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HomeMy WebLinkAbout26-066 Freyer & Laureta, Inc for Civil Engineering ServicesCITY OF DESIGN PROFESSIONAL SERVICES AGREEMENT (MASTER) WITH FREYER & LAURETA, INC CUPERTINO 1. PARTIES This Master Agreement is made by and between the City of Cupertino, a municipal corporation ("City"), and Freyer & Laureta, Inc ("Consultant"), a Corporation for Civil Engineering Services ("Project"), and is effective on the last date signed below ("Effective Date"). 2. SERVICES 2.1 Scope of Services. Consultant agrees to provide the Services "as needed" and as set forth in the Scope of Services, attached and incorporated here as Exhibit A. The Services must comply with this Agreement and with each Service Order issued under the authority of the City Director of Public Works or his designee, in accordance with the following procedures. Consultant further agrees to carry out its work in compliance with any applicable local, State, or Federal order regarding COVID-19. 2.2 Service Orders. Before issuing a Service Order the City Director of Public Works/Designee will request Services in writing and hold a meeting with Consultant to discuss it. Consultant will submit a written proposal that includes a specific Scope of Services, Schedule of Performance, and Compensation, which the Parties will discuss. Thereafter City Director of Public Works/Designee will execute a Service Order using the Service Order Form attached and incorporated here as Exhibit B. Each Service Order will specify its scope of services, deliverables, schedule of performance, compensation, and any other applicable terms. Issuance of a Purchase Order is discretionary and the Director of Public Works/Designee may streamline these procedures, e.g., conferring by telephone instead of a meeting, if it is in the City's best interests. Consultant will not be compensated for Services performed without a duly executed Service Order. 2.3 Consultant's duties and services under this agreement shall not include preparing or assisting the City with any portion of the City's preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the City. The City shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. Consultant's participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. Consultant shall cooperate with the City to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by consultant pursuant to this agreement. 3. TIME OF PERFORMANCE 3.1 Term. This Agreement begins on the Effective Date and ends on June 30, 2030 ("Contract Time"), unless terminated earlier as provided herein. The City's Director of Public Works or City Manager may extend the Contract Time through a written amendment to this Agreement, provided such Civil Engineering Services 1 of 11 Design Professional Agr (Master) / April 2024 extension does not include additional contract funds. Extensions requiring additional contract funds are subject to the City's purchasing policy. 3.2 Schedule of Performance. All Services must be provided within the times specified in each Service Order, and under no circumstances should the Services go beyond the Contract Time. Consultant must promptly notify City of any actual or potential delay in providing the Services as scheduled to afford the Parties adequate opportunity to address or mitigate delays. If the Services are divided by tasks, Consultant must begin work on each separate task upon receiving City's Notice to Proceed ("NTP"), and must complete each task within the time specified in each Service Order. 3.3 Time is of the essence for the performance of all the Services required in this Agreement and in each Service Order. Consultant must have sufficient time, resources and qualified staff to deliver the Services on time. Consultant must respond promptly to the City's Service Orders and any change orders that may be issued 4. COMPENSATION 4.1 Maximum Compensation. City will pay Consultant for satisfactory performance of the Services a total amount that will based upon actual costs but that will be capped so as not to exceed $200,000.00 ("Contract Price"), based on the budget and rates set forth in Exhibit C, Compensation, attached and incorporated here. The Contract Price includes all expenses and reimbursements and will remain in place even if Consultant's actual costs exceed the capped amount. No extra work or payment is permitted in excess of the Contract Price. 4.2 Invoices and Payments. City will pay Consultant for Services satisfactorily provided under a Service Order, within thirty (30) days following receipt of a properly submitted invoice for Services provided during the preceding calendar month. Unless otherwise provided by a Service Order, each invoice must include for each day of Services: a. The name of each individual providing Services; b. A succinct summary of the Services performed by each such individual; c. The time spent by each individual providing those Services; d. The applicable hourly billing rate and payment due; and e. A detailed breakdown of all allowable expenses. All hourly rates and allowable expenses must conform to City -approved rates set forth in Exhibit C. 4.3 Final Payment. At least thirty (30) days prior to end of the Agreement, Consultant must submit a requisition for final and complete payment of costs and any pending claims for City approval. Noncompliance with this requirement relieves City of further payments/obligations under the Agreement. 5. INDEPENDENT CONSULTANT 5.1 Status. Consultant is an independent Consultant and not an employee, partner, or joint venture of City. Consultant is solely responsible for the means and methods of performing the Services and for the persons hired to work under this Agreement. No civil service status or other right of employment Civil Engineering Services 2 of 11 Design Professional Agr (Master) / April 2024 will be acquired by virtue of Consultant's performance of the Services. Consultant is not entitled to health, workers' compensation, or other benefits from City. 5.2 Consultant Qualifications. Consultant warrants on behalf of itself and its Subconsultants that they have the qualifications and skills to perform the Services in a competent and professional manner and according to the highest standards and best industry practices for similar services performed in the San Francisco Bay Area. 53 Permits and Licenses. Consultant warrants on behalf of itself and its Subconsultants that they are properly licensed, registered, and/or certified to perform the Services as required by law and that they have procured a City Business License, if required by the Cupertino Municipal Code. 5.4 Subconsultants. Unless prior written approval from City is obtained, only Consultant's employees and Subconsultants whose names are included in this Agreement and incorporated Exhibits may provide Services under this Agreement. Consultant must require all Subconsultants to furnish proof of insurance for workers' compensation, commercial liability, auto, and professional liability in reasonable conformity to the insurance required of Consultant. The terms and conditions of this Agreement shall be binding on all Subconsultants relative to the portion of their work. 5.5 Tools, Materials, and Equipment. Consultant will supply and shall be responsible for all the tools, materials, and equipment required to perform the Services. 5.6 Payment of Benefits and Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor and any of its employees, agents, and subcontractors shall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, fees, contributions, or charges applicable to Contractor's business including, but not limited to, federal and state income taxes. City shall have no obligation whatsoever to pay or withhold any taxes or benefits on behalf of Contractor. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement is determined by a court of competent jurisdiction, arbitrator, or administrative authority, including but not limited to the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City, and actual attorney's fees incurred by City in connection with the above. 5.7 Errors and Omissions. Consultant is solely responsible for its errors and omissions and those of its Subconsultants, and must take prompt measures to avoid, mitigate, and correct them at its sole expense. 6. PROPRIETARY/CONFIDENTIAL INFORMATION During the Contract Time, Consultant may have access to private or confidential information owned or Civil Engineering Services 3 of 11 Design Professional Agr (Master) / April 2024 controlled by the City, which may contain proprietary or confidential details the disclosure of which to third parties may be damaging to City. Consultant shall hold in confidence all City information and use it only to perform this Agreement. Consultant shall exercise the same standard of care to protect City information as a reasonably prudent Consultant would use to protect its own proprietary data. 7. OWNERSHIP OF MATERIALS 7.1 Property Rights. Subject to City meeting its payment obligations for the Services, any interest (including copyright interests) of Consultant or its Subconsultants in any product, memoranda, study, report, map, plan, drawing, specification, data, record, document, or other information or work, in any medium (collectively, "Work Product"), prepared by Consultant in connection with this Agreement will be the exclusive property of the City upon completion of the work to be performed hereunder or upon termination of this Agreement, to the extent requested by City. In any case, no Work Product shall be shown to any third -party without prior written approval of City. 7.2 Copyright. To the extent permitted by Title 17 of the U.S. Code, all Work Product prepared/created by Consultant and its Subconsultants and all copyrights in such Work Product shall constitute City property. If it is determined under federal law that the Work Product is not "works for hire," Consultant hereby assigns to City all copyrights to the Work Product when and as created, and shall require Subconsultants to do the same. Consultant may retain copyrights to its standard details, but hereby grants City a perpetual, non-exclusive license to use such details. 7.3 Patents and Licenses. Consultant must pay royalties or license fees required for authorized use of any third party intellectual property, including but not limited to patented, trademarked, or copyrighted intellectual property if incorporated into the Services or Work Product of this Agreement. 7.4 Re -Use of Work Product. Unless prohibited by law and without waiving any rights, City may use or modify the Work Product of Consultant and Subconsultants to execute or implement any of the following, but Consultant shall not be responsible or liable for City's re -use of Work Product: (a) For work related to the original Services for which Consultant was hired; (b) To complete the original Services with City personnel, agents or other Consultants; (c) To make subsequent additions to the original Services; and/or (d) For other City projects. 7.5 Deliverables and Format. Electronic and hard copies of the Work Product constitute part of the Deliverables required under this Agreement, which shall be provided to City on recycled paper and copied on both sides, except for one single -sided original. Large-scale architectural plans and similar items must be in CAD and PDF formats, and unless otherwise specified, other documents must be in Microsoft Office applications and PDF formats. 8. RECORDS 81 Consultant must maintain complete, accurate, and detailed accounting records relating to the Services and Compensation, in accordance with generally accepted accounting principles and procedures. The records must include detailed information about Consultant's performance, benchmarks Civil Engineering Services 4 of 11 Design Professional Agr (Master) / April 2024 and deliverables. The records and supporting documents must be kept separate from other files and maintained for a period of 4 (four) years from the date of City's final payment. 82 City will have free and full access to Consultant's books and records for review and audit, to make transcripts or copies, and to conduct a preliminary examination of all the work, data, documents, proceedings, and activities related to this Agreement. If a supplemental examination or audit of Consultant's records discloses non-compliance with appropriate internal financial controls, a contract breach, or a failure to act in good faith, City will be entitled to recover from Consultant the costs of the supplemental examination. This Section 8 survives the expiration/termination of this Agreement. 83 Consultant acknowledges that certain documents generated or received by Consultant in connection with the performance of this Agreement, including but not limited to correspondence between Consultant and any third party, are public records under the California Public Records Act, California Government Code section 6250 et seq. Consultant shall comply with all laws regarding the retention of public records and shall make such records available to the City upon request by the City, or in such manner as the City reasonably directs that such records be provided. 9. ASSIGNMENT Consultant shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so will be null and void. Any changes related to the financial control or business nature of Consultant as a legal entity will be considered an Assignment subject to City approval, which shall not be unreasonably withheld. For purposes of this provision, control means fifty percent (50%) or more of the voting power of the business entity. This Agreement binds Consultant, its heirs, successors and assignees. 10. PUBLICITY / SIGNS Any publicity generated by Consultant in connection with the Project and Services during the Contract Time and for one (1) year thereafter will reference City contributions in making the Project possible. The words "City of Cupertino" shall be displayed in all pieces of publicity, including flyers, press releases, posters, brochures, public service announcements, interviews ,and newspaper articles. No signs may be posted, exhibited, or displayed on or about City property, except signage required by law or this Agreement without prior written approval from City. 11. INDEMNIFICATION 11.1 To the fullest extent allowed by law and except for losses caused by the sole or active negligence or willful misconduct of City personnel, Consultant agrees to indemnify, defend, and hold harmless the City as follows: a. Indemnity for Design Professional Liability: With respect to the performance of design professional services by a design professional as defined in California Civil Code Section 2782.8, to the fullest extent permitted by law, Consultant shall indemnify and hold harmless City, its officers, officials, agents, employees, and volunteers (collectively and/or individually "City") from and against any and all liabilities, claims, damages, losses, costs, or expenses (including, without Civil Engineering Services 5 of 11 Design Professional Agr (Master) / April 2024 limitation, costs, attorneys' fees, and expert fees of litigation and alternative dispute resolution) of every nature to the extent arising out of, pertaining to, or relating to the negligence, recklessness, or willful misconduct of Consultant or any of its officers, employees, servants, agents, or subcontractors (collectively and/or individually "Consultant"), in the performance of this Agreement or failure to comply with any obligations of the Agreement. If it is finally determined (through a non -appealable judgment or an agreement between City and Consultant) that liability is caused by the comparative negligence or willful misconduct of City, then Consultant's indemnification and hold harmless obligation shall not exceed Consultant's finally determined percentage of liability based upon the comparative fault of Consultant. Irrespective of any language to the contrary in this Agreement, the Consultant has no duty to provide or to immediately pay for an up -front defense of City against unproven claims or allegations, but shall reimburse those litigation costs and expenses (including, without limitation, attorneys' fees, and expert fees) incurred by the City to the extent caused by the negligence, recklessness, or willful misconduct of Consultant. In no event shall the cost to defend charged to Consultant exceed Consultant's proportional percentage of fault, except as described in Section 2782.8(a) and (e) of the California Civil Code. b. Claims Involving Intellectual Property. Consultant shall indemnify, defend, and hold harmless Indemnitees from and against any claim involving intellectual property, infringement, or violation of a United States patent right or copyright, trade secret, trademark, or service mark or other proprietary or intellectual property rights, which arises out of, pertains to, or relates to Consultant's negligence, recklessness, or willful misconduct. Such costs and expenses will include reasonable attorney fees for legal counsel of City's choice, expert fees, and all other costs and fees of litigation. c. Claims for Other Liability. Except as provided in subsections 11.1(a) and (b), to the fullest extent permitted by law, Consultant shall hold harmless, defend (with counsel agreed to by City), and indemnify City and its officers, officials, agents, employees, and volunteers (collectively and/or individually "City") from and against any and all liability, claim, loss, damage, expense, costs (including, without limitation, costs, attorneys' fees, and expert fees of litigation) of every nature arising out of, related to, or in connection with the performance of work hereunder by Consultant or any of its officers, employees, servants, agents, or subcontractors, or the failure of the same to comply with any of the obligations contained in this Agreement, except such loss or damage which was caused by the sole negligence or sole willful misconduct of the City. Consultant's duty to defend applies immediately, whether or not liability is established. An allegation or determination that persons other than Contractor are responsible for the claim does not relieve Contractor from its separate and distinct obligation to defend as stated herein. 11.2 Consultant will assist City, at no additional cost, in the defense of any claim, dispute or lawsuit arising out of this Agreement. Consultant's duties herein are not limited to or subject to the Contract Price, to Workers' Compensation claims, or to the Insurance or Bond limits and provisions. Nothing in this Agreement shall be construed to give rise to an implied right of indemnity in favor of Consultant against any Indemnitee. 11.3 Consultant agrees to pay the reasonable costs City may incur in enforcing this provision related Civil Engineering Services 6of11 Design Professional Agr (Master) / April 2024 to Consultant's indemnification duties, including reasonable attorney fees, fees for legal counsel acceptable to City, expert fees, and all other costs and expenses related to a claim or counterclaim, a purchase order, another transaction, litigation, or dispute resolution. Without waiving any rights, City may deduct money from Consultant's payments to cover moneys due to City. 11.4 Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 11 from each and every subcontractor, or any other person or entity involved by, for, with, or on behalf of Consultant in the performance of this Agreement. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. 11.5 This Section 11 shall survive expiration or termination of this Agreement. 12. INSURANCE On or before the Contract Time commences, Consultant shall furnish City with proof of compliance with City Insurance Requirements, attached and incorporated here as Exhibit D. City will not execute the Agreement until it has approved receipt of satisfactory certificates of insurance and endorsements evidencing the type, amount, class of operations covered, and the effective and expiration dates of coverage. Alternatively, City may terminate this Agreement or in its sole discretion purchase insurance at Consultant's expense and deduct costs from payments to Consultant. 13. COMPLIANCE WITH LAWS 13.1 General Laws. Consultant shall comply with all local, state, and federal laws and regulations applicable to this Agreement. Consultant will promptly notify City of changes in the law or other conditions that may affect the Project or Consultant's ability to perform. Consultant is responsible for verifying the employment authorization of employees performing the Services, as required by the Immigration Reform and Control Act, or other federal or state law, rule or regulation. 13.2 Labor Laws. Consultant shall comply with all labor laws applicable to this Agreement. If the Services include a "public works" component, Consultant must comply with prevailing wage laws under Labor Code Section 1720 and other labor laws. To the extent applicable, Consultant must comply with City's Labor Compliance Program, and with state labor laws pertaining to working days, overtime, payroll records and DIR Registration and Oversight. If the Contract Price is $30,000 or more, Consultant must comply with the apprenticeship requirement in Labor Code Section 1777.5. 133 Discrimination Laws. Consultant shall not discriminate on the basis of race, religious creed, color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy, age, sex, gender, sexual orientation, gender identity, Acquired -Immune Deficiency Syndrome (AIDS) or any other protected classification. Consultant shall comply with all anti -discrimination laws, including Government Code Sections 12900 and 11135, and Labor Code Sections 1735, 1777 and 3077.5. Consistent with City policy prohibiting harassment and discrimination, Consultant understands that harassment and discrimination directed toward a job applicant, an employee, a City employee, or any other person is strictly prohibited. Consultant agrees to provide records and documentation to the City Civil Engineering Services 7 of 11 Design Professional Agr (Master) / April 2024 on request necessary to monitor compliance with this provision. 13A Conflicts of Interest. Consultant shall comply with all conflict of interest laws and regulations applicable to this Agreement and must avoid any conflict of interest. Consultant warrants that no public official, employee, or member of a City board or commission who might have been involved in the making of this Agreement, has or will receive a direct or indirect financial interest in this Agreement, in violation of California Government Code Section 1090 et seq. Consultant may be required to file a conflict of interest form if Consultant makes certain governmental decisions or serves in a staff capacity, as provided in Section 18700 of Title 2 of the California Code of Regulations and other laws. Services may only be performed by persons who are not employed by City and who do not have any contractual relationship with City, with the exception of this Agreement. Consultant agrees to abide by City policies and administrative rules prohibiting gifts to City officials and employees. 13.5 Remedies. A violation of this Section 13 constitutes a material breach and may result in City suspending payments, requiring reimbursement, or terminating this Agreement. City reserves all its rights and remedies under law and this Agreement, including the right to seek indemnification under Section 11. Consultant agrees to indemnify, defend, and hold City harmless from and against any loss, liability, and expenses arising from noncompliance with this Section. 14. PROJECT COORDINATION 14.1 City Project Manager. The City's Project Manager for all purposes under this Agreement will be Chad Mosley, who shall have the authority to manage this Agreement and oversee the progress and performance of the Services. City in its sole discretion may substitute another Project Manager at any time and will advise Consultant of the new representative. 14.2 Consultant Project Manager. Subject to City approval, the Consultant's Project Manager for all purposes under this Agreement will be Eric Biland, who shall be the single representative for Consultant with the authority to manage compliance with this Agreement and oversee the progress and performance of the Services. This includes responsibility for coordinating and scheduling the Services in accordance with City instructions, service orders, and the Schedule of Performance, and providing regular updates to the City's Project Manager on the Project status, progress, and any delays. City written approval is required prior to Consultant substituting a new Project Manager, which shall result in no additional costs to City or Project delays. 15. ABANDONMENT OF PROJECT City may abandon or postpone the Project with thirty (30) calendar days' written notice to Consultant. Consultant will be compensated for satisfactory Services performed through the date of abandonment and will be given reasonable time to assemble the work and close out the Services. No close out work shall be conducted without City reasonable approval of closure costs, which may not exceed ten percent (10%) of the total time expended to the date of abandonment. All charges including job closure costs will be paid in accordance with the provisions of this Agreement and within thirty (30) days of Consultant's final invoice reasonably approved by the City. Civil Engineering Services 8 of 11 Design Professional Agr (Master) / April 2024 16. TERMINATION City may terminate this Agreement for cause or without cause at any time, following reasonable written notice to Consultant at least thirty (30) calendar days prior to the termination date. Consultant will be paid for satisfactory Services rendered through the date of termination, but final payment will not be made until Consultant closes out the Services and delivers all Work Product to City. All charges approved by City including job closure costs will be paid within thirty (30) days of Consultant's final invoice. 17. GOVERNING LAW, VENUE, AND DISPUTE RESOLUTION This Agreement is governed by the laws of the State of California, excepting any choice of law rules which may direct the application of laws of another jurisdiction. Any lawsuits filed related to this Agreement must be filed with the Superior Court for the County of Santa Clara, State of California. Consultant must comply with the claims filing requirements under the Government Code prior to filing a civil action in court. If a dispute arises, Consultant must continue to provide the Services pending resolution of the dispute. If the Parties elect arbitration, the arbitrator's award must be supported by law and substantial evidence and include detailed written findings of law and fact. 18. ATTORNEY FEES If City files a complaint or cross -complaint, or pursues arbitration, appeal, or other proceeding to enforce its rights or a judgment in connection with this Agreement, the prevailing party will be entitled to reasonable attorney fees and costs. This attorney fee provision does not apply to legal actions initiated by Consultant or Subconsultant. This Section 18 survives termination of this Agreement. 19. THIRD PARTY BENEFICIARIES There are no intended third party beneficiaries of this Agreement. 20. WAIVER Neither acceptance of the Services nor payment thereof shall constitute a waiver of any contract provision. City's waiver of any breach shall not be deemed to constitute waiver of another term, provision, covenant or condition, or a subsequent breach, whether of the same or a different character. 21. ENTIRE AGREEMENT This Agreement represents the full and complete understanding of every kind or nature between the Parties, and supersedes any other agreements and understandings, either oral or written, between the Parties. Any modification of this Agreement will be effective only if in writing and signed by each Party's authorized representative. No verbal agreement or implied covenant will be valid to amend or abridge this Agreement. If there is any inconsistency between any term, clause, or provision of this main Agreement and any term, clause, or provision of the attachments or exhibits thereto, the terms of the main Agreement shall prevail and be controlling. Civil Engineering Services 9 of 11 Design Professional Agr (Master) / April 2024 22. INSERTED PROVISIONS Each contractual provision or clause that may be required by law is deemed to be included and will be inferred in this Agreement. Either party may request an amendment to cure any mistaken insertion or omission of a required provision. 23. HEADINGS The headings in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit, or amplify the terms or provisions of this Agreement. 24. SEVERABILITY/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. 25. SURVIVAL All provisions which by their nature must continue after the Agreement ends, including without limitation those referenced in specific Sections herein, survive this Agreement and shall remain in full force and effect. 26. NOTICES All notices, requests, and approvals must be sent 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: To Consultant: Office of the City Manager Freyer & Laureta, Inc. 10300 Torre Ave. 150 Executive Park Blvd., Ste. 4200 Cupertino, CA 95014 San Francisco, CA 94134 Attention: Chad Mosley Attention: Eric Biland Email: chadm@cupertino.org Email: biland@freerlaureta.com 27. EXECUTION The person executing this Agreement on behalf of Consultant represents and warrants that Consultant 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 Consultant. This Agreement maybe executed in counterparts, each one of which is deemed an original and all of which, taken together, constitute a single binding instrument. Civil Engineering Services 10 of 11 Design Professional Agr (Master) / April 2024 IN WITNESS WHEREOF, the parties have caused the Agreement to be executed. CITY OF CUPERTINO A Municipal Corporation By Name Chad Mosley Title Director of Public Works Date Apr 22, 2026 APPROVED AS TO FORM: 742I I I< &e& MICHAEL K. WOO Senior Assistant City Attorney ATTEST: Laren SapiolaI LAUREN SAPUDAR City Clerk Date Apr 22, 2026 FREYER & LAURETA, INC By Name Jeffrey Tarantino Title Executive Vice President Date Apr 22, 2026 Civil Engineering Services 11 of 11 Design Professional Agr (Master) / April 2024 V" 'y' L l ' -. ,�I�tr� rays"� ��-•` - 4 s -: - ,ice �w.�l� �T�:: _ .d . .. X1.1.- E .�"�yew�,' `��cr3.i��• Civil Engineers Construction Managers www.freyerlaureta.com FREYER LAURETA, INC. Civil Engineers — Surveyors — Construction Managers Chad Mosley PE., Director of Public Works & City Engineer January 16, 2025 City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 Dear Chad, Freyer & Laureta, Inc. (F&L) is pleased to submit the following Statement of Qualifications (SOQ) to provide professional civil engineering services in response to the City of Cupertino's (City) Request for Qualifications (RFQ) for Captial Improvement Programs Division Civil Engineering Services, dated December 12, 2024. We also confirm receipt of Addenda No. 1, No. 2, and, No. 3, dated December 16, 2024, January 6, 2025, and January 9, 2025. We are excited to continue our partnership with the City to support its successful execution of various capital improvement projects. F&L is an established California Corporation (S -Corp) providing award -winning consulting engineering services for private and public agencies throughout the Bay Area. Since our inception more than 27 years ago, F&L has had the opportunity to successfully oversee thousands of infrastructure and capital improvement projects for numerous municipal and special district clients, including our work with the City of Cupertino. In 2023, the City of Cupertino's Memorial Park Ponds Repurposing project garnered multiple award distinctions from the ASCE and APWA. Our presence in the Bay Area and experience with public agencies allow our team members to incorporate local knowledge into each approach. With our technical expertise, understanding of the region, and desire to provide excellent service, F&L has established an engineering reputation with many agencies and cities throughout the Peninsula. As President of F&L and professionally licensed in the State of California, I will serve as F&L's Principal -In -Charge. As with past City projects, I am committed to serving for the duration of any agreement and authorized to bind F&L contractually. In my more than 30 years of professional experience, I have led a wide range of city, county, state, and federal Capital Improvement Projects (CIP) projects of similar scope, emphasizing urban master planning, wastewater collection, and construction planning - offering the City a unique perspective and understanding of the current construction climate. The primary point of contact for the City will be Eric Biland, P.E., who is committed to serving as the Project Manager for the duration of any agreement with the City. In his 23 years of professional experience, he has led design and planning for various Capital Improvement Projects (CIP), including master planning for numerous parks for municipal clients throughout Northern California and is the Engineering Office Manager for our Cupertino office. Eric Biland, P.E., QSD/P, QISP, LEED AP 20863 Stevens Creek Blvd., Ste. 400 Cupertino, CA 95014 (408) 516-1090 x 401 (O) I (650) 207-2826 (M) bilandgfreyerlaureta.com FREYER & LAURETA, INC. Civil Engineers • Surveyors • Construction Managers FREYER m A RETA L u ,iNc. Civil Engineers — Surveyors — Construction Managers Our experienced team is excited about continuing our work with the City. We are confident F&L will be able to streamline efforts to drive cost-efficient, timely project solutions that create focused improvement programs for the community. Please do not hesitate to contact us with any questions about this proposal. Very truly yours, Richard Laureta, P.E., President (415) 534-7070 x102 (O) I (650) 208-2951 (M) laureta�freyerlau reta.com Eric Biland, P.E., Senior Project Manager (408) 516-1090 x 401 (O) I (650) 207-2826 (M) biland(2freyerlaureta.com FL TABLE OF CONTENTS A Cover Letter B Firm Qualification & Experience..................................................1 C Project Team Qualifications & Experience.......................................12 D Labor Rate Schedule............................................................14 E Contract Acceptance...........................................................15 Appendix........................................................................16 Attachment C.................................................................. 17 Team Resumes................................................................ 18 FREYER & LAURETA, INC. Civil Engineers • Surveyors • Construction Managers FL FIRM QUALIFICATIONS & EXPERIENCE F&L will provide all services from our Cupertino office with additional support from our San Francisco, Oakland, and Novato offices, as needed. The project management team identified in Section D will be supported by our project staff of over two dozen engineers to provide technical support. Our staff understands the design team's critical role in developing and delivering infrastructure projects, including engaging all City engineering and operation staff throughout the design development. Due to F&L's proximity to Cupertino, we can be actively involved in all projects, big or small, to ensure the City's needs are met. The City will find in F&L a true project partner that understands the multiple drivers that must be considered when developing public works improvement projects. = Freyer & Laureta, Inc. South Bay Office - Main for Projects North Bay Office 20863 Stevens Creek Blvd., Ste 400 505 San Marin Dr., Ste A220 Cupertino, CA 95014 Novato, CA 94945 (408) 516-1090 (415) 534-7070 F&L Headquarters East Bay Office 150 Executive Park Blvd., Ste 4200 825 Washington St., Ste 237 San Francisco, CA 94134 Oakland, CA 94607 (415) 534-7070 (510) 937-2310 1997, California S -Corporation 32 full-time • Richard Laureta, P.E., President, Civil Engineer CA No. 55783 • Jeffrey Tarantino, P.E., Executive Vice President, Civil Engineer CA No. 63936 Josh Kimbrell, P.E., QSD/P, LEED Green Assoc., Vice President, Civil Engineer CA No. 77666 David Freyer, P.E., Vice President, Civil Engineer CA No. 30060 Lorraine Htoo, P.E., LEED AP, Associate Principal, Civil Engineer CA No. 79542 Eric Biland, P.E., QSD/P, LEED AP, QISP, Sr. Project Manager, Civil Engineer CA No. 75125 027371832 Unique Capabilities Founded in 1997, F&L is an award -winning civil engineering and surveying firm with offices in Cupertino, San Francisco, Oakland, and Novato, California. For over 27 years, F&L has provided a full range of survey, civil design, and construction management services for various infrastructure and development projects. Each project requires us to understand the unique needs of our clients, stay up-to-date on the most effective technology/methodology available, and develop the most appropriate recommendations that satisfy operational and regulatory requirements. Our success relies heavily on our ability to collaborate and coordinate effectively with cities, counties, and permitting agencies - ensuring recommendations align with planning and improvement studies, FREYER & LAURETA, INC. Civil Engineers • Surveyors • Construction Managers 1 FL developing and implementing construction documents, and assisting clients with public outreach meetings and coordination. For over two decades, we have successfully provided planning, design, and construction consultation services for a diverse mix of local clientele, including the City of Cupertino, specializing in civil design for utilities, parks, stormwater management, rehabilitation, and replacement - offering the City more than 150+ years of combined expertise to support a wide breadth of civil engineering service needs. Our clients' success directly measures our own, which is why our firm offers a comprehensive suite of services to ensure every aspect of a project is thoughtfully and successfully designed and executed. Our experience is vast and includes experience in many areas of civil engineering for public works agencies and special districts that we apply to our projects, including: Civil Engineering Design & Master Planning - grading, dry and wet utilities, roadway, curb and gutter, and sidewalk. District Engineer - plan review, coordination with outside utility agencies, operational review, and technical support to develop annual operating and capital improvement budgets. Construction Management - support during the bid period, construction, and closeout of projects. Support typically includes response requests for information, submittal (shop -drawing) review, on -site inspection and documentation of activities, design peer review, value engineering, constructability review, cost analysis, and claims management services. Program Management - a wide range of services to assist with long-range capital improvement programs, project controls, progress tracking and reporting, oversight of deliverables, large-scale infrastructure program management from planning through implementation, construction administration, and public outreach. Surveying & Mapping - tentative and final maps, American Land Title Association (ALTA) survey, plats and legal descriptions, and topographic maps. Stormwater Compliance - Stormwater Control Plans (SCPs) and Stormwater Pollution Prevention Plan (SWPPP) preparation and inspection, hydrology, and hydraulic studies. Staff Augmentation -F&L provides remote staff augmentation for projects or Public Works to provide specific expertise that is not available from internal staff or simply to provide concentrated assistance to free up City staff time when overwhelmed by surges in workload. IRI per" ±11 III vn� { FL As highlighted in our project examples, our project references confirm that F&L's responsiveness and technical expertise will allow us to deliver the engineering and construction perspectives needed to execute the City's projects successfully. This background will enable us to collaborate with the City to develop prioritized solutions coordinated with other capital improvement projects on time and within budget. To that end, the construction documents must consider constructability and construction methods to ensure that proposed solutions include a risk management approach to reduce the potential for contract change orders that are not a result of unforeseen conditions or direct owner changes. Approach As described in the RFQ, the City seeks to partner with experienced engineering firms to help deliver on -call improvement project tasks associated with its Capital Improvement Program (CIP), and other needs over the next three years. F&L has led design teams for various similar on -call projects for numerous public works departments. It has worked hard to build its reputation and trust with city and county agencies by submitting high -quality, well -thought - through engineering documents. In reviewing our SOQ, we want to convey to the City that F&L has the experience to execute various design and infrastructure projects described in the RFQ. Our staff understands that we will be part of a team larger team that includes internal City staff, and it will be critical to function as a unified group to deliver high -quality and cost-effective products. The F&L team is well -versed in coordinating these types of projects and can offer the City the following: Relevant experience working under on -call contracts; Approach to executing on -call services by leveraging existing information, in-house knowledge of City staff, and utilizing technology to streamline development of technical deliverables; Engagement of City staff to provide the best opportunity for project success. Every engineering assessment is unique, and we believe following a standardized process or checklist can sometimes result in a missed opportunity to develop customized solutions for our customers. We can create project -focused solutions by leveraging our selected team members' combined experience and expertise to ensure we deliver a cost-effective, quality product that addresses the City's specific needs for each project. We have also found that the success of any project relies heavily on our ability to collaborate with key stakeholders (both internal and external) and permitting agencies effectively. Deliverables often include, but are not limited to, approvals, plans, improvement studies, schematic designs, value engineering, construction method evaluations, surveys, public outreach and coordination, peer, traffic, and constructability reviews, cost estimates, and more. F&L has the experience to meet the City's civil engineering needs, objectives, and scope items listed in the RFQ, including publicly funded Design Services for parks, trails, creek repairs, right-of-way (ROW) work, utilities, drainage, accessibility upgrades, medians, bridge maintenance and improvements, and more. The following sections briefly describe key approach items the team will take to determine and implement scopes of work for on -call projects assigned to F&L. The key activities are based on our experience planning, designing, and constructing infrastructure improvement projects, including providing on -call and as -needed services to control costs and meet project objectives and schedules. FREYER & LAURETA, INC. Civil Engineers • Surveyors • Construction Managers 3 FL Project Management and Coordination The nature of on -call services contracts requires that the lead consultant have tools and processes in place to proactively work with the City to identify project needs, develop detailed scopes of work, and then provide clear progress reporting to the City. It is critical to track assignments, budget status, and schedule to ensure that the City and on -call consultant work together to efficiently and effectively utilize the available budget. The F&L team's approach includes the following: Develop detailed and concise scopes of work, including the proposed budget and schedule. Track all project decisions (pending and complete) in a Project Decision Log and circulate monthly. Develop, maintain, and report project schedules for each assignment to allow the City and the F&L team to mitigate schedule variances proactively when feasible. Implement a Quality Assurance/Quality Control program where all staff takes ownership of individual assignments to produce quality work products while leveraging senior engineers to provide independent reviews of all work products. Regardless of the specific project and scope of work, F&L understands that the key to successfully providing as -needed engineering services is to have established a framework for communication, scope preparation, and budgeting. We have experience working with large and often complex city and town municipalities - leading the planning and design of over $200 million in infrastructure improvements throughout the Greater San Francisco Bay Area. F&L's full -project life experience allows our engineers to incorporate multiple design criteria, including analysis, materials, construction methods, and potential public impacts (both near - term and long-term). These elements allow us to present utility owners with multiple possible solutions while identifying a preferred solution. We plan to implement a management system to inform the City of project elements before our submittals and provide clear and concise documents further defining and refining proposed project elements. Our team continues that approach, bringing in a wide breadth of engineering public works talent to support the City- ensuring the delivery of high -quality work on schedule and within the budget of the City's needs. Survey and Utility Investigation As design engineers, surveying is a fundamental component of delivering our services. Field survey provides the baseline picture for our design team for project boundaries and limits, pavement and utility designs, and begins the process of utility investigation and property limits needed for most public works infrastructure improvement projects. We utilize the latest equipment to create detailed maps to establish existing conditions. Our surveying and mapping experience provide F&L with the knowledge to observe existing conditions to identify evidence of existing utilities and the importance of contacting third -party utility owners, including municipalities, special districts, state agencies, and communications firms. It is crucial to perform utility records research to inform the planning of the utility investigation fieldwork. As we develop the boundary and utility base map using field survey information and utility records provided by the utility owners, F&L will begin the initial scoping of utility investigation FREYER & LAURETA, INC. Civil Engineers • Surveyors • Construction Managers 4 FL and potholing program if the City desires. Our staff understands that efforts to identify utility locations early in the design phase can yield significant benefits during construction. F&L will develop a proposed utility potholing plan to allow our engineers to validate available as -built information provided by utility owners and identify key constraints that may impact the details of a design. Furthermore, the utility investigation phase will provide the detailed information our team will utilize to develop initial alternatives for infrastructure improvements. Field survey is also critical in pavement designs, especially when designing ADA access pathways and parking lots to promote proper drainage. Leverage In -House Knowledge In our experience, City staff have incredible knowledge about existing operations and potential approaches for implementing improvement projects. It is especially critical to engage the City's engineering and operations staff for tasks with accelerated schedules to execute a given task efficiently. As design engineers, we must include operation and maintenance staff throughout the project development and design process before we can be assigned a task and proceed with developing design criteria, drawings, and specifications. We have learned that by engaging our client's staff early and frequently during the design development phase, we can incorporate operations -driven design criteria to help create a successful project. F&L recognizes that going from a concept on a piece of paper to building/operating in the real world can be challenging, and all stakeholders' input is key to a successful project. As part of the kickoff meeting for each task order, we will work with • City staff to identify key operation and maintenance members to work with throughout project development. The intent is not to create a burden for individuals but rather facilitate discussions early in the project definition phase so that our ultimate submittal meets the City's expectations and needs. We do not want to proceed with a detailed project design that may result in a solution that is not acceptable to the City, potentially resulting in schedule and budget impacts. We take pride in engaging all engineering and operation stakeholders so all staff buys into the final solution. Planned Coordination F&L, particularly our proposed project manager and design team, will work closely with City personnel and its partners to plan and implement capital improvements that ensure long- term operational optimization and reliability. The F&L team plans to leverage our decades of experience with city and county municipalities to develop potential alternatives that will create significant opportunities for all involved - particularly the City of Cupertino. Our team can create multi -beneficial projects by effectively engaging all stakeholders in critical stages of the conceptual design. We are skilled at facilitating engagement and collaboration with cities and partners that align objectives and solicit critical feedback to produce conceptual designs directly addressing any concerns or comments from all involved parties. The F&L Team will utilize this feedback from initial agency meetings to develop weighted FREYER & LAURETA, INC. Civil Engineers • Surveyors • Construction Managers 5 FL evaluation criteria for each project element while minimizing technical and non -technical concerns from local entities that could impact project costs or schedules. Once completed, conceptual design drafts will be presented to the City for feedback and comment to ensure any operational needs are addressed before submission to involved partners - resulting in greater buy -in and engagement by the entire team. We recognize that the City will rely on our expertise to develop projects that address identified needs through the most cost-effective approach while meeting its project objectives. As consultants, we must be thoughtful in our approach to promptly assist the City with solving the correct issue. We cannot simply execute a task without using our experience with similar work that may influence the approach or deliverable for a specific task. We understand that clients hire us not because of the name on the door but because of the experience and commitment of each individual on our team. Leverage Technology The F&L team utilizes the latest technology to allow staff to implement complex infrastructure planning and design projects. We use three-dimensional design software such as AutoCAD Civil 3D and SketchUp to develop exhibits critical for performing planning and public presentations and clear and concise construction documents. Our surveying team also leverages three-dimensional technology through three-dimensional scanning, including drones. We understand the importance of leveraging new technology to allow our team to develop comprehensive solutions to meet client needs. The F&L team utilizes several hydraulic modeling software programs, including Bentley System OpenFlows. The team selects the most appropriate hydraulic modeling software based on several factors, including available data, long-term use for the model, and complexity of the hydraulic system being modeled. Ultimately, the hydraulic modeling completed for a project is balanced with the experience of the F&L team and the operations staff. Facilitate Design Reviews We anticipate that some task orders assigned will be time -sensitive. F&L proposes to incorporate facilitated design review meetings into each scope of work. The purpose of the facilitated session is to provide F&L staff with an opportunity to present the submittal to key staff, who will review the technical information and engage those staff in open discussions. We have found that by establishing a workshop setting for City and consultant staff to discuss comments and questions openly, we can resolve many comments quickly, resulting in schedule savings. The workshops also allow our team to explain detailed design assumptions that may help the City better understand constraints that could dictate particular solutions. Innovate rU Schedule Value F&L will prepare detailed agendas distributed to all meeting attendees before a workshop, and F&L will be responsible for facilitating the discussions. It will be apparent when a specific comment or question cannot be resolved during the meeting. Therefore, it becomes F&L's responsibility to capture the comment/question, including providing a timeline for when a response to the comment/question will be provided to the City. Finally, F&L will produce meeting minutes to memorialize the discussions and response to comments so that all team FREYER & LAURETA, INC. Civil Engineers • Surveyors • Construction Managers 6 FL members will have a record of decisions for reference as the project moves forward. Design F&L has provided extensive civil engineering design for numerous municipalities in the local Bay Area. Experience ranges from ADA-compliant sidewalk and curb ramp design, pavement systems, bicycle pathways, pavement delineation, parking lot design, review of utility master plans, grading and drainage design utilizing AutoCAD Civil 3D, pipeline design incorporating SewerGEMS or StormCAD, overland flow analysis, design of LID measures for post -construction stormwater management compliance, utility capacity analysis, and coordination with utility owners such as PG&E, AT&T, EBMUD, Comcast, and Caltrans and other regulatory agencies. F&L will collect initial data from the field and reference documents for any design. This task ensures we understand the underlying condition through utility mapping outreach and topographic survey to review available geotechnical reports. Being as thorough as possible in the predesign stage sets the project up for its overall success. With this data, the design can be developed and shared with City Staff to leverage their in-house knowledge. Quality Assurance and Quality Control In our experience, the engineering design effort to develop construction drawings, specifications, and cost estimates requires peer review during design development and principal -level review before every submittal. F&L has created a proactive quality control (QC) program for all our projects. We recognize that a passive review process where a reviewer is given a submittal at the last minute to review quickly before the submittal deadline does not provide the necessary oversight for our work product. Our staff are involved in the QC program because it takes active engagement from staff preparing the detailed calculations, drawings, specifications, etc., and the assigned QC officer to deliver a high -quality and complete product to the client. The QA/QC program proposed for the City's projects may include: Written QA/QC work plans to identify key tasks from the scope of work and milestone deliverable dates to develop internal schedules to guide staff for the necessary review processes. The work plan will be amended for each task order issued, containing a specific scope and budget. Throughout the development of the project deliverables, the team will perform regular QC checks. The QC check involves bi-weekly team meetings where the project manager and key staff present progress to the QA/QC officer assigned to the project - fostering an environment of teamwork while minimizing the potential for the project development process to go off track. We will perform a detailed QA/QC review and prepare submittal review logs for each submittal to allow the team and the TAC to document comments and responses. Engage All Stakeholders We understand that we must work hand -in -hand with the Public Works division. Navigating compliance with standards and specifications can be a complex and challenging process. Our team is experienced and prepared to assist and support the City in engaging multiple agencies - preparing and presenting designs and documents throughout the process, facilitating internal reviews, and obtaining approvals to prevent unnecessary delays or project complications. FREYER & LAURETA, INC. Civil Engineers • Surveyors • Construction Managers 7 FL Leveraging the F&L team's experience will allow the City to engage all appropriate parties to work through the approval process, including resolving any technical concerns or requirements that may impact a project's scope, costs, and schedule changes. Public Engagement Routine infrastructure improvement projects will result in temporary impacts on the public. It is critical to proactively engage the public to inform residents of the proposed improvements, including their long-term benefits for the community. F&L routinely assists with developing and implementing public outreach programs but also can take a leadership role in a public outreach program. In our experience, most of the complex challenges that an infrastructure improvement project faces from the public are when they need help understanding the intent and goal of a project. As a project design develops, F&L will work with the City to identify potential short-term impacts during construction, including contractual requirements the City may consider incorporating into the final construction documents to manage the short-term implications. Some projects may require early and frequent engagement with the public if the potential construction impacts. In some cases, permanent impacts could be perceived as unreasonable if not correctly presented. F&L will utilize numerous tools, including renderings, to assist the City in presenting a project, its impacts, and its benefits to allow the public to develop a level of comfort with the project. In addition, we will assist the City to engage and facilitate, as appropriate, public feedback on proposed improvements. It has been F&L's experience that by engaging the public throughout the design process, some of the potential negative feedback can be addressed by providing the public with the appropriate context and background on the purpose and goals of the proposed improvements. Reference Projects The following individual project descriptions highlight the breadth of F&L's experience, including condition assessment, planning and analysis, design, construction management, and project/program management services. We approach each project holistically - fully understanding the goals of the project and the Master Plan, validating the capacity and conditions deficiencies identified, assessing the structural, maintenance, and regulatory risks, and collaborating with City and County entities on the impacts during and post -construction. We incorporate all these data points to develop cost-effective solutions addressing capital and maintenance issues while ensuring compliance with regulatory requirements. The following examples of projects resulted in an improved level of service for Capital Improvement Programs requiring similar scope, including: Project Management & Coordination - F&L has led teams comprised of multiple subconsultants, various stakeholders, and public agencies and understands the responsibility of coordinating and monitoring all work. Existing Conditions Assessment - Every storm drain project we are involved with requires our staff to perform thorough reviews and field assessments to identify the most appropriate solutions. Cost -Effective Solutions - F&L takes pride in developing project -specific solutions that meet multiple criteria while collaborating with owners to select the preferred and most cost- effective solution. Identify Public Impacts - We understand that construction is potentially disruptive to FREYER & LAURETA, INC. Civil Engineers • Surveyors • Construction Managers 8 FL residents and visitors; hence, developing comprehensive designs that allow F&L to highlight temporary impacts that require precise and concise communication with the public is critical. PROJECT1 Cupertino Memorial Park Ponds Repurposing Project Location: Cupertino Project Manager: Lorraine Htoo, P.E. Subconsultants Managed: CSG Consultants, GraniteRock Project Budget: $174.4K Construction Cost: $1.9M Reference: Chad Mosley, Assistant Director/City Engineer, (408) 777-7604, chadm@cupertino.org The City of Cupertino, together with Freyer & Laureta Inc., construction manager, CSG Consultants, and Contractor Graniterock, repurposed more than 1.6 acres of inactive concrete ponds centrally located in Memorial Park. The area was converted to a wide expanse of green open space featuring turf areas and new plantings. While exploratory borings were taken at the pond, it indicated the presence of an inconsistent concrete liner, informing the Contractor of a potential issue. In design, the City had identified a potential fill source from an adjacent private development that could be utilized - further vetted in construction, which offset hauling costs. Repurposing the pond areas has been a goal of the City in recent years due to statewide drought concerns and the loss of functionality of the ponds. Providing nearly two acres of open space ushers in multiple activities for the local community, from picnics to pickup soccer games. With a large part of Memorial Park revitalized it could once again be utilized by the community and the eyesore of the old ponds removed from the park. The existing gazebo and amphitheater were protected in place. In addition, the stone pagoda, commemorating Cupertino's 10th anniversary with its sister city, Toyokawa, Japan, was removed and preserved during construction activities and was successfully reinstalled upon the project completion. Firm Scope: Removed concrete -lined pond and replaced it with approximately 1.6 acres of new landscaping. Prepared construction documents and topographic survey for demolition, grading and drainage, landscape, and irrigation design. Program management and coordination, including QA/QC, to ensure project deadlines and budgets were met throughout the project. Conceptual designs, topographic survey drawing, demolition, grading and draining, erosion, irrigation, and landscape designs. Provided Bid and Construction Phase support. FREYER & LAURETA, INC. Civil Engineers • Surveyors • Construction Managers 9 FL PROJECT 2 City of San Mateo Smooth Streets Pavement Management Program Location: San Mateo Project Manager: Jeffrey Tarantino, P.E., Richard Laureta, P.E., Technical Advisor Subconsultants Managed: N/A Project Budget: $2M Construction Cost: $35M Reference: Stephanie Gindlesperger, P.E., Senior Engineer, City of San Mateo, (650) 437-3131, sgindlesperger@cityofsanmateo.org F&L serves as the Program Manager for the City of San Mateo's Smooth Streets and Pavement Management programs. Both programs allow San Mateo staff to advance City Council priorities - reducing the number of failed streets within the street network to no more than one mile and implementing key pavement maintenance improvements to maintain a system -wide pavement condition index (PCI) of 70. F&L supports San Mateo Capital Projects staff in performing annual capital improvement planning, including developing conceptual cost estimates, consultant selection, design management, Council reporting, and public outreach support. F&L provides technical and contractual oversight of active projects in the design and construction phases. In addition, F&L provides staff support to develop key annual progress reports for the public and coordinate utility improvement projects. Scope items included: Develop annual project and budget for $9M annual pavement programs intended to balance pavement maintenance, rehabilitation, and reconstruction projects; Preparation of staff reports and presentations for City Council updates, budget requests, and other key communication; Supporting public outreach programs to inform the residents and community of upcoming projects, resolving construction issues, and providing overall support to engage the public; Preparation and administration of request for proposal process for design and construction management services; Technical review of all pavement rehabilitation and reconstruction design deliverables, including mill and overlay, slurry seal, standard reconstruction, and full -depth reclamation and support construction phase, including change order negotiation, resolving unanticipated field constructions, and public outreach. FREYER & LAURETA, INC. Civil Engineers • Surveyors • Construction Managers 10 FL PROJECT 3 Menlo Park On -Call Water Main Replacement Location: Menlo Park Project Manager: Richard Laureta, P.E. Subconsultants Managed: N/A Project Budget: $500K Construction Cost: $8M (Estimated) Reference: Pam Lowe, Senior Civil Engineer, City of Menlo Park, (650) 330-6745, phlowe@menlopark.gov F&L was selected in 2016 to provide on -call water main replacement engineering design services. F&L is responsible for the design of replacing nearly 10,000 If of existing water lines and associated appurtenances primarily located within residential neighborhoods and adjacent to several schools. F&L's services have included topographic surveys, boundary surveys to confirm property lines, hydraulic analysis to validate the required capacity of the new replacement water mains, and existing utility potholing to validate the proposed horizontal and vertical alignment. Scope items included: Provided detailed topographic survey of Project area to serve as the basis of design for the proposed improvements, including 20 feet beyond the Project limits to capture visible public and private improvements, driveways, and utilities, including existing U.S.A. markings within street right of ways, horizontal control and vertical control based on City Benchmarks and GPS control, and all surface expressions of existing water line utility lines and electrical/joint trench obtained from available maps field verified. Survey also included estimated property lines and right-of-way (ROW) lines as shown on available city or county -provided maps. Engaged specialty subconsultants to perform non-destructive utility investigation and potholing, potholing activities. The field utility studies and investigations focused on verifying key components of the existing water pipeline existing location at the project limits to inform the tie-in design for the new water main and identify the location of the electrical/ communication infrastructure along the entirety of the project limits. Developed CDs for 50%, 90%, and 100% completed improvement plans and technical specifications. Provided Bid support throughout the bid process, including assisting the City in responding to questions and preparing addendums. Provided engineering services during construction, including preparing RFIs, reviewing submittals, performing site visits, evaluating and drafting responses to contractor's change order requests, and preparing record drawings based on contractor -provided red lines. FREYER & LAURETA, INC. Civil Engineers • Surveyors • Construction Managers 11 FL PROJECT TEAM QUALIFICATIONS & EXPERIENCE F&L is requesting consideration to provide civil engineering consulting services to the City for various Capital Improvement Projects. F&L's team members are highly experienced in providing on -call services for municipal clients throughout the region. F&L's team of 32 is comprised of nine professional engineers who can support the City. All members of the F&L team are immediately available for the project and committed to establishing and maintaining an excellent working relationship with the City through regular contact, immediate response, and project performance. To maintain a concise proposal, full resumes can be found in the Appendix. Principal Staff: Richard J. Laureta, P.E. is F&L's President and will serve as Principal -in -Charge. Eric Biland, P.E., QSD/P, QISP, Senior Project Manager, will serve as Project Manager and the main point contact, supporting Rich and managing the rest of the technical team. Lorraine Htoo, P.E., is Vice President, will lead the QA/QC program. Other Key Personnel (all stationed in our Cupertino Office): Mark Quito is a Project Manager and will be the Design Manager for City projects. Jason Feudale is Construction & Engineering Service Manager and will lead the design of other City projects, should F&L be tasked with City projects with similar engineering and construction schedules. loana Taraopa, E.I.T., Andrea Garcia, E.I.T., Toni Steko, E.I.T., & Tess King are Design Engineers and will also provide engineering design support. F&L is able to provide additional engineering staff support from our Alameda, San Francisco, and Novato offices, as -needed. CITY OF CUPERTINO Key Personnel Biographies RICH LAURETA, P.E. has broad experience in civil engineering master planning, design, and construction. In his 30 years of professional experience, he has participated in the design, project management, and construction coordination of city, county, state, and federal rehabilitation and private development projects. He has extensive experience helping to manage sanitary districts, including District Engineering services for West Bay Sanitary District, which gives him detailed knowledge of regulatory and industry standards. FREYER & LAURETA, INC. Civil Engineers • Surveyors • Construction Managers 12 FL ERIC BILAND, P.E., QSD/P, QISP, LEED AP is an experienced water resource manager with over 23 years of experience - skilled at designing and planning for various stormwater projects, including sanitary potable and recycled water design for Private and industrial site development, water resource and trash capture master planning, and CEQA, LID, and sustainability. He brings decades of experience with riverine geomorphology, sea level rise, Floodplain Management, Federal and State clean water compliance, permitting, and threatened species work - producing Master Planning documents, reports, computer models, and EIR utility sections for communities throughout the Peninsula. MARK QUITO has broad experience in civil engineering design, including infrastructure design and hydraulics/hydrology modeling. Throughout his career, Mark has participated in numerous projects. He has been responsible for all aspects of the project, including design, development of construction drawings and technical specifications, project management, technical support during construction, and coordination of private sector engineering projects and city, county, and state projects. JASON FEUDALE has over 23 years of experience in municipal and construction engineering. The experience he has gained in grading, drainage, erosion control, and utility design and inspection allows Jason to provide a high level of independent and efficient production of civil engineering construction documents. Mr. Feudale has also gained a great deal of experience in construction inspection. He serves as the construction inspector for both the West Bay Sanitary District and the East Palo Alto Sanitary District and the Erosion Control Inspector for the Town of Portola Valley. IOANA TAROPA has extensive experience in water engineering and hydraulic and hydrology analysis. With more than 6 years of progressive experience in engineering, she has aided in effectively designing improved water and civil infrastructures for local municipalities liaising with transportation departments, weather agencies, water districts, and permitting entities. loana is highly skilled in data analysis, safety, and regulatory compliance, project reports and documentation, and stormwater management design. ANDREA GARCIA brings over 4 years of experience in public works and special district projects, particularly in road renovation and sanitary sewer design. She has made significant contributions to several high -profile projects, demonstrating her expertise in utility exhibits and civil design packages. Her skill set includes grading, earthwork calculations, utility design, and stormwater analysis. With her commitment to quality and effective project management, she ensures successful project execution and delivery. TONI STEKO has 6 years of experience to the team, having worked on a wide variety of project designs for stormwater, drinking water, and sanitary sewer systems. With a background in the construction industry, he has developed a strong skill set through hands-on experience in inspecting and testing construction materials, conducting laboratory analyses, and monitoring construction sites to ensure safety compliance. With a keen focus on quality control and assurance, Toni excels at reading and interpreting construction plans, guaranteeing that projects meet the highest standards. His expertise also includes geotechnical observation and soil inspection, along with meticulous attention to below -grade utilities. TESS KING joined F&L in 2024, bringing with her a strong background in Transportation Engineering, Physical and Environmental Geography, and Geographic Information Systems (GIS). She has extensive experience in construction management and technical communication, having worked as a Survey Assistant on significant construction and mining projects. Prior to F&L, she has worked on numerous significant projects, including light rail transit, design of a multi -modal parking lot, and participated in an award -winning river rehabilitation initiative. FREYER & LAURETA, INC. Civil Engineers • Surveyors • Construction Managers 13 LABOR RATE SCHEDULE FREYER Effective January 1, 2025 LAURETA, INC. CHARGE RATE SCHEDULE Professional & Technical Services of Freyer & Laureta, Inc. staff are provided on a fixed fee or an hourly rate basis as follows: Fixed Fee Where a definitive scope of work can be established, many of our clients prefer that a specific fee be agreed upon in advance. Billings are submitted monthly based upon percent complete as of the last accounting day of the month. Hourly Rate Applicable to Plan Preparation, Design, and Report services where the scope of work must remain open, Freyer & Laureta, Inc. utilizes the following hourly charge rate basis for billing purposes. Production Aide - Clerical $115 Drafter I - Technical Typist - Survey Tech II $120 Drafter II - Word Processor $130 Engineering Tech I - Drafter III $145 Staff Engineer I - Engineering Tech II - Survey Tech III $170 Staff Engineer II - Engineering Tech III - Survey Tech IV $175 Staff Engineer III - Senior Engineering Tech $180 Staff Engineer IV - Survey Tech V - Construction Inspector $200 Associate Engineer - Associate Surveyor (L.L.S.) $215 Senior Engineer - Construction Manager $230 Senior Construction Inspector $230 Project Manager - Principal Surveyor (L.L.S.) $245 Senior Project Manager - Principal Surveyor (U.S.) $265 Associate Principal $275 Principal $295 Forensic Engineering $400 Deposition & Court Appearance $500 Subconsultant, Reproduction, Printing, Travel, Mailing & Delivery - Cost plus 10% Interest Charge - Billings are due and payable The foregoing Charge Rate Schedule is within 30 days. A monthly interest charge equal to the incorporated into the Agreement for the Services of Federal Discount Rate plus 5% will be applied on the Freyer & Laureta, Inc. and may be updated annually. next billing beyond the 30 -day payment period. FREYER & LAURETA, INC. Civil Engineers • Surveyors • Construction Managers 14 FL R y Appendix FL FL F&L ATTACHMENT C Checklist of Services Discipline Services Qualified to Perform In -House (IH) or Sub -consultant (SC)? Comments or Notes Civil Engineering and Design x IH Civil Structural Engineering and Design X IH Cost Management/Estimates x IH Peer & Constructability Reviews x IH Geotechnical Engineering/Geology Hydraulic Engineering x IH Traffic/Transportation Engineering x IH/SC Construction Management x IH Construction Inspection x IH Staff Augmentation - Project Management x IH/SC Staff Augmentation - Development Services X IH Staff Augmentation — Concrete/Pavement Reconstruction/Maintenance programs x IH Site/Master Planning x IH Stormwater Management/SWPPP (QSD/P) x IH Environmental and CEQA Review x IH/SC BIM/CAD documentation and analysis Land Surveyors & Mapping x IH/SC Aerial Surveys x SC 3D laser scanning x SC Utility locating services x IH/SC Other services may include (but are not limited to): CAL/OES — FEMA specialties, Public Outreach, Architects, Landscape Arcitects, LEED AP/Sustainability accredited professionals, ADA compliance/CASp, Grant writing, Funding Assistance. FREYER & LAURETA, INC. Civil Engineers • Surveyors • Construction Managers 17 n Richard J. Laureta, P.E. PRESIDENT Rich Laureta has over 30 years of experience managing, planning, designing, and constructing various private and public agency projects, including storm drains, striping/pavement, potable water, wastewater, and facilities. He has performed as Engineer of Record for small, localized improvement projects and multidisciplinary teams for large infrastructure development projects. In addition to redevelopment work, Mr. Laureta has significant program management experience providing services for public agency capital improvement projects. He has designed the last fourteen storm drain projects for the City of Burlingame's Storm Drain Program and was part of large infrastructure projects, such as SVCW's RESCU program. He has extensive experience with planning, designing, and constructing various infrastructure improvement projects, including managing the design and CEQA process for work in highly sensitive areas. PROJECTS District Engineer/Public Works City of Burlingame Neighborhood Storm Drain Capital Improvement Project; City of San Bruno Spylass Hill Storm Drain Project; City of San Mateo Columbia Dr./Crystal Srings Rd. Storm Drain Improvements; West Bay Sanitary District and East Palo Alto Sanitary District, District Engineer; Silicon Valley Clean Water, Conveyance System; City of Pacifica Wet Weather Flow Equalization Basin Project; University of California, San Francisco, Misc. Projects; City of San Leandro, Wastewater Collection Systems Infrastructure Master Planning & Design Treasure Island, Stages 2 & 3; University of California, San Francisco; Mission Bay — Residential Area, Park NP 1-2, Park NP 3-5, & Park P16 projects, Mission Bay Drive & Circle Project; Blocks 29 - 32 & 33 - 34 Utility Master Plan, South of Channel (Chase Center); Long Range Development Plan Roadway & Infrastructure Naval Training Center Drainage Design, San Diego; Rankin Pump Station Design, San Francisco; Ralston Avenue Grade Separation, Belmont; Special Weapons Area Pump Station, NAS North Island; Sutro Tower Improvements & Pier 45 Seismic Retrofit, San Francisco; Guadalupe River Retaining Walls, San Jose Bollman; Water Treatment Plant Expansion, Concord Office, Commerical & Residential Britannia Oyster Point, South San Francisco; Hercules Properties PUD, Hercules; McGrath Rentcorp Offices, Livermore; Children's Center, NAS North Island, San Diego; Marriott Courtyard & Bay West Cove, So. San Francisco; Channel Street (SF) Partners, One Mission Bay; BOSA, Arden, San Francisco FREVER & LAURET,.., ...... Civil Engineers • Surveyors • Construction Managers d' pm'} if n Lorraine F. Htoo, P.E., LEED AP VICE PRESIDENT Lorraine Htoo has over twenty years of civil engineering design and construction support experience on public and private sector projects. Her background includes project management, field studies, alternative analyses, storm drain design, low impact development design, sanitary sewer rehabilitation design, joint trench design, water and reclaimed water pipeline design, cost estimates, and quality control/quality assurance design reviews. Lorraine has experience coordinating major projects with multidisciplinary teams in planning, design and construction stages. Her experience and dedication to the engineering profession is demonstrated with her diverse project background and involvement with local professional engineering groups and committees. A sample of her public work and infrastructure projects include: PROJECTS Public Works Town of Hillsborough Highline Project, Hillsborough; CVSan, Gravity Sewer Repair and Rehabilitation Project; WBSD: FERFF Levee Improvements & Warehouse Projects; North Bay & Ringwood Sewer Improvements, Coyote Hill Improvements Project; City of San Bruno, Spyglass Dr Drainage Improvements; SVCW Recycled Water Line Project; SFPW: ESER NFS 05; Fire Station No .2 Fuel Tank Relocation; ESER New Fire Station No 35 at Pier 22.5; City of Millbrae: Corte Alegre Sewer Improvements; Millbrae Box Culvert Replacement; City of South San Francisco, Orange Memorial Pool Feasibility Study; City of Burlingame — Easton Drive Drainage Improvements, Neighborhood Storm Drain Projects #12 and #13, Pipe Cleaning and Assessment, Burlingame Ave Storm Drain, Hillside and Skyview Reservoir, Culvert Crossing Repairs, Bayshore Water Valve Replacement; City of Brisbane — Sewer line & Manhole Rehabilitation, Pump Station & Water Tank Storage; City of Oakley — Regional Park, Police Parking Lot Extension, Holly Creek Park Restroom, Storm Drain Line J;USD, Canyon Heights Sewer Replacement; City of San Mateo, Casanova Pump Station Replacement; City of Antioch, Phase II Trunk Sewer Improvements; City of American Canyon, American Canyon Water Tanks, CSM Medical Center Campus Improvements, San Mateo. Infrastructure Master Planning & Design Bakar ClimatEnginuity Hub, Berkeley; Mission Bay — Blocks: 36-39 Public Improvements Project; 8, 9, 9A and Park P 19 Phase II; 9/9A and 10/10A, Owens Street Widening Project, Park P5; Park P22 & Block N5; UCSC: Marine Science Campus Infrastructure; Coastal Biology Building; Cotati-Kastania Pipeline, SCWA; IRWP SRURP, City of Santa Rosa; Marina Coast Water District, San Ramon Valley Recycled Water Pump Station R200A & Pipeline Project 191 FREVER & LAURETA, INC. Civil Engineers • Surveyors • Construction Managers n 4 - • ri'. Eric Biland, P.E., QSD/p, QISP SENIOR PROJECT MANAGER Eric Biland is an experienced water resource manager with over 22 years of experience. His engineering and construction practices background provides clients with technical expertise informed by practical experience in stormwater, sanitary sewer, potable water systems, FEMA floodplain hydrology and hydraulic analyses, water quality issues, calculations, studies, and reports. CEQA/NEPA permitting experience includes regularly working with District representatives of the US Army Corps of Engineers, California Department of Fish and Wildlife, and the Regional Water Quality Control Board. Eric has produced Master Planning documents, reports, computer models, and EIR utility sections for communities in San Francisco, Alameda, the Peninsula, and the Central Valley and currently serves on the East Bay Leadership Council Water & Environment Task Force and the San Francisco Bay Area MRP 3.O Provision C.3.c Alternative Treatment Systems Workgroup. ROJECTS Infrastructure Design & Master Planning West Bay Sanitary District: Willow Pump Station, Stowe Lane Pump tations, Telemetry Systems Replacement Project; San Mateo County Coyte Point Sewer System; BART HMC Stormwater Master Plan (WRECO/HDR); Gateway at Millbrae (WRECO); Port of Oakland 7th Street Grade Separation (WRECO); Treasure Island Master Plan Stormwater & Sanitary Sewer Pump Stations; Alameda FISC East Housing & Bayport Landing; Millbrae Bart Redevelopment; San Antonio Center, Mountain View; Moss Beach Highlands; Berryessa Bart Parking, Milpitas; Delta Coves, Bethel Island; Simms Metal Port -Based Recycling Center, Redwood City; City of Sunnyvale Storm System Trash Capture Devices; San Francisco Bay Area Rapid Transit District Hayward Maintenance Complex Phase 2 Study; Town of Atherton Belbrook Culvert Repair and Slope Stabilization Project Creek Projects Atherton Channel Creek Stabilization; Lands of Washwani FEMA Flood Control & ESHA Blue Line Channel Modifications, Los Altos; San Pablo Creek Bank Stabilization, Orinda; Sand Hille Road Bridgereasure Island Master Plan Stormwater & Sanitary Sewer Parks & Recreation Creekside Park Sensitive Habitat, Greenbrae; Alpine Hills Tennis Club, Portola Valley; Emerald Glen Park Water Feature, Dublin; Gate of Heaven Cemetery Multi -Use Lake System, Los Altos; Half Moon Bay Community Park Master Plan; Pinnacles National Monument Potable Water System Design \ff FREVER & LAURETA, INC. Civil Engineers. Surveyors. Construction Managers n Jason Feudale CONSTRUCTION & ENGINEERING SERVICES MANAGER Mr. Feudale has over 23 years of experience in designing and constructing redevelopment and infrastructure replacement projects. His expertise in grading, drainage, erosion control, and utility design provides F&L with a high level of independent and efficient civil engineering construction document production. He has gained a great deal of experience in construction inspection that he applies to his design drawings to ensure a constructible project. In addition to his design experience, he has served as a construction inspector on multiple projects throughout the Bay Area. A few engineering projects Jason has worked on for F&L, include: PROJE(. i, Infrastructure Planning & Design Town of Los Altos Hills Engineering Analysis of Adobe Creek Sewer System; Stanford University Bowdin Storm Drain Replacement Project and Residential Housing Area Water Main Replacement Project; Mission Bay Development, San Francisco; Britannia Oyster Point, So San Francisco; Village Square Pump Station, Cervantes Road Grinder Pump Force Main, Portola Valley; Stowe Lane Pump Station, San Mateo County; Sewer Pipe line Replacement, Wicks & Blue Dolphin Pump Stations, Sewer Point Repair, San Leandro; Foothills Park Maintenance and Parking Lot, Palo Alto; Neighborhood Storm Drain Project # 1 & # 2, Burlingame; East Palo Alto Capital Improvement Project 2007 & 2008, 2010 Sanitary Sewer Improvement Project, Illinois Pump Station, East Palo Alto; West Bay Sanitary District Offices Building, Capital Improvement Project 2005 - 2008, 2009 - 2010, 2010 - 2011, 2011 - 2012, Belle Haven Phases I - III, Sausal Vista Sanitary Sewer Pump Station, Menlo Park; Stanford San Hill Water Design, City of Palo Alto Construction Inspection I<ebcenell Residence Drive Way, Peak Lane Grinder Pump Force Main, Cervantes Road Grinder Pump Force Main, Westridge Drive Sewer Project, Portola Valley; Veterans Hospital Sewer, Royal Oak Sewer, Lane Woods Sewer, Heritage Oaks Sewer, Morgan Lane Sewer I & II, Pope Street Emergency Sewer Project, Menlo Park; Los Trancos Sewer Project, San Mateo County; 2016 Sanitary Sewer Capital Improvements, Town of Los Altos Hills; Delaware Trunk Sewer Rehabilitation, City of San Mateo FREVER & LAURETA, INC. Civil Engineers • Surveyors • Construction Managers FL Mark Quito SENIOR PROJECT ENGINEER Mr. Quito has a broad experience in civil engineering design, including infrastructure design and hydraulics/hydrology modeling. Throughout his career, Mr. Quito has participated in numerous projects and has been responsible for all aspects of the project, including design, development of construction drawings and technical specifications, project management, and technical support during construction, as well as coordination of private sector engineering projects, as well as city, county, and state projects. His experience and dedication to the profession allow him to contribute to the success of diverse engineering projects. A few engineering projects Mark has worked on include: PROJECT! Infrastructure Planning & Design Michelle Mutual Water Company Water Storage Tank Replacement; Foster City Emergency Generator Replacement; Las Gallinas Terra Linda Force Main Access Structure, and Miscellaneous Pump Station Improvement; UCSF Aldea Paving & Sidewalk; Hillsborough Resurfacing Project; San Mateo Waste Water Treatment Plant Survey Mapping; Pacifica Balboa Roadway Repair; Palo Alto Bayshore Water Meter Replacement; Daly City 5B Seismic Performance Improvements; Pacifica Wet Weather Equalization Basin; Los Angeles Regional Expo Phase 2; Folsom Hazel Avenue Widening Project; Cabrillo Bridge Widening; Elk Grove Southeast Connector; Fremont Bart Warm Springs Station; Lower Sacramento Road; Yolo Bypass Levee Modification; Sacramento Natomas Levee Improvement Project; San Francisco Doyle Drive Temporary Wastewater Pump Station Project; Cambria Pump Station Commercial/Residential Planning & Design San Carlos Technology Center Landscape Project; Mission Bay Mid - Block 9 Project; Alexandria Center for Life Science; Gladstone Institute Building Expansion; Block 9 Homeless Housing Development; 1700 Owens Entrance Way Redesign; 4th & Folsom Homeless Housing Development; Berkeley Tolman Hall Building; Uber Mission Bay Headquarters; San Diego Airport Rental Car Parking Structure FREVER & LAURETA, INC. Civil Engineers • Surveyors • Construction Managers n loana Ta ropa, E.I.T STAFF ENGINEER loana has extensive experience in water engineering and hydraulic and hydrology analysis. With more than 6 years of progressive experience in engineering, she has aided in effectively designing improved water and civil infrastructures for local municipalities, liaising with transportation departments, weather agencies, water districts, and permitting entities. loana is highly skilled in data analysis, safety and regulatory compliance, project reports and documentation, and stormwater management design. PUBLI( WARMS PROJECTS City of Pacifica Wet Weather Flow Equalization Basin (WWFEB) Pacifica, CA County of San Mateo Coyote Point County Park Sanitary Sewer Improvements San Mateo, CA West Bay Sanitary District Telemetry Systems Replacement Menlo Park, CA WBSD Willow Road Pump Station Replacement Menlo Park, CA Town of Hillsborough Highline Waterline Hillsborough, CA LGVSD Emergency Bypass Structures San Rafael, CA LGVSD FM Access Structures San Rafael, CA Michele Mutual Water Company Water Tank Replacement Santa Rosa, CA SVCW SWPPP Inspections Redwood City, CA SLVWD Foreman Creek Pressure Break WBSD Stowe Lane Pump Station & Filtration Structure Replacement Boulder Creek, CA Menlo Park, CA Bayshore Sanitary District Carlyle North Marin Water District, Bahia Pump Station CIP Report Pump Station Redwood City, CA Novato, CA INFRASTRUCTURE PROJEi. . India Basin Redevelopment Street Improvement Plan San Francisco, CA UCSF Aldea Road Resurfacing San Francisco, CA 165O Owens Easement Vacation Applications San Francisco, CA FREVER & LAURETa. , ...... Civil Engineers • Surveyors • Construction Managers n Andrea Garcia, E.I.T STAFF ENGINEER Andrea is a dedicated civil engineer with over 4 years of experience in public works and special district projects, particularly in road renovation and sanitary sewer design. She has made significant contributions to several high -profile projects, demonstrating her expertise in utility exhibits and civil design packages. Her skill set includes grading, earthwork calculations, utility design, and stormwater analysis. With her commitment to quality and effective project management, she ensures successful project execution and delivery. She has served as a Staff Engineer on numerous public works and infrastructure projects, including: PUBLIC WORKS PROJECTS SLVWD Coyote Point County Park Sanitary Sewer Improvements Boulder Creek, CA Atherton El Camino Real Stormwater & Drainage Improvements Atherton, CA City of East Palo Alto 12 -Inch Transmission Watermain East Palo Alto, CA WBSD Willow Road Pump Station Menlo Park, CA WBSD Stowe Lane Pump Station Menlo Park, CA Stanford Cul-De-Sace Water & Sanitary Sewer Replacement Stanford, CA San Carlos Pulgas Watershed Study San Carlos, CA Fire Station No. 3 Drill Tower Salinas, CA City of Salinas Facility ADA Ramp Salinas, CA Estero Municipal Improvement District Foster City, CA INFRASTRUCTURE PROJECTf Revised Site -Wide Master Plan Conceptual Design and Phase 1 Schematic Design(Private) San Carlos, CA 1400 Fashion Island Blvd., D&D Pipelines San Mateo, CA Block 9 Mission Bay Bridgeview Way San Francisco, CA Mission Bay Levee Improvement San Francisco, CA Mission Bay Parks P2 & P8 San Francisco, CA ACLS Joint Trench Redesign (Private) San Carlos, CA Temporary Creek Bank Mitigation (Private) San Carlos, CA M FREVER & LAURET,, INC. Civil Engineers • Surveyors • Construction Managers Toni Steko, E.I.T. STAFF ENGINEER Toni brings 6 years of experience to the team, having worked on a wide variety of project designs for stormwater, drinking water, and sanitary sewer systems. With a background in the construction industry, he has developed a strong skill set through hands-on experience in inspecting and testing construction materials, conducting laboratory analyses, and monitoring construction sites to ensure safety compliance. With a keen focus on quality control and assurance, Toni excels at reading and interpreting construction plans, guaranteeing that projects meet the highest standards. His expertise also includes geotechnical observation and soil inspection, along with meticulous attention to below - grade utilities. Throughout his career, Toni has successfully contributed to a diverse range of projects, including: PUBLIC WORKS County of San Mateo Coyote Point Sanitary Sewer Improvements, San Mateo, CA Bayshore Sanitary District Carlyle Pump Station, San Bruno, CA San Lorenzo Valley Water District Foreman Pressure Break, Boulder Creek, CA San Mateo Clombia Dr. & Crystal Springs Rd. Stormdrain Improvements, San Mateo, CA San Carlos Pulgas Watershed Study, San Carlos, CA West Bay Sanitary District Telemetry Systems Replacement, Menlo Park, CA City of East Palo Alto University Ave. & Weeks 12 -Inch Watermain, East Palo Alto Chemeketa Park Mutual Water Co. Drought Relief Water Storage Capacity, Redwood Estates Town of Atherton El Camino Real Corridor Storm water, Atherton, CA City of Pacifica Wet Weather Flow Equalization Basin (WWFEB), Pacifica, CA City of Scotts Valley Granite Creek SD Replacement, Scotts Valley, CA West Bay Sanitary District Willow Road Pump Station, Palo Alto, CA Bayfront Recycled Water Facility, Palo Alto, CA CONSTRUCTION ENGINEERING PROJECTS Fargo Moorhead Diversion, Fargo, ND Embridge Line 3 Pipeline Project, MN Amazon Fulfillment Center, Fargo, ND Main Ave. Grade Separation, Moorhead, MN NDSP- Soybean Processing Facility, Casselton, ND ONEOK Natural Gas Compressor Stations, MN Block 9 Highrise, Fargo, ND South Dakota Wind Energy Farms, SD Flood Protection Structures & Levees, Red River Valley, ND/MN NDDOT & MNDOT Road and Bridges, ND/MN Gainesville High School Additions, Gainesville, TX FREVER & LAURETA, INC. Civil Engineers. Surveyors. Construction Managers n Tess King STAFF ENGINEER Tess joined F&L in 2024, bringing a strong background in Transportation Engineering, Physical and Environmental Geography, and Geographic Information Systems (GIS). She has extensive experience in construction management and technical communication, having played key roles as a Survey Assistant on several major construction and mining projects. Before joining F&L, Tess contributed to various significant initiatives, including the development of light rail transit, the design of a multi -modal parking facility, and an award -winning river rehabilitation project. Her work demonstrates a commitment to innovative and sustainable engineering solutions. She has served as a Staff Engineer on numerous public works and infrastructure projects, including: PUBLIC WORKS PROJECTC Stanford University Cul-De-Sac Water & Sanitary Sewer Replacement Stanford, CA Atherton El Camino Real Stormwater & Drainage Improvements Atherton. CA SLVWD Foreman Creek Pressure Break Boulder Creek, CA Revised Side -Wide Paster Plan Conceptual Design & Phase 1 Schematic Design (Private) San Francisco, CA INFRASTRUCTURE Stanford University Cul-De-Sac Water & Sanitary Sewer Replacement Stanford, CA UCSF Aldea Road Paving & Sidewalk Repair San Francisco, CA East Palo Alto Sanitary District On -Call East Palo Alto, CA WBSD Plat & Legal Descriptions Menlo Park & Portola Valley, CA San Carlos Pulgas Watershed Study San Carlos, CA I *N FREVER & LAURETA, INC. Civil Engineers • Surveyors • Construction Managers 1j] FREYE LAURE , INC. HEADQUARTERS EAST BAY NORTH BAY SOUTH BAY 150 Executive Park Blvd. 1101 Marina Village Pkwy 505 San Marin Dr. 20863 Stevens Creek Blvd. Suite 4200 Suite 104 Suite A220 Suite 400 San Francisco, CA 94134 Alameda, CA 94501 Novato, CA 94945 Cupertino, CA 95014 (415) 534-7070 (510) 937-2310 (415) 534-7070 (408) 516-1090 www.freyerlaureta.com CITY OF CUPERTINO MASTER AGREEMENT CONSULTANT SERVICES SERVICE ORDER NO. MASTER AGREEMENT #: Maximum Compensation: Consultant: Firm Name: Address: Contact: Email Address: MA Date: MA End Date: City Project Management Managing Department: Public Works Project Manager: Fiscal/Budget: SO Acc't #: Project #: Ph: Master Agreement Maximum Compensation: $ Total Previously Encumbered to Date: Encumbrance this Service Order: Master Agreement Unencumbered Balance: PO #: Date: EXHIBIT B Approvals: Consultant: Date: Manager: Date: Appropriation Certification: I hereby certify that an unexpended appropriation is available in the above fund for the above contract as estimated and that fund are available as of this date of signature City Finance: Date: Management Analyst City of Cupertino Master Agreement Service Order Item II Description II GL Account Code H Project Code EXHIBIT D Insurance Requirements Design Professionals Contracts Consultant shall procure prior to commencement of Services and maintain for the duration of the contract, at its own cost and expense, the following insurance policies and coverage with companies doing business in California and acceptable to City. INSURANCE POLICIES AND MINIMUMS REQUIRED 1. Commercial General Liability (CGL) with coverage at least as broad as Insurance Services Office (ISO) Form CG 00 01, with limits no less than $2,000,000 per occurrence and $2,000,000 general aggregate. The policy shall include a per project or per location general aggregate endorsement as broad as CG 25 03 or CG 24 04. If a per project/location endorsement is not available, the limit of the general aggregate shall be doubled. 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 allow and be endorsed "primary and non-contributory," will not seek contribution from City's insurance/self-insurance, and shall be at least as broad as the most recent edition of ISO Form CG 20 01. c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess liability insurance, provided each policy follows form of the underlying policy and 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. The City's own insurance or self-insurance shall not be called upon. 2. Automobile Liability: Coverage shall be provided using ISO CA 00 01 covering any auto (including owned, hired, and non -owned autos) with limits no less than $1,000,000 each accident for bodily injury and property damage. ❑ Not required. Consultant shall be fully remote and not use automobiles to provide the service. In the event Consultant uses an automobile or automobiles in the operation of its business to provide services under this Agreement, the Consultant shall, prior to such use, provide the City with evidence of Business Automobile Liability insurance coverage in the amount required under this Section 2 for owned, non -owned and hired autos (any auto -Symbol 1), or if Consultant does not own autos (hired autos -Symbol 8 and non -owned autos -Symbol 9). Evidence shall be provided with a Certificate of Insurance, along with an additional insured endorsement in favor of the City, primary and non- contributory coverage and endorsement, and waiver of subrogation coverage and endorsement under the policy prior to the use of any automobile. ❑ Consultant has provided written confirmation that it does not own any autos. Consultant shall provide coverage for hired autos -Symbol 8 and non -owned autos -Symbol 9. Primary and Non -Contributory coverage and Waiver of Subrogation coverage is waived under the Automobile Liability hired and non -owned only coverage. In the event Consultant uses an owned automobile or automobiles in the operation of its business to provide services under this Agreement, the Consultant shall, prior to such use, provide the City with evidence of Business Automobile Liability insurance coverage in the amount required under this Section 2 for owned, non -owned and hired autos (any auto -Symbol 1). Exh. D - Insurance Contracts Version: May 2025 ❑ In lieu of Business Automobile Liability, Consultant shall maintain throughout the term of this Agreement and provide the City with evidence (including the policy Declarations Page) of personal automobile insurance coverage in accordance with the laws of the State of California. As available under the policy, evidence shall be provided with the Certificate of Insurance, along with an additional insured endorsement in favor of the City, primary and non-contributory coverage and endorsement, and waiver of subrogation coverage and endorsement. City approval of coverage is required prior to commencement of services. 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 each accident/ disease. ❑ Not required. Consultant has provided written verification of no employees. 4. Professional Liability for professional acts, errors and omissions, if applicable and as appropriate to Consultant's profession, with limits no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. If written on a claims -made basis form: a The Retroactive Date must be shown and must be before the Effective Date of the Contract. b Insurance must be maintained for at least five (5) years after completion of the Services. c If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the Contract Effective Date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of the Services. OTHER INSURANCE PROVISIONS The aforementioned insurance policies shall contain, be endorsed and have all the following conditions and provisions: Additional Insured Status The City of Cupertino, its City Council, officers, officials, employees, agents, and volunteers ("Additional Insureds") are to be covered and endorsed as additional insureds on Consultant's CGL and automobile liability policies. General Liability coverage shall 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 if not available, through the addition of both CG 20 10 and CG 20 37 forms, if later editions are used). Primary and Non -Contributory Coverage Except Workers' Compensation, coverage afforded to City/Additional Insureds shall allow and be endorsed 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. If a carrier will not provide the required notice of cancellation or policy modification, the Consultant shall provide written notice to the City of a cancellation or policy modification no later than 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 General Liability, Automobile Liability and Workers' Compensation policies shall allow and be endorsed with a waiver of subrogation in favor of City, its employees, agents and volunteers. This provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Exh. D - Insurance Requirements_ for Design Professionals Contracts Version: May 2025 Deductibles and Self -Insured Retentions Any deductible or self -insured retention must be declared to and approved by the City (Insert on the Certificate of Insurance, if zero, insert "$0"). 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 Insurance shall be placed with insurers admitted in the State of California and with an AM Best rating of A -VII or higher. Verification of Coverage Consultant must furnish acceptable insurance certificates and amendatory endorsements (or copies of the policies effecting the coverage required by this Contract), including 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 indemnification, defense, and 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/coverages based on the nature of the risk, prior experience, insurer or other special circumstances, with not less than ninety (90) days prior written notice. Exh. D - Insurance Requirements for Design Professionals Contracts Version: May 2025 A� o® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) 4/13/2026 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER (HD) Heffernan Insurance Brokers 1350 Carlback Avenue Walnut Creek CA 94596 CONTACT NAME: Elizabeth Lee PHONE FAX A/C No Ext): 925-934-8500 A/C No): 925-934-8278 ADDRESS: elizabethl@heffins.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Travelers Casualty and Surety Company of America 31194 INSURED FREY&LA-02 INSURER B: Lloyd's of London Freyer & Laureta, Inc. 150 150 Executive Park Blvd, Suite 4200 INSURER C: The Travelers Indemnity Company of Connecticut 25682 INSURER D: Travelers Property Casualty Company of America 25674 San Francisco CA 94134 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 632385629 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DDIYYYY C X COMMERCIAL GENERAL LIABILITY Y Y 680-00149432-25-47 10/19/2025 10/19/2026 EACH OCCURRENCE $ 2,000,000 DAMAGE TO RENTED CLAIMS -MADE A OCCUR PREMISES (Ea occurrence) $ 100,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY JE� LOC MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 2,000,000 GENERAL AGGREGATE $4,000,000 PRODUCTS - COMP/OP AGG $ 4,000,000 OTHER: $ D AUTOMOBILE LIABILITY Y Y BA-0015990A-25-47 10/19/2025 10/19/2026 COMBINED SINGLE LIMIT $ 1,000,000 Ea accident) X ANY AUTO BODILY INJURY (Per person) $ OWNED fl SCHEDULED BODILY INJURY (Per accident) $ AUTOS ONLY AUTOS X HIRED X NON -OWNED PROPERTY DAMAGE $ $ AUTOS ONLY AUTOS ONLY Per accident D X UMBRELLA LIAB X OCCUR Y Y CUP -00161457-25-47 10/19/2025 10/19/2026 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 EXCESS LIAB CLAIMS -MADE DED RETENTION$ $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N Y UB-C458978A-25-47 10/19/2025 10/19/2026 X PER OTH- STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 A Professional/Pollution Incident 105305036 6/25/2025 6/25/2026 PER CLAIM/ AGGREGATE $5,000,000 B A Cyber Crime/Employee Theft ESO0040459064 108463161 7/31/2025 3/25/2026 6/13/2026 3/25/2027 AGGREGATE AGGREGATE $1,000,000 $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are included as an additional insured on a primary and non-contributory basis on the General Liability and Automobile Liability policies per the attached endorsements, if required. Waiver of Subrogation is included on General Liability, Auto Liability and Workers Compensation per the attached endorsement, if required. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Cupertino 10300 Torre Avenue Cupertino CA 95014 AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Policy Number: BA-0015990A-25-47 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BLANKET ADDITIONAL INSURED B. EMPLOYEE HIRED AUTO C. EMPLOYEES AS INSURED D. SUPPLEMENTARY PAYMENTS - INCREASED LIMITS E. TRAILERS - INCREASED LOAD CAPACITY F. HIRED AUTO PHYSICAL DAMAGE G. PHYSICAL DAMAGE - TRANSPORTATION EXPENSES - INCREASED LIMIT A. BLANKET ADDITIONAL INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II - COVERED AUTOS LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. B. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II - COV- ERED AUTOS LIABILITY COVERAGE: H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT - INCREASED LIMIT I. WAIVER OF DEDUCTIBLE - GLASS J. PERSONAL PROPERTY K. AIRBAGS L. AUTO LOAN LEASE GAP M. BLANKET WAIVER OF SUBROGATION performing duties related to the conduct of your business. 2. The following replaces Paragraph b. in B.5., Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in an "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". An "employee" of yours is an "insured" while C. EMPLOYEES AS INSURED operating a covered "auto" hired or rented The following is added to Paragraph A.1., Who Is under a contract or agreement in an "em- An Insured, of SECTION II - COVERED AUTOS ployee's" name, with your permission, while LIABILITY COVERAGE: CA T4 20 02 15 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 3 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. D. SUPPLEMENTARY PAYMENTS - INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2) of SECTION II - COVERED AUTOS LIABILITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4) of SECTION II - COVERED AUTOS LIABILITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work. E. TRAILERS - INCREASED LOAD CAPACITY The following replaces Paragraph C.1. of SEC- TION I - COVERED AUTOS: 1. "Trailers" with a load capacity of 3,000 pounds or less designed primarily for travel on public roads. F. HIRED AUTO PHYSICAL DAMAGE The following is added to Paragraph A.4., Cover- age Extensions, of SECTION III - PHYSICAL DAMAGE COVERAGE: Hired Auto Physical Damage Coverage If hired "autos" are covered "autos" for Covered Autos Liability Coverage but not covered "autos" for Physical Damage Coverage, and this policy also provides Physical Damage Coverage for an owned "auto", then the Physical Damage Cover- age is extended to "autos" that you hire, rent or borrow subject to the following: (1) The most we will pay for "loss" to any one "auto" that you hire, rent or borrow is the lesser of: (a) $50,000; (b) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (c) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. (2) An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss". (3) If a repair or replacement results in better than like kind or quality, we will not pay for the amount of betterment. (4) A deductible equal to the highest Physical Damage deductible applicable to any owned covered "auto". (5) This Coverage Extension does not apply to: (a) Any "auto" that is hired, rented or bor- rowed with a driver; or (b) Any "auto" that is hired, rented or bor- rowed from your "employee". G. PHYSICAL DAMAGE - TRANSPORTATION EXPENSES - INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SECTION III - PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT — INCREASED LIMIT Paragraph C.1.b. of SECTION III - PHYSICAL DAMAGE COVERAGE is deleted. I. WAIVER OF DEDUCTIBLE — GLASS The following is added to Paragraph D., Deducti- ble, of SECTION III - PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. J. PERSONAL PROPERTY The following is added to Paragraph A.4., Cover- age Extensions, of SECTION III - PHYSICAL DAMAGE COVERAGE: Personal Property Coverage We will pay up to $400 for "loss" to wearing ap- parel and other personal property which is: (1) Owned by an "insured"; and (2) In or on your covered "auto". This coverage only applies in the event of a total theft of your covered "auto". No deductibles apply to Personal Property cover- age. Page 2 of 3 © 2015 The Travelers Indemnity Company. All rights reserved. CA T4 20 02 15 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO K. AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION III - PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss". L. AUTO LOAN LEASE GAP The following is added to Paragraph A.4., Cover- age Extensions, of SECTION III - PHYSICAL DAMAGE COVERAGE: Auto Loan Lease Gap Coverage for Private Passenger Type Vehicles In the event of a total "loss" to a covered "auto" of the private passenger type shown in the Schedule or Declarations for which Physical Damage Cov- erage is provided, we will pay any unpaid amount due on the lease or loan for such covered "auto" less the following: (1) The amount paid under the Physical Damage Coverage Section of the policy for that "auto"; and (2) Any: (a) Overdue lease or loan payments at the time of the "loss"; (b) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (c) Security deposits not returned by the les- sor; (d) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (e) Carry-over balances from previous loans or leases. M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV - BUSINESS AUTO CONDI- TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract exe- cuted prior to any "accident" or "loss", pro- vided that the "accident" or "loss" arises out of the operations contemplated by such con- tract. The waiver applies only to the person or organization designated in such contract. CA T4 20 02 15 © 2015 The Travelers Indemnity Company. All rights reserved. Page 3 of 3 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Policy Number: BA-0015990A-25-47 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM PROVISIONS 1. The following is added to Paragraph A.1.c., Who Is An Insured, of SECTION II - COVERED AUTOS LIABILITY COVERAGE: This includes any person or organization who you are required under a written contract or agreement between you and that person or organization, that is signed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to name as an additional insured for Covered Autos Liability Coverage, but only for damages to which this insurance applies and only to the extent of that person's or organization's liability for the conduct of another "insured". 2. The following is added to Paragraph B.5., Other Insurance of SECTION IV - BUSINESS AUTO CONDITIONS: Regardless of the provisions of paragraph a. and paragraph d. of this part 5. Other Insurance, this insurance is primary to and non-contributory with applicable other insurance under which an additional insured person or organization is the first named insured when the written contract or agreement between you and that person or organization, that is signed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, requires this insurance to be primary and non-contributory. CA T4 74 02 16 © 2016 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Policy Number: 680-C0149432-25-47 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION II - WHO IS AN INSURED: Any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Coverage Part, but: a. Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b. If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies, or in connection with premises owned by or rented to you. The person or organization does not qualify as an additional insured: c. With respect to the independent acts or omissions of such person or organization; or d. For "bodily injury", "property damage" or "personal injury" for which such person or organization has assumed liability in a contract or agreement. The insurance provided to such additional insured is limited as follows: e. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this Coverage Part. f. This insurance does not apply to the rendering of or failure to render any "professional services". g. In the event that the Limits of Insurance of the Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the insurance provided to the additional insured shall be limited to the limits of liability required by that "written contract requiring insurance". This endorsement does not increase the limits of insurance described in Section III — Limits Of Insurance. h. This insurance does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products - completed operations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that occurs before the end of the period of time for which the "written contract requiring insurance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 2. The following is added to Paragraph 4.a. of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: The insurance provided to the additional insured is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover. However, if you specifically agree in the "written contract requiring insurance" that this insurance provided to the additional insured under this Coverage Part must apply on a primary basis or a primary and non-contributory basis, this insurance is primary to other insurance available to the additional insured which covers that person or organizations as a named insured for such loss, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have signed that "written contract requiring insurance". But this insurance provided to the additional insured still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional insured under any other insurance. CG D3 81 09 15 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission Policy Number: 680-C0149432-25-47 COMMERCIAL GENERAL LIABILITY 3. The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, done under a "written contract requiring insurance" with that person or organization. We waive this right only where you have agreed to do so as part of the "written contract requiring insurance" with such person or organization signed by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. 4. The following definition is added to the DEFINITIONS Section: "Written contract requiring insurance" means that part of any written contract under which you are required to include a person or organization as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs and the "personal injury" is caused by an offense committed: a. After you have signed that written contract; b. While that part of the written contract is in effect; and c. Before the end of the policy period. Page 2 of 2 © 2015 The Travelers Indemnity Company. All rights reserved. CG D3 81 09 15 Includes the copyrighted material of Insurance Services Office, Inc., with its permission TRAVELERS j WORKERS COMPENSATION AND ONE TOWER SQUARE EMPLOYERS LIABILITY POLICY HARTFORD CT 06183 ENDORSEMENT WC 99 03 76 ( A) - 001 POLICY NUMBER: UB-C458978A-25-47-G WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. The additional premium for this endorsement shall be 2.00 % of the California workers' compensation pre- mium. Schedule Person or Organization Job Description ANY PERSON OR ORGANIZATION FOR ENGINEERS WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 10/19/2025 Policy No. UB-C458978A-25-47 Endorsement No. Insured Freyer & Laureta, Inc. Premium Insurance Company Countersigned by_ DATE OF ISSUE: 01-20-26 ST ASSIGN: Page 1 of 1 Civil Engineering Services Final Audit Report 2026-04-22 Created: 2026-04-22 By: Webmaster Admin (webmaster@cupertino.org) Status: Signed Transaction ID: CBJCHBCAABAA-Pkb2vUo7w5hKusun2NhI5pCgYDWINGg "Civil Engineering Services" History Document created by Webmaster Admin (webmaster@cupertino.org) 2026-04-22 - 4:50:00 PM GMT- IP address: 35.229.54.2 Document emailed to aracelia@cupertino.org for approval 2026-04-22 - 4:58:05 PM GMT Email viewed by aracelia@cupertino.org 2026-04-22 - 4:58:18 PM GMT- IP address: 34.203.224.140 Email sent to Webmaster Admin (webmaster@cupertino.org) bounced and could not be delivered 2026-04-22 - 4:58:59 PM GMT Signer aracelia@cupertino.org entered name at signing as Araceli Alejandre 2026-04-22 - 5:07:43 PM GMT- IP address: 71.202.76.156 Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2026-04-22 - 5:07:45 PM GMT - Time Source: server- IP address: 71.202.76.156 ► Document emailed to Jeffrey Tarantino (tarantino@freyerlaureta.com) for signature 2026-04-22 - 5:07:51 PM GMT 'a Email sent to Webmaster Admin (webmaster@cupertino.org) bounced and could not be delivered 2026-04-22 - 5:08:00 PM GMT Email viewed by Jeffrey Tarantino (tarantino@freyerlaureta.com) 2026-04-22 - 5:09:57 PM GMT- IP address: 104.47.74.126 Document e -signed by Jeffrey Tarantino (tarantino@freyerlaureta.com) Signature Date: 2026-04-22 - 5:12:25 PM GMT - Time Source: server- IP address: 198.0.219.41 Document emailed to michaelw@cupertino.org for signature 2026-04-22 - 5:12:30 PM GMT Powered by Adobe cvrLr Ihv Acrobat Sign Ea Email sent to Webmaster Admin (webmaster@cupertino.org) bounced and could not be delivered 2026-04-22 - 5:12:35 PM GMT Email viewed by michaelw@cupertino.org 2026-04-22 - 5:12:41 PM GMT- IP address: 13.222.254.206 Signer michaelw@cupertino.org entered name at signing as Michael K Woo 2026-04-22 - 5:27:55 PM GMT- IP address: 64.165.34.3 Document e -signed by Michael K Woo (michaelw@cupertino.org) Signature Date: 2026-04-22 - 5:27:57 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to Chad Mosley (chadm@cupertino.org) for signature 2026-04-22 - 5:28:08 PM GMT Email viewed by Chad Mosley (chadm@cupertino.org) 2026-04-22 - 5:28:14 PM GMT- IP address: 44.192.1.91 Email sent to Webmaster Admin (webmaster@cupertino.org) bounced and could not be delivered 2026-04-22 - 5:28:24 PM GMT Document e -signed by Chad Mosley (chadm@cupertino.org) Signature Date: 2026-04-22 - 6:26:53 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to laurens@cupertino.org for signature 2026-04-22 - 6:27:04 PM GMT Email viewed by laurens@cupertino.org 2026-04-22 - 6:27:12 PM GMT- IP address: 3.227.233.138 E Email sent to Webmaster Admin (webmaster@cupertino.org) bounced and could not be delivered 2026-04-22 - 6:27:40 PM GMT da Signer laurens@cupertino.org entered name at signing as Lauren Sapudar 2026-04-22 - 9:08:47 PM GMT- IP address: 64.165.34.3 Document e -signed by Lauren Sapudar (laurens@cupertino.org) Signature Date: 2026-04-22 - 9:08:49 PM GMT - Time Source: server- IP address: 64.165.34.3 Agreement completed. 2026-04-22 - 9:08:49 PM GMT Powered by Adobe c�rerrrinv Acrobat Sign