert alternative that will be described in the Biological Resources
Report that would trigger an additional permit from the U.S. Army Corps of Engineers (USACE) if that
alternative was pursued. MIG proposes to request an Interagency Meeting hosted by the USACE and
attended by the other resource agencies. We first prepare an application that describes the project so
the agency personnel can review it before the meeting. The City or MIG will then briefly present the
project in the meeting. The purpose of the meeting is to obtain informal comment from the resource
agencies about the project and permit requirements, including mitigation. We have included time for
teleconferences with the City before and after the meeting.
Prior to preparing the permit applications MIG will prepare a Jurisdictional Delineation and determine
the area of the project that is within each agency’s jurisdiction. We will then prepare the Notification of
Lake or Streambed Alteration for CDFW, a Notice of Intent for RWQCB, and an encroachment permit
application for Valley Water. The applications are submitted online, and the City will be responsible for
paying all permit fees directly.
In this scope of work and budget we have assumed that a Clean Water Act 404 permit from the USACE
will not be pursued. If it is, then we will request an amended budget to prepare a USACE Preliminary
Delineation of Waters of the U.S. and have it verified by the USACE, a Section 106 cultural resources
report, a biological assessment for impacts to federally listed species, the permit application, and permit
follow up. If a USACE permit is pursued it will change the RWQCB application from a Notice of Intent to a
401 Water Quality Certification (WQC), but the application materials are essentially the same. The
difference is that with a 401 WQC, a pre‐filing meeting with the RWQCB is required 30 days before the
application can be submitted, so there could be a schedule impact.
Ms. Evelyn Moran
CEQA Services for the Junipero Serra Trail Project
8MIG, Inc.
Once the permits are submitted MIG staff will follow up with the agencies on a regular basis and
respond to questions they have as they prepare the permits. MIG can prepare an estimated permit
schedule for the City at that time. The state agency permits cannot legally be issued until the CEQA
process is completed.
Schedule
An example schedule for work product deliverables is presented in Table 1. MIG proposes to submit the
Administrative Draft Initial Study (Task 2) for City review within 10 weeks from the start of work. The
Task 2 schedule is subject to change, depending on the timing of receipt of the subconsultants’ reports.
Our budget assumes completion of our work products within the period of time presented in the
schedule section of this scope of work. Extended delays or stopping and starting work multiple times can
lead to additional project administration/management time not anticipated in our budget. Should these
situations arise, we may request a budget amendment.
Table 1
Tentative Schedule for Deliverables
Task or Deliverable Weeks to Complete Total Weeks
0
Task 1: Initiate Project/Site Visit,
authorize subconsultants (Basin Research
Associates, Hexagon Transportation
Consultants) and Delivery of Data
Request
14 days from Authorization to Proceed 2
Tasks 2 and 3a: Prepare Technical
Reports and Administrative Draft IS) 10 weeks 12
City Review of Admin. Draft IS and
Technical Reports 4 weeks 16
Tasks 3b and 6: Prepare Public Draft IS
and Permit Applications ‐‐ ‐‐
Prepare Screen Check Document 1 week 17
City Review of Screen Check 1 week 18
Prepare Public Draft IS/MND 1 week 19
30‐day Public Review Period 30 days 23
Task 3c: Prepare Final IS/MND and City
review Permit Applications 2 weeks 25
City Review of Admin Draft Final IS/MND
and submit Permit Applications 2 weeks 27
Task 4: Public Hearing TBD TBD
Notice of Determination Filed
Must be filed within five working days after
Board adoption of MND and approval of the
project
Ms. Evelyn Moran
CEQA Services for the Junipero Serra Trail Project
9MIG, Inc.
Budget
MIG will perform the services outlined in this scope of work for the fees summarized in the cost table
below. The cost table is based on our understanding of the project and the limitations identified below
as factors triggering an increase in cost. If unforeseen conditions are encountered, or if we experience
delays or circumstances beyond our control, we will notify the City immediately to discuss modifications
to the scope of services and/or project fees.
We have included an Optional Contingency Budget which could be used to address unanticipated
situations during the CEQA process and would only be used with the City’s express authorization.
MIG will only bill up to the approved budget. We will not exceed the approved budget without prior
approval, however we reserve the right to exceed task budgets as long as the total budget is not
exceeded. With approval, additional services that are not outlined in this proposal will be charged on a
time‐and‐expense basis according to the Billing Rate included in MIG’s On Call service agreement with
the City. Payment for services shall be due upon receipt of MIG’s monthly invoice.
Table 2. Cost Estimate
Task
Total
Hours Total Cost
Task 1: Project Initiation 47 $7,030
Task 2: Biological Resources Report 86 $11,000
Task 3a: Prepare Draft Initial Study 234 $30,058
Task 3b: Prepare Public Draft Initial Study 49 $6,525
Task 3c: Final IS/MND, MMRP, CEQA Notices 60 $8,020
Task 4: Meetings and Hearings 38 $7,170
Task 5: Project Management 80 $13,200
Task 6. Resource Agency Permitting 198 $26,800
TOTAL MIG Labor Hrs. 792
TOTAL MIG Labor Cost $109,803
Total Expenses $13,887
Basin Research Associates $7,052
Hexagon Transportation Consultants $4,950
Printing/Postage/Fed Ex $1,733
Mileage $102
Noise meter $50
TOTAL MIG BASE COST (Labor + Exp) $123,690
Grand Total $123,690
Ms. Evelyn Moran
CEQA Services for the Junipero Serra Trail Project
10MIG, Inc.
Factors that Would Trigger an Increase in Cost
1. Meetings and Hearings. Our scope provides for attendance at one TAC meeting and one
community meeting held by the City (2 hours per meeting) two public hearings (4 hours each
including preparation and attendance time), one Interagency Meeting, and two conference calls
with City staff related to the Interagency Meeting. Attendance at additional public hearings or
other meetings would be subject to additional compensation. Preparation of any presentation
materials would also be subject to additional compensation.
2. Expense Estimates. Expense estimate includes mileage for the site visit. Should an unanticipated
expense arise, MIG will obtain authorization for the expense.
3. Permit Fees. The City will pay permit fees directly to the agencies. The budget does not include
permit fees.
3. Administrative Drafts. The cost estimate also assumes there will be only one round of
administrative review prior to finalization of the IS/MND, technical reports and permit
applications. If more administrative drafts are required, the cost of additional time and materials
will be subject to additional compensation and an amendment to the scope of work. We also
anticipate one consolidated set of comments from the City.
4. Project Information or Changes in Project. The scope does not cover new or revised analysis
needed to address changes to the project after start of work.
5. Other Technical Studies. Other than the Traffic Study and the Cultural Resources report, no
other technical reports are anticipated. Detailed air quality, GHG and noise analyses will be
prepared by MIG staff experts in‐house.
6. Public Notices and Filing. The scope of work assumes MIG will provide drafts of CEQA Notice of
Intent, Notice of Completion and Notice of Determination but that the City will file the notices
with the County Clerk’s Office. As stated under Task 3, the City will be responsible for posting
public notice consistent with CEQA requirements.
7. Hard Copies. We have not budgeted for the preparation of hard copy documents. If hard copies
are required, we may request a budget amendment.
8. Schedule Delay. Our budget assumes completion of our work products within the period of
time presented in the schedule section of this scope of work. Extended delays or stopping and
starting work multiple times can lead to additional project administration/management time
not anticipated in our budget. Should these situations arise, we may request a budget
amendment.
Thank you for contacting MIG for this scope of service. We welcome the opportunity to work with the
City of Cupertino again. If you have any questions regarding this proposal, please contact me at your
convenience.
Sincerely,
Mike Campbell
Director of Environmental Analysis
October 25, 2021
Evelyn Moran, Public Works Project Manager
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Subject: Supplemental Proposal for Junipero Serra Trail Ambient Noise Monitoring Memo
Dear Ms. Moran:
Thank you for asking MIG to prepare a supplemental scope of work for ambient noise
monitoring along the proposed Junipero Serra Trail in Cupertino, California. The
monitoring would be used to address community comments on noise levels stemming
from highway traffic, inform trail design from a noise perspective, and support the City’s
environmental review of the project. MIG’s understanding of the proposed project and
our supplemental scope of work is presented below.
Project Understanding
The Junipero Serra Trail was originally approved in 2016 as part of the City’s Bicycle
Transportation Plan and supplemented in 2018 with the City’s Pedestrian Transportation
Plan. The 2.91-mile trail is intended to be the northern segment of a larger community-
wide loop of on and off-street bicycle facilities (“The Loop”). The Junipero Serra Trail lies
almost entirely within Valley Water rights-of-way along the existing maintenance road
that follows the Junipero Serra Channel on the south side of Interstate 280 (I-280) from
Mary Avenue at the western extent to the intersection of Calabazas Creek and Vallco
Parkway at the eastern extent. The trail would create an important east-west off-street
trail across the heart of the City that serves recreational users, commuters, school
children, and bicyclists. The City’s current focus is on development of the central and
eastern segments of the trail, from DeAnza Boulevard on the west to the Calabazas
Creek Trailhead on the east.
The City’s General Plan Health and Safety Element identifies traffic noise, including I-280,
as the predominant noise source in the City. Traffic noise modeling conducted for the
City’s General Plan EIR in 2014 indicates I-280 traffic noise levels 100 feet from the center
of the highway are 81.8 CNEL dBA, not including barriers (City of Cupertino, 2014, Table
5.1-8). In general, I-280 includes a sound wall between De Anza Boulevard and North
Blaney Avenue and between Rosewood Road and the southbound I-280 Wolfe Road
off-ramp. There is an approximately 700-foot length of highway between North Blaney
Avenue and Rosewood Road where no barrier exists; however, there is a self-storage
facility that backs up to the creek channel approximately 50 feet from the edge of the
highway in this area. In addition, I-280 generally contains no sound wall south of Wolfe
Road. The City’s General Plan establishes 70 CNEL and 75 CNEL as the “normally
acceptable” and “normally unacceptable” noise limits for playgrounds and
neighborhood parks. The City’s municipal code does not establish standards for trail
projects when the trail is noise-receiving land use.
Ms. Evelyn Moran
Junipero Serra Trail Project Supplemental Ambient Noise Memo
2MIG, Inc.
The City has requested MIG prepare an evaluation of ambient noise levels to determine
what noise levels trail users would be exposed to, whether these noise levels would
warrant mitigation that needs to be included in the project design, what mitigation
options could be available to the City, and what constraints exist that could limit the
effectiveness and/or feasibility of different noise mitigation options. MIG’s memo will
focus on the collection of ambient noise data along the proposed trail alignment in
areas where Interstate 280 (I-280) barriers do and do not exist, as well areas of the
proposed trail alignment where noise was raised as a community concern. The ambient
noise monitoring results will be used to inform trail design from a noise perspective and
support the environmental review of the proposed project pursuant to the California
Environmental Quality Act (CEQA).
Scope of Work
We propose the following tasks for preparation of the supplemental ambient noise
monitoring effort:
Task 1. Conduct Ambient Noise Survey
Upon authorization to proceed, MIG will coordinate with the City and any necessary
property owners to conduct an ambient noise monitoring survey designed to
objectively measure and characterize ambient noise levels along the proposed trail
alignment. Per discussion with the City, the purpose of the ambient noise survey is to
collect accurate, objective, and meaningful ambient noise data in a timely manner.
Preliminarily, the proposed noise survey would include and consist of:
A site visit to review field conditions and determine appropriate exterior noise
monitoring locations.
Short-term measurements that would be attended by MIG. The purpose of the
short-term measurement is to observe noise levels along the proposed trail
alignment with a noise barrier, without a noise barrier, with varying grade
changes (e.g., below or at highway grade), and other factors (e.g., presence of
overpass/bridge, presence of adjacent building façades, etc.). MIG has
assumed this short-term measurement may last up to 4 hours.
Long-term measurements that would not be attended by MIG. Tentatively, MIG
anticipates coordinating with the City to select up to three long-term
measurement locations along the trail segment to capture 24-hour community
noise exposure level (CNEL) information for contextual purposes (i.e., comparison
to General Plan policies). Tentatively, sites would include locations near Lucille
Avenue, between De Anza Boulevard and Rosewood Drive, and south of Wolfe
Road. MIG has assumed unattended long-term noise measurements would last
up to 24-hours.
MIG would conduct the ambient noise survey with digital sound level meters that meet
American National Standards Institute requirements for a Type 1 integrating sound level
meter. Staff would calibrate each sound meter immediately before and after each
ambient noise monitoring session, and ambient noise levels would be continuously
collected over the sample period in a time resolution (e.g., 1-minute, 10-minute, 1-hour)
sufficient to characterize the ambient noise environment and capture short-term noise
events and increases in noise levels above typical background conditions. MIG staff
Ms. Evelyn Moran
Junipero Serra Trail Project Supplemental Ambient Noise Memo
3MIG, Inc.
would also document meteorological and other pertinent environmental factors that
occurred during the ambient noise survey.
Task 2. Process Ambient Noise Data
Following completion of the ambient noise survey, MIG will retrieve, download, QA/QC,
and process the data collected during the ambient noise survey. Specifically, MIG will
process the data to identify:
Highest and lowest measured 24-hour exterior community noise exposure level
(CNEL).
Other standard noise metrics, including instantaneous minimum (Lmin) and
maximum (Lmax) noise levels, hourly average noise levels (Leq 1-hour), and the
noise level exceeded 90% (L90), 50% (L50), 25% (L25), 8% (L08), and 2% (L02) of the
time.
MIG will compare processed noise data against applicable noise guidelines and
standards contained in the City’s General Plan and Municipal Code. MIG’s initial
research indicates the only potentially applicable standard may be the General Plan’s
noise and land use compatibility guidelines for playgrounds and neighborhood parks. If
needed, MIG will present additional information on appropriate standards for trail
projects, such as Caltrans’ guidance or standards from nearby jurisdictions.
Task 3. Identify Preliminary Noise Reduction Options
If the ambient noise monitoring survey indicates noise mitigation may be warranted for
the project, MIG will identify preliminary options for reducing noise exposure along the
trail alignment, such as barriers, berms, and other changes in trail grade. MIG will also
identity the preliminary range in noise reduction potentially achievable by mitigation
options, any general constraints for noise mitigation, and the logistical and technical
feasibility of mitigation options. MIG’s preliminary options for reducing noise will be
based on measured ambient noise data, observed field conditions and other empirical
data, professional experience with barrier design and installation, and literature
references. Such preliminary options for reducing noise levels are meant only to inform
the City of possible ways to reduce noise exposure along the trail route; additional
modeling, data collection, professional field surveys, or other site inspections may be
needed to confirm the feasibility and/or effectiveness of any preliminary options
identified by MIG. Preliminary options for reducing noise levels, therefore, shall not be
considered final recommendations or design-level details.
Task 4. Prepare Brief Technical Memorandum
MIG will prepare a brief technical memorandum summarizing the results of the ambient
noise survey and, if necessary, MIG’s preliminary options for reducing ambient noise
levels along the proposed central and eastern segments of the Junipero Serra Trail. To
complete this task within the schedule and budget information identified below, MIG
has assumed we will prepare one draft memorandum for review by the City and
respond to one round of comments from the City before finalizing the memorandum.
MIG has assumed up to three (3) total staff hours will be required to respond to
comments from the City.
Ms. Evelyn Moran
Junipero Serra Trail Project Supplemental Ambient Noise Memo
4MIG, Inc.
Schedule
MIG understands the ambient noise survey is necessary to further trail design. MIG will
schedule ambient noise monitoring within two weeks of the notice to proceed and will
complete the noise memo within four weeks of the notice to proceed. This schedule is
contingent on weather conditions appropriate for suitable ambient noise monitoring
data collection efforts.
Budget
MIG’s cost to prepare the ambient noise monitoring memo will be based on time and
materials up to the not to exceed cost of $4,682.00. Since the City has already
authorized up to $825 in costs for ambient noise monitoring (including labor, mileage,
and noise meter fees) as part of the CEQA review for the project, the additional cost to
complete the supplemental monitoring and memo is $3,857.
The cost for the supplemental ambient noise monitoring memo is based on our current
understanding of the project. If unforeseen conditions are encountered, or if we
experience delays or circumstances beyond our control, we will notify the City
immediately to discuss modifications to the scope of services and/or project fees.
MIG will only bill up to the approved budget. We will not exceed the approved budget
without prior approval. Payment for services shall be due upon receipt of MIG’s monthly
invoice.
Staffing
The following MIG staff would have primary responsibility for completing the
supplemental ambient noise memo:
Chris Dugan, Director of Air Quality, GHG, and Noise Services, would oversee
preparation of the noise monitoring and memo and regularly coordinate and
consult with the City on work progress. Chris has 15 years’ experience planning,
preparing, and managing environmental compliance documents required by
local, state, and federal regulations, including CEQA, the Occupational Safety
and Health Act, and local zoning / general plan requirements. As MIG’s Director
of Noise Services, he prepares plan- and project-level noise monitoring services,
evaluates pre- and post-project noise compliance with zoning standards,
general plan standards, and general quality of life standards, and presents noise
impact findings to decision-making bodies and community members.
Phil Gleason, Senior Analyst IV, would conduct field noise monitoring and assist
with the preparation of the noise monitoring memo. Phil has 6 years’ monitoring
construction and other noise sources and planning and preparing CEQA noise
impact analyses.
Ms. Evelyn Moran
Junipero Serra Trail Project Supplemental Ambient Noise Memo
5MIG, Inc.
*****
Thank you for contacting MIG for this scope of service. We welcome the opportunity to
work with the City of Cupertino again. If you have any questions regarding this
proposal, please contact me at your convenience.
Sincerely,
Mike Campbell
Director of Environmental Analysis
Junipero Serra Trail Project
Page 1 of 9 Professional/Consulting Contracts /Version: August 2021
PROFESSIONAL/CONSULTING SERVICES AGREEMENT
1. PARTIES
This Agreement is made by and between the City of Cupertino, a municipal corporation (“City”),
and MIG, Inc (“Contractor”), a Corporation for Junipero Serra Trail Project, and is effective on
the last date signed below (“Effective Date”).
2. SERVICES
Contractor agrees to provide the services and perform the tasks (“Services”) set forth in detail in
Scope of Services, attached here and incorporated as Exhibit A. Contractor further agrees to carry
out its work in compliance with any applicable local, State, or Federal order regarding COVID-19.
3. TIME OF PERFORMANCE
3.1 This Agreement begins on the Effective Date and ends on September 01, 2024 (“Contract
Time”), unless terminated earlier as provided herein. Contractor’s Services shall begin on the
effective date and shall be completed by September 01, 2024. The City’s appropriate department
head or the City Manager may extend the Contract Time through a written amendment to this
Agreement, provided such extension does not include additional contract funds. Extensions
requiring additional contract funds are subject to the City’s purchasing policy.
3.2 Schedule of Performance. Contractor must deliver the Services in accordance with the
Schedule of Performance, attached and incorporated here Exhibit B.
3.3 Time is of the essence for the performance of all the Services. Contractor must have
sufficient time, resources, and qualified staff to deliver the Services on time.
4. COMPENSATION
4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the
Services an amount that will based on actual costs but that will be capped so as not to exceed
$123,690.00 (“Contract Price”), based upon the scope of services in Exhibit A and the budget and
rates included in Exhibit C, Compensation attached and incorporated here. The maximum
compensation includes all expenses and reimbursements and will remain in place even if
Contractor’s actual costs exceed the capped amount. No extra work or payment is permitted
without prior written approval of City.
4.2 Invoices and Payments. Monthly invoices must state a description of the deliverable
completed and the amount due for the preceding month. Within thirty (30) days of completion of
Services, Contractor must submit a requisition for final and complete payment of costs and pending
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Page 2 of 9 Professional/Consulting Contracts /Version: August 2021
claims for City approval. Failure to timely submit a complete and accurate payment requisition
relieves City of any further payment or other obligations under the Agreement.
5. INDEPENDENT CONTRACTOR
5.1 Status. Contractor is an independent contractor and not an employee, partner, or joint
venture of City. Contractor is solely responsible for the means and methods of performing the
Services and for the persons hired to work under this Agreement. Contractor is not entitled to
health benefits, worker’s compensation, or other benefits from the City.
5.2 Contractor’s Qualifications. Contractor warrants on behalf of itself and its subcontractors
that they have the qualifications and skills to perform the Services in a competent and professional
manner and according to the highest standards and best practices in the industry.
5.3 Permits and Licenses. Contractor warrants on behalf of itself and its subcontractors that
they are properly licensed, registered, and/or certified to perform the Services as required by law
and have procured a City Business License, if required by the Cupertino Municipal Code.
5.4 Subcontractors. Only Contractor’s employees are authorized to work under this
Agreement. Prior written approval from City is required for any subcontractor, and the terms and
conditions of this Agreement will apply to any approved subcontractor.
5.5 Tools, Materials, and Equipment. Contractor will supply all tools, materials and
equipment required to perform the Services under this Agreement.
5.6 Payment of Benefits and Taxes. Contractor is solely responsible for the payment of
employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor
and any of its employees, agents, and subcontractors shall not have any claim under this Agreement
or otherwise against City for seniority, vacation time, vacation pay, sick leave, p ersonal time off,
overtime, health insurance, medical care, hospital care, insurance benefits, social security,
disability, unemployment, workers compensation or employee benefits of any kind. Contractor
shall be solely liable for and obligated to pay directly all applicable taxes, fees, contributions, or
charges applicable to Contractor’s business including, but not limited to, federal and state income
taxes. City shall have no obligation whatsoever to pay or withhold any taxes or benefits on behalf
of Contractor. Should any court, arbitrator, or administrative authority, including but not limited
to the California Public Employees Retirement System (PERS), the Internal Revenue Service or
the State Employment Development Division, determine that Contractor, or any of its employees,
agents, or subcontractors, is an employee for any purpose, then Contractor agrees to a reduction in
amounts payable under this Agreement, or to promptly remint to City any payments due by the
City as a result of such determination, so that the City’s total expenses under this Agreement are
not greater than they would have been had the determination not been made.
6. PROPRIETARY/CONFIDENTIAL INFORMATION
In performing this Agreement, Contractor may have access to private or confidential information
owned or controlled by the City, which may contain proprietary or confidential details the
disclosure of which to third parties may be damaging to City. Contractor shall hold in confidence
all City information provided by City to Contractor and use it only to perform this Agreement.
Junipero Serra Trail Project
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Contractor shall exercise the same standard of care to protect City information as a reasonably
prudent contractor would use to protect its own proprietary data.
7. OWNERSHIP OF MATERIALS
7.1 Property Rights. Any interest (including copyright interests) of Contractor in any product,
memoranda, study, report, map, plan, drawing, specification, data, record, document, or other
information or work, in any medium (collectively, “Work Product”), prepared by Contractor in
connection with this Agreement will be the exclusive property of the City upon completion of the
work to be performed hereunder or upon termination of this Agreement, to the extent requested by
City. In any case, no Work Product shall be shown to any third-party without prior written approval
of City.
7.2 Copyright. To the extent permitted by Title 17 of the U.S. Code, all Work Product arising
out of this Agreement is considered “works for hire” and all copyrights to the Work Product will
be the property of City. Alternatively, Contractor assigns to City all Work Product copyrights.
Contractor may use copies of the Work Product for promotion only with City’s written approval.
7.3 Patents and Licenses. Contractor must pay royalties or license fees required for authorized
use of any third party intellectual property, including but not limited to patented, trademarked, or
copyrighted intellectual property if incorporated into the Services or Work Product of this
Agreement.
7.4 Re-Use of Work Product. Unless prohibited by law and without waiving any rights, City
may use or modify the Work Product of Contractor or its sub-contractors prepared or created under
this Agreement, to execute or implement any of the following:
(a) The original Services for which Contractor was hired;
(b) Completion of the original Services by others;
(c) Subsequent additions to the original Services; and/or
(d) Other City projects.
7.5 Deliverables and Format. Contractor must provide electronic and hard copies of the Work
Product, on recycled paper and copied on both sides, except for one single-sided original.
8. RECORDS
Contractor must maintain complete and accurate accounting records relating to its performance in
accordance with generally accepted accounting principles. The records must include detailed
information of Contractor’s performance, benchmarks and deliverables, which must be available
to City for review and audit. The records and supporting documents must be kept separa te from
other records and must be maintained for four (4) years from the date of City’s final payment.
9. ASSIGNMENT
Contractor shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest
Junipero Serra Trail Project
Page 4 of 9 Professional/Consulting Contracts /Version: August 2021
therein, directly or indirectly, by operation of law or otherwise, without prior written consent of
City. Any attempt to do so will be null and void. Any changes related to the financial control or
business nature of Contractor as a legal entity is considered an assignment of the Agreement and
subject to City approval, which shall not be unreasonably withheld. Control means fifty percent
(50%) or more of the voting power of the business entity.
10. PUBLICITY / SIGNS
Any publicity generated by Contractor for the project under this Agreement, during the term of
this Agreement and for one year thereafter, will reference the City’s contributions in making the
project possible. The words “City of Cupertino” will be displayed in all pieces of publicity,
including flyers, press releases, posters, brochures, public service announcements, interviews and
newspaper articles. No signs may be posted, exhibited or displayed on or about City property,
except signage required by law or this Contract, without prior written approval from the City.
11. INDEMNIFICATION
11.1 To the fullest extent allowed by law, and except for losses caused by the sole and active
negligence or willful misconduct of City personnel, Contractor shall indemnify, defend and hold
harmless City, its City Council, boards and commissions, officers, official s, employees, agents,
servants, volunteers, and consultants (“Indemnitees”), through legal counsel acceptable to City,
from and against any and all liability, damages, claims, actions, causes of action, demands,
charges, losses, costs, and expenses (including attorney fees, legal costs, and expenses related to
litigation and dispute resolution proceedings) of every nature, arising directly or indirectly from
this Agreement or in any manner relating to any of the following:
(a) Breach of contract, obligations, representations, or warranties;
(b) Negligent or willful acts or omissions committed during performance of the Services;
(c) Personal injury, property damage, or economic loss resulting from the work or performance
of Contractor or its subcontractors or sub-subcontractors;
(d) Unauthorized use or disclosure of City’s confidential and proprietary Information;
(e) Claim of infringement or violation of a U.S. patent or copyright, trade secret, trademark,
or service mark or other proprietary or intellectual property rights of any third party.
11.2 Contractor must pay the costs City incurs in enforcing this provision. Contractor must
accept a tender of defense upon receiving notice from City of a third-party claim. At City’s request,
Contractor will assist City in the defense of a claim, dispute, or lawsuit arising out of this
Agreement.
11.3 Contractor’s duties under this section are not limited to the Contract Price, workers’
compensation payments, or the insurance or bond amounts required in the Agreement. Nothing in
the Agreement shall be construed to give rise to an implied right of indemnity in favor of
Contractor against City or any Indemnitee.
11.4. Contractor’s payments may be deducted or offset to cover any money the City lost due to a
claim or counterclaim arising out of this Agreement, a purchase order, or other transaction.
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11.5. Contractor agrees to obtain executed indemnity agreements with provisions identical to
those set forth here in this Section 11 from each and every subcontractor, or any other person o r
entity involved by, for, with, or on behalf of Contractor in the performance of this Agreement.
Failure of City to monitor compliance with these requirements imposes no additional obligations
on City and will in no way act as a waiver of any rights hereunder.
11.6. This Section 11 shall survive termination of the Agreement.
12. INSURANCE
Contractor shall comply with the Insurance Requirements, attached and incorporated here as
Exhibit D, and must maintain the insurance for the duration of the Agreement, or longer as
required by City. City will not execute the Agreement until City approves receipt of satisfactory
certificates of insurance and endorsements evidencing the type, amount, class of operations
covered, and the effective and expiration dates of coverage. Failure to comply with this provision
may result in City, at its sole discretion and without notice, purchasing insurance for Contractor
and deducting the costs from Contractor’s compensation or terminating the Agreement.
13. COMPLIANCE WITH LAWS
13.1 General Laws. Contractor shall comply with all local, state, and federal laws and
regulations applicable to this Agreement. Contractor will promptly notify City of changes in the
law or other conditions that may affect the Project or Contractor’s ability to perform. Contractor
is responsible for verifying the employment authorization of employees performing the Services,
as required by the Immigration Reform and Control Act.
13.2 Labor Laws. Contractor shall comply with all labor laws applicable to this Agreement. If
the Scope of Services includes a “public works” component, Contractor is required to comply with
prevailing wage laws under Labor Code Section 1720 and other labor laws.
13.3 Discrimination Laws. Contractor shall not discriminate on the basis of race, religious
creed, color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy,
age, sex, gender, sexual orientation, gender identity, Acquired-Immune Deficiency Syndrome
(AIDS), or any other protected classification. Contractor shall comply with all anti-discrimination
laws, including Government Code Sections 12900 and 11135, and Labor Code Sections 1735,
1777, and 3077.5. Consistent with City policy prohibiting harassment and discrimination,
Contractor understands that harassment and discrimination directed toward a job applicant, an
employee, a City employee, or any other person, by Contractor or its employees or sub-contractors
will not be tolerated. Contractor agrees to provide records and documentation to the City on
request necessary to monitor compliance with this provision.
13.4 Conflicts of Interest. Contractor shall comply with all conflict of interest laws applicable
to this Agreement and must avoid any conflict of interest. Contractor warrants that no public
official, employee, or member of a City board or commission who might have been involved in
the making of this Agreement, has or will receive a direct or indirect financial interest in this
Agreement, in violation of California Government Code Section 1090 et seq. Contractor may be
required to file a conflict of interest form if Contractor makes certain governmental decisions or
serves in a staff capacity, as defined in Section 18700 of Title 2 of the California Code of
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Regulations. Contractor agrees to abide by the City’s rules governing gifts to public officials and
employees.
13.5 Remedies. Any violation of Section 13 constitutes a material breach and may result in City
suspending payments, requiring reimbursements or terminating this Agreement. City reserves all
other rights and remedies available under the law and this Agreement, including the right to seek
indemnification under Section 11 of this Agreement.
14. PROJECT COORDINATION
City Project Manager. The City assigns Evelyn Moran as the City’s representative for all purposes
under this Agreement, with authority to oversee the progress and performance of the Scope of
Services. City reserves the right to substitute another Project manager at any time, and without
prior notice to Contractor.
Contractor Project Manager. Subject to City approval, Contractor assigns Mike Campbell as its
single Representative for all purposes under this Agreement, with authority to oversee the progress
and performance of the Scope of Services. Contractor’s Project manager is responsible for
coordinating and scheduling the Services in accordance with the Scope of Services and the Schedule
of Performance. Contractor must regularly update the City’s Project Manager about the progress
with the work or any delays, as required under the Scope of Services. City written approval is
required prior to substituting a new Representative.
15. ABANDONMENT OF PROJECT
City may abandon or postpone the Project or parts therefor at any time. Contractor will be
compensated for satisfactory Services performed through the date of abandonment, and will be
given reasonable time to assemble the work and close out the Services. With City’s pre-approval
in writing, the time spent in closing out the Services will be compensated up to a maximum of ten
percent (10%) of the total time expended to date in the performance of the Services.
16. TERMINATION
City may terminate this Agreement for cause or without cause at any time. Contractor will be paid
for satisfactory Services rendered through the date of termination, but final payment will not be
made until Contractor closes out the Services and delivers the Work Product.
17. GOVERNING LAW, VENUE, AND DISPUTE RESOLUTION
This Agreement is governed by the laws of the State of California. Any lawsuits filed related to
this Agreement must be filed with the Superior Court for the County of Santa Clara, State of
California. Contractor must comply with the claims filing requirements under the Government
Code prior to filing a civil action in court. If a dispute arises, Contractor must continue to provide
the Services pending resolution of the dispute. If the Parties elect arbitration, the arbitrator’s award
must be supported by law and substantial evidence and include detailed written findings of law
and fact.
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18. ATTORNEY FEES
If City initiates legal action, files a complaint or cross-complaint, or pursues arbitration, appeal, or
other proceedings to enforce its rights or a judgment in connection with this Agreement, the
prevailing party will be entitled to reasonable attorney fees and costs.
19. THIRD PARTY BENEFICIARIES
There are no intended third party beneficiaries of this Agreement.
20. WAIVER
Neither acceptance of the Services nor payment thereof shall constitute a waiver of any contract
provision. City’s waiver of a breach shall not constitute waiver of another provision or breach.
21. ENTIRE AGREEMENT
This Agreement represents the full and complete understanding of every kind or nature between
the Parties, and supersedes any other agreement(s) and understanding(s), either oral or written,
between the Parties. Any modification of this Agreement will be effective only if in writing and
signed by each Party’s authorized representative. No verbal agreement or implied covenant will
be valid to amend or abridge this Agreement. If there is any inconsistency between any term,
clause, or provision of the main Agreement and any term, clause, or provision of the attachments
or exhibits thereto, the terms of the main Agreement shall prevail and be controlling.
22. INSERTED PROVISIONS
Each provision and clause required by law for this Agreement is deemed to be included and will
be inferred herein. Either party may request an amendment to cure mistaken insertions or
omissions of required provisions. The Parties will collaborate to implement this Section, as
appropriate.
23. HEADINGS
The headings in this Agreement are for convenience only, are not a part of the Agreement and in
no way affect, limit, or amplify the terms or provisions of this Agreement.
24. SEVERABILITY/PARTIAL INVALIDITY
If any term or provision of this Agreement, or their application to a particular situation, is found
by the court to be void, invalid, illegal, or unenforceable, such term or provision shall remain in
force and effect to the extent allowed by such ruling. All other terms and provisions of this
Agreement or their application to specific situations shall remain in full force and effect. The
Parties agree to work in good faith to amend this Agreement to carry out its intent.
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25. SURVIVAL
All provisions which by their nature must continue after the Agreement expires or is terminated,
including the Indemnification, Ownership of Materials/Work Product, Records, Governing Law,
and Attorney Fees, shall survive the Agreement and remain in full force and effect.
26. NOTICES
All notices, requests and approvals must be sent in writing to the persons below, which will be
considered effective on the date of personal delivery or the date confirmed by a reputable overnight
delivery service, on the fifth calendar day after deposit in the United States Mail, postage prepaid,
registered or certified, or the next business day following electronic submission:
To City of Cupertino
Office of the City Manager
10300 Torre Ave.
Cupertino, CA 95014
Attention: Evelyn Moran
Email: evelynm@cupertino.org
To Contractor:
MIG, Inc
2055 Junction Ave., Suite 205
San Jose, CA 95131
Attention: Mike Campbell
Email: MCampbell@migcom.com
27. EXECUTION
The person executing this Agreement on behalf of Contractor represents and warrants that
Contractor has full right, power, and authority to enter into and carry out all actions contemplated
by this Agreement and that he or she is authorized to execute this Agreement, which constitutes a
legally binding obligation of Contractor. This Agreement may be executed in counterparts, each
one of which is deemed an original and all of which, taken together, constitute a single binding
instrument.
IN WITNESS WHEREOF, the parties have caused the Agreement to be executed.
CITY OF CUPERTINO CONTRACTOR
A Municipal Corporation
By By
Name Name
Title Title
Date Date
Paula Hartman
Principal
Sep 30, 2021
Paula Hartman
Sep 30, 2021
Assistant Director of Public Works - Operations
Jimmy Tan, P.E.
Junipero Serra Trail Project
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APPROVED AS TO FORM:
CHRISTOPHER D. JENSEN
Cupertino City Attorney
ATTEST:
KIRSTEN SQUARCIA
City Clerk
Date
Christopher D. Jensen
Sep 30, 2021
August 25, 2021
Evelyn Moran, Public Works Project Manager
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Subject: Proposal for CEQA Services – Junipero Serra Trail (MIG project 47606.01)
Dear Ms. Moran:
MIG is pleased to provide this scope of work and cost estimate for environmental services related to the
City’s proposed Junipero Serra Trail project. The following describes our understanding of the project
and presents our scope of work for CEQA services, including technical reports in biology, cultural
resources, and traffic safety
Project Understanding
The Junipero Serra Trail was originally approved in 2016 as part of the City’s Bicycle Transportation Plan
and supplemented in 2018 with the City’s Pedestrian Transportation Plan. The 2.91‐mile trail is intended
to be the northern segment of a larger community‐wide loop of on and off‐street bicycle facilities (“The
Loop”). The Junipero Serra Trail lies almost entirely within Valley Water rights‐of‐way along the existing
maintenance road that follows the Junipero Serra Channel on the south side of Interstate 280 from Mary
Avenue at the western extent to the intersection of Calabazas Creek and Vallco Parkway at the eastern
extent. The trail would create an important east‐west off‐street trail across the heart of the City that
serves recreational users, commuters, school children, and bicyclists. The focus of this scope of work is
on the CEQA review process for the central and eastern segments of the trail, from DeAnza Boulevard
on the west to the Calabazas Creek Trailhead on the east.
Approach
MIG assumes the project will qualify for an Initial Study/Mitigated Negative Declaration under CEQA and
will prepare an analysis of the project according to the CEQA Guidelines and City of Cupertino
requirements. We will use the Initial Study (IS) Checklist provided in Appendix G of the CEQA Guidelines.
The IS will contain a comprehensive project description, complete responses to the IS Checklist
questions, and recommendation of mitigation measures as necessary. MIG’s scope of work includes
preparation of response to public comments, a Mitigation Monitoring and Reporting Plan (MMRP)
should mitigation measures be incorporated into the project, and preparation of CEQA notices.
MIG’s scope of work also includes resource agency permitting as described in Task 6.
Because the trail alignment is likely located within areas of the City that are considered archaeologically
sensitive, MIG has teamed with Basin Research Associates, Inc. for the preparation of an archaeological
report that will serve as the basis for our analysis of potential cultural resource impacts. We are also
teaming with Hexagon Transportation Consultants for the preparation of Pedestrian, Bicycle and Vehicle
Safety Analysis.
Our scope of work is based on the following assumptions:
Exhibits A, B, & C
Ms. Evelyn Moran
CEQA Services for the Junipero Serra Trail Project
2MIG, Inc.
1. The City will conduct public outreach meetings which MIG CEQA staff will attend remotely.
2. Hexagon will prepare a Pedestrian, Bicycle, and Vehicle Safety Analysis as described below.
3. Basin research Associates, Inc. will prepare an archaeological report, described below, including
a California Historical Resource Information System (CHRIS) search with the Northwest
Information Center (NWIC) for known archaeological and historic resources within the local
vicinity of the project site. A Sacred Lands File (SLF) search will also be conducted with the
Native American Heritage Commission (NAHC) to identify potential cultural tribal resources in
the vicinity. Basin will send out letters on behalf of the City to any tribes identified by the NAHC.
Our budget does not include consultation with tribes.
4. MIG will prepare a stand‐alone Biological Resources Report that will be used for the CEQA
analysis and resource agency permits (Regional Water Quality Control Board, California
Department of Fish and Wildlife, Valley Water).
The project description prepared to support the environmental impact analysis will provide a thorough
description of the existing site conditions, all features of the proposed construction and design plans, all
planning actions required to permit the project, and a comprehensive list of Best Management Practices
or Standard Conditions of Approval that would be incorporated into the project to reduce
environmental impacts. The impact analysis will describe all potential impacts and recommend
mitigation measures as appropriate.
Because of the complexity of the project features, the site being located adjacent to the Junipero Serra
Channel, and the potential for agency permitting requirements, we have estimated a fair level of effort
to prepare this Initial Study. Additionally, our budget allocates 50 hours for response to comments as
the project may generate public interest and a significant number of comments. We have assumed that
there will be a 30‐day public comment period and the document will be sent to the State Clearinghouse
(SCH) (through e‐filing). We have also included twelve hours for the Senior Project Manager to attend
public meetings/hearings. Our approach assumes the City will be responsible for all CEQA noticing
requirements and distribution of the IS/MND.
Scope of Work
We propose the following tasks for preparation of the Initial Study:
Task 1. Project Initiation/Kickoff Meeting/Site Visit
Upon authorization to proceed, MIG will set up and participate in a project team kickoff meeting with
City staff to go over project goals and milestones, schedules, and other significant project issues.
Following the kickoff meeting, MIG will coordinate a site visit and prepare a data request. The site visit
will allow us to gain an understanding of the project context, to document project site conditions for the
project description and to document conditions of concern for the environmental analysis.
During this task MIG staff would prepare a comprehensive data request outlining the information
needed to support the Initial Study impact analysis. MIG would also begin to collect available project
information (documents, maps, reports, etc.).
Task Deliverables:
1. Kickoff meeting
2. Site Visit
3. Data Request (electronic copy only)
Ms. Evelyn Moran
CEQA Services for the Junipero Serra Trail Project
3MIG, Inc.
Task 2. Biological Resources Report
MIG biologists will prepare a biological resources technical report that will be an appendix to the Initial
Study and use that report to provide the biological setting and impact analysis in the Initial Study. The
report will be based on a site survey, database research, our knowledge of Cupertino and the West
Valley watersheds, and independent review of existing biological studies in the area.
The biological resources report will explain the physical and regulatory setting of the trail alignment.
This will include topography, water features, and vegetation types. We will explain which special‐status
species occur in the area, and whether suitable habitat for these species occurs on or adjacent to the
project. With in‐house expertise to delineate jurisdictional waters (including wetlands), we will identify
whether any water features on site fall within the jurisdiction of the California Department of Fish and
Wildlife (FGC 1600), Regional Water Quality Control Board (CWA 401 and Porter‐Cologne), or U.S. Army
Corps of Engineers (CWA 404). The biological resources report will be used as the basis for the
preparation of the memorandum on jurisdictional boundaries and permit requirements described in
Task 6.
The biological resources report will include an assessment of potential project impacts, including the
impacts and regulatory requirements of a culvert alternative that has been suggested by the
community. The analysis will address the CEQA checklist questions for biology.
Task 3. Prepare Initial Study
Task 3a. Prepare Administrative Draft Initial Study
MIG will submit an Administrative Draft Initial Study/Mitigated Negative Declaration (IS/MND) for
review by the City.
The following explanation details each section of the IS:
Introduction – The Introduction section will describe the purpose and organization of the IS, the
need for the IS pursuant to CEQA Guidelines, and the intent of the document.
Project Description – The Project Description will serve as the basis for all subsequent analysis of
environmental impacts and thus is an essential chapter of the IS. The project description will
provide a thorough and comprehensive description of all aspects of the proposed project
including project purpose, design, construction and operation, project timing and duration, and
permits and approvals required for the project.
CEQA Checklist – MIG will describe physical changes to the environment that would result from
construction and operation of the project by answering the questions in the IS checklist
contained in Appendix G of the State CEQA Guidelines (14 CCR 15000 et seq). MIG anticipates
that the project impacts are primarily related to construction air quality and greenhouse gas
emissions, biological resources and tree removal, and adequate management of construction
and post‐construction stormwater runoff from the trail.
We anticipate our greatest level of effort will focus on the following areas of impact analysis: Air
Quality and Greenhouse Gas Emissions, Biological Resources, Cultural Resources, Hydrology /
Water Quality / Stormwater Management, Noise, and Traffic Safety. An outline of the approach
and potential impacts for each of these sections is included below.
Air Quality: The air quality impacts of the proposed project would be primarily
generated during the construction of the project. MIG proposes to prepare a clear and
concise air quality impact assessment that evaluates and quantifies the project’s
Ms. Evelyn Moran
CEQA Services for the Junipero Serra Trail Project
4MIG, Inc.
potential impacts in accordance with the Bay Area Air Quality Management District’s
(BAAQMD) CEQA Air Quality Guidelines. The analysis would focus on the amount of
emissions of criteria air pollutants (e.g., particulate matter, or PM, and oxides of
nitrogen, or NOx) and toxic air contaminants (TACs) that would be generated by project
construction and operation. MIG would use the California Emissions Estimator Model
(CalEEMod) to quantify project emissions and compare project emissions levels against
the latest CEQA significance thresholds recommended for use by the BAAQMD. MIG
anticipates the project would need to incorporate best management practices and/or
mitigation measures to reduce project construction emissions, particularly fugitive dust
emissions, to less than significant levels.
Biological Resources: The biological analysis in the Initial Study will be based on the
Biological Resources Report described under Task 2. It will state whether the proposed
project will impact special‐status species or sensitive habitats (including riparian and
wetland), interfere with wildlife movement, or conflict with policies protecting biological
resources. We will identify mitigation measures necessary to reduce the impacts to less
than significant levels, and if there are any impacts that would remain significant after
mitigation.
Cultural Resources/Tribal Resources: Basin Research Associates (Basin) will prepare an
Archaeological Resources Assessment Report that will identify resources within the
proposed project alignment. In addition, Basin will use information obtained on the
location, type, and distribution of any resources to assist in the review of potential
project impacts and the development of appropriate mitigation actions including the
evaluation of any potential resources identified by research. Specific tasks included in
Basin’s scope of work will include: (1) a non‐expedited records search of a 1,000‐foot
buffer of the proposed alignment to be conducted by the California Historical Resources
File System, Northwest Information Center; (2) a review of various published
compendiums including the National Register of Historic Places and California Register
of Historical Resources as well as archival literature and records on file with Basin; (3)
the development of a summary prehistoric and historic context; (4) a request to the
Native American Heritage Commission for a review of the Sacred Lands Inventory; (5)
outreach consultation with Native Americans recommended by the Native American
Heritage Commission; and, (6) a field review of the alignment by a professional
archaeologist. Basin will also be available on a very limited basis to assist the City with
any AB 52 consultation if required.
Greenhouse Gases: MIG would prepare an analysis that evaluates the proposed
project’s potential greenhouse gas (GHG) impacts. The analysis would evaluate whether
the proposed project would generate GHG emissions that would have a significant
impact on the environment or conflict with an applicable plan, policy, or regulation
adopted for the purposes of reducing GHG emissions, including the City’s adopted
Climate Action Plan. MIG will use CalEEMod to estimate (i.e., quantify) the net increase
in GHG emissions generated by the construction and operation of the proposed project
(the same model run would be used to estimate emissions for the proposed IS air
quality analysis). The resulting emissions estimates would be compared to CEQA
significance thresholds maintained by the BAAQMD, as well as a project specific GHG
emission reduction goal used to demonstrate progress toward the State’s 2030 GHG
emissions reduction goal established under Senate Bill 32 and evaluated in the context
Ms. Evelyn Moran
CEQA Services for the Junipero Serra Trail Project
5MIG, Inc.
of their consistency with state, regional, and local plans for reducing GHG emissions,
including the City’s Climate Action Plan.
Hydrology and Water Quality: Potential impacts to surface water quality could occur
both during and after construction without proper design and implementation of
erosion, stormwater runoff, and drainage controls. MIG will assess potential water
quality impacts related to construction and recommend best management practices or
mitigation measures if impacts are potentially significant. The analysis will include a
description of construction as well as post‐construction stormwater runoff controls. The
analysis assumes the project will comply with applicable provisions of the Municipal
Regional Stormwater Permit, statewide Construction General Permit, and City
regulations related to runoff pollution prevention, as well as any applicable Valley Water
requirements.
Noise: Project construction would generate short‐term construction noise and vibration
with most noise and vibration being generated during the grading/excavation phase of
the project. The site is adjacent to sensitive residential, school, and park land uses. The
project would adhere to the City’s noise ordinance to minimize noise impacts during
construction and additional mitigation may be recommended if the impact analysis
identifies potentially significant noise or vibration impacts to sensitive land uses.
Transportation: Hexagon Transportation Consultants, Inc. (Hexagon) will prepare an
analysis of pedestrian, bicycle, and vehicle safety effects for the proposed Junipero Serra
Trail. The scope of work is summarized below:
1. Roadway Interface. Potential conflict points with the trail and the following streets
will be reviewed: N. Blaney Avenue, Wolfe Road (Perimeter Road), and Vallco
Parkway. The study will identify how the crossings can be made safe for pedestrians
and bicycles at these streets and will recommend intersection improvements if
necessary. Any recommendations will be shown on conceptual plans.
2. Trail Access. A review will be conducted of the Junipero Sera Trail overview to
analyze potential trailheads and access points via existing bicycle facilities and/or
sidewalks. Available parking will be identified at the potential trailheads.
3. Reports and Response to Comments. Hexagon’s findings and recommendations will
be summarized in a draft report. Hexagon will respond to editorial comments and
prepare a final report.
4. Meetings. (optional) For an additional fee, Hexagon will attend one TAC meeting
and one public hearing with the project team and/or City staff in conjunction with
this study.
Additional Services. Any work not specifically referenced in the above cope of work –
for example (but not limited to) analyzing intersections, conducting turning‐movement
counts, collecting average daily traffic volume data (i.e., tube counts) – shall be
considered additional services. Additional services shall be provided upon authorization
and will require additional budget and time.
MIG’s cost estimate assumes there will be only one round of administrative review prior to
finalization of the IS/MND. If more administrative drafts are required, the cost of additional
time and materials will be subject to additional compensation and an amendment to the scope
Ms. Evelyn Moran
CEQA Services for the Junipero Serra Trail Project
6MIG, Inc.
of work. Additionally, the scope does not cover new or revised analysis needed to address
changes to the project after start of work.
Task Deliverables:
1. Draft and Final Pedestrian, Bicycle, and Vehicle Safety Analysis
2. Draft and Final Archaeology Report
3. Administrative Draft Initial Study (electronic copy only)
Task 3b. Prepare Public Draft Initial Study/Mitigated Negative Declaration
MIG will address any comments from the City on the Administrative Draft IS and then produce a Screen
Check document for final City approval. Once the Screen Check document is approved MIG will prepare
the Public Draft IS/MND for public circulation. MIG will provide the City with a PDF version so the City
can post it on the City’s website.
MIG will prepare the Notice of Intent (NOI) to Adopt the IS that the City can use to fulfill the public
noticing requirements of CEQA Guidelines Section 15072.MIG will also prepare a Notice of Completion
(NOC) and coordinate with the City to upload the document to the State Clearinghouse portal.
Task Deliverables:
1. Screen Check IS/MND (electronic copy)
2. Public Draft Initial Study / Mitigated Negative Declaration (electronic copy)
3. Prepare draft Notice of Intent and Notice of Completion
Task 3c. Prepare Final IS/MND, MMRP, and Notice of Determination
Following conclusion of the 30‐day public review period, MIG will prepare an Administrative Draft
Response to Comments that will contain a summary of all comments received during the public
comment period (with an alpha‐numeric ID for each individual comment), responses to comments, and
changes to the Draft IS text or errata as necessary. Because we anticipate this project may generate
public interest and comment, we have allocated 50 hours for this task. Should the volume of comments
received require more than 50 hours to reply to, or the comments necessitate additional project impact
analysis, MIG would request additional budget to complete the task. If only a small number of
comments are received MIG’s contract is a time and materials contract, and we would only bill the hours
spent on this task.
The Response to Comments will be provided as a draft to the City for review and comment. Upon
receipt of City comments, we will prepare a Screen Check document for approval, and then provide the
final document to the City.
Concurrent with the preparation of the Response to Comments, MIG will finalize the MMRP. The MMRP
will compile all BMPs and mitigation measures included in the IS to reduce or avoid significant impacts,
and will identify the timing of the measure, the entity responsible for implementing the measure, and
the method for verifying implementation of the measure.
MIG will also prepare a Notice of Determination for the City to finalize and submit to the County Clerk’s
office and the State Office of Planning and Research.
Task Deliverables:
1. Response to Comments and prepare Initial Study errata, draft, screen check and final (electronic
copies)
2. Final Mitigation Monitoring and Reporting Plan (electronic copy)
Ms. Evelyn Moran
CEQA Services for the Junipero Serra Trail Project
7MIG, Inc.
3. Notice of Determination (electronic copy)
Task 4: Attend Public Meetings/Hearings
The MIG Senior Project Manager will attend one remote TAC meeting and one remote community
meeting held by the City (estimated at 2 hours per meeting) and two remote public hearings. Eight
hours have been allocated for preparation and attendance at the public hearings (4 hours per meeting).
In addition to the public meetings and hearings, the MIG Senior Project Manager and Project Manager
will attend one remote CEQA Kickoff meeting with City staff, as described in Task 1 (estimated at 1 hr.)
Task 5: Project Management
The MIG Senior Project Manager will be the primary point of contact with the City and would keep the
City apprised of project progress. If issues arise that would affect the schedule or budget, the Senior
Project Manager would immediately inform the City and discuss the best approach to resolving issues.
MIG has allocated budget for subconsultant management, client communication, team conference calls,
and staff coordination to ensure we can communicate clearly and effectively. Additionally, this budget
covers implementing our quality control review process and administrative time for contracting.
Task 6: Resource Agency Permitting
Portions of the proposed trail are located within state resource agency jurisdictions, including the
Regional Water Quality Control Board (RWQCB), the California Department of Fish and Wildlife (CDFW),
and Valley Water. There is also a culvert alternative that will be described in the Biological Resources
Report that would trigger an additional permit from the U.S. Army Corps of Engineers (USACE) if that
alternative was pursued. MIG proposes to request an Interagency Meeting hosted by the USACE and
attended by the other resource agencies. We first prepare an application that describes the project so
the agency personnel can review it before the meeting. The City or MIG will then briefly present the
project in the meeting. The purpose of the meeting is to obtain informal comment from the resource
agencies about the project and permit requirements, including mitigation. We have included time for
teleconferences with the City before and after the meeting.
Prior to preparing the permit applications MIG will prepare a Jurisdictional Delineation and determine
the area of the project that is within each agency’s jurisdiction. We will then prepare the Notification of
Lake or Streambed Alteration for CDFW, a Notice of Intent for RWQCB, and an encroachment permit
application for Valley Water. The applications are submitted online, and the City will be responsible for
paying all permit fees directly.
In this scope of work and budget we have assumed that a Clean Water Act 404 permit from the USACE
will not be pursued. If it is, then we will request an amended budget to prepare a USACE Preliminary
Delineation of Waters of the U.S. and have it verified by the USACE, a Section 106 cultural resources
report, a biological assessment for impacts to federally listed species, the permit application, and permit
follow up. If a USACE permit is pursued it will change the RWQCB application from a Notice of Intent to a
401 Water Quality Certification (WQC), but the application materials are essentially the same. The
difference is that with a 401 WQC, a pre‐filing meeting with the RWQCB is required 30 days before the
application can be submitted, so there could be a schedule impact.
Ms. Evelyn Moran
CEQA Services for the Junipero Serra Trail Project
8MIG, Inc.
Once the permits are submitted MIG staff will follow up with the agencies on a regular basis and
respond to questions they have as they prepare the permits. MIG can prepare an estimated permit
schedule for the City at that time. The state agency permits cannot legally be issued until the CEQA
process is completed.
Schedule
An example schedule for work product deliverables is presented in Table 1. MIG proposes to submit the
Administrative Draft Initial Study (Task 2) for City review within 10 weeks from the start of work. The
Task 2 schedule is subject to change, depending on the timing of receipt of the subconsultants’ reports.
Our budget assumes completion of our work products within the period of time presented in the
schedule section of this scope of work. Extended delays or stopping and starting work multiple times can
lead to additional project administration/management time not anticipated in our budget. Should these
situations arise, we may request a budget amendment.
Table 1
Tentative Schedule for Deliverables
Task or Deliverable Weeks to Complete Total Weeks
0
Task 1: Initiate Project/Site Visit,
authorize subconsultants (Basin Research
Associates, Hexagon Transportation
Consultants) and Delivery of Data
Request
14 days from Authorization to Proceed 2
Tasks 2 and 3a: Prepare Technical
Reports and Administrative Draft IS) 10 weeks 12
City Review of Admin. Draft IS and
Technical Reports 4 weeks 16
Tasks 3b and 6: Prepare Public Draft IS
and Permit Applications ‐‐ ‐‐
Prepare Screen Check Document 1 week 17
City Review of Screen Check 1 week 18
Prepare Public Draft IS/MND 1 week 19
30‐day Public Review Period 30 days 23
Task 3c: Prepare Final IS/MND and City
review Permit Applications 2 weeks 25
City Review of Admin Draft Final IS/MND
and submit Permit Applications 2 weeks 27
Task 4: Public Hearing TBD TBD
Notice of Determination Filed
Must be filed within five working days after
Board adoption of MND and approval of the
project
Ms. Evelyn Moran
CEQA Services for the Junipero Serra Trail Project
9MIG, Inc.
Budget
MIG will perform the services outlined in this scope of work for the fees summarized in the cost table
below. The cost table is based on our understanding of the project and the limitations identified below
as factors triggering an increase in cost. If unforeseen conditions are encountered, or if we experience
delays or circumstances beyond our control, we will notify the City immediately to discuss modifications
to the scope of services and/or project fees.
We have included an Optional Contingency Budget which could be used to address unanticipated
situations during the CEQA process and would only be used with the City’s express authorization.
MIG will only bill up to the approved budget. We will not exceed the approved budget without prior
approval, however we reserve the right to exceed task budgets as long as the total budget is not
exceeded. With approval, additional services that are not outlined in this proposal will be charged on a
time‐and‐expense basis according to the Billing Rate included in MIG’s On Call service agreement with
the City. Payment for services shall be due upon receipt of MIG’s monthly invoice.
Table 2. Cost Estimate
Task
Total
Hours Total Cost
Task 1: Project Initiation 47 $7,030
Task 2: Biological Resources Report 86 $11,000
Task 3a: Prepare Draft Initial Study 234 $30,058
Task 3b: Prepare Public Draft Initial Study 49 $6,525
Task 3c: Final IS/MND, MMRP, CEQA Notices 60 $8,020
Task 4: Meetings and Hearings 38 $7,170
Task 5: Project Management 80 $13,200
Task 6. Resource Agency Permitting 198 $26,800
TOTAL MIG Labor Hrs. 792
TOTAL MIG Labor Cost $109,803
Total Expenses $13,887
Basin Research Associates $7,052
Hexagon Transportation Consultants $4,950
Printing/Postage/Fed Ex $1,733
Mileage $102
Noise meter $50
TOTAL MIG BASE COST (Labor + Exp) $123,690
Grand Total $123,690
Ms. Evelyn Moran
CEQA Services for the Junipero Serra Trail Project
10MIG, Inc.
Factors that Would Trigger an Increase in Cost
1. Meetings and Hearings. Our scope provides for attendance at one TAC meeting and one
community meeting held by the City (2 hours per meeting) two public hearings (4 hours each
including preparation and attendance time), one Interagency Meeting, and two conference calls
with City staff related to the Interagency Meeting. Attendance at additional public hearings or
other meetings would be subject to additional compensation. Preparation of any presentation
materials would also be subject to additional compensation.
2. Expense Estimates. Expense estimate includes mileage for the site visit. Should an unanticipated
expense arise, MIG will obtain authorization for the expense.
3. Permit Fees. The City will pay permit fees directly to the agencies. The budget does not include
permit fees.
3. Administrative Drafts. The cost estimate also assumes there will be only one round of
administrative review prior to finalization of the IS/MND, technical reports and permit
applications. If more administrative drafts are required, the cost of additional time and materials
will be subject to additional compensation and an amendment to the scope of work. We also
anticipate one consolidated set of comments from the City.
4. Project Information or Changes in Project. The scope does not cover new or revised analysis
needed to address changes to the project after start of work.
5. Other Technical Studies. Other than the Traffic Study and the Cultural Resources report, no
other technical reports are anticipated. Detailed air quality, GHG and noise analyses will be
prepared by MIG staff experts in‐house.
6. Public Notices and Filing. The scope of work assumes MIG will provide drafts of CEQA Notice of
Intent, Notice of Completion and Notice of Determination but that the City will file the notices
with the County Clerk’s Office. As stated under Task 3, the City will be responsible for posting
public notice consistent with CEQA requirements.
7. Hard Copies. We have not budgeted for the preparation of hard copy documents. If hard copies
are required, we may request a budget amendment.
8. Schedule Delay. Our budget assumes completion of our work products within the period of
time presented in the schedule section of this scope of work. Extended delays or stopping and
starting work multiple times can lead to additional project administration/management time
not anticipated in our budget. Should these situations arise, we may request a budget
amendment.
Thank you for contacting MIG for this scope of service. We welcome the opportunity to work with the
City of Cupertino again. If you have any questions regarding this proposal, please contact me at your
convenience.
Sincerely,
Mike Campbell
Director of Environmental Analysis
Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts
1
Form Updated Sept. 2019
Consultant shall procure prior to commencement of Services and maintain for the duration of the contract,
at its own cost and expense, the following insurance policies and coverage with companies doing business in
California and acceptable to City.
INSURANCE POLICIES AND MINIMUMS REQUIRED
1. Commercial General Liability (CGL) for bodily injury, property damage, personal injury liability for
premises operations, products and completed operations, contractual liability, and personal and
advertising injury with limits no less than $2,000,000 per occurrence (ISO Form CG 00 01). If a
general aggregate limit applies, either the general aggregate limit shall apply separately to this
project/location (ISO Form CG 25 03 or 25 04) or it shall be twice the required occurrence limit.
a. It shall be a requirement that any available insurance proceeds broader than or in excess of the
specified minimum insurance coverage requirements and/or limits shall be made available to the
Additional Insured and shall be (i) the minimum coverage/limits specified in this agreement; or (ii) the
broader coverage and maximum limits of coverage of any insurance policy, whichever is greater.
b. Additional Insured coverage under Consultant's policy shall be "primary and non-contributory,"
will not seek contribution from City’s insurance/self-insurance, and shall be at least as broad as ISO
Form CG 20 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 self-
insurance shall be called upon to protect City as a named insured.
2. Automobile Liability: ISO CA 00 01 covering any auto (including owned, hired, and non-owned
autos) with limits no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: As required by the State of California, with Statutory Limits and
Employer’s Liability Insurance of no less than $1,000,000 per occurrence for bodily injury or disease.
Not required. Consultant has provided written verification of no employees.
4. Professional Liability for professional acts, errors and omissions, as appropriate to Consultant’s
profession, with limits no less than $2,000,000 per occurrence or $2,000,000 aggregate. If written on a
claims made form:
a. The Retroactive Date must be shown and must be before the Effective Date of the Contract.
b. Insurance must be maintained for at least five (5) years after completion of the Services.
c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form
with a Retroactive Date prior to the Contract Effective Date, the Consultant must purchase
“extended reporting” coverage for a minimum of five (5) years after completion of the Services.
EXHIBIT D
Insurance Requirements
Design Professionals & Consultants Contracts
Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts
2
Form Updated Sept. 2019
OTHER INSURANCE PROVISIONS
The aforementioned insurance shall be endorsed and have all the following conditions and provisions:
Additional Insured Status
The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers
(“Additional Insureds”) are to be covered as additional insureds on Consultant’s CGL and automobile
liability policies. General Liability coverage can be provided in the form of an endorsement to Consultant’s
insurance (at least as broad as ISO Form CG 20 10 (11/ 85) or both CG 20 10 and CG 20 37 forms, if later
editions are used).
Primary Coverage
Coverage afforded to City/Additional Insureds shall be primary insurance. Any insurance or self-insurance
maintained by City, its officers, officials, employees, or volunteers shall be excess of Consultant’s insurance
and shall not contribute to it.
Notice of Cancellation
Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written
notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums.
Waiver of Subrogation
Consultant waives any right to subrogation against City/Additional Insureds for recovery of damages to the
extent said losses are covered by the insurance policies required herein. Specifically, the Workers’
Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed
by Consultant, its employees, agents and subconsultants. This provision applies regardless of whether or not
the City has received a waiver of subrogation endorsement from the insurer.
Deductibles and Self-Insured Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At City’s option, either:
the insurer must reduce or eliminate the deductible or self-insured retentions as respects the City/Additional
Insureds; or Consultant must show proof of ability to pay losses and costs related investigations, claim
administration and defense expenses. The policy shall provide, or be endorsed to provide, that the self-insured
retention may be satisfied by either the insured or the City.
Acceptability of Insurers
Insurers must be licensed to do business in California with an A.M. Best Rating of A-VII, or better.
Verification of Coverage
Consultant must furnish acceptable insurance certificates and mandatory endorsements (or copies of the policies
effecting the coverage required by this Contract), and a copy of the Declarations and Endorsement Page of the
CGL policy listing all policy endorsements prior to commencement of the Contract. City retains the right to
demand verification of compliance at any time during the Contract term.
Subconsultants
Consultant shall require and verify that all subconsultants maintain insurance that meet the requirements of
this Contract, including naming the City as an additional insured on subconsultant’s insurance policies.
Higher Insurance Limits
If Consultant maintains broader coverage and/or higher limits than the minimums shown above, City shall be
entitled to coverage for the higher insurance limits maintained by Consultant.
Adequacy of Coverage
City reserves the right to modify these insurance requirements/coverage based on the nature of the risk, prior
experience, insurer or other special circumstances, with not less than ninety (90) days prior written notice.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A :
NAIC #
NAME:CONTACT
(A/C, No):FAX
E-MAILADDRESS:
PRODUCER
(A/C, No, Ext):PHONE
INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
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.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD
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.
$
$
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)
COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOSAUTOS ONLY
NON-OWNED
SCHEDULEDOWNED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
EROTH-STATUTEPER
LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR
CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE
DAMAGE TO RENTED $PREMISES (Ea occurrence)
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY PRO-JECT LOC
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
9/8/2021
AssuredPartners Design Professionals Insurance Services,LLC
3697 Mt.Diablo Blvd Suite 230
Lafayette CA 94549
The Certfiicate Team
CertsDesignPro@AssuredPartners.com
License#:6003745 Berkley Insurance Company 32603
MIGINC0-01 Travelers Property Casualty Company of America 25674MIG,Inc.
800 Hearst Ave
Berkeley CA 94710
The Travelers Indemnity Company of Connecticut 25682
402484319
B X 1,000,000
X 1,000,000
X Contractual Liab 10,000
Included 1,000,000
2,000,000
X X
Y Y 6801H899998 8/31/2021 8/31/2022
2,000,000
C 1,000,000
X
X X
Y Y BA0S579947 8/31/2021 8/31/2022
B X X 10,000,000YCUP0H7587628/31/2021Y 8/31/2022
10,000,000
X 0
B XYUB2L5539098/31/2021 8/31/2022
1,000,000
1,000,000
1,000,000
A Professional Liability N Y AEC904725003 8/31/2021 8/31/2022 Each Claim
Annual Aggregate
$3,000,000
$5,000,000
Umbrella Liability policy is a follow-form underlying General Liability/Auto Liability/Employers Liability.
Re:Cupertino Junipero Serra Trail Project
The City of Cupertino,its City Council,officers,officials,employees,agents,servants and volunteers are named as an additional insured as respects general
liability and auto liability as required per written contract or agreement.General Liability is Primary/Non-Contributory per policy form wording.Insurance
coverage includes waiver of subrogation per the attached endorsement(s).
30 Days Notice of Cancellation
City of Cupertino
10300 Torre Ave.
Cupertino CA 95014
ÐÑÔ×ÝÇÒËÓÞÛÎ
COMMERCIAL GENERAL LIABILITY
ISSUED DATE:
ÌØ×ÍÛÒÜÑÎÍÛÓÛÒÌÝØßÒÙÛÍÌØÛÐÑÔ×ÝÇòÐÔÛßÍÛÎÛßÜ×ÌÝßÎÛÚËÔÔÇò
̸·»²¼±®»³»²¬³±¼·º·»·²«®¿²½»°®±ª·¼»¼«²¼»®¬¸»º±´´±©·²¹æ
ÝÑÓÓÛÎÝ×ßÔÙÛÒÛÎßÔÔ×ßÞ×Ô×ÌÇÝÑÊÛÎßÙÛÐßÎÌ
øײº±®³¿¬·±²®»¯«·®»¼¬±½±³°´»¬»¬¸·Í½¸»¼«´»ô·º²±¬¸±©²¿¾±ª»ô©·´´¾»¸±©²·²¬¸»Ü»½´¿®¿¬·±²ò÷
Í»½¬·±²×× É¸±×߲ײ«®»¼·¿³»²¼»¼¬±·²ó ̸··²«®¿²½»¼±»²±¬¿°°´§¬±þ¾±¼·´§·²¶«®§þ±®
½´«¼»¿¿²¿¼¼·¬·±²¿´·²«®»¼¬¸»°»®±²ø÷±® þ°®±°»®¬§¼¿³¿¹»þ±½½«®®·²¹ô±®°»®±²¿´·²¶«®§Œ
±®¹¿²·¦¿¬·±²ø÷¸±©²·²¬¸»Í½¸»¼«´»ô¾«¬±²´§ ±®¿¼ª»®¬··²¹·²¶«®§Œ¿®··²¹±«¬±º¿²±ºº»²»
©·¬¸®»°»½¬¬±´·¿¾·´·¬§º±®þ¾±¼·´§·²¶«®§þôþ°®±°»®¬§ ½±³³·¬¬»¼ô¿º¬»®æ
¼¿³¿¹»þôþ°»®±²¿´·²¶«®§Œ±®¿¼ª»®¬··²¹·²¶«®§þ ß´´©±®µô·²½´«¼·²¹³¿¬»®·¿´ô°¿®¬±®»¯«·°ó½¿«»¼ô·²©¸±´»±®·²°¿®¬ô¾§æ ³»²¬º«®²·¸»¼·²½±²²»½¬·±²©·¬¸«½¸©±®µô
DZ«®¿½¬±®±³··±²å±®±²¬¸»°®±¶»½¬ø±¬¸»®¬¸¿²»®ª·½»ô³¿·²¬»ó
²¿²½»±®®»°¿·®÷¬±¾»°»®º±®³»¼¾§±®±²Ì¸»¿½¬±®±³··±²±º¬¸±»¿½¬·²¹±²§±«®¾»¸¿´º±º¬¸»¿¼¼·¬·±²¿´·²«®»¼ø÷¿¬¬¸»´±½¿ó¾»¸¿´ºå ¬·±²±º¬¸»½±ª»®»¼±°»®¿¬·±²¸¿¾»»²½±³ó·²¬¸»°»®º±®³¿²½»±º§±«®±²¹±·²¹±°»®¿¬·±²º±®°´»¬»¼å±®¬¸»¿¼¼·¬·±²¿´·²«®»¼ø÷¿¬¬¸»´±½¿¬·±²ø÷¼»·¹ó ̸¿¬°±®¬·±²±ºþ§±«®©±®µþ±«¬±º©¸·½¸¬¸»²¿¬»¼¿¾±ª»ò ·²¶«®§±®¼¿³¿¹»¿®·»¸¿¾»»²°«¬¬±·¬·²óÉ·¬¸®»°»½¬¬±¬¸»·²«®¿²½»¿ºº±®¼»¼¬±¬¸»»¬»²¼»¼«»¾§¿²§°»®±²±®±®¹¿²·¦¿¬·±²¿¼¼·¬·±²¿´·²«®»¼ô¬¸»º±´´±©·²¹¿¼¼·¬·±²¿´»¨½´«ó ±¬¸»®¬¸¿²¿²±¬¸»®½±²¬®¿½¬±®±®«¾½±²¬®¿½ó·±²¿°°´§æ ¬±®»²¹¿¹»¼·²°»®º±®³·²¹±°»®¿¬·±²º±®¿
°®·²½·°¿´¿¿°¿®¬±º¬¸»¿³»°®±¶»½¬ò
ݱ°§®·¹¸¬îððë̸»Í¬òп«´Ì®¿ª»´»®Ý±³°¿²·»ôײ½òß´´®·¹¸¬®»»®ª»¼ò п¹»ï±ºï
ײ½´«¼»½±°§®·¹¸¬»¼³¿¬»®·¿´±º×²«®¿²½»Í»®ª·½»Ñºº·½»ôײ½ò©·¬¸·¬°»®³··±²ò
Any person or organization that you agree in a written contract, on this Coverage Part, provided
that such written contract was signed and executed by you before, and is in effect when the
"bodily injury" or "property damage" occurs or the "personal injury" or "advertising injury" offense
is committed.
Any project to which an applicable written contract with the described in the Name of
Additional Insured Person(s) or Organization(s) section of this Schedule applies.
6801H899998 9/8/2021
ÐÑÔ×ÝÇÒËÓÞÛÎæ
COMMERCIAL GENERAL LIABILITY
ISSUED DATE:
ÌØ×ÍÛÒÜÑÎÍÛÓÛÒÌÝØßÒÙÛÍÌØÛÐÑÔ×ÝÇòÐÔÛßÍÛÎÛßÜ×ÌÝßÎÛÚËÔÔÇò
̸·»²¼±®»³»²¬³±¼·º·»·²«®¿²½»°®±ª·¼»¼«²¼»®¬¸»º±´´±©·²¹æ
ÝÑÓÓÛÎÝ×ßÔÙÛÒÛÎßÔÔ×ßÞ×Ô×ÌÇÝÑÊÛÎßÙÛÐßÎÌ
ײº±®³¿¬·±²®»¯«·®»¼¬±½±³°´»¬»¬¸·Í½¸»¼«´»ô·º²±¬¸±©²¿¾±ª»ô©·´´¾»¸±©²·²¬¸»Ü»½´¿®¿¬·±²ò
·¿³»²¼»¼¬±·²ó ´±½¿¬·±²¼»·¹²¿¬»¼¿²¼¼»½®·¾»¼·²¬¸»½¸»¼«´»±º
½´«¼»¿¿²¿¼¼·¬·±²¿´·²«®»¼¬¸»°»®±²ø÷±®±®ó ¬¸·»²¼±®»³»²¬°»®º±®³»¼º±®¬¸¿¬¿¼¼·¬·±²¿´·²ó
¹¿²·¦¿¬·±²ø÷¸±©²·²¬¸»Í½¸»¼«´»ô¾«¬±²´§©·¬¸ «®»¼¿²¼·²½´«¼»¼·²¬¸»þ°®±¼«½¬ó½±³°´»¬»¼±°»®¿ó
®»°»½¬¬±´·¿¾·´·¬§º±®þ¾±¼·´§·²¶«®§þ±®þ°®±°»®¬§¼¿³ó ¬·±²¸¿¦¿®¼þò
¿¹»þ½¿«»¼ô·²©¸±´»±®·²°¿®¬ô¾§þ§±«®©±®µþ¿¬¬¸»
×ÍÑЮ±°»®¬·»ôײ½òôîððì п¹»ï±ºï
Any person or organization that you agree in a written contract to include as an additional
insured on this Coverage Part for "bodily injury" or "property damage" included in the "products-
completed operations hazard", provided that such contract was signed and executed by you
before, and is in effect when, the bodily injury or property damage occurs.
Any project to which an applicable contract described in the Name of Additional
Insured Person(s) or Organization(s) section of this Schedule applies.
9/8/20216801H899998
COMMERCIAL GENERAL LIABILITY
c. Method Of Sharing
If all of the other insurance permits contribution
by equal shares, we will follow this method also.
Under this approach each insurer contributes
equal amounts until it has paid its applicable
limit of insurance or none of the loss remains,
whichever comes first.
If any of the other insurance does not permit
contribution by equal shares, we will contribute
by limits. Under this methoo, each insurer's
share is based on the ratio of its applicable limit
of insurance to the total applicable limits of
insurance of all insurers.
d. Primary And Non-Contributory Insurance If
Required By Written Contract
If you specifically agree in a written contract or
agreement that the insurance afforded to an
insured under this Coverage Part must apply on
a primary basis, or a primary and non-
contributory basis. this insurance is primary to
other insurance that is available to such insured
which covers such insured as a named insured,
and we will not share with that other insurance,
provided that:
(1) The "bodily injury'' or "property damage" for
which coverage is sought occurs; and
(2) The "personal and advertising injury" for
which coverage is sought is caused by an
offense that is committed;
subsequent to the signing of that contract or
agreement by you.
5. Premium Audit
a. We will compute all premiums for this Coverage
Part in accordance with our rules and rates.
b. Premium shown in this Coverage Part as
advance premium is a deposit premium only. At
the close of each audit perioo we will compute
the earned premium for that period and send
notice to the first Named Insured. The due date
for audit and retrospective premiums is the date
shown as the due date on the bill. If the sum of
the advance and audit premiums paid for the
policy period is greater than the earned
premium, we will return the excess to the first
Named Insured.
c. The first Named Insured must keep records of
the information we need for premium
computation , and send us copies at such times
as we may request.
6. Representations
By accepting this policy, you agree:
a. The statements in the Declarations are
accurate and complete;
b. Those statements are based upon
representations you made to us; and
c. We have issued this policy in reliance upon
your representations.
The unintentional omission of, or unintentional error
in, any information provided by you which we relied
upon in issuing this policy will not prejudice your
rights under this insurance. However, this provision
does not affect our right to collect additional
premium or to exercise our rights of cancellation or
nonrenewal in accordance with applicable insurance
laws or regulations.
7. Separation Of Insureds
Except with respect to the Limits of Insurance, and
any rights or duties specifically assigned in this
Coverage Part to the first Named Insured, this
insurance applies:
a. As if each Named Insured were the only
Named Insured; and
b. Separately to each insured against whom claim
is made or "suit" is brought.
8. Transfer Of Rights Of Recovery Against Others
To Us
If the insured has rights to recover all or part of any
payment we have made under this Coverage Part,
those rights are transferred to us. The insured must
do nothing after loss to impair them. At our request,
the insured will bring "suit" or transfer those rights
to us and help us enforce them.
9. When We Do Not Renew
If we decide not to renew this Coverage Part, we will
mail or deliver to the first Named Insured shown in
the Declarations written not ice of the nonrenewal
not less than 30 days before the expiration date.
If notice is mailed, proof of mailing will be sufficient
proof of notice.
SECTION V -DEFINITIONS
1. "Advertisement" means a notice that is broadcast or
published to the general public or specific market
segments about your goods, products or services
for the purpose of attracting customers or
supporters. For the purposes of this definition:
a. Notices that are published include material
placed on the Internet or on similar electronic
means of communication; and
b. Regarding websites, only that part of a website
that is about your goods, prooucts or services
for the purposes of attracting customers or
supporters is considered an advertisement.
Page 16 of 21 © 2017 The Travelers Indemnity Company. All rights reserved. CG T1000219
Includes copyrighted material of Insurance Services Office, Inc. with its permiss ion.
Policy #6801H899998
6801H8999986801H899998
COMMERCIAL GENERAL LIABILITY
that is available to any of your "employees"occupational therapist or occupational
for "bodily injury" that arises out of providingtherapy assistant, physical therapist or
or failing to provide "incidental medicalspeech-language pathologist; or
services" to any person to the extent not(b)First aid or "Good Samaritan services"subject to Paragraph 2.a.(1)of Section II –by any of your "employees" or "volunteer Who Is An Insured.workers", other than an employed or
volunteer doctor. Any such "employees"K. MEDICAL PAYMENTS – INCREASED LIMIT
or "volunteer workers" providing or failing The following replaces Paragraph 7.ofto provide first aid or "Good Samaritan SECTION III – LIMITS OF INSURANCE:services" during their work hours for you
7.Subject to Paragraph 5.above, the Medicalwill be deemed to be acting within the
scope of their employment by you or Expense Limit is the most we will pay under
performing duties related to the conduct Coverage C for all medical expenses
of your business.because of "bodily injury" sustained by any
one person, and will be the higher of:3.The following replaces the last sentence of
Paragraph 5.of SECTION III – LIMITS OF a.$10,000; orINSURANCE:
b.The amount shown in the Declarations ofFor the purposes of determining the this Coverage Part for Medical Expenseapplicable Each Occurrence Limit, all related Limit.acts or omissions committed in providing or
failing to provide "incidental medical L. AMENDMENT OF EXCESS INSURANCE
services", first aid or "Good Samaritan CONDITION – PROFESSIONAL LIABILITYservices" to any one person will be deemed The following is added to Paragraph 4.b.,to be one "occurrence".Excess Insurance, of SECTION IV –4.The following exclusion is added to COMMERCIAL GENERAL LIABILITYParagraph2.,Exclusions, of SECTION I –CONDITIONS:
COVERAGES – COVERAGE A – BODILY This insurance is excess over any of the otherINJURY AND PROPERTY DAMAGE insurance, whether primary, excess, contingentLIABILITY:or on any other basis, that is ProfessionalSale Of Pharmaceuticals Liability or similar coverage, to the extent the
"Bodily injury" or "property damage" arising loss is not subject to the professional services
out of the violation of a penal statute or exclusion of Coverage A or Coverage B.
ordinance relating to the sale of M. BLANKET WAIVER OF SUBROGATION –pharmaceuticals committed by, or with the WHEN REQUIRED BY WRITTEN CONTRACTknowledge or consent of the insured.OR AGREEMENT5.The following is added to the DEFINITIONS The following is added to Paragraph 8.,TransferSection:
Of Rights Of Recovery Against Others To Us,"Incidental medical services" means:of SECTION IV – COMMERCIAL GENERAL
a.Medical, surgical, dental, laboratory, x-LIABILITY CONDITIONS:
ray or nursing service or treatment,If the insured has agreed in a written contract oradvice or instruction, or the related agreement to waive that insured's right offurnishing of food or beverages; or recovery against any person or organization, we
b.The furnishing or dispensing of drugs or waive our right of recovery against such personmedical, dental, or surgical supplies or or organization, but only for payments we makeappliances.because of:
6.The following is added to Paragraph 4.b.,a."Bodily injury" or "property damage" thatExcess Insurance, of SECTION IV –occurs; orCOMMERCIAL GENERAL LIABILITY
b."Personal and advertising injury" caused byCONDITIONS:
an offense that is committed;This insurance is excess over any valid and
subsequent to the signing of that contract orcollectible other insurance, whether primary,
excess, contingent or on any other basis,agreement.
CG D3 79 02 19 ú 2017 The Travelers Indemnity Company. All rights reserved.Page 5 of 6
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
Policy #6801H899998
COMM RCI L AUTOE A
T IS ENDORSEMENT CHANGES T E POLICY.PL ASE READ IT CAREFULLY.H H E
BLANKET ADDITIONAL INSURED
Thi e dorseme t m d fie i surance prov ded under he f l o ing:s n n o i s n i t o l w
BUS NE S A TO OV RAGE F RMI S U C E O
M TO CA RI R COV RA E F RMO R R E E G O
The fo lo ing i added to Parag aphl w s r c.in A.1.,Who be ween you and that pe son or organiza ion,that istrt
Is An Insu edr,of SECTION II CO E ED AU OV R T S si ned by yo be o e the "bodi y injury or "prope tyg u f r l " r
L ABI I Y CO E AGEI L T V R in the BUSIN SS AUTE O dam ge occur and that is in ef e t during the pol cya " s f c i
CO ERAGE FO MVR and Pa agraphr e.in A.1.,Who Is pe iod,to nam as an addi ional insured fo Cov redretr e
An Insu edr,of SECT ON II CO ERED AU OIV T S Auto Liabil ty Cov rage,but o ly fo dam ges tos i e n r a
L ABI I Y CO ERAGEI L T V in the MOT R CARRIEOR whi h this insurance applie an only to the ex ent ocs d t f
CO ERAGE FO MVR,whichev r Co erage Form i that perso 's o o ganizat o 'se v s n r r i n lia il ty fo the co ductb i r n
pa t o y ur poli y o anot er "in ured".r f o c :f h s
Thi i cl de any perso or organi ation who you ares n u s n z
re ui ed unde a written cont a t o ag ee entq r r r c r r m
CA 4 37 2 16T 0 ©2016 The Travelers Indemnity Company.All rights reserved.Page 1 of 1
Includes copyrighted material of nsurance Services OfIf ce,Inc.with its permis ion.i s
Policy:BA0S579947
Policy#: BA0S579947
COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY.
BLANKET WAIVER OF SUBROGATION
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
The following replaces Paragraph A.5.,Transfer of required of you by a written contract executed
Rights Of Recovery Against Others To Us,of the prior to any "accident"or "loss",provided that the
CONDITIONS Section:"accident"or "loss"arises out of the operations
5.Transfer Of Rights Of Recovery Against Oth-contemplated by such contract.The waiver ap-
ers To Us plies only to the person or organization desig-
nated in such contract.We waive any right of recovery we may have
against any person or organization to the extent
CA T3 40 02 15 ©2015 The Travelers Indemnity Company.All rights reserved.Page 1 of 1
Includes copyrighted material of Insurance Services Office,Inc.with its permission.
Policy #BA0S579947
WORKERS COMPENSATION
AND
EMPLOYERS LIABILITY POLICY
ENDORSEMENT WC 99 03 76 (A)
POLICY NUMBER:
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS
ENDORSEMENT CALIFORNIA
(BLANKET WAIVER)
We have the right to recover our payments from anyone liable for an injury covered by this policy.We will not
enforce our right against the person or organization named in the Schedule.
The additional premium for this endorsement shall be %of the California workers'compensation pre-
mium.
Schedule
Person or Organization 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.)
Insurance Company Countersigned by
DATE OF ISSUE:Page 1 of 1
Any Person or organization for which the insured has agreed by written contract executed prior to
loss to furnish this waiver.
UB2L553909
Travelers Property Casualty Company of America
9/8/2021
Second Amendment to MIG for Junipero Serra
Trail Project
Final Audit Report 2024-09-18
Created:2024-09-11
By:Webmaster Admin (webmaster@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAARhi_Jj4-ezZH1Y4l4oQnU7A_JrKjGNK6
"Second Amendment to MIG for Junipero Serra Trail Project" His
tory
Document created by Webmaster Admin (webmaster@cupertino.org)
2024-09-11 - 10:52:13 PM GMT- IP address: 35.229.54.2
Document emailed to Jindy Gonzalez (jindyg@cupertino.org) for approval
2024-09-11 - 10:54:26 PM GMT
Email viewed by Jindy Gonzalez (jindyg@cupertino.org)
2024-09-11 - 10:54:41 PM GMT- IP address: 52.202.236.132
Document approved by Jindy Gonzalez (jindyg@cupertino.org)
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Signer Christopher Jensen (christopherj@cupertino.org) entered name at signing as Christopher D. Jensen
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Document e-signed by Christopher D. Jensen (christopherj@cupertino.org)
Signature Date: 2024-09-18 - 0:16:51 AM GMT - Time Source: server- IP address: 64.165.34.3
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Signature Date: 2024-09-18 - 1:18:37 AM GMT - Time Source: server- IP address: 174.249.151.0
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Agreement completed.
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