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25-007 Alta Planning + Design, Inc._Amendment #3 dated 8-11-26 for a Citywide Active Transportation Plan
1 THIRD AMENDMENT TO AGREEMENT 988 BETWEEN THE CITY OF CUPERTINO AND ALTA PLANNING + DESIGN, INC. FOR CITYWIDE ACTIVE TRANSPORTATION PLAN This Third Amendment to Agreement 988 between the City of Cupertino, a municipal corporation (hereinafter "City") and Alta Planning + Design, Inc., a Corporation (“Contractor”) whose address is 101 SW Main St. Ste. 2000, Portland, OR 97204, and is made with reference to the following: RECITALS: A. On January 22, 2025 Agreement 988 (“Original Agreement”) was entered into by and between City and Contractor for Citywide Active Transportation Plan. B. The City and the Contractor entered into a First Amendment to Agreement for Citywide Active Transportation Plan (“First Amendment”) effective April 07, 2025, with a term expiring on March 31, 2026; and C. The City and the Contractor entered into a Second Amendment to Agreement for Citywide Active Transportation Plan (“Second Amendment”) effective April 06, 2026, with a term expiring on July 31, 2026; and D. The Original Agreement, First Amendment, and Second Amendment are collectively referred to as the “Agreement” unless otherwise indicated. E. City and Contractor desire to continue Contractor’s services to the City under the Agreement and hereby affirm their intent that it remain in full force and effect as amended and reinstated by this third Amendment. F. City and Contractor desire to modify the Agreement on the terms and conditions set forth herein. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. Paragraph 3 of the Agreement is modified to read as follows: TIME OF PERFORMANCE This Agreement begins on the Effective Date and ends on June 30, 2027 (“Contract Time”), unless terminated earlier as provided herein. Contractor’s Services shall begin on the Effective Date and shall be completed by June 30, 2027. The City’s appropriate department head or the City Manager may extend the Contract Time through a written amendment to this Agreement, provided such extension does not include additional contract funds. Extensions requiring additional contract funds are subject to the City’s purchasing policy. 2 2. Paragraph 12 of the Agreement is modified to read as follows: INSURANCE Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit D-1, and must maintain the insurance for the duration of the Agreement, or longer as required by City. City will not execute the Agreement until City approves receipt of satisfactory certificates of insurance and endorsements evidencing the type, amount, class of operations covered, and the effective and expiration dates of coverage. Failure to comply with this provision may result in City, at its sole discretion and without notice, purchasing insurance for Contractor and deducting the costs from Contractor’s compensation or terminating the Agreement. Exhibit D of the Agreement is replaced with Exhibit D-1, attached hereto. 3. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed. SIGNATURES CONTINUE ON THE FOLLOWING PAGE 3 CITY OF CUPERTINO By Title Date APPROVED AS TO FORM Senior Assistant City Attorney ATTEST: City Clerk Date EXPENDITURE DISTRIBUTION ALTA PLANNING + DESIGN, INC. By Title Date__________________________ Item PO Number Amount Original Agreement $300,000.00 Amendment 1 – amended Exhibit C to reflect minor staffing and billing rate changes Amendment 2 – change in scope, change in contract amount, and change term to 07/31/2026 $21,779.00 Amendment 3 – change term to 06/30/2027 Total $321,779.00 Vice President Aug 6, 2026 Michael K Woo Director of Public Works Aug 11, 2026 Lauren Sapudar Aug 11, 2026 EXHIBITD-1 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 (COL) 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 ofISO 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 I), 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 I). Exh. D -Insurance Requirements for Design Professionals Contracts Version: May 2025 1 1 SECOND AMENDMENT TO AGREEMENT 988 BETWEEN THE CITY OF CUPERTINO AND ALTA PLANNING + DESIGN, INC. FOR CITYWIDE ACTIVE TRANSPORTATION PLAN This Second Amendment to Agreement 988 is by and between the City of Cupertino, a municipal corporation (hereinafter "City") and Alta Planning + Design, Inc., a Corporation (“Contractor”) whose address is 101 SW Main St. Ste. 2000, Portland, OR 97204, and is made with reference to the following: RECITALS: A. On January 22, 2025 Agreement 988 (“Agreement”) was entered into by and between City and Contractor for Citywide Active Transportation Plan. B. The City and the Contractor entered into a First Amended Agreement for Citywide Active Transportation Plan (“First Amendment”) effective April 07, 2025, with a term expiring on March 31, 2026; and C. The Original Agreement and First Amendment are collectively referred to as the “Agreement” unless otherwise indicated. D. City and Contractor desire to modify the Agreement on the terms and conditions set forth herein. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. Paragraph 2 of the Agreement is modified to read as follows: SERVICES 2.1 Contractor agrees to provide the services and perform the tasks (“Services”) set forth in detail in Scope of Services, attached here and incorporated as Exhibit A-1. Contractor further agrees to carry out its work in compliance with any applicable local, State, or Federal order regarding COVID-19. Exhibit A of the Agreement is replaced with a new Exhibit A-1 attached hereto. 2. Paragraph 3 of the Agreement is modified to read as follows: TIME OF PERFORMANCE 3.1 Term. This Agreement begins on the Effective Date and ends on July 31, 2026 (“Contract Time”), unless terminated earlier as provided herein. Contractor’s Services shall begin on the Effective Date and shall be completed by July 31, 2026. The City’s appropriate department head or the City Manager may extend the Contract Time through a written amendment to this Agreement, provided such extension does not include additional contract funds. Extensions requiring additional contract funds are subject to the City’s purchasing policy. 2 Exhibit B of the Agreement is replaced with a new Exhibit B-1 attached hereto. 3. Paragraph 4 of the Agreement is modified to read as follows: COMPENSATION 4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Services an amount that will based on actual costs but that will be capped so as not to exceed $321,779 (“Contract Price”), based upon the scope of services in Exhibit A-1 and the budget and rates included in Exhibit C-2, Compensation attached and incorporated here. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor’s actual costs exceed the capped amount. No extra work or payment is permitted without prior written approval of City. Exhibit C-1 of the Agreement is replaced with a new Exhibit C-2 attached hereto. 4. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed. CITY OF CUPERTINO By Title Date APPROVED AS TO FORM Senior Assistant City Attorney ATTEST: City Clerk Date ALTA PLANNING + DESIGN, INC. By Title Date Vice President Mar 19, 2026 Director of Public Works Apr 6, 2026 Lauren Sapudar Apr 6, 2026 3 EXPENDITURE DISTRIBUTION Item PO Number Amount Original Agreement $300,000 Amendment 1 to replace Exhibit C with Exhibit C -1 - Amendment 2 to extend term to 7/31/2026 and change contract amount along with change in scope $21,779 Total $321,779 This amendment documents scope additions requested by the City of Cupertino on December 15, 2025. Funding for this amendment will be reallocated from the Contingency fund. The total value of this contract amendment is $21,779. 1.2 Project Management Team Meetings Alta will coordinate monthly project management team (PMT) meetings with City staff and other key members of the project team, held online. This contract amendment assumes an extension of the current project end date of March 31, 2026 to July 31, 2026. This contract amendment assumes 3 additional PMT meetings, as well as monthly invoicing and as- needed coordination between Alta’s project manager and City staff. TASK 1 DELIVERABLES •3 monthly PMT meetings, including agenda, notes, and action items •3 monthly invoices 4.1 Develop Project Recommendations In addition to project prioritization scoring for bicycle & pedestrian recommendations, the Alta team will also develop project prioritization scoring for a “Transportation Technology Corridors” project category, per the request of Cupertino City staff. The Alta team will develop draft and final prioritization criteria for this new project category and run prioritization scoring with agreed-upon metrics. Draft and final results of prioritization will be shared with City staff for review and comment, with one set of internally consistent comments from City staff. At the discretion of City staff, Alta will re-score prioritization one additional time using different weighting to existing criteria. This re-scoring will not include the addition of new criteria, deletion of criteria, or changing the method of criteria measurement. TASK 4 DELIVERABLES •Draft and final scoring criteria for Transportation Technology Corridors •Draft and final prioritization scoring for Transportation Technology Corridors •Re-scoring of all projects with adjusted criteria weighting 5.2 Council/Commission Presentations The Alta team will staff and present at two (2) additional hearings of either the Planning Commission or City Council. It is anticipated that each meeting will be 2 to 3 hours in length. It is assumed City staff will develop presentation materials for these hearings. The Alta team will provide summary notes and action items following each hearing. Exhibit A-1: SCOPE TASK 5 DELIVERABLES •Two (2) presentations before Planning Commission and/or City Council with notes and action items 1. Project Management and Coordination 1.1 Project Initiation X 1.2 Project Management X X X X X X X X X X X X X X X X X 2. Public Engagement 2.1 Public Participation Plan 2.2 Public Input Survey 2.3 Public Engagement Activities X X X X X X 3. Existing Conditions/Data Collection 3.1 Plan and Policy Review 3.2 Develop Goals, Objective, and Performance Measures 3.3 Existing Conditions Review 3.4 Needs Assessment 4. Project Recommendations 4.1 Develop Project Recommendations 4.2 Financial Analysis 5. Active Transportation Plan 5.1 Develop Report 5.2 Council/Commission Presentation X X X X X LEGEND Task Progress Meeting / Workshop X Deliverable Client review Jul 2026 May Mar Apr May JunJunJan FebAprJan Feb Mar 2025 Nov DecJul Aug Sept Oct -1 Exhibit C-2 : Fee Table �If� "'-� --If """Ano!!<i<•l-,,C""'O...-'YOI� _, -• G,_o.,,y,o,,""'-�'"�-Al••H<>ln Al•� Alln:lwTolld iid1i============---===--•►fiifi& 1Pr<,j_.,....,.,......,...,dC<>ordlnrion 1.01Prq.c!l1'1111eUan 1.02F'!1lleclt.wlq.,,-,t 2PmlcEngll§Ml- 2.01 P\IDlcP.Udpflj<111f'ltn 2.02�cqlut5-y 2.03FU>lcEngeg.,,-,tAdlvltw 3E-.c:a.d-...OW.C....- 3.01Pl1111"1dP<ill<yR...-I .... 3.02DewlopOoell,Ot,j..:lvet,lfflO�•M-- 3.03ExldngCondilan•RNew 3,IJ.!NH<l51'nelysls •ProfedR __ ...._ 4,01�PrqedReanunenc!llllon5 '-02Fmndel,.,,,,,.,.. &kll•T .. .._.ilonPlu, M1DewlopRepor1 M2�F'resen1Mion PfoJIOCITOhl(IAINN-•E-,.,-+subMarkup) Scnuo!Corbotl Clli,t •Kktd Pwl'aol CN�w. ....... C CHmfto k,uoc«v... ,,._R, NcnH•:itJ�• Al•Vld•G- Klntootl....., " . . ,,. 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U9 $ . . 1,7IO I . . 1.780 I . . . ... . . 9,880 $ 111,IU I z,,no I 21,779 I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . .. . . .. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . '" . . " . . . " . " . " ." " " " . " . . . . . . .. .. . . . . .. .. . . . ... '·"' ""' ·· Z'l,779 Willis Towers Watson Insurance Services West, Inc. c/o 26 Century Blvd P.O. Box 305191 Nashville, TN 372305191 USA Alta Planning + Design, Inc. 101 SW Main St., Ste 2000 Portland, OR 97204 RE: 2024.251 - Cupertino Action Plan SEE ATTACHED City of Cupertino, CA 10300 Torre Avenue Cupertino, CA 95014 01/30/2026 1-877-945-7378 1-888-467-2378 certificates@wtwco.com National Union Fire Ins Co of Pittsburgh 19445 Allied World Insurance Company AIU Insurance Company 22730 19399 Allied World Surplus Lines Insurance Compa 24319 At-Bay Specialty Insurance Company 19607 Travelers Excess & Surplus Lines Company 29696 W43877151 A 2,000,000 2,000,000 10,000 2,000,000 4,000,000 4,000,000 Y Y 042670158 12/31/2025 12/31/2026 A 5,000,000 12/31/202612/31/2025YY042670159 B 5,000,000 10,000 Y Y 0314-9729 12/31/2025 12/31/2026 5,000,000 042670162CY 1,000,000No12/31/2025 12/31/2026 1,000,000 1,000,000 D Professional Liab incl Pollution Each Claim Limit0313-8987 12/31/2025 12/31/2026 Policy Aggregate 430402729333872SR ID:BATCH: $5,000,000 $5,000,000 WTW Certificate Center Page 1 of 3 Alta Planning + Design, Inc. 101 SW Main St., Ste 2000 Portland, OR 97204 General Liability Deductible - $100,000 Automobile Liability Deductible - $500,000 Professional - $50,000 The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers is included as an Additional Insured as respects to General Liability Auto Liability and Umbrella Liability. General Liability, Auto Liability and Umbrella Liability policy shall be Primary and Non-contributory with any other insurance in force for or which may be purchased by Additional Insured. Waiver of Subrogation applies in favor of Additional Insureds with respects to General Liability, Auto Liability, Umbrella Liability and Workers Compensation as permitted by law. Waiver of Subrogation is included on the Professional Liability policy including the Pollution Coverage as required by written contract. INSURER AFFORDING COVERAGE: At-Bay Specialty Insurance Company NAIC#: 19607 POLICY NUMBER: AB-6739091-02 EFF DATE: 12/31/2025 EXP DATE: 12/31/2026 TYPE OF INSURANCE: LIMIT DESCRIPTION: LIMIT AMOUNT: Cyber Liability Per Occurrence $1,000,000 Aggregate $1,000,000 INSURER AFFORDING COVERAGE: Travelers Excess & Surplus Lines Company NAIC#: 29696 POLICY NUMBER: QT-630-5X847200-TXS-25 EFF DATE: 12/31/2025 EXP DATE: 12/31/2026 TYPE OF INSURANCE: LIMIT DESCRIPTION: LIMIT AMOUNT: Valuable Papers Limit $500,000 Electronic Data Processing & Limit $1,000,000 Media INSURER AFFORDING COVERAGE: National Union Fire Ins Co of Pittsburgh NAIC#: 19445 POLICY NUMBER: 042670160 EFF DATE: 12/31/2025 EXP DATE: 12/31/2026 TYPE OF INSURANCE: LIMIT DESCRIPTION: LIMIT AMOUNT: Auto Liability - MA Combine Single Limit $5,000,000 Any Auto Each Accident 2 3 Willis Towers Watson Insurance Services West, Inc. See Page 1 See Page 1 See Page 1 See Page 1 25 Certificate of Liability Insurance W43877151CERT:4304027BATCH:29333872SR ID: Alta Planning + Design, Inc. 101 SW Main St., Ste 2000 Portland, OR 97204 INSURER AFFORDING COVERAGE: AIU Insurance Company NAIC#: 19399 POLICY NUMBER: 042670161 EFF DATE: 12/31/2025 EXP DATE: 12/31/2026 TYPE OF INSURANCE: LIMIT DESCRIPTION: LIMIT AMOUNT: Workers Compensation (WI) E.L. EACH ACCIDENT $1,000,000 & Employers Liability E.L. DISEASE - EA EMP $1,000,000 Per Statute E.L. DISEASE-POL LMT $1,000,000 INSURER AFFORDING COVERAGE: Lexington Insurance Company NAIC#: 19437 POLICY NUMBER: 012147867 EFF DATE: 12/31/2025 EXP DATE: 12/31/2026 TYPE OF INSURANCE: LIMIT DESCRIPTION: LIMIT AMOUNT: Excess Liability Each Occurrence $5,000,000 excess of $5,000,000 3 3 Willis Towers Watson Insurance Services West, Inc. See Page 1 See Page 1 See Page 1 See Page 1 25 Certificate of Liability Insurance W43877151CERT:4304027BATCH:29333872SR ID: 12/31/2025 TRILON GROUP, LLC 042670162 December 3 5 December 3 5 1 FIRST AMENDMENT TO AGREEMENT 988 BETWEEN THE CITY OF CUPERTINO AND ALTA PLANNING + DESIGN, INC. FOR CITYWIDE ACTIVE TRANSPORTATION PLAN This First Amendment to Agreement 988 is by and between the City of Cupertino, a municipal corporation (hereinafter "City") and Alta Planning + Design, Inc., a Corporation (“Contractor”) whose address is 101 SW Main St. Ste. 2000, Portland, OR 97204, and is made with reference to the following: RECITALS: A. On January 22, 2025 Agreement 988 (Agreement”) was entered into by and between City and Contractor for Citywide Active Transportation Plan. B. City and Contractor desire to modify the Agreement on the terms and conditions set forth herein. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. Paragraph 4.1 of the Agreement is modified to read as follows: Maximum Compensation. City will pay Contractor for satisfactory performance of the Services an amount that will based on actual costs but that will be capped so as not to exceed $300,000 (“Contract Price”), based upon the scope of services in Exhibit A and the budget and rates included in Exhibit C, Compensation attached and incorporated here. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor’s actual costs exceed the capped amount. No extra work or payment is permitted without prior written approval of City. Exhibit C of the Agreement is replaced with a new Exhibit C-1 attached hereto. 2. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect. SIGNATURES CONTINUE ON THE FOLLOWING PAGE 2 IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed. CITY OF CUPERTINO By Title Date APPROVED AS TO FORM Interim City Attorney ATTEST: City Clerk Date ALTA PLANNING + DESIGN, INC. By Title Date ______ Vice President 04/02/2025 City Manager 4/7/2025 04/07/2025 Cupertino Active Transportation Plan Project Budget Principal in Charge Project Manager Assistant Project Manager QA/QC Advisor Senior Associate Landscape Architect Civic Analytics Leader Civic Data Analyst II Civic Data Analyst II Planner I Lead Graphic Designer III Web Developer III Planner II Project Accountant Alta's Hours Principal Design Speciailst Hours Samuel Corbett Christopher Kidd George Foster Jeffrey Knowles Brian Burchfield David Wasserman Isabel (Izzy) Youngs Cyrus Chimento Jesus Contreras Michael Anderson Diego Morales-Portillo Ryan A Johnson Katie Atkins Kirsten Clausen Jon Cacciotti Alyson Goulden Sub Total 2025 Hourly Rate*$315 $255 $150 $295 $255 $255 $150 $150 $130 $150 $140 $170 $150 $120 $284 $192 1.01 Project Initiation 3 6 4 1 4 18 $3,930 2 2 $568 20 $4,498 1.02 Project Management 6 28 28 32 94 $17,070 4 6 10 $2,288 104 $19,358 2.01 2.02 Public Input Survey 2 2 10 20 125 159 $26,490 0 $0 159 $26,490 2.03 Public Engagement Activities 4 10 44 75 15 34 4 186 $27,770 4 4 8 $1,904 194 $29,674 3.01 Plan and Policy Review 1 6 6 24 1 38 $6,015 0 $0 38 $6,015 3.02 Develop Goals, Objectives, and Performance Measures 2 8 4 5 4 5 18 1 47 $9,530 5 12 17 $3,724 64 $13,254 3.03 Existing Conditions Review 6 15 4 2 2 16 60 174 24 2 305 $50,015 0 $0 305 $50,015 3.04 Needs Analysis 4 5 8 2 2 50 40 40 30 2 183 $33,785 0 $0 183 $33,785 4.01 Develop Project Recommendations 6 20 15 4 5 10 20 40 60 2 182 $31,345 5 10 15 $3,340 197 $34,685 4.02 Financial Analysis 4 4 4 4 10 10 14 2 52 $10,650 15 60 75 $15,780 127 $26,430 5.01 Develop Report 7 22 18 4 4 49 20 80 20 224 $36,285 2 5 7 $1,528 231 $37,813 5.02 Council/Commission Presentation 2 6 12 20 40 $6,560 0 $0 40 $6,560 Travel $930 $100 $100 $200 Printing $2,000 Subconsultant 5% Markup Exhibit C-1 Page 1 of PROFESSIONAL/CONSULTING SERVICES AGREEMENT 1. PARTIES This Agreement is made by and between the City of Cupertino, a municipal corporation (“City”), and Alta Planning + Design, Inc. (“Contractor”), a Corporation for a Citywide Active Transportation Plan, and is effective on the last date signed below (“Effective Date”). 2. SERVICES 2.1 Contractor agrees to provide the services and perform the tasks (“Services”) set forth in detail in Scope of Services, attached here and incorporated as Exhibit A. Contractor further agrees to carry out its work in compliance with any applicable local, State, or Federal order regarding COVID-19. 2.2 Contractor’s duties and services under this agreement shall not include preparing or assisting the City with any portion of the City’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the City. The City shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. Contractor’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. Contractor shall cooperate with the City to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by contractor pursuant to this agreement. 3. TIME OF PERFORMANCE 3.1 This Agreement begins on the Effective Date and ends on March 31, 2026 (“Contract Time”), unless terminated earlier as provided herein. Contractor’s Services shall begin on the Effective Date and shall be completed by March 31, 2026. The City’s appropriate department head or the City Manager may extend the Contract Time through a written amendment to this Agreement, provided such extension does not include additional contract funds. Extensions requiring additional contract funds are subject to the City’s purchasing policy. 3.2 Schedule of Performance. Contractor must deliver the Services in accordance with the Schedule of Performance, attached and incorporated here Exhibit B. 3.3 Contractor shall perform its services in a prompt and timely manner.Contractor must have sufficient time, resources, and qualified staff to deliver the Services on time. Page 2 of 4. COMPENSATION 4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Services an amount that will based on actual costs but that will be capped so as not to exceed $ 3 0,000 (“Contract Price”), based upon the scope of services in Exhibit A and the budget and rates included in Exhibit C, Compensation attached and incorporated here. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor’s actual costs exceed the capped amount. No extra work or payment is permitted without prior written approval of City. 4.2 Invoices and Payments. Monthly invoices must state a description of the deliverable completed and the amount due for the preceding month. Within thirty (30) days of completion of Services, Contractor must submit a requisition for final and complete payment of costs and pending claims for City approval. Failure to timely submit a complete and accurate payment requisition relieves City of any further payment or other obligations under the Agreement. 5. INDEPENDENT CONTRACTOR 5.1 Status. Contractor is an independent contractor and not an employee, partner, or joint venture of City. Contractor is solely responsible for the means and methods of performing the Services and for the persons hired to work under this Agreement. Contractor is not entitled to health benefits, worker’s compensation, or other benefits from the City. 5.2 Contractor’s Qualifications. Contractor warrants on behalf of itself and its subcontractors that they have the qualifications and skills to perform the Services in a competent and professional manner and according to the highest standards and best practices in the industry. 5.3 Permits and Licenses. Contractor warrants on behalf of itself and its subcontractors that they are properly licensed, registered, and/or certified to perform the Services as required by law and have procured a City Business License, if required by the Cupertino Municipal Code. 5.4 Subcontractors. Only Contractor’s employees are authorized to work under this Agreement. Prior written approval from City is required for any subcontractor, and the terms and conditions of this Agreement will apply to any approved subcontractor. 5.5 Tools, Materials, and Equipment. Contractor will supply all tools, materials and equipment required to perform the Services under this Agreement. 5.6 Payment of Benefits and Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor and any of its employees, agents, and subcontractors shall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, 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 Page 3 of Agreement is determined by a court of competent jurisdiction, arbitrator, or administrative authority, including but not limited to the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City, and actual attorney’s fees incurred by City in connection with the above. 6. PROPRIETARY/CONFIDENTIAL INFORMATION In performing this Agreement, Contractor may have access to private or confidential information owned or controlled by the City, which may contain proprietary or confidential details the disclosure of which to third parties may be damaging to City. Contractor shall hold in confidence all City information provided by City to Contractor marked as confidential or proprietary or that should reasonably be understood to be confidential or proprietary from the circumstances of disclosure and use it only to perform this Agreement. Contractor shall exercise the same standard of care to protect City information as a reasonably prudent contractor would use to protect its own proprietary data. 7. OWNERSHIP OF MATERIALS 7.1 Property Rights.Any interest (including copyright interests) of Contractor in any product, memoranda, study, report, map, plan, drawing, specification, data, record, document, or other information or work, in any medium (collectively, “Work Product”), prepared by Contractor in connection with this Agreement will be the exclusive property of the City upon completion of the work to be performed hereunder or upon termination of this Agreement, to the extent requested by City. In any case, no Work Product shall be shown to any third-party without prior written approval of City. 7.2 Copyright. To the extent permitted by Title 17 of the U.S. Code, all Work Product arising out of this Agreement is considered “works for hire” and all copyrights to the Work Product will be the property of City. Alternatively, Contractor assigns to City all Work Product copyrights. Contractor may use copies of the Work Product for promotion only with City’s written approval. 7.3 Patents and Licenses. Contractor must pay royalties or license fees required for authorized use of any third party intellectual property, including but not limited to patented, trademarked, or copyrighted intellectual property if incorporated into the Services or Work Product of this Agreement. 7.4 Re-Use of Work Product. Unless prohibited by law and without waiving any rights, City may use or modify the Work Product of Contractor or its sub-contractors prepared or created under this Agreement, to execute or implement any of the following: (a) The original Services for which Contractor was hired; (b) Completion of the original Services by others; (c) Subsequent additions to the original Services; and/or (d) Other City projects. Page of 7.5 Deliverables and Format. Contractor must provide electronic and hard copies of the Work Product, on recycled paper and copied on both sides, except for one single-sided original. 8. RECORDS Contractor must maintain complete and accurate accounting records relating to its performance in accordance with generally accepted accounting principles. The records must include detailed information of Contractor’s performance, benchmarks and deliverables, which must be available to City for review and audit. The records and supporting documents must be kept separate from other records and must be maintained for four (4) years from the date of City’s final payment. Contractor acknowledges that certain documents generated or received by Contractor in connection with the performance of this Agreement, including but not limited to correspondence between Contractor and any third party, are public records under the California Public Records Act, California Government Code section 6250 et seq. Contractor shall comply with all laws regarding the retention of public records and shall make such records available to the City upon request by the City, or in such manner as the City reasonably directs that such records be provided. 9. ASSIGNMENT Contractor shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so will be null and void. Any changes related to the financial control or business nature of Contractor as a legal entity is considered an assignment of the Agreement and subject to City approval, which shall not be unreasonably withheld. Control means fifty percent (50%) or more of the voting power of the business entity. 10. PUBLICITY / SIGNS Any publicity generated by Contractor for the project under this Agreement, during the term of this Agreement and for one year thereafter, will reference the City’s contributions in making the project possible. The words “City of Cupertino” will be displayed in all pieces of publicity, including flyers, press releases, posters, brochures, public service announcements, interviews and newspaper articles. No signs may be posted, exhibited or displayed on or about City property, except signage required by law or this Contract, without prior written approval from the City. 11. INDEMNIFICATION 11.1 To the fullest extent allowed by law, and except for losses caused by the sole and active negligence or willful misconduct of City personnel, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, officials, employees, agents, servants, volunteers, and consultants (“Indemnitees”), through legal counsel acceptable to City, from and against any and all liability, damages, claims, actions, causes of action, demands, charges, losses, costs, and expenses (including attorney fees, legal costs, and expenses related to litigation and dispute resolution proceedings) of every nature, arising directly or indirectly from this Agreement or in any manner relating to any of the following: Page (a) Breach of contract, obligations, representations, or warranties; (b) Negligent or willful acts or omissions committed during performance of the Services; (c) Personal injury, property damage, or economic loss resultingfrom the work orperformance of Contractor or its subcontractors or sub-subcontractors; (d) Unauthorized use or disclosure of City’s confidential and proprietary Information; (e) Claim of infringement or violation of a U.S. patent or copyright, trade secret, trademark, or service mark or other proprietary or intellectual property rights of any third party. 11.2 Contractor must pay the costs City incurs in enforcing this provision. Contractor must accept a tender of defense upon receiving notice from City of a third-party claim. At City’s request, Contractor will assist City in the defense of a claim, dispute, or lawsuit arising out of this Agreement. 11.3 Contractor’s duties under this section are not limited to the Contract Price, workers’ compensation payments, or the insurance or bond amounts required in the Agreement. Nothing in the Agreement shall be construed to give rise to an implied right of indemnity in favor of Contractor against City or any Indemnitee. 11.4.Contractor’s payments may be deducted or offset to cover any money the City lost due to a claim or counterclaim arising out of this Agreement, a purchase order, or other transaction. 11.5. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 11 from each and every subcontractor, or any other person or entity involved by, for, with, or on behalf of Contractor in the performance of this Agreement. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. 11.6.This Section 11 shall survive termination of the Agreement. 12. INSURANCE Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit D, and must maintain the insurance for the duration of the Agreement, or longer as required by City. City will not execute the Agreement until City approves receipt of satisfactory certificates of insurance and endorsements evidencing the type, amount, class of operations covered, and the effective and expiration dates of coverage. Failure to comply with this provision may result in City, at its sole discretion and without notice, purchasing insurance for Contractor and deducting the costs from Contractor’s compensation or terminating the Agreement. 13. COMPLIANCE WITH LAWS 13.1 General Laws. Contractor shall comply with all local, state, and federal laws and regulations applicable to this Agreement. Contractor will promptly notify City of changes in the law or other conditions that may affect the Project or Contractor’s ability to perform. Contractor is responsible for verifying the employment authorization of employees performing the Services, as required by the Immigration Reform and Control Act. 13.2 Labor Laws. Contractor shall comply with all labor laws applicable to this Agreement. If the Scope of Services includes a “public works” component, Contractor is required to comply with prevailing wage laws under Labor Code Section 1720 and other labor laws. Page of 13.3 Discrimination Laws. Contractor shall not discriminate on the basis of race, religious creed, color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy, age, sex, gender, sexual orientation, gender identity, Acquired-Immune Deficiency Syndrome (AIDS), or any other protected classification. Contractor shall comply with all anti-discrimination laws, including Government Code Sections 12900 and 11135, and Labor Code Sections 1735, 1777, and 3077.5. Consistent with City policy prohibiting harassment and discrimination, Contractor understands that harassment and discrimination directed toward a job applicant, an employee, a City employee, or any other person, by Contractor or its employees or sub-contractors will not be tolerated. Contractor agrees to provide records and documentation to the City on request necessary to monitor compliance with this provision. 13.4 Conflicts of Interest. Contractor shall comply with all conflict of interest laws applicable to this Agreement and must avoid any conflict of interest. Contractor warrants that no public official, employee, or member of a City board or commission who might have been involved in the making of this Agreement, has or will receive a direct or indirect financial interest in this Agreement, in violation of California Government Code Section 1090 et seq. Contractor may be required to file a conflict of interest form if Contractor makes certain governmental decisions or serves in a staff capacity, as defined in Section 18700 of Title 2 of the California Code of Regulations. Contractor agrees to abide by the City’s rules governing gifts to public officials and employees. 13.5 Remedies. Any violation of Section 13 constitutes a material breach and may result in City suspending payments, requiring reimbursements or terminating this Agreement. City reserves all other rights and remedies available under the law and this Agreement, including the right to seek indemnification under Section 11 of this Agreement. 14. PROJECT COORDINATION City Project Manager. The City assigns Matthew Schroeder as the City’s representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Scope of Services. City reserves the right to substitute another Project manager at any time, and without prior notice to Contractor. Contractor Project Manager. Subject to City approval, Contractor assigns Christopher Kidd as its single Representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Scope of Services. Contractor’s Project manager is responsible for coordinating and scheduling the Services in accordance with the Scope of Services and the Schedule of Performance. Contractor must regularly update the City’s Project Manager about the progress with the work or any delays, as required under the Scope of Services. City written approval is required prior to substituting a newRepresentative. 15. ABANDONMENT OF PROJECT City may abandon or postpone the Project or parts therefor at any time. Contractor will be compensated for satisfactory Services performed through the date of abandonment, and will be given reasonable time to assemble the work and close out the Services. With City’s pre-approval in writing, the time spent in closing out the Services will be compensated up to a maximum of ten percent (10%) of the total time expended to date in the performance of the Services. Page 16. TERMINATION City may terminate this Agreement for cause or without cause at any time. Contractor will be paid for satisfactory Services rendered through the date of termination, but final payment will not be made until Contractor closes out the Services and delivers the Work Product. Contractor may terminate this Agreement by written notice for cause, in whole or in part, if City breaches or fails to pay Contractor in accordance with this Agreement and, following notice, fails to cure or begin to cure such breach or failure within ten (10) days of receipt of notice from Contractor. 17. GOVERNING LAW, VENUE, AND DISPUTE RESOLUTION This Agreement is governed by the laws of the State of California. Any lawsuits filed related to this Agreement must be filed with the Superior Court for the County of Santa Clara, State of California. Contractor must comply with the claims filing requirements under the Government Code prior to filing a civil action in court. If a dispute arises, Contractor must continue to provide the Services pending resolution of the dispute. If the Parties elect arbitration, the arbitrator’s award must be supported by law and substantial evidence and include detailed written findings of law and fact. 18. ATTORNEY FEES If City initiates legal action, files a complaint or cross-complaint, or pursues arbitration, appeal, or other proceedings to enforce its rights or a judgment in connection with this Agreement, the prevailing party will be entitled to reasonable attorney fees and costs. 19. THIRD PARTY BENEFICIARIES There are no intended third party beneficiaries of this Agreement. 20. WAIVER Neither acceptance of the Services nor payment thereof shall constitute a waiver of any contract provision. City’s waiver of a breach shall not constitute waiver of another provision or breach. 21. ENTIRE AGREEMENT This Agreement represents the full and complete understanding of every kind or nature between the Parties, and supersedes any other agreement(s) and understanding(s), either oral or written, between the Parties. Any modification of this Agreement will be effective only if in writing and signed by each Party’s authorized representative. No verbal agreement or implied covenant will be valid to amend or abridge this Agreement. If there is any inconsistency between any term, clause, or provision of the main Agreement and any term, clause, or provision of the attachments or exhibits thereto, the terms of the main Agreement shall prevail and be controlling. 22. INSERTED PROVISIONS Each provision and clause required by law for this Agreement is deemed to be included and will be inferred herein. Either party may request an amendment to cure mistaken insertions or omissions of required provisions. The Parties will collaborate to implement this Section, as appropriate. Page 23. HEADINGS The headings in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit, or amplify the terms or provisions of this Agreement. 24. SEVERABILITY/PARTIAL INVALIDITY If any term or provision of this Agreement, or their application to a particular situation, is found by the court to be void, invalid, illegal, or unenforceable, such term or provision shall remain in force and effect to the extent allowed by such ruling. All other terms and provisions of this Agreement or their application to specific situations shall remain in full force and effect. The Parties agree to work in good faith to amend this Agreement to carry out its intent. 25. SURVIVAL All provisions which by their nature must continue after the Agreement expires or is terminated, including the Indemnification, Ownership of Materials/Work Product, Records, Governing Law, and Attorney Fees, shall survive the Agreement and remain in full force and effect. 26. NOTICES All notices, requests and approvals must be sent in writing to the persons below, which will be considered effective on the date of personal delivery or the date confirmed by a reputable overnight delivery service, on the fifth calendar day after deposit in the United States Mail, postage prepaid, registered or certified, or the next business day following electronic submission: To City of Cupertino: Office of the City Manager 10300 Torre Ave. Cupertino, CA 95014 Attention: Matthew Schroeder Email: matts@cupertino.gov To Contractor: Alta Planning + Design, Inc. 101 SW Main St, Ste 2000 Portland, OR 97204 Attention: Christopher Kidd Email: christopherkidd@altago.com cc: contracts@altago.com 27. EXECUTION The person executing this Agreement on behalf of Contractor represents and warrants that Contractor has full right, power, and authority to enter into and carry out all actions contemplated by this Agreement and that he or she is authorized to execute this Agreement, which constitutes a legally binding obligation of Contractor. This Agreement may be executed in counterparts, each one of which is deemed an original and all of which, taken together, constitute a single binding instrument. Page IN WITNESS WHEREOF,the parties have caused the Agreement to be executed. CITY OF CUPERTINO CONTRACTOR A Municipal Corporation By By Name Pamela Wu Name Steven Frieson Title City Manager Title Vice President as duly authorized Date Date APPROVED AS TO FORM: CHRISTOPHER D. JENSEN Cupertino City Attorney ATTEST: KIRSTEN SQUARCIA City Clerk DATE: 01/22/2025 Christopher D. Jensen 01/22/2025 01/22/2025 304 12th Street, Suite 2A Oakland, CA 94607 (510) 540-5008 | altago.com altago.com Scope of Work Task 1. Project Management and Coordination Task 1.1 Project Initiation Within two weeks of receiving a Notice to Proceed, Alta will plan and facilitate a project kick-off meeting with the Project Management Team (PMT) which will include the core of the working team from the City and the Alta team. Recommended objectives for the kick-off meeting include: Present & confirm proposed scope, schedule, and budget Review project goals and objectives Discuss initial data needs; outreach and engagement strategy; and anticipated level of effort required for data inventory and updates Establish overall expectations, including communication channels, project templates, and protocols for sharing deliverables via cloud-based tools. Alta will provide a kick-off meeting packet with the agenda, handouts, and presentation ahead of the meeting. Following the kick-off meeting, the Alta team will prepare and submit minutes within five (5) business days, including: discussions and outcomes, a detailed schedule for internal City use, and a simplified schedule for use with the broader public and City Council. Alta will also develop and deliver a memo to request relevant background documents, GIS and other available data needed to perform project analyses and create base maps. Alta will work with the City’s project manager to develop an agreed upon GIS data structure for the duration of the project. At the completion of the project, Alta will provide the project’s GIS data in an ESRI file geodatabase. 1.2 - Project Management Team Meetings project team, held online , review of deliverables, . Alta will prepare a recurring online and minutes. Monthly project status reports will be included with each monthly invoice, summarizing tasks completed and outlining tasks to be completed over the next 30 days. —including email, phone -to-date on the development of the plan. TASK 1 DELIVERABLES Kick-off meeting agenda, presentation and handouts, facilitation, and minutes/action items Data Request Memo Project schedule breakdown (both detailed and simplified) Monthly project management meeting agendas, project status reports, and minutes/action items (assumes 12 month meetings) Monthly invoices and progress reports (single monthly invoice, with budget/progress) Task 2 - Public Engagement 2.1 - Public Participation Plan EXHIBIT A 304 12th Street, Suite 2A Oakland, CA 94607 (510) 540-5008 | altago.com altago.com Alta will work closely with the city PMT to develop a Plan (PPP) that will strategies to meaningfully engage with . the kick- PP will take place over two phases: PHASE 1: DISCOVERY - Understand unmet walking and bicycling needs for the City’s residents and visitors. PHASE 2: RECOMMENDATIONS - Provide opportunities for the public to refine project and program recommendations and to inform the prioritization and implementation process. 10 Engagement strategies, both online and in-person, will encourage open and meaningful . events as much as possible. The PPP will also develop key messages to to establish a baseline of trust at the outset of the project. 2.2 – Public Input Survey (Website, Webmap) Alta proposes for the Public Input Survey to develop a mobile- community input map, Our in- Promote outreach and education materials Host the proposed public surveys Document workshops, public events, and other in person engagement opportunities Allow members of the public to provide feedback on the Draft Plan and eventually view the Final Plan The Alta team will develop a two- online survey and map input that works well on computers, tablets and phones. During the discovery phase, users will be able to provide feedback in the form of points and lines on the map with Frequently used routes & preferred routes Origins and destinations Bicycle/pedestrian network gaps Difficult crossings, perceived safety issues, and connectivity barriers Recreational and commuter needs Pavement quality, wayfinding, and signage issues Desired bike parking and other support facilities This interactive tool has generated hundreds of comments for many of our previous and existing projects, including the Santa Clara County Active Transportation Plan. See SacStreetsforPeople.org for a current live example of an interactive input map. The maps can be brought to community meetings and pop-up workshops on iPads to encourage additional engagement from those without access to the internet. During the recommendations phase, Alta will develop a second community map survey where residents can provide input on recommended projects and project prioritization. 304 12th Street, Suite 2A Oakland, CA 94607 (510) 540-5008 | altago.com altago.com 2.3 - Public Engagement Activities We anticipate the public outreach process will have two major phases, aligning with the two phases of the Public Participation Plan in Task 2.1. The first phase will solicit feedback on existing conditions, key destinations, and community concerns. The second phase will focus on reflecting public input from the first phase, analysis results, proposed projects, and program and policy recommendations. Alta anticipates hosting up to four (4) community events. During each phase, one community event will be in-person and one community event will be held online. The Alta team also proposes up to six (6) pop-up events. This could include participation in public festivals, school events, or a community-led bike/roll event. TASK 2 DELIVERABLES Draft and Final Public Participation Plan Draft and Final project website Draft and Final webmap survey – two (2) phases Draft and Final survey results report Attendance, collateral materials and summary for up to four (4) public meetings. Two meetings will be hosted in- person and two meeting to be hosted virtually Attendance, collateral materials and summary for up to six (6) pop-up meetings Public Participation summary report (Appendix to the Plan) Task 3 - Existing Conditions/ Data Collection 3.1 – Plan and Policy Review plans and networks in . This impact it limited to: 2024 Cupertino Vision Zero Action Plan 2016 Cupertino Bicycle Transportation Plan 2018 Cupertino Pedestrian Transportation Plan 2023 Cupertino Local Road Safety Plan 2018 Cupertino Complete Streets Policy 2024 Santa Clara County Active Transportation Plan (in progress) 2022 Cupertino Climate Action Plan 2021 Cupertino Bollinger Road Corridor Safety Study 2021 Cupertino Transportation Study Guidelines 2020 Cupertino Parks and Recreation Master Plan 2015 Cupertino General Plan Transportation Element 2024 VTA Valley Transportation 2050 (in progress) Cupertino Safe Routes to School Program Alta will work with the c progress made on past plans, and projects. 304 12th Street, Suite 2A Oakland, CA 94607 (510) 540-5008 | altago.com altago.com 3.2 – Develop Goals, Objectives, and Performance Measures Alta will work with the City to develop a set of quantifiable short, medium, and long-range goals, objectives, and performance measures – establishing a clear and compelling vision for walking and biking in Cupertino. Goals, objectives and performance measures will be aligned with priorities from Task 3.1 Plan Review, considering the intersectionality between safety, connectivity, equity, mobility, and sustainability. We will draw on our national library of best practice policies, as well as our work developing performance measures including such guidebooks as FHWA’s Measuring Multi-Modal Network Connectivity. Through this task, Alta will also work with the City to identify existing policies that may need to be revised for a successful Plan. As part of this task, Alta will develop a draft Goals, Objectives, and Measurable Outcomes technical memo for the City to review and comment. Following a single set of internally consistent comments, the memo will be updated and finalized for use in the Draft Plan. 3.3 – Existing Conditions Review Alta will develop a comprehensive basemap in ArcGIS capturing key cartographic features in current/future land uses The Alta team will review the City’s inventory of for completeness, including sidewalks, bike Alta will develop a set of maps, tables, and The Alta team will conduct the following analysis of existing conditions: Collision Analysis – the Alta team will integrate the findings of the High Injury Network analysis conducted for the 2024 Vision Zero Action Plan. Bicycle & Pedestrian Level of Traffic Stress - Alta will complete a level of traffic stress analysis for the bikeway network (BLTS) and the pedestrian network (PLTS), ranking streets from low stress (LTS 1) to high stress (LTS 4). This network will be based on the preliminary LTS analysis derived from OpenStreetMap data, supplemented by inventory activities in Task 3.3. Our analysis will illustrate how stress barriers (e.g., challenging crossings) can create areas of disconnectivity and islands along what otherwise appear to be low-stress roadways. Active Trip Potential Assessment - Alta proposes the use of local travel demand models, Replica Places, or StreetLight Origin-Destination (OD) data to understand existing travel patterns with special attention on short trip distances that can be made as active trips. A heat map will be generated showing percentage of trips that could be served via walking, biking, or electric micromobility throughout the study area. This analysis often points to locations where latent demand exists for active transportation. Alta will also provide an interactive visualization of origin-destination flows in the form of an Alta Flow Dashboard. Alta will synthesize findings and analysis into an existing conditions technical memo. Findings, presented with narrative, maps, and graphics, will support work during the public outreach phases of the project and will form the basis for development of project recommendations. At the end of the project, Alta will provide the City with GIS shapefiles and attribute tables used in the analysis. 3.4 – Needs Assessment 304 12th Street, Suite 2A Oakland, CA 94607 (510) 540-5008 | altago.com altago.com Combining analysis conducted in Task 3.3 and public input gathered in Task 2, Alta will conduct an in-depth evaluation to uncover the underlying barriers to efficient and comfortable travel for short trips which are currently marred by significant levels of indirectness and perceived barriers to travel. This analysis will integrate the insights gleaned from the Active Trip Potential Assessment with comprehensive evaluations of traffic stress networks developed in previous tasks. By analyzing origin-destination (OD) data in conjunction with assessments of network-induced stress, Alta intends to identify short trips that exhibit high degrees of indirectness and stress, thereby discouraging active transportation modes. Alta will produce maps illustrating OD flows, where the thickness of lines will indicate the volume of trips and colors will denote levels of indirectness, employing both stress-adjusted and non-stress-adjusted measures. These visual representations can provide clear insights into how infrastructure and stress impact travel choices, identifying areas for active transportation investment. These analysis results can be summarized to census block group level heat maps to illustrate the average stress-levels and route directness at a fine-grained level. Alta will produce a series of maps, tables, and related narrative that describe gaps and needs that can be addressed by the City. Particular attention will be placed on the intersectionality of improving safe routes to school and safety (i.e., Vision Zero) for all roadway users. Information from the public outreach process will also be integrated into this process. TASK 3 DELIVERABLES Draft and Final Plans and Policies Summary Memo Draft and Final Goals, Objectives and Measurable Outcomes Memo Draft and Final Existing Conditions Summary BLTS Map, PLTS Map, and geodatabase of LTS feature classes One heat map showing potential for active trips or micromobility Alta Flow interactive visualization of origin-destination flows Needs Assessment Summary Task 4 - Project Recommendations 4.1 – Develop Project Recommendations Alta will develop a combined, prioritized set of recommendations to improve walking and bicycling throughout the city with a focus on creating a network for all ages and abilities. This task will be informed by existing best practices, outcomes from the Public Engagement Process (Task 2), Existing Conditions Analysis (Task 3.3), and Needs Assessment (Task 3.4). Maps depicting existing, funded, and proposed pedestrian and bikeway projects will be developed along with a project list with the project name, proposed facility type, segment endpoints, and segment length for each recommended improvement. Recommended improvements will include, but are not limited to, locations where Class IV bicycle facilities, separated intersections, or enhanced pedestrian crossings are most appropriate. Drawing on the socio-demographic analysis and the medium-to-long- 3, Alta will recommend non- pes - s 304 12th Street, Suite 2A Oakland, CA 94607 (510) 540-5008 | altago.com altago.com 4.2 Financial Analysis - - quick-ns. for f ll short-term, medium-term, or long-. TASK 4 DELIVERABLES Draft and Final Project Recommendations Summary Programmatic and policy recommendations Prioritization methodology and related maps Draft and Final Financial Analysis technical memo Planning-level cost estimates Funding source matrix Task 5 - Active Transportation Plan 5.1 – Develop Report from technical memos and task summaries Following the City’s comments on the Administrative Draft, Alta will develop a public facing Draft Active Transportation Plan Document. The Draft Plan will be an attractive, reader-friendly, graphic-rich document. It is anticipated that the Public Draft Plan will be presented following Phase 2 of public outreach. The Alta team also proposes posting an interactive PDF of the draft plan to the project website for a period of one month. Interactive PDFs allow the public to post comments directly onto the pages of the plan, noting areas of improvement. These comments can then be reviewed by the Alta project team and incorporated into the Final Plan. It is anticipated that Alta will address up to one (1) round of consolidated non- contradictory comments. Alta will revise the draft plan and produce a final plan based on public comments and guidance from City staff. Alta will provide the City a minimum of two (2) weeks to conduct a final plan review to identify remaining ‘fatal flaws’. Alta will revise the Final Plan based on one (1) set of consolidated non-contradictory City comments. 5.2 Council/Commission Presentation The Alta team will develop a presentation for three (3) meetings of the Bicycle Pedestrian Commission and one (1) meeting of the City Council throughout the lifecycle of the plan process. We anticipate the first two Bicycle Pedestrian Commission meetings will occur at major project milestones, while the final Commission meeting and sole City Council meeting will be reserved for seeking Plan approval. We anticipate each meeting to be 2 to 3 hours in length. We anticipate working with the City to serve as a conduit for information sharing and requesting feedback from the Bicycle Pedestrian Commission during the duration of the project. To maximize existing budget and help streamline the 304 12th Street, Suite 2A Oakland, CA 94607 (510) 540-5008 | altago.com altago.com development of the Plan, we propose that these meetings be hosted through a combination of in-person and virtual meetings. TASK 5 DELIVERABLES Administrative Draft Plan Public Draft Plan Final Plan All project files, supporting technical data, reports and documentation Compilation of comments received and responses Presentations to Bicycle Pedestrian Advisory Committee (3) with notes and action items Presentation to City Council with notes and action items Contingency This contract will hold a reserve of $29,422 as a contingency fund against out-of-scope task. Prior to utilization of contingency funding, the Alta team will submit a scope modification to the City of Cupertino for review and authorization. This scope modification will include identification of out-of-scope requests by the City, corresponding workplan & deliverables, schedule, and fee. Contingency tasks will only be initiated after receiving a formal Notice to Proceed from the City of Cupertino. Schedule Detailed schedule provided on following pages. Budget Detailed budget provided on following pages. Task Budget Task 1. Project Management & Coordination $21,736 Task 2. Public Engagement $58,679 Task 3. Existing Conditions/Data Collection $104,973 Task 4. Project Recommendations $61,046 Task 5. Active Transportation Plan $49,459 Direct Expenses $4,685 Contingency $29,422 TOTAL $330,000 Exhibit B Cupertino Active Transportation Plan Project Budget Samuel Corbett Christopher Kidd George Foster Jeffrey Knowles Brian Burchfield $314 $252 $155 $294 1 Project Management and Coordination 9 30 28 0 1.01 Project Initiation 3 6 4 0 1.02 Project Management 6 24 24 0 2.00 Public Engagement 8 16 58 0 2.01 Public Participation Plan 2 8 8 0 2.02 Public Input Survey 2 0 10 0 2.03 Public Engagement Activities 4 8 40 0 3.00 Existing Conditions/Data Collection 13 33 19 9 3.01 Plan and Policy Review 1 5 5 0 3.02 Develop Goals, Objectives, and Performance Measures 2 8 2 5 3.03 Existing Conditions Review 6 15 4 2 3.04 Needs Analysis 4 5 8 2 4.00 Project Recommendations 10 24 15 8 4.01 Develop Project Recommendations 6 20 15 4 4.02 Financial Analysis 4 4 0 4 5.00 Active Transportation Plan 9 26 28 4 Phase Exhibit C Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts 1 Version: August 2024 Consultant shall procure prior to commencement of Services and maintain for the duration of the contract, at its own cost and expense, the following insurance policies and coverage with companies doing business in California and acceptable to City. INSURANCE POLICIES AND MINIMUMS REQUIRED 1.Commercial General Liability (CGL) for bodily injury, property damage, personal injury liability for premises operations, products and completed operations, contractual liability, and personal and advertising injury with limits no less than $2,000,000 per occurrence (ISO Form CG 00 01). If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO Form CG 25 03 or 25 04) or it shall be twice the required occurrence limit. a. It shall be a requirement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be (i) the minimum coverage/limits specified in this agreement; or (ii) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. b. Additional Insured coverage under Consultant's policy shall be "primary and non-contributory," will not seek contribution from City’s insurance/self-insurance, and shall be at least as broad as ISO Form CG 20 10 (04/13). c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess insurance, provided each policy complies with the requirements set forth in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary basis for the benefit of City before the City’s own insurance or self- insurance shall be called upon to protect City as a named insured. 2.Automobile Liability: ISO CA 00 01 covering any auto (including owned, hired, and non-owned autos) with limits no less than $1,000,000 per accident for bodily injury and property damage. 3.Workers’ Compensation: As required by the State of California, with Statutory Limits and Employer’s Liability Insurance of no less than $1,000,000 per occurrence for bodily injury or disease. Not required. Consultant has provided written verification of no employees. 4.Professional Liability for professional acts, errors and omissions, as appropriate to Consultant’s profession, with limits no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. If written on a claims made form: a. The Retroactive Date must be shown and must be before the Effective Date of the Contract. b. Insurance must be maintained for at least five (5) years after completion of the Services. c.If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Contract Effective Date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the Services. EXHIBIT D Insurance Requirements Design Professionals & Consultants Contracts Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts 2 Version: August 2024 OTHER INSURANCE PROVISIONS The aforementioned insurance shall be endorsed and have all the following conditions and provisions: Additional Insured Status The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers (“Additional Insureds”) are to be covered as additional insureds on Consultant’s CGL and automobile liability policies. General Liability coverage can be provided in the form of an endorsement to Consultant’s insurance (at least as broad as ISO Form CG 20 10 (11/ 85) or both CG 20 10 and CG 20 37 forms, if later editions are used). Primary Coverage Coverage afforded to City/Additional Insureds shall be primary insurance. Any insurance or self-insurance maintained by City, its officers, officials, employees, or volunteers shall be excess of Consultant’s insurance and shall not contribute to it. Notice of Cancellation Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums. Waiver of Subrogation Consultant waives any right to subrogation against City/Additional Insureds for recovery of damages to the extent said losses are covered by the insurance policies required herein. Specifically, the Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Consultant, its employees, agents and subconsultants. This provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Deductibles and Self-Insured Retentions Any deductible or self-insured retention must be declared to and approved by the City. At City’s option, either: the insurer must reduce or eliminate the deductible or self-insured retentions as respects the City/Additional Insureds; or Consultant must show proof of ability to pay losses and costs related investigations, claim administration and defense expenses. The policy shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the insured or the City. Acceptability of Insurers 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 mandatory endorsements (or copies of the policies effecting the coverage required by this Contract), and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements prior to commencement of the Contract. City retains the right to demand verification of compliance at any time during the Contract term. Subconsultants Consultant shall require and verify that all subconsultants maintain insurance that meet the requirements of this Contract, including naming the City as an additional insured on subconsultant’s insurance policies. Higher Insurance Limits If Consultant maintains broader coverage and/or higher limits than the minimums shown above, City shall be entitled to coverage for the higher insurance limits maintained by Consultant. Adequacy of Coverage City reserves the right to modify these insurance requirements/coverage based on the nature of the risk, prior experience, insurer or other special circumstances, with not less than ninety (90) days prior written notice. Willis Towers Watson Insurance Services West, Inc. c/o 26 Century Blvd P.O. Box 305191 Nashville, TN 372305191 USA Alta Planning + Design, Inc. 1200 17th St., Suite 860 Denver, CO 80202 RE: 304.000MK24.243 SEE ATTACHED City of Cupertino 10300 Torre Ave, Cupertino, CA 95014 01/09/2025 1-877-945-7378 1-888-467-2378 certificates@wtwco.com Liberty Mutual Fire Insurance Company 23035 Liberty Insurance Corporation Allied World Surplus Lines Insurance Compa 42404 24319 Indemnity National Insurance Company 18468 RSUI Indemnity Company 22314 W37419711 A 2,000,000 1,000,000 25,000 2,000,000 4,000,000 4,000,000 Y Y TB2-641-446161-054 12/31/2024 12/31/2025 B 2,000,000 12/31/202512/31/2024YYAS7-641-446161-044 WC7-641-446161-064BY 1,000,000No12/31/2024 12/31/2025 1,000,000 1,000,000 C Professional Liab incl Pollution Each Claim Limit0313-8987 12/31/2024 12/31/2025 Policy Aggregate 377530127104169SR ID:BATCH: $5,000,000 $5,000,000 WTW Certificate Center Page 1 of 2 AS7-641-446161-044 TB2-641-446161-054 Alta Planning + Design, Inc. 101 SW Main St., Ste 2000 Portland, OR 97204 General Liability Deductible - $100,000 Automobile Liability Deductible - $500,000 Professional - $50,000 The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers is included as an Additional Insured as respects to General Liability Auto Liability and Umbrella Liability. General Liability, Auto Liability and Umbrella Liability policy shall be Primary and Non-contributory with any other insurance in force for or which may be purchased by Additional Insured. Waiver of Subrogation applies in favor of Additional Insureds with respects to General Liability, Auto Liability, Umbrella Liability and Workers Compensation as permitted by law. Waiver of Subrogation is included on the Professional Liability policy including the Pollution Coverage as required by written contract. INSURER AFFORDING COVERAGE: Indemnity National Insurance Company NAIC#: 18468 POLICY NUMBER: XS001814 24 EFF DATE: 12/31/2024 EXP DATE: 12/31/2025 TYPE OF INSURANCE: LIMIT DESCRIPTION: LIMIT AMOUNT: Excess Automobile Liability Each Occurrence $1,500,000 excess $2,000,000 INSURER AFFORDING COVERAGE: RSUI Indemnity Company NAIC#: 22314 POLICY NUMBER: NHA604323 EFF DATE: 12/31/2024 EXP DATE: 12/31/2025 TYPE OF INSURANCE: LIMIT DESCRIPTION: LIMIT AMOUNT: Excess Automobile Liability Each Occurrence $1,500,000 excess $2,000,000 2 2 Willis Towers Watson Insurance Services West, Inc. See Page 1 See Page 1 See Page 1 See Page 1 25 Certificate of Liability Insurance W37152216CERT:3756610BATCH:26998488SR ID: General Liability Deductible - $100,000 Automobile Liability Deductible - $500,000 Professional - $50,000 General Liability Deductible - $100,000 Automobile Liability Deductible - $500,000 Professional - $50,000 AS7-641-446161-044AS7-641-446161-044 December 3 4 304 12th Street, Suite 2A Oakland, CA 94607 (510) 540-5008 | altago.com altago.com Scope of Work Task 1. Project Management and Coordination Task 1.1 Project Initiation Within two weeks of receiving a Notice to Proceed, Alta will plan and facilitate a project kick-off meeting with the Project Management Team (PMT) which will include the core of the working team from the City and the Alta team. Recommended objectives for the kick-off meeting include: • Present & confirm proposed scope, schedule, and budget • Review project goals and objectives • Discuss initial data needs; outreach and engagement strategy; and anticipated level of effort required for data inventory and updates • Establish overall expectations, including communication channels, project templates, and protocols for sharing deliverables via cloud-based tools. Alta will provide a kick-off meeting packet with the agenda, handouts, and presentation ahead of the meeting. Following the kick-off meeting, the Alta team will prepare and submit minutes within five (5) business days, including: discussions and outcomes, a detailed schedule for internal City use, and a simplified schedule for use with the broader public and City Council. Alta will also develop and deliver a memo to request relevant background documents, GIS and other available data needed to perform project analyses and create base maps. Alta will work with the City’s project manager to develop an agreed upon GIS data structure for the duration of the project. At the completion of the project, Alta will provide the project’s GIS data in an ESRI file geodatabase. 1.2 - Project Management Team Meetings Alta will coordinate monthly project management team (PMT) meetings with City staff and other key members of the project team, held online. These meetings will allow for close communication on upcoming tasks, review of deliverables, establishment of action items, and proactive resolution of potential issues or concerns. Alta will prepare a recurring online meeting link, agendas, and minutes. Monthly project status reports will be included with each monthly invoice, summarizing tasks completed and outlining tasks to be completed over the next 30 days. There will be ongoing coordination between Alta’s Project Manager and the City’s project manager—including email, phone and written communication to keep City staff up-to-date on the development of the plan. TASK 1 DELIVERABLES • Kick-off meeting agenda, presentation and handouts, facilitation, and minutes/action items • Data Request Memo • Project schedule breakdown (both detailed and simplified) • Monthly project management meeting agendas, project status reports, and minutes/action items (assumes 12 month meetings) • Monthly invoices and progress reports (single monthly invoice, with budget/progress) Task 2 - Public Engagement 2.1 - Public Participation Plan EXHIBIT A 304 12th Street, Suite 2A Oakland, CA 94607 (510) 540-5008 | altago.com altago.com Alta will work closely with the city PMT to develop a Public Participation Plan (PPP) that will identify strategies to meaningfully engage with Cupertino’s broad array of stakeholders. Alta will provide a draft PPP within three (3) weeks of the kick-off meeting for review and comment by the city PMT. We anticipate the PPP will describe outreach activities that will take place over two phases: PHASE 1: DISCOVERY - Understand unmet walking and bicycling needs for the City’s residents and visitors. PHASE 2: RECOMMENDATIONS - Provide opportunities for the public to refine project and program recommendations and to inform the prioritization and implementation process. The PPP will include a schedule of activities (minimum of 10 public engagement events), deliverables, and anticipated actions required of the City. Engagement strategies, both online and in-person, will encourage open and meaningful conversation among a diverse range of stakeholders on active transportation issues and needs. We are sensitive to the limits on participants’ time and will structure outreach and engagement opportunities that align with existing meetings and events as much as possible. The PPP will also develop key messages to clearly identify decision space for the public, helping to establish a baseline of trust at the outset of the project. 2.2 – Public Input Survey (Website, Webmap) Alta proposes for the Public Input Survey to develop a mobile-friendly project webpage that includes an online interactive community input map, allowing the public to identify priority destinations, routes they would like to see improved, and similar feedback. Outreach materials for Public Engagement Activities (Task 2.3) will be developed to replicate the format of the interactive community map to ensure comparable data across all outreach activities. Our in-house website development team will develop an interactive project website to: • Promote outreach and education materials • Host the proposed public surveys • Document workshops, public events, and other in person engagement opportunities • Allow members of the public to provide feedback on the Draft Plan and eventually view the Final Plan Interactive Input Maps and Community Survey (2 phases): The Alta team will develop a two-phase online interactive community survey. Alta has developed a technology to support online survey and map input that works well on computers, tablets and phones. During the discovery phase, users will be able to provide feedback in the form of points and lines on the map with information such as: • Frequently used routes & preferred routes • Origins and destinations • Bicycle/pedestrian network gaps • Difficult crossings, perceived safety issues, and connectivity barriers • Recreational and commuter needs • Pavement quality, wayfinding, and signage issues • Desired bike parking and other support facilities This interactive tool has generated hundreds of comments for many of our previous and existing projects, including the Santa Clara County Active Transportation Plan. See SacStreetsforPeople.org for a current live example of an interactive input map. The maps can be brought to community meetings and pop-up workshops on iPads to encourage additional engagement from those without access to the internet. During the recommendations phase, Alta will develop a second community map survey where residents can provide input on recommended projects and project prioritization. 304 12th Street, Suite 2A Oakland, CA 94607 (510) 540-5008 | altago.com altago.com 2.3 - Public Engagement Activities We anticipate the public outreach process will have two major phases, aligning with the two phases of the Public Participation Plan in Task 2.1. The first phase will solicit feedback on existing conditions, key destinations, and community concerns. The second phase will focus on reflecting public input from the first phase, analysis results, proposed projects, and program and policy recommendations. Alta anticipates hosting up to four (4) community events. During each phase, one community event will be in-person and one community event will be held online. The Alta team also proposes up to six (6) pop-up events. This could include participation in public festivals, school events, or a community-led bike/roll event. TASK 2 DELIVERABLES • Draft and Final Public Participation Plan • Draft and Final project website • Draft and Final webmap survey – two (2) phases • Draft and Final survey results report • Attendance, collateral materials and summary for up to four (4) public meetings. Two meetings will be hosted in- person and two meeting to be hosted virtually • Attendance, collateral materials and summary for up to six (6) pop-up meetings • Public Participation summary report (Appendix to the Plan) Task 3 - Existing Conditions/ Data Collection 3.1 – Plan and Policy Review Alta will request available relevant data, plans, policies and regulations as part of the Data Request Memo. Alta will review relevant approved planning documents to develop an understanding of the local policy baseline and active transportation plans and networks in Cupertino. This will include consideration of the pattern of future growth and development and the impact it is expected to have on active transportation demand. Documents to be reviewed by Alta may include, but are not limited to: • 2024 Cupertino Vision Zero Action Plan • 2016 Cupertino Bicycle Transportation Plan • 2018 Cupertino Pedestrian Transportation Plan • 2023 Cupertino Local Road Safety Plan • 2018 Cupertino Complete Streets Policy • 2024 Santa Clara County Active Transportation Plan (in progress) • 2022 Cupertino Climate Action Plan • 2021 Cupertino Bollinger Road Corridor Safety Study • 2021 Cupertino Transportation Study Guidelines • 2020 Cupertino Parks and Recreation Master Plan • 2015 Cupertino General Plan Transportation Element • 2024 VTA Valley Transportation 2050 (in progress) • Cupertino Safe Routes to School Program Alta will work with the city PMT to finalize the list of approved plans to review at the onset of the project. Alta will summarize all reviewed plans in a review matrix highlighting progress made on past plans, key recommendations, policies, and projects. The 2024 Vision Zero Action Plan will feature prominently in integration of policies and actions for the Active Transportation Plan. Following a single set of internally consistent comments, the memo will be updated and finalized for use in the Draft Plan. 304 12th Street, Suite 2A Oakland, CA 94607 (510) 540-5008 | altago.com altago.com 3.2 – Develop Goals, Objectives, and Performance Measures Alta will work with the City to develop a set of quantifiable short, medium, and long-range goals, objectives, and performance measures – establishing a clear and compelling vision for walking and biking in Cupertino. Goals, objectives and performance measures will be aligned with priorities from Task 3.1 Plan Review, considering the intersectionality between safety, connectivity, equity, mobility, and sustainability. We will draw on our national library of best practice policies, as well as our work developing performance measures including such guidebooks as FHWA’s Measuring Multi-Modal Network Connectivity. Through this task, Alta will also work with the City to identify existing policies that may need to be revised for a successful Plan. As part of this task, Alta will develop a draft Goals, Objectives, and Measurable Outcomes technical memo for the City to review and comment. Following a single set of internally consistent comments, the memo will be updated and finalized for use in the Draft Plan. 3.3 – Existing Conditions Review Alta will develop a comprehensive basemap in ArcGIS capturing key cartographic features in Cupertino that relate to active transportation including streets, parks, schools, topography, community demographics, collision locations, and current/future land uses. This basemap will be shared with City staff for one (1) round of comments to inform edits to the layout, labeling, cartographic style, and other presentation elements of the maps. The Alta team will review the City’s inventory of existing bicycle and pedestrian infrastructure data for completeness, including existing bicycle facilities, sidewalks, bike parking and wayfinding. Alta will develop a set of maps, tables, and narrative that describe the existing pedestrian and bicycle networks and conditions. The Alta team will conduct the following analysis of existing conditions: Collision Analysis – the Alta team will integrate the findings of the High Injury Network analysis conducted for the 2024 Vision Zero Action Plan. Bicycle & Pedestrian Level of Traffic Stress - Alta will complete a level of traffic stress analysis for the bikeway network (BLTS) and the pedestrian network (PLTS), ranking streets from low stress (LTS 1) to high stress (LTS 4). This network will be based on the preliminary LTS analysis derived from OpenStreetMap data, supplemented by inventory activities in Task 3.3. Our analysis will illustrate how stress barriers (e.g., challenging crossings) can create areas of disconnectivity and islands along what otherwise appear to be low-stress roadways. Active Trip Potential Assessment - Alta proposes the use of local travel demand models, Replica Places, or StreetLight Origin-Destination (OD) data to understand existing travel patterns with special attention on short trip distances that can be made as active trips. A heat map will be generated showing percentage of trips that could be served via walking, biking, or electric micromobility throughout the study area. This analysis often points to locations where latent demand exists for active transportation. Alta will also provide an interactive visualization of origin-destination flows in the form of an Alta Flow Dashboard. Alta will synthesize findings and analysis into an existing conditions technical memo. Findings, presented with narrative, maps, and graphics, will support work during the public outreach phases of the project and will form the basis for development of project recommendations. At the end of the project, Alta will provide the City with GIS shapefiles and attribute tables used in the analysis. 3.4 – Needs Assessment 304 12th Street, Suite 2A Oakland, CA 94607 (510) 540-5008 | altago.com altago.com Combining analysis conducted in Task 3.3 and public input gathered in Task 2, Alta will conduct an in-depth evaluation to uncover the underlying barriers to efficient and comfortable travel for short trips which are currently marred by significant levels of indirectness and perceived barriers to travel. This analysis will integrate the insights gleaned from the Active Trip Potential Assessment with comprehensive evaluations of traffic stress networks developed in previous tasks. By analyzing origin-destination (OD) data in conjunction with assessments of network-induced stress, Alta intends to identify short trips that exhibit high degrees of indirectness and stress, thereby discouraging active transportation modes. Alta will produce maps illustrating OD flows, where the thickness of lines will indicate the volume of trips and colors will denote levels of indirectness, employing both stress-adjusted and non-stress-adjusted measures. These visual representations can provide clear insights into how infrastructure and stress impact travel choices, identifying areas for active transportation investment. These analysis results can be summarized to census block group level heat maps to illustrate the average stress-levels and route directness at a fine-grained level. Alta will produce a series of maps, tables, and related narrative that describe gaps and needs that can be addressed by the City. Particular attention will be placed on the intersectionality of improving safe routes to school and safety (i.e., Vision Zero) for all roadway users. Information from the public outreach process will also be integrated into this process. TASK 3 DELIVERABLES • Draft and Final Plans and Policies Summary Memo • Draft and Final Goals, Objectives and Measurable Outcomes Memo • Draft and Final Existing Conditions Summary • BLTS Map, PLTS Map, and geodatabase of LTS feature classes • One heat map showing potential for active trips or micromobility • Alta Flow interactive visualization of origin-destination flows • Needs Assessment Summary Task 4 - Project Recommendations 4.1 – Develop Project Recommendations Alta will develop a combined, prioritized set of recommendations to improve walking and bicycling throughout the city with a focus on creating a network for all ages and abilities. This task will be informed by existing best practices, outcomes from the Public Engagement Process (Task 2), Existing Conditions Analysis (Task 3.3), and Needs Assessment (Task 3.4). Maps depicting existing, funded, and proposed pedestrian and bikeway projects will be developed along with a project list with the project name, proposed facility type, segment endpoints, and segment length for each recommended improvement. Recommended improvements will include, but are not limited to, locations where Class IV bicycle facilities, separated intersections, or enhanced pedestrian crossings are most appropriate. Drawing on the socio-demographic analysis and the medium-to-long-term measurable objectives developed as part of Task 3, Alta will recommend non-infrastructure programs, identifying responsible implementing departments, agencies, or partner groups. Recommendations will be based on best practices and proven records of effectiveness. Alta is the only active transportation firm with a department dedicated to planning and implementing education and encouragement components of active transportation programs. Alta’s Civic Analytics team has developed tools to streamline prioritization analysis in either GIS or Excel. Based on the types of data available, Alta can use qualitative scoring or percentile-based scores for comparing up to eight different metrics of success for the entire study area. This approach overlays a hexagonal grid on the study area and evaluates need and project impact on a micro level, enabling flexibility in project extents, future assessments, and changing physical conditions. 304 12th Street, Suite 2A Oakland, CA 94607 (510) 540-5008 | altago.com altago.com 4.2 Financial Analysis Planning level cost estimates will be developed for bicycle and pedestrian on- and off-road facilities based on existing industry costs and comparable recent City projects. Cost estimates may include both permanent improvements as well as quick-build options. The Alta team will leverage its knowledge of funding for active transportation projects to develop a relevant list of funding streams for project implementation. We will work with City staff and regional partners to identify available funding sources for further planning, engineering, and construction work. This will help the City identify both priorities and appropriate methods for implementation, including relevant funding sources. The implementation strategy will include consideration of several factors that determine the feasibility of projects. Alta will create an implementation plan that assembles priority projects into “implementation packages” and phases them for either short-term, medium-term, or long-term implementation. TASK 4 DELIVERABLES • Draft and Final Project Recommendations Summary • Programmatic and policy recommendations • Prioritization methodology and related maps • Draft and Final Financial Analysis technical memo • Planning-level cost estimates • Funding source matrix Task 5 - Active Transportation Plan 5.1 – Develop Report Alta will prepare and circulate an administrative draft plan that will consist of content from drafted and approved technical memos and task summaries from previous tasks. Alta will provide at least four (4) weeks for City staff to complete the Administrative Draft Plan review. Following the City’s comments on the Administrative Draft, Alta will develop a public facing Draft Active Transportation Plan Document. The Draft Plan will be an attractive, reader-friendly, graphic-rich document. It is anticipated that the Public Draft Plan will be presented following Phase 2 of public outreach. The Alta team also proposes posting an interactive PDF of the draft plan to the project website for a period of one month. Interactive PDFs allow the public to post comments directly onto the pages of the plan, noting areas of improvement. These comments can then be reviewed by the Alta project team and incorporated into the Final Plan. It is anticipated that Alta will address up to one (1) round of consolidated non- contradictory comments. Alta will revise the draft plan and produce a final plan based on public comments and guidance from City staff. Alta will provide the City a minimum of two (2) weeks to conduct a final plan review to identify remaining ‘fatal flaws’. Alta will revise the Final Plan based on one (1) set of consolidated non-contradictory City comments. 5.2 Council/Commission Presentation The Alta team will develop a presentation for three (3) meetings of the Bicycle Pedestrian Commission and one (1) meeting of the City Council throughout the lifecycle of the plan process. We anticipate the first two Bicycle Pedestrian Commission meetings will occur at major project milestones, while the final Commission meeting and sole City Council meeting will be reserved for seeking Plan approval. We anticipate each meeting to be 2 to 3 hours in length. We anticipate working with the City to serve as a conduit for information sharing and requesting feedback from the Bicycle Pedestrian Commission during the duration of the project. To maximize existing budget and help streamline the 304 12th Street, Suite 2A Oakland, CA 94607 (510) 540-5008 | altago.com altago.com development of the Plan, we propose that these meetings be hosted through a combination of in-person and virtual meetings. TASK 5 DELIVERABLES • Administrative Draft Plan • Public Draft Plan • Final Plan • All project files, supporting technical data, reports and documentation • Compilation of comments received and responses • Presentations to Bicycle Pedestrian Advisory Committee (3) with notes and action items • Presentation to City Council with notes and action items Contingency This contract will hold a reserve of $29,422 as a contingency fund against out-of-scope task. Prior to utilization of contingency funding, the Alta team will submit a scope modification to the City of Cupertino for review and authorization. This scope modification will include identification of out-of-scope requests by the City, corresponding workplan & deliverables, schedule, and fee. Contingency tasks will only be initiated after receiving a formal Notice to Proceed from the City of Cupertino. Schedule Detailed schedule provided on following pages. Budget Detailed budget provided on following pages. Task Budget Task 1. Project Management & Coordination $21,736 Task 2. Public Engagement $58,679 Task 3. Existing Conditions/Data Collection $104,973 Task 4. Project Recommendations $61,046 Task 5. Active Transportation Plan $49,459 Direct Expenses $4,685 Contingency $29,422 TOTAL $330,000 SCHEDULE - Cupertino Active Transportation Plan 1. Project Management and Coordination 1.1 Project Initiation X 1.2 Project Management X X X X X X X X X X X X 2. Public Engagement 2.1 Public Participation Plan 2.2 Public Input Survey 2.3 Public Engagement Activities X X X X X X 3. Existing Conditions/Data Collection 3.1 Plan and Policy Review 3.2 Develop Goals, Objective, and Performance Measures 3.3 Existing Conditions Review 3.4 Needs Assessment 4. Project Recommendations 4.1 Develop Project Recommendations 4.2 Financial Analysis 5. Active Transportation Plan 5.1 Develop Report 5.2 Council/Commission Presentation X X X X LEGEND Task Progress Meeting / Workshop X Deliverable Client review 2026 JanJun Jul Aug SeptDec Jan Feb 2024 2025 Oct Nov DecApr MayMar Exhibit B Cupertino Active Transportation Plan Project Budget Principal in Charge Project Manager Project Manager Technical Advisor Landscape Architect Leader Civic Data Analyst II Civic Data Analyst II Planner I Art Director Graphic Design Studio Lead Web Developer III Technical Editor Project Accountant Alta's Hours Alta Principal Design Speciailst Hours HMH Engineering Samuel Corbett Christopher Kidd George Foster Jeffrey Knowles Brian Burchfield David Wasserman Isabel (Izzy) Youngs Cyrus Chimento Jesus Contreras Michael Anderson Diego Morales- Portillo Ryan A Johnson Katie Atkins Kirsten Clausen Sub Total Jon Cacciotti Alyson Goulden Sub Total 2025 Hourly Rate*$314 $252 $155 $294 $252 $252 $180 $155 $134 $155 $144 $165 $155 $118 $284 $192 1.01 1.02 2.01 2.02 Public Input Survey 2 0 10 0 0 0 0 0 20 0 0 125 0 0 157 $25,451 0 0 0 $0 157 $25,451.30 2.03 3.01 Plan and Policy Review 1 5 5 0 0 0 0 0 24 0 0 0 1 0 36 $5,717 0 0 0 $0 36 $5,716.50 3.02 2 8 2 5 4 5 0 0 18 0 0 0 1 0 45 $9,260 5 12 17 $3,724 62 $12,983.70 3.03 Existing Conditions Review 6 15 4 2 2 16 60 174 24 0 0 0 2 0 305 $52,725 0 0 0 $0 305 $52,725.15 3.04 4.01 Develop Project Recommendations 6 20 15 4 5 10 20 40 60 0 0 0 2 0 182 $32,357 5 10 15 $3,340 197 $35,696.85 4.02 5.01 Develop Report 7 20 16 4 4 0 0 0 50 20 80 0 20 0 221 $36,313 2 5 7 $1,528 228 $37,840.65 5.02 Travel $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $937 $100 $100 $200 $1,137 Printing $2,000 $0 $0 $0 $2,000 Subconsultant 5% Markup $1,485 $1,485 Exhibit C Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts 1 Version: August 2024 Consultant shall procure prior to commencement of Services and maintain for the duration of the contract, at its own cost and expense, the following insurance policies and coverage with companies doing business in California and acceptable to City. INSURANCE POLICIES AND MINIMUMS REQUIRED 1. Commercial General Liability (CGL) for bodily injury, property damage, personal injury liability for premises operations, products and completed operations, contractual liability, and personal and advertising injury with limits no less than $2,000,000 per occurrence (ISO Form CG 00 01). If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO Form CG 25 03 or 25 04) or it shall be twice the required occurrence limit. a. It shall be a requirement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be (i) the minimum coverage/limits specified in this agreement; or (ii) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. b. Additional Insured coverage under Consultant's policy shall be "primary and non-contributory," will not seek contribution from City’s insurance/self-insurance, and shall be at least as broad as ISO Form CG 20 10 (04/13). c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess insurance, provided each policy complies with the requirements set forth in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary basis for the benefit of City before the City’s own insurance or self- insurance shall be called upon to protect City as a named insured. 2. Automobile Liability: ISO CA 00 01 covering any auto (including owned, hired, and non-owned autos) with limits no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers’ Compensation: As required by the State of California, with Statutory Limits and Employer’s Liability Insurance of no less than $1,000,000 per occurrence for bodily injury or disease. Not required. Consultant has provided written verification of no employees. 4. Professional Liability for professional acts, errors and omissions, as appropriate to Consultant’s profession, with limits no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. If written on a claims made form: a. The Retroactive Date must be shown and must be before the Effective Date of the Contract. b. Insurance must be maintained for at least five (5) years after completion of the Services. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Contract Effective Date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the Services. EXHIBIT D Insurance Requirements Design Professionals & Consultants Contracts Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts 2 Version: August 2024 OTHER INSURANCE PROVISIONS The aforementioned insurance shall be endorsed and have all the following conditions and provisions: Additional Insured Status The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers (“Additional Insureds”) are to be covered as additional insureds on Consultant’s CGL and automobile liability policies. General Liability coverage can be provided in the form of an endorsement to Consultant’s insurance (at least as broad as ISO Form CG 20 10 (11/ 85) or both CG 20 10 and CG 20 37 forms, if later editions are used). Primary Coverage Coverage afforded to City/Additional Insureds shall be primary insurance. Any insurance or self-insurance maintained by City, its officers, officials, employees, or volunteers shall be excess of Consultant’s insurance and shall not contribute to it. Notice of Cancellation Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums. Waiver of Subrogation Consultant waives any right to subrogation against City/Additional Insureds for recovery of damages to the extent said losses are covered by the insurance policies required herein. Specifically, the Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Consultant, its employees, agents and subconsultants. This provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Deductibles and Self-Insured Retentions Any deductible or self-insured retention must be declared to and approved by the City. At City’s option, either: the insurer must reduce or eliminate the deductible or self-insured retentions as respects the City/Additional Insureds; or Consultant must show proof of ability to pay losses and costs related investigations, claim administration and defense expenses. The policy shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the insured or the City. Acceptability of Insurers 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 mandatory endorsements (or copies of the policies effecting the coverage required by this Contract), and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements prior to commencement of the Contract. City retains the right to demand verification of compliance at any time during the Contract term. Subconsultants Consultant shall require and verify that all subconsultants maintain insurance that meet the requirements of this Contract, including naming the City as an additional insured on subconsultant’s insurance policies. Higher Insurance Limits If Consultant maintains broader coverage and/or higher limits than the minimums shown above, City shall be entitled to coverage for the higher insurance limits maintained by Consultant. Adequacy of Coverage City reserves the right to modify these insurance requirements/coverage based on the nature of the risk, prior experience, insurer or other special circumstances, with not less than ninety (90) days prior written notice. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2016 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY Willis Towers Watson Insurance Services West, Inc. c/o 26 Century Blvd P.O. Box 305191 Nashville, TN 372305191 USA Alta Planning + Design, Inc. 1200 17th St., Suite 860 Denver, CO 80202 RE: 304.000MK24.243 SEE ATTACHED City of Cupertino 10300 Torre Ave, Cupertino, CA 95014 01/09/2025 1-877-945-7378 1-888-467-2378 certificates@wtwco.com Liberty Mutual Fire Insurance Company 23035 Liberty Insurance Corporation Allied World Surplus Lines Insurance Compa 42404 24319 Indemnity National Insurance Company 18468 RSUI Indemnity Company 22314 W37419711 A 2,000,000 1,000,000 25,000 2,000,000 4,000,000 4,000,000 Y Y TB2-641-446161-054 12/31/2024 12/31/2025 B 2,000,000 12/31/202512/31/2024YYAS7-641-446161-044 WC7-641-446161-064BY 1,000,000No12/31/2024 12/31/2025 1,000,000 1,000,000 C Professional Liab incl Pollution Each Claim Limit0313-8987 12/31/2024 12/31/2025 Policy Aggregate 377530127104169SR ID:BATCH: $5,000,000 $5,000,000 WTW Certificate Center Page 1 of 2 ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE Page of AGENCY CUSTOMER ID: LOC #: AGENCY CARRIER NAIC CODE POLICY NUMBER NAMED INSURED EFFECTIVE DATE: Alta Planning + Design, Inc. 101 SW Main St., Ste 2000 Portland, OR 97204 General Liability Deductible - $100,000 Automobile Liability Deductible - $500,000 Professional - $50,000 The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers is included as an Additional Insured as respects to General Liability Auto Liability and Umbrella Liability. General Liability, Auto Liability and Umbrella Liability policy shall be Primary and Non-contributory with any other insurance in force for or which may be purchased by Additional Insured. Waiver of Subrogation applies in favor of Additional Insureds with respects to General Liability, Auto Liability, Umbrella Liability and Workers Compensation as permitted by law. Waiver of Subrogation is included on the Professional Liability policy including the Pollution Coverage as required by written contract. INSURER AFFORDING COVERAGE: Indemnity National Insurance Company NAIC#: 18468 POLICY NUMBER: XS001814 24 EFF DATE: 12/31/2024 EXP DATE: 12/31/2025 TYPE OF INSURANCE: LIMIT DESCRIPTION: LIMIT AMOUNT: Excess Automobile Liability Each Occurrence $1,500,000 excess $2,000,000 INSURER AFFORDING COVERAGE: RSUI Indemnity Company NAIC#: 22314 POLICY NUMBER: NHA604323 EFF DATE: 12/31/2024 EXP DATE: 12/31/2025 TYPE OF INSURANCE: LIMIT DESCRIPTION: LIMIT AMOUNT: Excess Automobile Liability Each Occurrence $1,500,000 excess $2,000,000 2 2 Willis Towers Watson Insurance Services West, Inc. See Page 1 See Page 1 See Page 1 See Page 1 25 Certificate of Liability Insurance W37152216CERT:3756610BATCH:26998488SR ID: POLICY NUMBER: AS7-641-446161-044 ISSUED BY: Liberty Mutual Fire Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF-INSURED TRUCKERS EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART COMMERCIAL LIABILITY - UMBRELLA COVERAGE FORM SCHEDULE Name of Other Person(s)/ Organization(s): Email Address of mailing address: Number of Days Notice: Per file on Schedule with the Company 30 days A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule above. We will send notice to the email or mailing address listed above at least 10 days, or the number of days listed above, if any, before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. All other terms and conditions of this policy remain unchanged. LIM 99 01 05 11 © 2011 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. AC 84 23 08 11 © 2010, Liberty Mutual Group of Companies. All rights reserved.Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Policy Number: Issued by: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED - NONCONTRIBUTING This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIERS COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage form. Schedule Name of Person(s) or Organizations(s): Regarding Designated Contract or Project: Each person or organization shown in the Schedule of this endorsement is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. The following is added to the Other Insurance Condition: If you have agreed in a written agreement that this policy will be primary and without right of contribution from any insurance in force for an Additional Insured for liability arising out of your operations, and the agreement was executed prior to the "bodily injury" or "property damage", then this insurance will be primary and we will not seek contribution from such insurance. AS7-641-446161-044 Liberty Insurance Corp. Any person or organization you are required to add as an additional insured in a written contract or agreement POLICY NUMBER:COMMERCIAL AUTO CA 04 44 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM SCHEDULE CA 04 44 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 AGAINST OTHERS TO US (WAIVER OF SUBROGATION) Name(s) Of Person(s) Or Organization(s): Information required to complete this Schedule, if not shown above, will be shown in the Declarations. With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. Premium: $ AS7-641-446161-044 Any person or organization required by written contract or agreement, prior to an "occurrence" or offense, to waive your right of recovery, except where such requirement is prohibited by law INCL POLICY NUMBER:COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM SCHEDULE Name Of Person(s) Or Organization(s): Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 COVERED AUTOS LIABILITY COVERAGE BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II - Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I - Covered Autos Coverages of the Auto Dealers Coverage Form. AS7-641-446161-044 Any person or organization you are required to add as an additional insured in a written contract or agreement COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 POLICY NUMBER: TB2-641-446161-054 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1.Your acts or omissions; or 2.The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B.With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1.All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2.That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C.With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. Schedule Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations Any person or organization you are required to name as an Additional Insured in a written contract or agreement All locations as required by written contract or agreement entered into prior to an "occurrence" or offense Information required to complete this Schedule, if not shown above, will be shown in the Declarations. © Insurance Services Office, Inc., 2018 Page of 1 1CG 20 10 12 19 COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 POLICY NUMBER: TB2-641-446161-054 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B.With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. Schedule Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations Any person or organization you are required to name as an Additional Insured in a written contract or agreement All locations as required by written contract or agreement entered into prior to an "occurrence" or offense where the written contract or agreement obligates you to procure completed operations coverage for the Additional Insured Information required to complete this Schedule, if not shown above, will be shown in the Declarations. © Insurance Services Office, Inc., 2018 Page of 1 1CG 20 37 12 19 COMMERCIAL GENERAL LIABILITY CG 20 26 12 19 POLICY NUMBER: TB2-641-446161-05 4 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1.In the performance of your ongoing operations; or 2.In connection with your premises owned by or rented to you. However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B.With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. Schedule Name Of Additional Insured Person(s) Or Organization(s): Any person or organization you are required to add as an additional insured when required in a written contract or agreement Information required to complete this Schedule, if not shown above, will be shown in the Declarations. © Insurance Services Office, Inc., 2018 Page of 1 1CG 20 26 12 19 POLICY NUMBER: TB2-641-446161-054 ISSUED BY: Liberty Mutual Fire Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF-INSURED TRUCKERS EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART COMMERCIAL LIABILITY - UMBRELLA COVERAGE FORM SCHEDULE Name of Other Person(s)/ Organization(s): Email Address of mailing address: Number of Days Notice: Per file on Schedule with the Company 30 days A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule above. We will send notice to the email or mailing address listed above at least 10 days, or the number of days listed above, if any, before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. All other terms and conditions of this policy remain unchanged. LIM 99 01 05 11 © 2011 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Policy Number Issued by Liberty Mutual Fire Insurance Co. TB2-641-446161-054 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE AMENDMENT – SCHEDULED ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART If you are obligated under a written agreement to provide liability insurance on a primary, excess, contingent, or any other basis for any person(s) or organization(s) shown in the Schedule of this endorsement that qualifies as an additional insured on this Policy, this Policy will apply solely on the basis required by such written agreement and Paragraph 4. Other Insurance of Section IV – Conditions will not apply. Where the applicable written agreement does not specify on what basis the liability insurance will apply, the provisions of Paragraph 4. Other Insurance of Section IV – Conditions will apply. However, this insurance is excess over any other insurance available to the additional insured for which it is also covered as an additional insured for the same "occurrence", claim or "suit". Schedule Name of Person(s) or Organization(s): Where required by written contract Page of© 2018 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. 1 1LC 24 20 11 18 COMMERCIAL GENERAL LIABILITYPOLICY NUMBER: CG 24 04 12 19 TB2-641-446161-054 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV – Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s) shown in the Schedule above. Schedule Name Of Person(s) Or Organization(s): Any person or organization required by written contract or agreement, prior to an "occurrence" or offense, to waive your right of recovery, except where such requirement is prohibited by law Information required to complete this Schedule, if not shown above, will be shown in the Declarations. © Insurance Services Office, Inc., 2018 Page of 1 1CG 24 04 12 19 AE 00025 00 (03/21) ENDORSEMENT NO. 5 ADVICE OF CANCELLATION TO ENTITIES OTHER THAN THE NAMED INSURED LIMITED TO E-MAIL NOTIFICATION This Endorsement, effective at 12:01 a.m. on December 31, 2024, forms part of Policy No. 0313-8987 Issued to Trilon Group, LLC Issued by Allied World Surplus Lines Insurance Company In consideration of the premium charged, it is hereby agreed that: In the event that the Company cancels this Policy for any reason other than nonpayment of premium, and 1. the cancellation effective date is prior to this Policy’s expiration date; 2. the First Named Insured is under an existing contractual obligation to notify a certificate holder when this Policy is canceled (hereinafter, the "Certificate Holder(s)"); and has provided to the Company, either directly or through its broker of record, the email address of the contact at such entity; and 3. the Company receives this information after the First Named Insured receives notice of cancellation of this Policy and prior to this Policy's cancellation effective date, via an electronic spreadsheet that is acceptable to the Company; the Company will provide advice of cancellation (the "Advice") via e-mail to such Certificate Holders not later than thirty (30) days before the effective date of cancellation. Proof of the Company emailing the Advice, using the information provided by the First Named Insured, will serve as proof that the Company has fully satisfied its obligations under this Endorsement. This Endorsement does not affect, in any way, coverage provided under this Policy or the cancellation of this Policy or the effective date thereof, nor shall this Endorsement invest any rights in any entity not insured under this Policy. Any failure on the Insurer’s part to deliver the Advice will not impose liability of any kind upon the Insurer or invalidate the cancellation. Any Certificate Holder is not an Insured or a Loss Payee under this Policy. No coverage will be available under this Policy for any Claim brought by or against any Certificate Holder. All other terms, conditions and limitations of this Policy shall remain unchanged. Authorized Representative WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT 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. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Any person or organization you are required to add as an Additional Insured in a written contract or agreement. In the state of Wisconsin, the premium charge is 2.0% of the total manual premium plus EL Increased Limits, subject to a minimum premium of $50 per policy. Issued by: Liberty Insurance Corp. For attachment to Policy No. WC7-641-446161-064 Effective Date 12/31/2024 Premium $ Incl. Issued to: Trilon Group, LLC Name of Other Person(s) /Email Address or mailing address:Number Days Notice: Organization(s): Per Schedule on file with the Company Per Schedule on file with the Company 90 NOTICE OF CANCELLATION TO THIRD PARTIES A.If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule below. We will send notice to the email or mailing address listed below at least 10 days, or the number of days listed below, if any, before cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B.This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. Schedule All other terms and conditions of this policy remain unchanged. Issued by For attachment to Policy No. Effective Date Premium $ Issued to Endorsement No.Trilon Group, LLC Liberty Insurance Corporation 21814 WC7-641-446161-064 WC 99 20 75 Ed. 12/01/2016 Page of© 2016 Liberty Mutual Insurance 1 1 Page 1 of PROFESSIONAL/CONSULTING SERVICES AGREEMENT 1. PARTIES This Agreement is made by and between the City of Cupertino, a municipal corporation (“City”), and Alta Planning + Design, Inc. (“Contractor”), a Corporation for a Citywide Active Transportation Plan, and is effective on the last date signed below (“Effective Date”). 2. SERVICES 2.1 Contractor agrees to provide the services and perform the tasks (“Services”) set forth in detail in Scope of Services, attached here and incorporated as Exhibit A. Contractor further agrees to carry out its work in compliance with any applicable local, State, or Federal order regarding COVID-19. 2.2 Contractor’s duties and services under this agreement shall not include preparing or assisting the City with any portion of the City’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the City. The City shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. Contractor’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. Contractor shall cooperate with the City to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by contractor pursuant to this agreement. 3. TIME OF PERFORMANCE 3.1 This Agreement begins on the Effective Date and ends on March 31, 2026 (“Contract Time”), unless terminated earlier as provided herein. Contractor’s Services shall begin on the Effective Date and shall be completed by March 31, 2026. The City’s appropriate department head or the City Manager may extend the Contract Time through a written amendment to this Agreement, provided such extension does not include additional contract funds. Extensions requiring additional contract funds are subject to the City’s purchasing policy. 3.2 Schedule of Performance. Contractor must deliver the Services in accordance with the Schedule of Performance, attached and incorporated here Exhibit B. 3.3 Contractor shall perform its services in a prompt and timely manner.Contractor must have sufficient time, resources, and qualified staff to deliver the Services on time. Page 2 of 4. COMPENSATION 4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Services an amount that will based on actual costs but that will be capped so as not to exceed $ 3 0,000 (“Contract Price”), based upon the scope of services in Exhibit A and the budget and rates included in Exhibit C, Compensation attached and incorporated here. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor’s actual costs exceed the capped amount. No extra work or payment is permitted without prior written approval of City. 4.2 Invoices and Payments. Monthly invoices must state a description of the deliverable completed and the amount due for the preceding month. Within thirty (30) days of completion of Services, Contractor must submit a requisition for final and complete payment of costs and pending claims for City approval. Failure to timely submit a complete and accurate payment requisition relieves City of any further payment or other obligations under the Agreement. 5. INDEPENDENT CONTRACTOR 5.1 Status. Contractor is an independent contractor and not an employee, partner, or joint venture of City. Contractor is solely responsible for the means and methods of performing the Services and for the persons hired to work under this Agreement. Contractor is not entitled to health benefits, worker’s compensation, or other benefits from the City. 5.2 Contractor’s Qualifications. Contractor warrants on behalf of itself and its subcontractors that they have the qualifications and skills to perform the Services in a competent and professional manner and according to the highest standards and best practices in the industry. 5.3 Permits and Licenses. Contractor warrants on behalf of itself and its subcontractors that they are properly licensed, registered, and/or certified to perform the Services as required by law and have procured a City Business License, if required by the Cupertino Municipal Code. 5.4 Subcontractors. Only Contractor’s employees are authorized to work under this Agreement. Prior written approval from City is required for any subcontractor, and the terms and conditions of this Agreement will apply to any approved subcontractor. 5.5 Tools, Materials, and Equipment. Contractor will supply all tools, materials and equipment required to perform the Services under this Agreement. 5.6 Payment of Benefits and Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor and any of its employees, agents, and subcontractors shall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, 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 Page 3 of Agreement is determined by a court of competent jurisdiction, arbitrator, or administrative authority, including but not limited to the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City, and actual attorney’s fees incurred by City in connection with the above. 6. PROPRIETARY/CONFIDENTIAL INFORMATION In performing this Agreement, Contractor may have access to private or confidential information owned or controlled by the City, which may contain proprietary or confidential details the disclosure of which to third parties may be damaging to City. Contractor shall hold in confidence all City information provided by City to Contractor marked as confidential or proprietary or that should reasonably be understood to be confidential or proprietary from the circumstances of disclosure and use it only to perform this Agreement. Contractor shall exercise the same standard of care to protect City information as a reasonably prudent contractor would use to protect its own proprietary data. 7. OWNERSHIP OF MATERIALS 7.1 Property Rights.Any interest (including copyright interests) of Contractor in any product, memoranda, study, report, map, plan, drawing, specification, data, record, document, or other information or work, in any medium (collectively, “Work Product”), prepared by Contractor in connection with this Agreement will be the exclusive property of the City upon completion of the work to be performed hereunder or upon termination of this Agreement, to the extent requested by City. In any case, no Work Product shall be shown to any third-party without prior written approval of City. 7.2 Copyright. To the extent permitted by Title 17 of the U.S. Code, all Work Product arising out of this Agreement is considered “works for hire” and all copyrights to the Work Product will be the property of City. Alternatively, Contractor assigns to City all Work Product copyrights. Contractor may use copies of the Work Product for promotion only with City’s written approval. 7.3 Patents and Licenses. Contractor must pay royalties or license fees required for authorized use of any third party intellectual property, including but not limited to patented, trademarked, or copyrighted intellectual property if incorporated into the Services or Work Product of this Agreement. 7.4 Re-Use of Work Product. Unless prohibited by law and without waiving any rights, City may use or modify the Work Product of Contractor or its sub-contractors prepared or created under this Agreement, to execute or implement any of the following: (a) The original Services for which Contractor was hired; (b) Completion of the original Services by others; (c) Subsequent additions to the original Services; and/or (d) Other City projects. Page of 7.5 Deliverables and Format. Contractor must provide electronic and hard copies of the Work Product, on recycled paper and copied on both sides, except for one single-sided original. 8. RECORDS Contractor must maintain complete and accurate accounting records relating to its performance in accordance with generally accepted accounting principles. The records must include detailed information of Contractor’s performance, benchmarks and deliverables, which must be available to City for review and audit. The records and supporting documents must be kept separate from other records and must be maintained for four (4) years from the date of City’s final payment. Contractor acknowledges that certain documents generated or received by Contractor in connection with the performance of this Agreement, including but not limited to correspondence between Contractor and any third party, are public records under the California Public Records Act, California Government Code section 6250 et seq. Contractor shall comply with all laws regarding the retention of public records and shall make such records available to the City upon request by the City, or in such manner as the City reasonably directs that such records be provided. 9. ASSIGNMENT Contractor shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so will be null and void. Any changes related to the financial control or business nature of Contractor as a legal entity is considered an assignment of the Agreement and subject to City approval, which shall not be unreasonably withheld. Control means fifty percent (50%) or more of the voting power of the business entity. 10. PUBLICITY / SIGNS Any publicity generated by Contractor for the project under this Agreement, during the term of this Agreement and for one year thereafter, will reference the City’s contributions in making the project possible. The words “City of Cupertino” will be displayed in all pieces of publicity, including flyers, press releases, posters, brochures, public service announcements, interviews and newspaper articles. No signs may be posted, exhibited or displayed on or about City property, except signage required by law or this Contract, without prior written approval from the City. 11. INDEMNIFICATION 11.1 To the fullest extent allowed by law, and except for losses caused by the sole and active negligence or willful misconduct of City personnel, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, officials, employees, agents, servants, volunteers, and consultants (“Indemnitees”), through legal counsel acceptable to City, from and against any and all liability, damages, claims, actions, causes of action, demands, charges, losses, costs, and expenses (including attorney fees, legal costs, and expenses related to litigation and dispute resolution proceedings) of every nature, arising directly or indirectly from this Agreement or in any manner relating to any of the following: Page (a) Breach of contract, obligations, representations, or warranties; (b) Negligent or willful acts or omissions committed during performance of the Services; (c) Personal injury, property damage, or economic loss resultingfrom the work orperformance of Contractor or its subcontractors or sub-subcontractors; (d) Unauthorized use or disclosure of City’s confidential and proprietary Information; (e) Claim of infringement or violation of a U.S. patent or copyright, trade secret, trademark, or service mark or other proprietary or intellectual property rights of any third party. 11.2 Contractor must pay the costs City incurs in enforcing this provision. Contractor must accept a tender of defense upon receiving notice from City of a third-party claim. At City’s request, Contractor will assist City in the defense of a claim, dispute, or lawsuit arising out of this Agreement. 11.3 Contractor’s duties under this section are not limited to the Contract Price, workers’ compensation payments, or the insurance or bond amounts required in the Agreement. Nothing in the Agreement shall be construed to give rise to an implied right of indemnity in favor of Contractor against City or any Indemnitee. 11.4.Contractor’s payments may be deducted or offset to cover any money the City lost due to a claim or counterclaim arising out of this Agreement, a purchase order, or other transaction. 11.5. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 11 from each and every subcontractor, or any other person or entity involved by, for, with, or on behalf of Contractor in the performance of this Agreement. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. 11.6.This Section 11 shall survive termination of the Agreement. 12. INSURANCE Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit D, and must maintain the insurance for the duration of the Agreement, or longer as required by City. City will not execute the Agreement until City approves receipt of satisfactory certificates of insurance and endorsements evidencing the type, amount, class of operations covered, and the effective and expiration dates of coverage. Failure to comply with this provision may result in City, at its sole discretion and without notice, purchasing insurance for Contractor and deducting the costs from Contractor’s compensation or terminating the Agreement. 13. COMPLIANCE WITH LAWS 13.1 General Laws. Contractor shall comply with all local, state, and federal laws and regulations applicable to this Agreement. Contractor will promptly notify City of changes in the law or other conditions that may affect the Project or Contractor’s ability to perform. Contractor is responsible for verifying the employment authorization of employees performing the Services, as required by the Immigration Reform and Control Act. 13.2 Labor Laws. Contractor shall comply with all labor laws applicable to this Agreement. If the Scope of Services includes a “public works” component, Contractor is required to comply with prevailing wage laws under Labor Code Section 1720 and other labor laws. Page of 13.3 Discrimination Laws. Contractor shall not discriminate on the basis of race, religious creed, color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy, age, sex, gender, sexual orientation, gender identity, Acquired-Immune Deficiency Syndrome (AIDS), or any other protected classification. Contractor shall comply with all anti-discrimination laws, including Government Code Sections 12900 and 11135, and Labor Code Sections 1735, 1777, and 3077.5. Consistent with City policy prohibiting harassment and discrimination, Contractor understands that harassment and discrimination directed toward a job applicant, an employee, a City employee, or any other person, by Contractor or its employees or sub-contractors will not be tolerated. Contractor agrees to provide records and documentation to the City on request necessary to monitor compliance with this provision. 13.4 Conflicts of Interest. Contractor shall comply with all conflict of interest laws applicable to this Agreement and must avoid any conflict of interest. Contractor warrants that no public official, employee, or member of a City board or commission who might have been involved in the making of this Agreement, has or will receive a direct or indirect financial interest in this Agreement, in violation of California Government Code Section 1090 et seq. Contractor may be required to file a conflict of interest form if Contractor makes certain governmental decisions or serves in a staff capacity, as defined in Section 18700 of Title 2 of the California Code of Regulations. Contractor agrees to abide by the City’s rules governing gifts to public officials and employees. 13.5 Remedies. Any violation of Section 13 constitutes a material breach and may result in City suspending payments, requiring reimbursements or terminating this Agreement. City reserves all other rights and remedies available under the law and this Agreement, including the right to seek indemnification under Section 11 of this Agreement. 14. PROJECT COORDINATION City Project Manager. The City assigns Matthew Schroeder as the City’s representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Scope of Services. City reserves the right to substitute another Project manager at any time, and without prior notice to Contractor. Contractor Project Manager. Subject to City approval, Contractor assigns Christopher Kidd as its single Representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Scope of Services. Contractor’s Project manager is responsible for coordinating and scheduling the Services in accordance with the Scope of Services and the Schedule of Performance. Contractor must regularly update the City’s Project Manager about the progress with the work or any delays, as required under the Scope of Services. City written approval is required prior to substituting a newRepresentative. 15. ABANDONMENT OF PROJECT City may abandon or postpone the Project or parts therefor at any time. Contractor will be compensated for satisfactory Services performed through the date of abandonment, and will be given reasonable time to assemble the work and close out the Services. With City’s pre-approval in writing, the time spent in closing out the Services will be compensated up to a maximum of ten percent (10%) of the total time expended to date in the performance of the Services. Page 16. TERMINATION City may terminate this Agreement for cause or without cause at any time. Contractor will be paid for satisfactory Services rendered through the date of termination, but final payment will not be made until Contractor closes out the Services and delivers the Work Product. Contractor may terminate this Agreement by written notice for cause, in whole or in part, if City breaches or fails to pay Contractor in accordance with this Agreement and, following notice, fails to cure or begin to cure such breach or failure within ten (10) days of receipt of notice from Contractor. 17. GOVERNING LAW, VENUE, AND DISPUTE RESOLUTION This Agreement is governed by the laws of the State of California. Any lawsuits filed related to this Agreement must be filed with the Superior Court for the County of Santa Clara, State of California. Contractor must comply with the claims filing requirements under the Government Code prior to filing a civil action in court. If a dispute arises, Contractor must continue to provide the Services pending resolution of the dispute. If the Parties elect arbitration, the arbitrator’s award must be supported by law and substantial evidence and include detailed written findings of law and fact. 18. ATTORNEY FEES If City initiates legal action, files a complaint or cross-complaint, or pursues arbitration, appeal, or other proceedings to enforce its rights or a judgment in connection with this Agreement, the prevailing party will be entitled to reasonable attorney fees and costs. 19. THIRD PARTY BENEFICIARIES There are no intended third party beneficiaries of this Agreement. 20. WAIVER Neither acceptance of the Services nor payment thereof shall constitute a waiver of any contract provision. City’s waiver of a breach shall not constitute waiver of another provision or breach. 21. ENTIRE AGREEMENT This Agreement represents the full and complete understanding of every kind or nature between the Parties, and supersedes any other agreement(s) and understanding(s), either oral or written, between the Parties. Any modification of this Agreement will be effective only if in writing and signed by each Party’s authorized representative. No verbal agreement or implied covenant will be valid to amend or abridge this Agreement. If there is any inconsistency between any term, clause, or provision of the main Agreement and any term, clause, or provision of the attachments or exhibits thereto, the terms of the main Agreement shall prevail and be controlling. 22. INSERTED PROVISIONS Each provision and clause required by law for this Agreement is deemed to be included and will be inferred herein. Either party may request an amendment to cure mistaken insertions or omissions of required provisions. The Parties will collaborate to implement this Section, as appropriate. Page 23. HEADINGS The headings in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit, or amplify the terms or provisions of this Agreement. 24. SEVERABILITY/PARTIAL INVALIDITY If any term or provision of this Agreement, or their application to a particular situation, is found by the court to be void, invalid, illegal, or unenforceable, such term or provision shall remain in force and effect to the extent allowed by such ruling. All other terms and provisions of this Agreement or their application to specific situations shall remain in full force and effect. The Parties agree to work in good faith to amend this Agreement to carry out its intent. 25. SURVIVAL All provisions which by their nature must continue after the Agreement expires or is terminated, including the Indemnification, Ownership of Materials/Work Product, Records, Governing Law, and Attorney Fees, shall survive the Agreement and remain in full force and effect. 26. NOTICES All notices, requests and approvals must be sent in writing to the persons below, which will be considered effective on the date of personal delivery or the date confirmed by a reputable overnight delivery service, on the fifth calendar day after deposit in the United States Mail, postage prepaid, registered or certified, or the next business day following electronic submission: To City of Cupertino: Office of the City Manager 10300 Torre Ave. Cupertino, CA 95014 Attention: Matthew Schroeder Email: matts@cupertino.gov To Contractor: Alta Planning + Design, Inc. 101 SW Main St, Ste 2000 Portland, OR 97204 Attention: Christopher Kidd Email: christopherkidd@altago.com cc: contracts@altago.com 27. EXECUTION The person executing this Agreement on behalf of Contractor represents and warrants that Contractor has full right, power, and authority to enter into and carry out all actions contemplated by this Agreement and that he or she is authorized to execute this Agreement, which constitutes a legally binding obligation of Contractor. This Agreement may be executed in counterparts, each one of which is deemed an original and all of which, taken together, constitute a single binding instrument. Page IN WITNESS WHEREOF,the parties have caused the Agreement to be executed. CITY OF CUPERTINO CONTRACTOR A Municipal Corporation By By Name Pamela Wu Name Steven Frieson Title City Manager Title Vice President as duly authorized Date Date APPROVED AS TO FORM: CHRISTOPHER D. JENSEN Cupertino City Attorney ATTEST: KIRSTEN SQUARCIA City Clerk DATE: 01/22/2025 Christopher D. Jensen 01/22/2025 01/22/2025 304 12th Street, Suite 2A Oakland, CA 94607 (510) 540-5008 | altago.com altago.com Scope of Work Task 1. Project Management and Coordination Task 1.1 Project Initiation Within two weeks of receiving a Notice to Proceed, Alta will plan and facilitate a project kick-off meeting with the Project Management Team (PMT) which will include the core of the working team from the City and the Alta team. Recommended objectives for the kick-off meeting include: Present & confirm proposed scope, schedule, and budget Review project goals and objectives Discuss initial data needs; outreach and engagement strategy; and anticipated level of effort required for data inventory and updates Establish overall expectations, including communication channels, project templates, and protocols for sharing deliverables via cloud-based tools. Alta will provide a kick-off meeting packet with the agenda, handouts, and presentation ahead of the meeting. Following the kick-off meeting, the Alta team will prepare and submit minutes within five (5) business days, including: discussions and outcomes, a detailed schedule for internal City use, and a simplified schedule for use with the broader public and City Council. Alta will also develop and deliver a memo to request relevant background documents, GIS and other available data needed to perform project analyses and create base maps. Alta will work with the City’s project manager to develop an agreed upon GIS data structure for the duration of the project. At the completion of the project, Alta will provide the project’s GIS data in an ESRI file geodatabase. 1.2 - Project Management Team Meetings project team, held online , review of deliverables, . Alta will prepare a recurring online and minutes. Monthly project status reports will be included with each monthly invoice, summarizing tasks completed and outlining tasks to be completed over the next 30 days. —including email, phone -to-date on the development of the plan. TASK 1 DELIVERABLES Kick-off meeting agenda, presentation and handouts, facilitation, and minutes/action items Data Request Memo Project schedule breakdown (both detailed and simplified) Monthly project management meeting agendas, project status reports, and minutes/action items (assumes 12 month meetings) Monthly invoices and progress reports (single monthly invoice, with budget/progress) Task 2 - Public Engagement 2.1 - Public Participation Plan EXHIBIT A 304 12th Street, Suite 2A Oakland, CA 94607 (510) 540-5008 | altago.com altago.com Alta will work closely with the city PMT to develop a Plan (PPP) that will strategies to meaningfully engage with . the kick- PP will take place over two phases: PHASE 1: DISCOVERY - Understand unmet walking and bicycling needs for the City’s residents and visitors. PHASE 2: RECOMMENDATIONS - Provide opportunities for the public to refine project and program recommendations and to inform the prioritization and implementation process. 10 Engagement strategies, both online and in-person, will encourage open and meaningful . events as much as possible. The PPP will also develop key messages to to establish a baseline of trust at the outset of the project. 2.2 – Public Input Survey (Website, Webmap) Alta proposes for the Public Input Survey to develop a mobile- community input map, Our in- Promote outreach and education materials Host the proposed public surveys Document workshops, public events, and other in person engagement opportunities Allow members of the public to provide feedback on the Draft Plan and eventually view the Final Plan The Alta team will develop a two- online survey and map input that works well on computers, tablets and phones. During the discovery phase, users will be able to provide feedback in the form of points and lines on the map with Frequently used routes & preferred routes Origins and destinations Bicycle/pedestrian network gaps Difficult crossings, perceived safety issues, and connectivity barriers Recreational and commuter needs Pavement quality, wayfinding, and signage issues Desired bike parking and other support facilities This interactive tool has generated hundreds of comments for many of our previous and existing projects, including the Santa Clara County Active Transportation Plan. See SacStreetsforPeople.org for a current live example of an interactive input map. The maps can be brought to community meetings and pop-up workshops on iPads to encourage additional engagement from those without access to the internet. During the recommendations phase, Alta will develop a second community map survey where residents can provide input on recommended projects and project prioritization. 304 12th Street, Suite 2A Oakland, CA 94607 (510) 540-5008 | altago.com altago.com 2.3 - Public Engagement Activities We anticipate the public outreach process will have two major phases, aligning with the two phases of the Public Participation Plan in Task 2.1. The first phase will solicit feedback on existing conditions, key destinations, and community concerns. The second phase will focus on reflecting public input from the first phase, analysis results, proposed projects, and program and policy recommendations. Alta anticipates hosting up to four (4) community events. During each phase, one community event will be in-person and one community event will be held online. The Alta team also proposes up to six (6) pop-up events. This could include participation in public festivals, school events, or a community-led bike/roll event. TASK 2 DELIVERABLES Draft and Final Public Participation Plan Draft and Final project website Draft and Final webmap survey – two (2) phases Draft and Final survey results report Attendance, collateral materials and summary for up to four (4) public meetings. Two meetings will be hosted in- person and two meeting to be hosted virtually Attendance, collateral materials and summary for up to six (6) pop-up meetings Public Participation summary report (Appendix to the Plan) Task 3 - Existing Conditions/ Data Collection 3.1 – Plan and Policy Review plans and networks in . This impact it limited to: 2024 Cupertino Vision Zero Action Plan 2016 Cupertino Bicycle Transportation Plan 2018 Cupertino Pedestrian Transportation Plan 2023 Cupertino Local Road Safety Plan 2018 Cupertino Complete Streets Policy 2024 Santa Clara County Active Transportation Plan (in progress) 2022 Cupertino Climate Action Plan 2021 Cupertino Bollinger Road Corridor Safety Study 2021 Cupertino Transportation Study Guidelines 2020 Cupertino Parks and Recreation Master Plan 2015 Cupertino General Plan Transportation Element 2024 VTA Valley Transportation 2050 (in progress) Cupertino Safe Routes to School Program Alta will work with the c progress made on past plans, and projects. 304 12th Street, Suite 2A Oakland, CA 94607 (510) 540-5008 | altago.com altago.com 3.2 – Develop Goals, Objectives, and Performance Measures Alta will work with the City to develop a set of quantifiable short, medium, and long-range goals, objectives, and performance measures – establishing a clear and compelling vision for walking and biking in Cupertino. Goals, objectives and performance measures will be aligned with priorities from Task 3.1 Plan Review, considering the intersectionality between safety, connectivity, equity, mobility, and sustainability. We will draw on our national library of best practice policies, as well as our work developing performance measures including such guidebooks as FHWA’s Measuring Multi-Modal Network Connectivity. Through this task, Alta will also work with the City to identify existing policies that may need to be revised for a successful Plan. As part of this task, Alta will develop a draft Goals, Objectives, and Measurable Outcomes technical memo for the City to review and comment. Following a single set of internally consistent comments, the memo will be updated and finalized for use in the Draft Plan. 3.3 – Existing Conditions Review Alta will develop a comprehensive basemap in ArcGIS capturing key cartographic features in current/future land uses The Alta team will review the City’s inventory of for completeness, including sidewalks, bike Alta will develop a set of maps, tables, and The Alta team will conduct the following analysis of existing conditions: Collision Analysis – the Alta team will integrate the findings of the High Injury Network analysis conducted for the 2024 Vision Zero Action Plan. Bicycle & Pedestrian Level of Traffic Stress - Alta will complete a level of traffic stress analysis for the bikeway network (BLTS) and the pedestrian network (PLTS), ranking streets from low stress (LTS 1) to high stress (LTS 4). This network will be based on the preliminary LTS analysis derived from OpenStreetMap data, supplemented by inventory activities in Task 3.3. Our analysis will illustrate how stress barriers (e.g., challenging crossings) can create areas of disconnectivity and islands along what otherwise appear to be low-stress roadways. Active Trip Potential Assessment - Alta proposes the use of local travel demand models, Replica Places, or StreetLight Origin-Destination (OD) data to understand existing travel patterns with special attention on short trip distances that can be made as active trips. A heat map will be generated showing percentage of trips that could be served via walking, biking, or electric micromobility throughout the study area. This analysis often points to locations where latent demand exists for active transportation. Alta will also provide an interactive visualization of origin-destination flows in the form of an Alta Flow Dashboard. Alta will synthesize findings and analysis into an existing conditions technical memo. Findings, presented with narrative, maps, and graphics, will support work during the public outreach phases of the project and will form the basis for development of project recommendations. At the end of the project, Alta will provide the City with GIS shapefiles and attribute tables used in the analysis. 3.4 – Needs Assessment 304 12th Street, Suite 2A Oakland, CA 94607 (510) 540-5008 | altago.com altago.com Combining analysis conducted in Task 3.3 and public input gathered in Task 2, Alta will conduct an in-depth evaluation to uncover the underlying barriers to efficient and comfortable travel for short trips which are currently marred by significant levels of indirectness and perceived barriers to travel. This analysis will integrate the insights gleaned from the Active Trip Potential Assessment with comprehensive evaluations of traffic stress networks developed in previous tasks. By analyzing origin-destination (OD) data in conjunction with assessments of network-induced stress, Alta intends to identify short trips that exhibit high degrees of indirectness and stress, thereby discouraging active transportation modes. Alta will produce maps illustrating OD flows, where the thickness of lines will indicate the volume of trips and colors will denote levels of indirectness, employing both stress-adjusted and non-stress-adjusted measures. These visual representations can provide clear insights into how infrastructure and stress impact travel choices, identifying areas for active transportation investment. These analysis results can be summarized to census block group level heat maps to illustrate the average stress-levels and route directness at a fine-grained level. Alta will produce a series of maps, tables, and related narrative that describe gaps and needs that can be addressed by the City. Particular attention will be placed on the intersectionality of improving safe routes to school and safety (i.e., Vision Zero) for all roadway users. Information from the public outreach process will also be integrated into this process. TASK 3 DELIVERABLES Draft and Final Plans and Policies Summary Memo Draft and Final Goals, Objectives and Measurable Outcomes Memo Draft and Final Existing Conditions Summary BLTS Map, PLTS Map, and geodatabase of LTS feature classes One heat map showing potential for active trips or micromobility Alta Flow interactive visualization of origin-destination flows Needs Assessment Summary Task 4 - Project Recommendations 4.1 – Develop Project Recommendations Alta will develop a combined, prioritized set of recommendations to improve walking and bicycling throughout the city with a focus on creating a network for all ages and abilities. This task will be informed by existing best practices, outcomes from the Public Engagement Process (Task 2), Existing Conditions Analysis (Task 3.3), and Needs Assessment (Task 3.4). Maps depicting existing, funded, and proposed pedestrian and bikeway projects will be developed along with a project list with the project name, proposed facility type, segment endpoints, and segment length for each recommended improvement. Recommended improvements will include, but are not limited to, locations where Class IV bicycle facilities, separated intersections, or enhanced pedestrian crossings are most appropriate. Drawing on the socio-demographic analysis and the medium-to-long- 3, Alta will recommend non- pes - s 304 12th Street, Suite 2A Oakland, CA 94607 (510) 540-5008 | altago.com altago.com 4.2 Financial Analysis - - quick-ns. for f ll short-term, medium-term, or long-. TASK 4 DELIVERABLES Draft and Final Project Recommendations Summary Programmatic and policy recommendations Prioritization methodology and related maps Draft and Final Financial Analysis technical memo Planning-level cost estimates Funding source matrix Task 5 - Active Transportation Plan 5.1 – Develop Report from technical memos and task summaries Following the City’s comments on the Administrative Draft, Alta will develop a public facing Draft Active Transportation Plan Document. The Draft Plan will be an attractive, reader-friendly, graphic-rich document. It is anticipated that the Public Draft Plan will be presented following Phase 2 of public outreach. The Alta team also proposes posting an interactive PDF of the draft plan to the project website for a period of one month. Interactive PDFs allow the public to post comments directly onto the pages of the plan, noting areas of improvement. These comments can then be reviewed by the Alta project team and incorporated into the Final Plan. It is anticipated that Alta will address up to one (1) round of consolidated non- contradictory comments. Alta will revise the draft plan and produce a final plan based on public comments and guidance from City staff. Alta will provide the City a minimum of two (2) weeks to conduct a final plan review to identify remaining ‘fatal flaws’. Alta will revise the Final Plan based on one (1) set of consolidated non-contradictory City comments. 5.2 Council/Commission Presentation The Alta team will develop a presentation for three (3) meetings of the Bicycle Pedestrian Commission and one (1) meeting of the City Council throughout the lifecycle of the plan process. We anticipate the first two Bicycle Pedestrian Commission meetings will occur at major project milestones, while the final Commission meeting and sole City Council meeting will be reserved for seeking Plan approval. We anticipate each meeting to be 2 to 3 hours in length. We anticipate working with the City to serve as a conduit for information sharing and requesting feedback from the Bicycle Pedestrian Commission during the duration of the project. To maximize existing budget and help streamline the 304 12th Street, Suite 2A Oakland, CA 94607 (510) 540-5008 | altago.com altago.com development of the Plan, we propose that these meetings be hosted through a combination of in-person and virtual meetings. TASK 5 DELIVERABLES Administrative Draft Plan Public Draft Plan Final Plan All project files, supporting technical data, reports and documentation Compilation of comments received and responses Presentations to Bicycle Pedestrian Advisory Committee (3) with notes and action items Presentation to City Council with notes and action items Contingency This contract will hold a reserve of $29,422 as a contingency fund against out-of-scope task. Prior to utilization of contingency funding, the Alta team will submit a scope modification to the City of Cupertino for review and authorization. This scope modification will include identification of out-of-scope requests by the City, corresponding workplan & deliverables, schedule, and fee. Contingency tasks will only be initiated after receiving a formal Notice to Proceed from the City of Cupertino. Schedule Detailed schedule provided on following pages. Budget Detailed budget provided on following pages. Task Budget Task 1. Project Management & Coordination $21,736 Task 2. Public Engagement $58,679 Task 3. Existing Conditions/Data Collection $104,973 Task 4. Project Recommendations $61,046 Task 5. Active Transportation Plan $49,459 Direct Expenses $4,685 Contingency $29,422 TOTAL $330,000 Exhibit B Cupertino Active Transportation Plan Project Budget Samuel Corbett Christopher Kidd George Foster Jeffrey Knowles Brian Burchfield $314 $252 $155 $294 1 Project Management and Coordination 9 30 28 0 1.01 Project Initiation 3 6 4 0 1.02 Project Management 6 24 24 0 2.00 Public Engagement 8 16 58 0 2.01 Public Participation Plan 2 8 8 0 2.02 Public Input Survey 2 0 10 0 2.03 Public Engagement Activities 4 8 40 0 3.00 Existing Conditions/Data Collection 13 33 19 9 3.01 Plan and Policy Review 1 5 5 0 3.02 Develop Goals, Objectives, and Performance Measures 2 8 2 5 3.03 Existing Conditions Review 6 15 4 2 3.04 Needs Analysis 4 5 8 2 4.00 Project Recommendations 10 24 15 8 4.01 Develop Project Recommendations 6 20 15 4 4.02 Financial Analysis 4 4 0 4 5.00 Active Transportation Plan 9 26 28 4 Phase Exhibit C Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts 1 Version: August 2024 Consultant shall procure prior to commencement of Services and maintain for the duration of the contract, at its own cost and expense, the following insurance policies and coverage with companies doing business in California and acceptable to City. INSURANCE POLICIES AND MINIMUMS REQUIRED 1.Commercial General Liability (CGL) for bodily injury, property damage, personal injury liability for premises operations, products and completed operations, contractual liability, and personal and advertising injury with limits no less than $2,000,000 per occurrence (ISO Form CG 00 01). If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO Form CG 25 03 or 25 04) or it shall be twice the required occurrence limit. a. It shall be a requirement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be (i) the minimum coverage/limits specified in this agreement; or (ii) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. b. Additional Insured coverage under Consultant's policy shall be "primary and non-contributory," will not seek contribution from City’s insurance/self-insurance, and shall be at least as broad as ISO Form CG 20 10 (04/13). c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess insurance, provided each policy complies with the requirements set forth in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary basis for the benefit of City before the City’s own insurance or self- insurance shall be called upon to protect City as a named insured. 2.Automobile Liability: ISO CA 00 01 covering any auto (including owned, hired, and non-owned autos) with limits no less than $1,000,000 per accident for bodily injury and property damage. 3.Workers’ Compensation: As required by the State of California, with Statutory Limits and Employer’s Liability Insurance of no less than $1,000,000 per occurrence for bodily injury or disease. Not required. Consultant has provided written verification of no employees. 4.Professional Liability for professional acts, errors and omissions, as appropriate to Consultant’s profession, with limits no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. If written on a claims made form: a. The Retroactive Date must be shown and must be before the Effective Date of the Contract. b. Insurance must be maintained for at least five (5) years after completion of the Services. c.If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Contract Effective Date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the Services. EXHIBIT D Insurance Requirements Design Professionals & Consultants Contracts Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts 2 Version: August 2024 OTHER INSURANCE PROVISIONS The aforementioned insurance shall be endorsed and have all the following conditions and provisions: Additional Insured Status The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers (“Additional Insureds”) are to be covered as additional insureds on Consultant’s CGL and automobile liability policies. General Liability coverage can be provided in the form of an endorsement to Consultant’s insurance (at least as broad as ISO Form CG 20 10 (11/ 85) or both CG 20 10 and CG 20 37 forms, if later editions are used). Primary Coverage Coverage afforded to City/Additional Insureds shall be primary insurance. Any insurance or self-insurance maintained by City, its officers, officials, employees, or volunteers shall be excess of Consultant’s insurance and shall not contribute to it. Notice of Cancellation Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums. Waiver of Subrogation Consultant waives any right to subrogation against City/Additional Insureds for recovery of damages to the extent said losses are covered by the insurance policies required herein. Specifically, the Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Consultant, its employees, agents and subconsultants. This provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Deductibles and Self-Insured Retentions Any deductible or self-insured retention must be declared to and approved by the City. At City’s option, either: the insurer must reduce or eliminate the deductible or self-insured retentions as respects the City/Additional Insureds; or Consultant must show proof of ability to pay losses and costs related investigations, claim administration and defense expenses. The policy shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the insured or the City. Acceptability of Insurers 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 mandatory endorsements (or copies of the policies effecting the coverage required by this Contract), and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements prior to commencement of the Contract. City retains the right to demand verification of compliance at any time during the Contract term. Subconsultants Consultant shall require and verify that all subconsultants maintain insurance that meet the requirements of this Contract, including naming the City as an additional insured on subconsultant’s insurance policies. Higher Insurance Limits If Consultant maintains broader coverage and/or higher limits than the minimums shown above, City shall be entitled to coverage for the higher insurance limits maintained by Consultant. Adequacy of Coverage City reserves the right to modify these insurance requirements/coverage based on the nature of the risk, prior experience, insurer or other special circumstances, with not less than ninety (90) days prior written notice. Willis Towers Watson Insurance Services West, Inc. c/o 26 Century Blvd P.O. Box 305191 Nashville, TN 372305191 USA Alta Planning + Design, Inc. 1200 17th St., Suite 860 Denver, CO 80202 RE: 304.000MK24.243 SEE ATTACHED City of Cupertino 10300 Torre Ave, Cupertino, CA 95014 01/09/2025 1-877-945-7378 1-888-467-2378 certificates@wtwco.com Liberty Mutual Fire Insurance Company 23035 Liberty Insurance Corporation Allied World Surplus Lines Insurance Compa 42404 24319 Indemnity National Insurance Company 18468 RSUI Indemnity Company 22314 W37419711 A 2,000,000 1,000,000 25,000 2,000,000 4,000,000 4,000,000 Y Y TB2-641-446161-054 12/31/2024 12/31/2025 B 2,000,000 12/31/202512/31/2024YYAS7-641-446161-044 WC7-641-446161-064BY 1,000,000No12/31/2024 12/31/2025 1,000,000 1,000,000 C Professional Liab incl Pollution Each Claim Limit0313-8987 12/31/2024 12/31/2025 Policy Aggregate 377530127104169SR ID:BATCH: $5,000,000 $5,000,000 WTW Certificate Center Page 1 of 2 AS7-641-446161-044 TB2-641-446161-054 Alta Planning + Design, Inc. 101 SW Main St., Ste 2000 Portland, OR 97204 General Liability Deductible - $100,000 Automobile Liability Deductible - $500,000 Professional - $50,000 The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers is included as an Additional Insured as respects to General Liability Auto Liability and Umbrella Liability. General Liability, Auto Liability and Umbrella Liability policy shall be Primary and Non-contributory with any other insurance in force for or which may be purchased by Additional Insured. Waiver of Subrogation applies in favor of Additional Insureds with respects to General Liability, Auto Liability, Umbrella Liability and Workers Compensation as permitted by law. Waiver of Subrogation is included on the Professional Liability policy including the Pollution Coverage as required by written contract. INSURER AFFORDING COVERAGE: Indemnity National Insurance Company NAIC#: 18468 POLICY NUMBER: XS001814 24 EFF DATE: 12/31/2024 EXP DATE: 12/31/2025 TYPE OF INSURANCE: LIMIT DESCRIPTION: LIMIT AMOUNT: Excess Automobile Liability Each Occurrence $1,500,000 excess $2,000,000 INSURER AFFORDING COVERAGE: RSUI Indemnity Company NAIC#: 22314 POLICY NUMBER: NHA604323 EFF DATE: 12/31/2024 EXP DATE: 12/31/2025 TYPE OF INSURANCE: LIMIT DESCRIPTION: LIMIT AMOUNT: Excess Automobile Liability Each Occurrence $1,500,000 excess $2,000,000 2 2 Willis Towers Watson Insurance Services West, Inc. See Page 1 See Page 1 See Page 1 See Page 1 25 Certificate of Liability Insurance W37152216CERT:3756610BATCH:26998488SR ID: General Liability Deductible - $100,000 Automobile Liability Deductible - $500,000 Professional - $50,000 General Liability Deductible - $100,000 Automobile Liability Deductible - $500,000 Professional - $50,000 AS7-641-446161-044AS7-641-446161-044 December 3 4 304 12th Street, Suite 2A Oakland, CA 94607 (510) 540-5008 | altago.com altago.com Scope of Work Task 1. Project Management and Coordination Task 1.1 Project Initiation Within two weeks of receiving a Notice to Proceed, Alta will plan and facilitate a project kick-off meeting with the Project Management Team (PMT) which will include the core of the working team from the City and the Alta team. Recommended objectives for the kick-off meeting include: • Present & confirm proposed scope, schedule, and budget • Review project goals and objectives • Discuss initial data needs; outreach and engagement strategy; and anticipated level of effort required for data inventory and updates • Establish overall expectations, including communication channels, project templates, and protocols for sharing deliverables via cloud-based tools. Alta will provide a kick-off meeting packet with the agenda, handouts, and presentation ahead of the meeting. Following the kick-off meeting, the Alta team will prepare and submit minutes within five (5) business days, including: discussions and outcomes, a detailed schedule for internal City use, and a simplified schedule for use with the broader public and City Council. Alta will also develop and deliver a memo to request relevant background documents, GIS and other available data needed to perform project analyses and create base maps. Alta will work with the City’s project manager to develop an agreed upon GIS data structure for the duration of the project. At the completion of the project, Alta will provide the project’s GIS data in an ESRI file geodatabase. 1.2 - Project Management Team Meetings Alta will coordinate monthly project management team (PMT) meetings with City staff and other key members of the project team, held online. These meetings will allow for close communication on upcoming tasks, review of deliverables, establishment of action items, and proactive resolution of potential issues or concerns. Alta will prepare a recurring online meeting link, agendas, and minutes. Monthly project status reports will be included with each monthly invoice, summarizing tasks completed and outlining tasks to be completed over the next 30 days. There will be ongoing coordination between Alta’s Project Manager and the City’s project manager—including email, phone and written communication to keep City staff up-to-date on the development of the plan. TASK 1 DELIVERABLES • Kick-off meeting agenda, presentation and handouts, facilitation, and minutes/action items • Data Request Memo • Project schedule breakdown (both detailed and simplified) • Monthly project management meeting agendas, project status reports, and minutes/action items (assumes 12 month meetings) • Monthly invoices and progress reports (single monthly invoice, with budget/progress) Task 2 - Public Engagement 2.1 - Public Participation Plan EXHIBIT A 304 12th Street, Suite 2A Oakland, CA 94607 (510) 540-5008 | altago.com altago.com Alta will work closely with the city PMT to develop a Public Participation Plan (PPP) that will identify strategies to meaningfully engage with Cupertino’s broad array of stakeholders. Alta will provide a draft PPP within three (3) weeks of the kick-off meeting for review and comment by the city PMT. We anticipate the PPP will describe outreach activities that will take place over two phases: PHASE 1: DISCOVERY - Understand unmet walking and bicycling needs for the City’s residents and visitors. PHASE 2: RECOMMENDATIONS - Provide opportunities for the public to refine project and program recommendations and to inform the prioritization and implementation process. The PPP will include a schedule of activities (minimum of 10 public engagement events), deliverables, and anticipated actions required of the City. Engagement strategies, both online and in-person, will encourage open and meaningful conversation among a diverse range of stakeholders on active transportation issues and needs. We are sensitive to the limits on participants’ time and will structure outreach and engagement opportunities that align with existing meetings and events as much as possible. The PPP will also develop key messages to clearly identify decision space for the public, helping to establish a baseline of trust at the outset of the project. 2.2 – Public Input Survey (Website, Webmap) Alta proposes for the Public Input Survey to develop a mobile-friendly project webpage that includes an online interactive community input map, allowing the public to identify priority destinations, routes they would like to see improved, and similar feedback. Outreach materials for Public Engagement Activities (Task 2.3) will be developed to replicate the format of the interactive community map to ensure comparable data across all outreach activities. Our in-house website development team will develop an interactive project website to: • Promote outreach and education materials • Host the proposed public surveys • Document workshops, public events, and other in person engagement opportunities • Allow members of the public to provide feedback on the Draft Plan and eventually view the Final Plan Interactive Input Maps and Community Survey (2 phases): The Alta team will develop a two-phase online interactive community survey. Alta has developed a technology to support online survey and map input that works well on computers, tablets and phones. During the discovery phase, users will be able to provide feedback in the form of points and lines on the map with information such as: • Frequently used routes & preferred routes • Origins and destinations • Bicycle/pedestrian network gaps • Difficult crossings, perceived safety issues, and connectivity barriers • Recreational and commuter needs • Pavement quality, wayfinding, and signage issues • Desired bike parking and other support facilities This interactive tool has generated hundreds of comments for many of our previous and existing projects, including the Santa Clara County Active Transportation Plan. See SacStreetsforPeople.org for a current live example of an interactive input map. The maps can be brought to community meetings and pop-up workshops on iPads to encourage additional engagement from those without access to the internet. During the recommendations phase, Alta will develop a second community map survey where residents can provide input on recommended projects and project prioritization. 304 12th Street, Suite 2A Oakland, CA 94607 (510) 540-5008 | altago.com altago.com 2.3 - Public Engagement Activities We anticipate the public outreach process will have two major phases, aligning with the two phases of the Public Participation Plan in Task 2.1. The first phase will solicit feedback on existing conditions, key destinations, and community concerns. The second phase will focus on reflecting public input from the first phase, analysis results, proposed projects, and program and policy recommendations. Alta anticipates hosting up to four (4) community events. During each phase, one community event will be in-person and one community event will be held online. The Alta team also proposes up to six (6) pop-up events. This could include participation in public festivals, school events, or a community-led bike/roll event. TASK 2 DELIVERABLES • Draft and Final Public Participation Plan • Draft and Final project website • Draft and Final webmap survey – two (2) phases • Draft and Final survey results report • Attendance, collateral materials and summary for up to four (4) public meetings. Two meetings will be hosted in- person and two meeting to be hosted virtually • Attendance, collateral materials and summary for up to six (6) pop-up meetings • Public Participation summary report (Appendix to the Plan) Task 3 - Existing Conditions/ Data Collection 3.1 – Plan and Policy Review Alta will request available relevant data, plans, policies and regulations as part of the Data Request Memo. Alta will review relevant approved planning documents to develop an understanding of the local policy baseline and active transportation plans and networks in Cupertino. This will include consideration of the pattern of future growth and development and the impact it is expected to have on active transportation demand. Documents to be reviewed by Alta may include, but are not limited to: • 2024 Cupertino Vision Zero Action Plan • 2016 Cupertino Bicycle Transportation Plan • 2018 Cupertino Pedestrian Transportation Plan • 2023 Cupertino Local Road Safety Plan • 2018 Cupertino Complete Streets Policy • 2024 Santa Clara County Active Transportation Plan (in progress) • 2022 Cupertino Climate Action Plan • 2021 Cupertino Bollinger Road Corridor Safety Study • 2021 Cupertino Transportation Study Guidelines • 2020 Cupertino Parks and Recreation Master Plan • 2015 Cupertino General Plan Transportation Element • 2024 VTA Valley Transportation 2050 (in progress) • Cupertino Safe Routes to School Program Alta will work with the city PMT to finalize the list of approved plans to review at the onset of the project. Alta will summarize all reviewed plans in a review matrix highlighting progress made on past plans, key recommendations, policies, and projects. The 2024 Vision Zero Action Plan will feature prominently in integration of policies and actions for the Active Transportation Plan. Following a single set of internally consistent comments, the memo will be updated and finalized for use in the Draft Plan. 304 12th Street, Suite 2A Oakland, CA 94607 (510) 540-5008 | altago.com altago.com 3.2 – Develop Goals, Objectives, and Performance Measures Alta will work with the City to develop a set of quantifiable short, medium, and long-range goals, objectives, and performance measures – establishing a clear and compelling vision for walking and biking in Cupertino. Goals, objectives and performance measures will be aligned with priorities from Task 3.1 Plan Review, considering the intersectionality between safety, connectivity, equity, mobility, and sustainability. We will draw on our national library of best practice policies, as well as our work developing performance measures including such guidebooks as FHWA’s Measuring Multi-Modal Network Connectivity. Through this task, Alta will also work with the City to identify existing policies that may need to be revised for a successful Plan. As part of this task, Alta will develop a draft Goals, Objectives, and Measurable Outcomes technical memo for the City to review and comment. Following a single set of internally consistent comments, the memo will be updated and finalized for use in the Draft Plan. 3.3 – Existing Conditions Review Alta will develop a comprehensive basemap in ArcGIS capturing key cartographic features in Cupertino that relate to active transportation including streets, parks, schools, topography, community demographics, collision locations, and current/future land uses. This basemap will be shared with City staff for one (1) round of comments to inform edits to the layout, labeling, cartographic style, and other presentation elements of the maps. The Alta team will review the City’s inventory of existing bicycle and pedestrian infrastructure data for completeness, including existing bicycle facilities, sidewalks, bike parking and wayfinding. Alta will develop a set of maps, tables, and narrative that describe the existing pedestrian and bicycle networks and conditions. The Alta team will conduct the following analysis of existing conditions: Collision Analysis – the Alta team will integrate the findings of the High Injury Network analysis conducted for the 2024 Vision Zero Action Plan. Bicycle & Pedestrian Level of Traffic Stress - Alta will complete a level of traffic stress analysis for the bikeway network (BLTS) and the pedestrian network (PLTS), ranking streets from low stress (LTS 1) to high stress (LTS 4). This network will be based on the preliminary LTS analysis derived from OpenStreetMap data, supplemented by inventory activities in Task 3.3. Our analysis will illustrate how stress barriers (e.g., challenging crossings) can create areas of disconnectivity and islands along what otherwise appear to be low-stress roadways. Active Trip Potential Assessment - Alta proposes the use of local travel demand models, Replica Places, or StreetLight Origin-Destination (OD) data to understand existing travel patterns with special attention on short trip distances that can be made as active trips. A heat map will be generated showing percentage of trips that could be served via walking, biking, or electric micromobility throughout the study area. This analysis often points to locations where latent demand exists for active transportation. Alta will also provide an interactive visualization of origin-destination flows in the form of an Alta Flow Dashboard. Alta will synthesize findings and analysis into an existing conditions technical memo. Findings, presented with narrative, maps, and graphics, will support work during the public outreach phases of the project and will form the basis for development of project recommendations. At the end of the project, Alta will provide the City with GIS shapefiles and attribute tables used in the analysis. 3.4 – Needs Assessment 304 12th Street, Suite 2A Oakland, CA 94607 (510) 540-5008 | altago.com altago.com Combining analysis conducted in Task 3.3 and public input gathered in Task 2, Alta will conduct an in-depth evaluation to uncover the underlying barriers to efficient and comfortable travel for short trips which are currently marred by significant levels of indirectness and perceived barriers to travel. This analysis will integrate the insights gleaned from the Active Trip Potential Assessment with comprehensive evaluations of traffic stress networks developed in previous tasks. By analyzing origin-destination (OD) data in conjunction with assessments of network-induced stress, Alta intends to identify short trips that exhibit high degrees of indirectness and stress, thereby discouraging active transportation modes. Alta will produce maps illustrating OD flows, where the thickness of lines will indicate the volume of trips and colors will denote levels of indirectness, employing both stress-adjusted and non-stress-adjusted measures. These visual representations can provide clear insights into how infrastructure and stress impact travel choices, identifying areas for active transportation investment. These analysis results can be summarized to census block group level heat maps to illustrate the average stress-levels and route directness at a fine-grained level. Alta will produce a series of maps, tables, and related narrative that describe gaps and needs that can be addressed by the City. Particular attention will be placed on the intersectionality of improving safe routes to school and safety (i.e., Vision Zero) for all roadway users. Information from the public outreach process will also be integrated into this process. TASK 3 DELIVERABLES • Draft and Final Plans and Policies Summary Memo • Draft and Final Goals, Objectives and Measurable Outcomes Memo • Draft and Final Existing Conditions Summary • BLTS Map, PLTS Map, and geodatabase of LTS feature classes • One heat map showing potential for active trips or micromobility • Alta Flow interactive visualization of origin-destination flows • Needs Assessment Summary Task 4 - Project Recommendations 4.1 – Develop Project Recommendations Alta will develop a combined, prioritized set of recommendations to improve walking and bicycling throughout the city with a focus on creating a network for all ages and abilities. This task will be informed by existing best practices, outcomes from the Public Engagement Process (Task 2), Existing Conditions Analysis (Task 3.3), and Needs Assessment (Task 3.4). Maps depicting existing, funded, and proposed pedestrian and bikeway projects will be developed along with a project list with the project name, proposed facility type, segment endpoints, and segment length for each recommended improvement. Recommended improvements will include, but are not limited to, locations where Class IV bicycle facilities, separated intersections, or enhanced pedestrian crossings are most appropriate. Drawing on the socio-demographic analysis and the medium-to-long-term measurable objectives developed as part of Task 3, Alta will recommend non-infrastructure programs, identifying responsible implementing departments, agencies, or partner groups. Recommendations will be based on best practices and proven records of effectiveness. Alta is the only active transportation firm with a department dedicated to planning and implementing education and encouragement components of active transportation programs. Alta’s Civic Analytics team has developed tools to streamline prioritization analysis in either GIS or Excel. Based on the types of data available, Alta can use qualitative scoring or percentile-based scores for comparing up to eight different metrics of success for the entire study area. This approach overlays a hexagonal grid on the study area and evaluates need and project impact on a micro level, enabling flexibility in project extents, future assessments, and changing physical conditions. 304 12th Street, Suite 2A Oakland, CA 94607 (510) 540-5008 | altago.com altago.com 4.2 Financial Analysis Planning level cost estimates will be developed for bicycle and pedestrian on- and off-road facilities based on existing industry costs and comparable recent City projects. Cost estimates may include both permanent improvements as well as quick-build options. The Alta team will leverage its knowledge of funding for active transportation projects to develop a relevant list of funding streams for project implementation. We will work with City staff and regional partners to identify available funding sources for further planning, engineering, and construction work. This will help the City identify both priorities and appropriate methods for implementation, including relevant funding sources. The implementation strategy will include consideration of several factors that determine the feasibility of projects. Alta will create an implementation plan that assembles priority projects into “implementation packages” and phases them for either short-term, medium-term, or long-term implementation. TASK 4 DELIVERABLES • Draft and Final Project Recommendations Summary • Programmatic and policy recommendations • Prioritization methodology and related maps • Draft and Final Financial Analysis technical memo • Planning-level cost estimates • Funding source matrix Task 5 - Active Transportation Plan 5.1 – Develop Report Alta will prepare and circulate an administrative draft plan that will consist of content from drafted and approved technical memos and task summaries from previous tasks. Alta will provide at least four (4) weeks for City staff to complete the Administrative Draft Plan review. Following the City’s comments on the Administrative Draft, Alta will develop a public facing Draft Active Transportation Plan Document. The Draft Plan will be an attractive, reader-friendly, graphic-rich document. It is anticipated that the Public Draft Plan will be presented following Phase 2 of public outreach. The Alta team also proposes posting an interactive PDF of the draft plan to the project website for a period of one month. Interactive PDFs allow the public to post comments directly onto the pages of the plan, noting areas of improvement. These comments can then be reviewed by the Alta project team and incorporated into the Final Plan. It is anticipated that Alta will address up to one (1) round of consolidated non- contradictory comments. Alta will revise the draft plan and produce a final plan based on public comments and guidance from City staff. Alta will provide the City a minimum of two (2) weeks to conduct a final plan review to identify remaining ‘fatal flaws’. Alta will revise the Final Plan based on one (1) set of consolidated non-contradictory City comments. 5.2 Council/Commission Presentation The Alta team will develop a presentation for three (3) meetings of the Bicycle Pedestrian Commission and one (1) meeting of the City Council throughout the lifecycle of the plan process. We anticipate the first two Bicycle Pedestrian Commission meetings will occur at major project milestones, while the final Commission meeting and sole City Council meeting will be reserved for seeking Plan approval. We anticipate each meeting to be 2 to 3 hours in length. We anticipate working with the City to serve as a conduit for information sharing and requesting feedback from the Bicycle Pedestrian Commission during the duration of the project. To maximize existing budget and help streamline the 304 12th Street, Suite 2A Oakland, CA 94607 (510) 540-5008 | altago.com altago.com development of the Plan, we propose that these meetings be hosted through a combination of in-person and virtual meetings. TASK 5 DELIVERABLES • Administrative Draft Plan • Public Draft Plan • Final Plan • All project files, supporting technical data, reports and documentation • Compilation of comments received and responses • Presentations to Bicycle Pedestrian Advisory Committee (3) with notes and action items • Presentation to City Council with notes and action items Contingency This contract will hold a reserve of $29,422 as a contingency fund against out-of-scope task. Prior to utilization of contingency funding, the Alta team will submit a scope modification to the City of Cupertino for review and authorization. This scope modification will include identification of out-of-scope requests by the City, corresponding workplan & deliverables, schedule, and fee. Contingency tasks will only be initiated after receiving a formal Notice to Proceed from the City of Cupertino. Schedule Detailed schedule provided on following pages. Budget Detailed budget provided on following pages. Task Budget Task 1. Project Management & Coordination $21,736 Task 2. Public Engagement $58,679 Task 3. Existing Conditions/Data Collection $104,973 Task 4. Project Recommendations $61,046 Task 5. Active Transportation Plan $49,459 Direct Expenses $4,685 Contingency $29,422 TOTAL $330,000 SCHEDULE - Cupertino Active Transportation Plan 1. Project Management and Coordination 1.1 Project Initiation X 1.2 Project Management X X X X X X X X X X X X 2. Public Engagement 2.1 Public Participation Plan 2.2 Public Input Survey 2.3 Public Engagement Activities X X X X X X 3. Existing Conditions/Data Collection 3.1 Plan and Policy Review 3.2 Develop Goals, Objective, and Performance Measures 3.3 Existing Conditions Review 3.4 Needs Assessment 4. Project Recommendations 4.1 Develop Project Recommendations 4.2 Financial Analysis 5. Active Transportation Plan 5.1 Develop Report 5.2 Council/Commission Presentation X X X X LEGEND Task Progress Meeting / Workshop X Deliverable Client review 2026 JanJun Jul Aug SeptDec Jan Feb 2024 2025 Oct Nov DecApr MayMar Exhibit B Cupertino Active Transportation Plan Project Budget Principal in Charge Project Manager Project Manager Technical Advisor Landscape Architect Leader Civic Data Analyst II Civic Data Analyst II Planner I Art Director Graphic Design Studio Lead Web Developer III Technical Editor Project Accountant Alta's Hours Alta Principal Design Speciailst Hours HMH Engineering Samuel Corbett Christopher Kidd George Foster Jeffrey Knowles Brian Burchfield David Wasserman Isabel (Izzy) Youngs Cyrus Chimento Jesus Contreras Michael Anderson Diego Morales- Portillo Ryan A Johnson Katie Atkins Kirsten Clausen Sub Total Jon Cacciotti Alyson Goulden Sub Total 2025 Hourly Rate*$314 $252 $155 $294 $252 $252 $180 $155 $134 $155 $144 $165 $155 $118 $284 $192 1.01 1.02 2.01 2.02 Public Input Survey 2 0 10 0 0 0 0 0 20 0 0 125 0 0 157 $25,451 0 0 0 $0 157 $25,451.30 2.03 3.01 Plan and Policy Review 1 5 5 0 0 0 0 0 24 0 0 0 1 0 36 $5,717 0 0 0 $0 36 $5,716.50 3.02 2 8 2 5 4 5 0 0 18 0 0 0 1 0 45 $9,260 5 12 17 $3,724 62 $12,983.70 3.03 Existing Conditions Review 6 15 4 2 2 16 60 174 24 0 0 0 2 0 305 $52,725 0 0 0 $0 305 $52,725.15 3.04 4.01 Develop Project Recommendations 6 20 15 4 5 10 20 40 60 0 0 0 2 0 182 $32,357 5 10 15 $3,340 197 $35,696.85 4.02 5.01 Develop Report 7 20 16 4 4 0 0 0 50 20 80 0 20 0 221 $36,313 2 5 7 $1,528 228 $37,840.65 5.02 Travel $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $937 $100 $100 $200 $1,137 Printing $2,000 $0 $0 $0 $2,000 Subconsultant 5% Markup $1,485 $1,485 Exhibit C Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts 1 Version: August 2024 Consultant shall procure prior to commencement of Services and maintain for the duration of the contract, at its own cost and expense, the following insurance policies and coverage with companies doing business in California and acceptable to City. INSURANCE POLICIES AND MINIMUMS REQUIRED 1. Commercial General Liability (CGL) for bodily injury, property damage, personal injury liability for premises operations, products and completed operations, contractual liability, and personal and advertising injury with limits no less than $2,000,000 per occurrence (ISO Form CG 00 01). If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO Form CG 25 03 or 25 04) or it shall be twice the required occurrence limit. a. It shall be a requirement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be (i) the minimum coverage/limits specified in this agreement; or (ii) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. b. Additional Insured coverage under Consultant's policy shall be "primary and non-contributory," will not seek contribution from City’s insurance/self-insurance, and shall be at least as broad as ISO Form CG 20 10 (04/13). c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess insurance, provided each policy complies with the requirements set forth in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary basis for the benefit of City before the City’s own insurance or self- insurance shall be called upon to protect City as a named insured. 2. Automobile Liability: ISO CA 00 01 covering any auto (including owned, hired, and non-owned autos) with limits no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers’ Compensation: As required by the State of California, with Statutory Limits and Employer’s Liability Insurance of no less than $1,000,000 per occurrence for bodily injury or disease. Not required. Consultant has provided written verification of no employees. 4. Professional Liability for professional acts, errors and omissions, as appropriate to Consultant’s profession, with limits no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. If written on a claims made form: a. The Retroactive Date must be shown and must be before the Effective Date of the Contract. b. Insurance must be maintained for at least five (5) years after completion of the Services. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Contract Effective Date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the Services. EXHIBIT D Insurance Requirements Design Professionals & Consultants Contracts Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts 2 Version: August 2024 OTHER INSURANCE PROVISIONS The aforementioned insurance shall be endorsed and have all the following conditions and provisions: Additional Insured Status The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers (“Additional Insureds”) are to be covered as additional insureds on Consultant’s CGL and automobile liability policies. General Liability coverage can be provided in the form of an endorsement to Consultant’s insurance (at least as broad as ISO Form CG 20 10 (11/ 85) or both CG 20 10 and CG 20 37 forms, if later editions are used). Primary Coverage Coverage afforded to City/Additional Insureds shall be primary insurance. Any insurance or self-insurance maintained by City, its officers, officials, employees, or volunteers shall be excess of Consultant’s insurance and shall not contribute to it. Notice of Cancellation Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums. Waiver of Subrogation Consultant waives any right to subrogation against City/Additional Insureds for recovery of damages to the extent said losses are covered by the insurance policies required herein. Specifically, the Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Consultant, its employees, agents and subconsultants. This provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Deductibles and Self-Insured Retentions Any deductible or self-insured retention must be declared to and approved by the City. At City’s option, either: the insurer must reduce or eliminate the deductible or self-insured retentions as respects the City/Additional Insureds; or Consultant must show proof of ability to pay losses and costs related investigations, claim administration and defense expenses. The policy shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the insured or the City. Acceptability of Insurers 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 mandatory endorsements (or copies of the policies effecting the coverage required by this Contract), and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements prior to commencement of the Contract. City retains the right to demand verification of compliance at any time during the Contract term. Subconsultants Consultant shall require and verify that all subconsultants maintain insurance that meet the requirements of this Contract, including naming the City as an additional insured on subconsultant’s insurance policies. Higher Insurance Limits If Consultant maintains broader coverage and/or higher limits than the minimums shown above, City shall be entitled to coverage for the higher insurance limits maintained by Consultant. Adequacy of Coverage City reserves the right to modify these insurance requirements/coverage based on the nature of the risk, prior experience, insurer or other special circumstances, with not less than ninety (90) days prior written notice. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2016 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY Willis Towers Watson Insurance Services West, Inc. c/o 26 Century Blvd P.O. Box 305191 Nashville, TN 372305191 USA Alta Planning + Design, Inc. 1200 17th St., Suite 860 Denver, CO 80202 RE: 304.000MK24.243 SEE ATTACHED City of Cupertino 10300 Torre Ave, Cupertino, CA 95014 01/09/2025 1-877-945-7378 1-888-467-2378 certificates@wtwco.com Liberty Mutual Fire Insurance Company 23035 Liberty Insurance Corporation Allied World Surplus Lines Insurance Compa 42404 24319 Indemnity National Insurance Company 18468 RSUI Indemnity Company 22314 W37419711 A 2,000,000 1,000,000 25,000 2,000,000 4,000,000 4,000,000 Y Y TB2-641-446161-054 12/31/2024 12/31/2025 B 2,000,000 12/31/202512/31/2024YYAS7-641-446161-044 WC7-641-446161-064BY 1,000,000No12/31/2024 12/31/2025 1,000,000 1,000,000 C Professional Liab incl Pollution Each Claim Limit0313-8987 12/31/2024 12/31/2025 Policy Aggregate 377530127104169SR ID:BATCH: $5,000,000 $5,000,000 WTW Certificate Center Page 1 of 2 ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE Page of AGENCY CUSTOMER ID: LOC #: AGENCY CARRIER NAIC CODE POLICY NUMBER NAMED INSURED EFFECTIVE DATE: Alta Planning + Design, Inc. 101 SW Main St., Ste 2000 Portland, OR 97204 General Liability Deductible - $100,000 Automobile Liability Deductible - $500,000 Professional - $50,000 The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers is included as an Additional Insured as respects to General Liability Auto Liability and Umbrella Liability. General Liability, Auto Liability and Umbrella Liability policy shall be Primary and Non-contributory with any other insurance in force for or which may be purchased by Additional Insured. Waiver of Subrogation applies in favor of Additional Insureds with respects to General Liability, Auto Liability, Umbrella Liability and Workers Compensation as permitted by law. Waiver of Subrogation is included on the Professional Liability policy including the Pollution Coverage as required by written contract. INSURER AFFORDING COVERAGE: Indemnity National Insurance Company NAIC#: 18468 POLICY NUMBER: XS001814 24 EFF DATE: 12/31/2024 EXP DATE: 12/31/2025 TYPE OF INSURANCE: LIMIT DESCRIPTION: LIMIT AMOUNT: Excess Automobile Liability Each Occurrence $1,500,000 excess $2,000,000 INSURER AFFORDING COVERAGE: RSUI Indemnity Company NAIC#: 22314 POLICY NUMBER: NHA604323 EFF DATE: 12/31/2024 EXP DATE: 12/31/2025 TYPE OF INSURANCE: LIMIT DESCRIPTION: LIMIT AMOUNT: Excess Automobile Liability Each Occurrence $1,500,000 excess $2,000,000 2 2 Willis Towers Watson Insurance Services West, Inc. See Page 1 See Page 1 See Page 1 See Page 1 25 Certificate of Liability Insurance W37152216CERT:3756610BATCH:26998488SR ID: POLICY NUMBER: AS7-641-446161-044 ISSUED BY: Liberty Mutual Fire Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF-INSURED TRUCKERS EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART COMMERCIAL LIABILITY - UMBRELLA COVERAGE FORM SCHEDULE Name of Other Person(s)/ Organization(s): Email Address of mailing address: Number of Days Notice: Per file on Schedule with the Company 30 days A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule above. We will send notice to the email or mailing address listed above at least 10 days, or the number of days listed above, if any, before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. All other terms and conditions of this policy remain unchanged. LIM 99 01 05 11 © 2011 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. AC 84 23 08 11 © 2010, Liberty Mutual Group of Companies. All rights reserved.Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Policy Number: Issued by: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED - NONCONTRIBUTING This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIERS COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage form. Schedule Name of Person(s) or Organizations(s): Regarding Designated Contract or Project: Each person or organization shown in the Schedule of this endorsement is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. The following is added to the Other Insurance Condition: If you have agreed in a written agreement that this policy will be primary and without right of contribution from any insurance in force for an Additional Insured for liability arising out of your operations, and the agreement was executed prior to the "bodily injury" or "property damage", then this insurance will be primary and we will not seek contribution from such insurance. AS7-641-446161-044 Liberty Insurance Corp. Any person or organization you are required to add as an additional insured in a written contract or agreement POLICY NUMBER:COMMERCIAL AUTO CA 04 44 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM SCHEDULE CA 04 44 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 AGAINST OTHERS TO US (WAIVER OF SUBROGATION) Name(s) Of Person(s) Or Organization(s): Information required to complete this Schedule, if not shown above, will be shown in the Declarations. With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. Premium: $ AS7-641-446161-044 Any person or organization required by written contract or agreement, prior to an "occurrence" or offense, to waive your right of recovery, except where such requirement is prohibited by law INCL POLICY NUMBER:COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM SCHEDULE Name Of Person(s) Or Organization(s): Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 COVERED AUTOS LIABILITY COVERAGE BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II - Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I - Covered Autos Coverages of the Auto Dealers Coverage Form. AS7-641-446161-044 Any person or organization you are required to add as an additional insured in a written contract or agreement COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 POLICY NUMBER: TB2-641-446161-054 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1.Your acts or omissions; or 2.The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B.With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1.All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2.That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C.With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. Schedule Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations Any person or organization you are required to name as an Additional Insured in a written contract or agreement All locations as required by written contract or agreement entered into prior to an "occurrence" or offense Information required to complete this Schedule, if not shown above, will be shown in the Declarations. © Insurance Services Office, Inc., 2018 Page of 1 1CG 20 10 12 19 COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 POLICY NUMBER: TB2-641-446161-054 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B.With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. Schedule Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations Any person or organization you are required to name as an Additional Insured in a written contract or agreement All locations as required by written contract or agreement entered into prior to an "occurrence" or offense where the written contract or agreement obligates you to procure completed operations coverage for the Additional Insured Information required to complete this Schedule, if not shown above, will be shown in the Declarations. © Insurance Services Office, Inc., 2018 Page of 1 1CG 20 37 12 19 COMMERCIAL GENERAL LIABILITY CG 20 26 12 19 POLICY NUMBER: TB2-641-446161-05 4 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1.In the performance of your ongoing operations; or 2.In connection with your premises owned by or rented to you. However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B.With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. Schedule Name Of Additional Insured Person(s) Or Organization(s): Any person or organization you are required to add as an additional insured when required in a written contract or agreement Information required to complete this Schedule, if not shown above, will be shown in the Declarations. © Insurance Services Office, Inc., 2018 Page of 1 1CG 20 26 12 19 POLICY NUMBER: TB2-641-446161-054 ISSUED BY: Liberty Mutual Fire Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF-INSURED TRUCKERS EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART COMMERCIAL LIABILITY - UMBRELLA COVERAGE FORM SCHEDULE Name of Other Person(s)/ Organization(s): Email Address of mailing address: Number of Days Notice: Per file on Schedule with the Company 30 days A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule above. We will send notice to the email or mailing address listed above at least 10 days, or the number of days listed above, if any, before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. All other terms and conditions of this policy remain unchanged. LIM 99 01 05 11 © 2011 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Policy Number Issued by Liberty Mutual Fire Insurance Co. TB2-641-446161-054 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE AMENDMENT – SCHEDULED ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART If you are obligated under a written agreement to provide liability insurance on a primary, excess, contingent, or any other basis for any person(s) or organization(s) shown in the Schedule of this endorsement that qualifies as an additional insured on this Policy, this Policy will apply solely on the basis required by such written agreement and Paragraph 4. Other Insurance of Section IV – Conditions will not apply. Where the applicable written agreement does not specify on what basis the liability insurance will apply, the provisions of Paragraph 4. Other Insurance of Section IV – Conditions will apply. However, this insurance is excess over any other insurance available to the additional insured for which it is also covered as an additional insured for the same "occurrence", claim or "suit". Schedule Name of Person(s) or Organization(s): Where required by written contract Page of© 2018 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. 1 1LC 24 20 11 18 COMMERCIAL GENERAL LIABILITYPOLICY NUMBER: CG 24 04 12 19 TB2-641-446161-054 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV – Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s) shown in the Schedule above. Schedule Name Of Person(s) Or Organization(s): Any person or organization required by written contract or agreement, prior to an "occurrence" or offense, to waive your right of recovery, except where such requirement is prohibited by law Information required to complete this Schedule, if not shown above, will be shown in the Declarations. © Insurance Services Office, Inc., 2018 Page of 1 1CG 24 04 12 19 AE 00025 00 (03/21) ENDORSEMENT NO. 5 ADVICE OF CANCELLATION TO ENTITIES OTHER THAN THE NAMED INSURED LIMITED TO E-MAIL NOTIFICATION This Endorsement, effective at 12:01 a.m. on December 31, 2024, forms part of Policy No. 0313-8987 Issued to Trilon Group, LLC Issued by Allied World Surplus Lines Insurance Company In consideration of the premium charged, it is hereby agreed that: In the event that the Company cancels this Policy for any reason other than nonpayment of premium, and 1. the cancellation effective date is prior to this Policy’s expiration date; 2. the First Named Insured is under an existing contractual obligation to notify a certificate holder when this Policy is canceled (hereinafter, the "Certificate Holder(s)"); and has provided to the Company, either directly or through its broker of record, the email address of the contact at such entity; and 3. the Company receives this information after the First Named Insured receives notice of cancellation of this Policy and prior to this Policy's cancellation effective date, via an electronic spreadsheet that is acceptable to the Company; the Company will provide advice of cancellation (the "Advice") via e-mail to such Certificate Holders not later than thirty (30) days before the effective date of cancellation. Proof of the Company emailing the Advice, using the information provided by the First Named Insured, will serve as proof that the Company has fully satisfied its obligations under this Endorsement. This Endorsement does not affect, in any way, coverage provided under this Policy or the cancellation of this Policy or the effective date thereof, nor shall this Endorsement invest any rights in any entity not insured under this Policy. Any failure on the Insurer’s part to deliver the Advice will not impose liability of any kind upon the Insurer or invalidate the cancellation. Any Certificate Holder is not an Insured or a Loss Payee under this Policy. No coverage will be available under this Policy for any Claim brought by or against any Certificate Holder. All other terms, conditions and limitations of this Policy shall remain unchanged. Authorized Representative WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT 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. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Any person or organization you are required to add as an Additional Insured in a written contract or agreement. In the state of Wisconsin, the premium charge is 2.0% of the total manual premium plus EL Increased Limits, subject to a minimum premium of $50 per policy. Issued by: Liberty Insurance Corp. For attachment to Policy No. WC7-641-446161-064 Effective Date 12/31/2024 Premium $ Incl. Issued to: Trilon Group, LLC Name of Other Person(s) /Email Address or mailing address:Number Days Notice: Organization(s): Per Schedule on file with the Company Per Schedule on file with the Company 90 NOTICE OF CANCELLATION TO THIRD PARTIES A.If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule below. We will send notice to the email or mailing address listed below at least 10 days, or the number of days listed below, if any, before cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B.This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. Schedule All other terms and conditions of this policy remain unchanged. Issued by For attachment to Policy No. Effective Date Premium $ Issued to Endorsement No.Trilon Group, LLC Liberty Insurance Corporation 21814 WC7-641-446161-064 WC 99 20 75 Ed. 12/01/2016 Page of© 2016 Liberty Mutual Insurance 1 1 Alta Planning + Design, Inc. Final Audit Report 2026-08-11 Created:2026-08-05 By:Webmaster Admin (webmaster@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAAPoAu-ejDRno1JunY3aQe1n9NqLgfRBva "Alta Planning + Design, Inc." History Document created by Webmaster Admin (webmaster@cupertino.org) 2026-08-05 - 5:27:10 PM GMT- IP address: 35.229.54.2 Document emailed to aracelia@cupertino.org for approval 2026-08-05 - 6:03:30 PM GMT Email viewed by aracelia@cupertino.org 2026-08-05 - 6:03:45 PM GMT- IP address: 54.236.19.193 Signer aracelia@cupertino.org entered name at signing as Araceli Alejandre 2026-08-06 - 0:43:33 AM GMT- IP address: 71.202.76.156 Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2026-08-06 - 0:43:35 AM GMT - Time Source: server- IP address: 71.202.76.156 Document emailed to stevenfrieson@altago.com for signature 2026-08-06 - 0:43:50 AM GMT Email viewed by stevenfrieson@altago.com 2026-08-06 - 2:00:15 PM GMT- IP address: 76.87.33.253 Signer stevenfrieson@altago.com entered name at signing as Steven Frieson 2026-08-06 - 2:01:50 PM GMT- IP address: 76.87.33.253 Document e-signed by Steven Frieson (stevenfrieson@altago.com) Signature Date: 2026-08-06 - 2:01:52 PM GMT - Time Source: server- IP address: 76.87.33.253 - Signature Appearance Selected: DRAW Document emailed to michaelw@cupertino.org for signature 2026-08-06 - 2:02:01 PM GMT Email viewed by michaelw@cupertino.org 2026-08-06 - 2:02:31 PM GMT- IP address: 54.224.101.84 Email viewed by michaelw@cupertino.org 2026-08-11 - 7:02:24 PM GMT- IP address: 34.236.36.53 Signer michaelw@cupertino.org entered name at signing as Michael K Woo 2026-08-11 - 8:51:30 PM GMT- IP address: 64.165.34.3 Document e-signed by Michael K Woo (michaelw@cupertino.org) Signature Date: 2026-08-11 - 8:51:32 PM GMT - Time Source: server- IP address: 64.165.34.3 - Signature Appearance Selected: TYPE Document emailed to Chad Mosley (chadm@cupertino.org) for signature 2026-08-11 - 8:51:39 PM GMT Email viewed by Chad Mosley (chadm@cupertino.org) 2026-08-11 - 8:51:46 PM GMT- IP address: 3.94.96.151 Document e-signed by Chad Mosley (chadm@cupertino.org) Signature Date: 2026-08-11 - 11:33:07 PM GMT - Time Source: server- IP address: 64.165.34.3 - Signature Appearance Selected: IMAGE Document emailed to laurens@cupertino.org for signature 2026-08-11 - 11:33:15 PM GMT Email viewed by laurens@cupertino.org 2026-08-11 - 11:33:25 PM GMT- IP address: 3.94.96.151 Signer laurens@cupertino.org entered name at signing as Lauren Sapudar 2026-08-11 - 11:58:01 PM GMT- IP address: 64.165.34.3 Document e-signed by Lauren Sapudar (laurens@cupertino.org) Signature Date: 2026-08-11 - 11:58:03 PM GMT - Time Source: server- IP address: 64.165.34.3 - Signature Appearance Selected: TYPE Agreement completed. 2026-08-11 - 11:58:03 PM GMT