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25-106 Placeworks_Amendment #1 dated 9-22-25 for CEQA Documentation for Infill Project for the Stevens Creek Office Center Project1 FIRST AMENDMENT TO AGREEMENT 1058 BETWEEN THE CITY OF CUPERTINO AND PLACEWORKS, INC FOR CEQA DOCUMENTATION FOR INFILL PROJECT FOR THE STEVENS CREEK OFFICE CENTER PROJECT This First Amendment to Agreement 1058 is by and between the City of Cupertino, a municipal corporation (hereinafter "City") and Placeworks, Inc., a Corporation (“Contractor”) whose address is 1625 Shattuck Avenue, Suite 300, Berkeley, CA 94709, and is made with reference to the following: RECITALS A. On July 7, 2025, Agreement 1058 (“Agreement”) was entered into by and between City and Contractor for CEQA Documentation for Infill Project for the Stevens Creek Office Center Project. 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 2.1 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. Contractor further agrees to carry out its work in compliance with any applicable local, State, or Federal order regarding COIVD-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 This Agreement begins on the Effective Date and ends on January 31, 2026 (“Contract Time”), unless terminated earlier as provided herein. 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 as Exhibit B-1. 3.3 Time is of the essence for the performance of all the Services. Contractor must have sufficient time, resources, and qualified staff to deliver the Services on time. 2 Exhibit-B of the Agreement is replaced with Exhibit B-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. 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 EXPENDITURE DISTRIBUTION PLACEWORKS, INC By Title Date Item PO Number Amount Base 2025-360 $94,815.00 1st Amendment - $0.00 2nd Amendment $0.00 Total $94,815.00 Principal 08/27/2025 Benjamin Fu Director of Community Development 09/19/2025 Kirsten Squarcia 09/22/2025 SERVICE AUTHORIZATION AMENDMENT NO. 1 PROJECT NO. COCU-35 DATE 8/8/25 PROJECT NAME 20807, 20813, 20823, and 20883 Stevens Creek Boulevard Residential Development AGREEMENT BETWEEN: CLIENT City of Cupertino CONSULTANT PlaceWorks STREET ADDRESS 10300 Torre Avenue STREET ADDRESS 3 MacArthur Place, Suite 1100 CITY STATE AND ZIP Cupertino, CA 95014 CITY STATE AND ZIP Santa Ana, CA 92707 CONTACT Benjamin Fu CONTACT Terri McCracken Hereinafter referred to as “Client.” Hereinafter referred to as “Consultant.” This Amendment No. 1 to an existing agreement for services is made and entered into effective as of the date of signature (“Effective Date”), by and between PlaceWorks (Consultant), a California Corporation, and the City of Cupertino (Client). RECITAL The Consultant desires to amend, modify and revise that certain Agreement (“Existing Agreement”) with the Client, entered into on 7/7/2025 to provide Services, as defined therein, and to now amend the Existing Agreement. Except as specifically amended by this document, all other terms and conditions of the Existing Agreement will remain in full force and effect, without modification. Now, therefore, in consideration of the above facts and of the covenants and agreement contained herein, the parties hereto agree that: A new exemption was signed into law that applies to this project. Thus, the original scope of work to complete a mitigated negative declaration will be replaced. See attached memo for a full description of the revised scope, budget, and schedule. August 8, 2025 | Page 1 Re: Revised Scope of Work for the Infill Residential Project at 20807, 20813, 20823, and 20883 Stevens Creek Boulevard Dear Ms. Condit: This revised scope of work documents the tasks PlaceWorks’ will complete to confirm the applicability of and prepare the Notice of Exemption (NOE) applying the new Public Resources Code (PRC) Section 21080.66 infill exemption for the residential project at 20807, 20813, 20823 and 20883 Stevens Creek Boulevard, herein referred to as the 20883 Stevens Creek Boulevard Infill Residential Project or proposed project, for the City of Cupertino (City). Assembly Bill (AB) 130 was signed into law on June 30, 2025, and codified a new residential infill exemption in PRC Section 21080.66. AB 130 exempts qualifying infill housing development from CEQA review, creating a new statutory exemption. This exemption applies to any required permits, entitlements, or other discretionary approvals for a broad range of housing types, including single- and multi-family homes, mixed- use developments, agricultural employee housing, and transitional and supportive housing. Because the new statutory exemption has different requirements, this scope of work replaces the scope of work for the Mitigated Negative Declaration provided in the contract signed on July 7, 2025. Scope of Work Due to the location and characteristics of the proposed infill housing projects, it is our opinion that the proposed project will likely qualify for a CEQA exemption pursuant to CEQA Guidelines Section 15061(b)(1) (Review for Exemption). This section describes the scope of services to be completed by PlaceWorks to prepare the NOE and substantial evidence for the proposed project demonstrating that the proposed project meets the new required criteria pursuant to PRC Section 21080.66. All CEQA documentation will be prepared in accordance with the requirements of CEQA (California Public Resources Code, Sections 21000 et seq.) and the State CEQA Guidelines (California Code of Regulations, Sections 15000 et seq.). Additionally, due to the required project approval timelines in PRC Section 21080.66, PlaceWorks will prepare and/or provide a third-party peer review of the technical reports that are required to be completed prior to project approval pursuant to Cupertino Municipal Code (CMC) Chapter 17.04, Standard Environmental Protection Requirements, Section 17.04.040, Standard Environmental Protection Technical Report Submittal Requirements, and the City’s January 2025 Transportation Study Guidelines. EXHIBIT A-1 August 8, 2025 | Page 2 Further, though not required under CEQA or CMC Chapter 17.04, since additional third-party peer reviews were included in our original scope, that are required by the City prior issuance of building permits, those have been reorganized as Task 4, Project Review (Prior to Issuance of Building Permits). This scope of work has been prepared to support the expedited review of the project and can be done congruent with the other items provided in Task 2, CEQA Requirements, and Task 3, Project Review (Prior to Project Approval). Only minimal edits have been made to this task when compared to the original scope. Terri McCracken will serve as principal-in-charge (PIC) for the proposed project. She will ensure the project is adequately staffed and provide senior support and quality control. Rachel Goren will serve as the project manager (PM) and day-to-day contact. Our project management team will coordinate regularly with City staff to ensure that all CEQA documentation and associated technical documents are legally defensible, accurate, and useful to decision makers when considering the approval of the project. Project management responsibilities include: 1) task scheduling and assignment; 2) management of resources; 3) internal coordination; 4) monitoring of costs and schedule adherence; and 5) coordination and communications with City staff to ensure compliance with policies, procedures, and any applicable codes. Our project management team will coordinate regularly with City staff to ensure that all CEQA documentation and associated technical documents are legally defensible, accurate, and useful to decision makers when considering the approval of the proposed projects. This scope of work includes up to five virtual check-in meetings with PlaceWorks staff over the course of the project. We assume meetings will take up to one hour. Our project management budget is based on the estimated schedule for the environmental review process. If the project schedule is extended for reasons beyond PlaceWorks’ control, a contract amendment may be required for additional fees for project management, coordination, and communication. During the course of the project, the PlaceWorks team will be mindful of record keeping for the purpose of building the administrative records for the NOEs. Deliverable: »Administrative Record (Excel) PlaceWorks will participate in a kick-off meeting with the City to review the scope of work, available information, schedule, and work products. This scope of work assumes this meeting will be conducted as a virtual meeting (e.g., Zoom or Teams). This scope of work assumes that both projects will be discussed at a single, combined kick-off meeting. August 8, 2025 | Page 3 Following the kick-off meeting, PlaceWorks will prepare a brief project description of the proposed project for City review and approval. The revised project description addressing City comments will be included as part of the Administrative Draft NOEs prepared under Task 2.2, Notice of Exemption Document. Deliverable: »Draft Project Description (Word) No technical studies are required as part of the exemption document pursuant to PRC Section 21080.66; however, the preparation of a Phase I Environmental Site Assessment (ESA) is required as a project condition of approval. Furthermore, PRC Section 21080.66 requires an expedited tribal notification and, if requested by the tribe, consultation process. PlaceWorks has already conducted a preliminary review to confirm that the proposed project generally meets the requirements of PRC Section 21080.66. Using our custom checklist, we will confirm and document the supporting substantial evidence that the requirements are met. Specifically, we will document the requirements related to urban infill, environmental criteria, historic resources, use restrictions, tribal consultation, environmental site assessments, and proximity to freeways. The evaluation will be based on available literature, including, but not limited to, the Cupertino General Plan and Zoning Ordinance, National Wetlands Inventory, Farmland Monitoring and Mapping Program, Fire Hazard Severity Zone Mapping, California Earthquake Hazards Zone Application, Federal Insurance Rate Maps, California Natural Diversity Database, and government databases for hazardous materials. Based on PlaceWorks’ familiarity with the project site and preliminary review of the proposed projects, we believe that the projects would qualify for an exemption pursuant to CEQA Guidelines Section 15061(b)(1) (Review for Exemption). However, if it is determined that potential impacts from construction or operation of the proposed project would require changes to the project or mitigation measures to reduce impacts to a less-than-significant level, or that a different type of environmental review is required, PlaceWorks would work with City staff to discuss next steps and modify the scope of work, budget, and schedule as appropriate. This task assumes that the environmental analyses conducted under Task 2.1, Environmental Evaluation, will confirm that the preparation of an NOE under PRC Section 21080.66 is appropriate for the proposed project. August 8, 2025 | Page 4 As required by CEQA Guidelines Section 15061(b)(1), PlaceWorks will prepare a concise NOE document that demonstrates how the proposed project meets the requirements of PRC Section 21080.66. Following two rounds of review and comment by City staff, PlaceWorks will prepare a Final NOE document. PlaceWorks assumes that a minimal level of effort, not exceeding four hours, would be required to respond to any comments from the City on the Screencheck Draft NOE document. PlaceWorks will also prepare an NOE form. The NOE document will serve as an attachment to the NOE form. Deliverables: »Administrative Draft NOE document (Word) »Screencheck Draft NOE document (Word) »Final NOE (Word and PDF) »NOE form Following the approval of the proposed project and the NOE, PlaceWorks will file the NOE with the State Clearinghouse. Our scope of work assumes PlaceWorks will assist the City with preparing any noticing materials and that City staff will be responsible for overseeing the filing of the NOE with the County Clerk. Our budget does not include payment of any filing fees. PlaceWorks will ensure all documents meet the California accessibility requirements for posting on the City’s website, to the State Clearinghouse, and with the County Clerk. PlaceWorks will submit the NOE to the State Clearinghouse. Deliverable: »State Clearinghouse submittal PRC Section 21080.66 requires an expedited tribal notification and, if requested by the tribe, consultation process. PlaceWorks will support the City in contacting the Native American Heritage Commission (NAHC) to obtain a list of California Native American tribes that are traditionally and culturally affiliated with the project site. PlaceWorks will then support the City in drafting letters to provide formal notification to each of those tribes. The letter will serve as an invitation to consult on the proposed project. This scope assumes that the City and applicant will conduct any tribal consultation requested as a result of the formal notification. Deliverables: »Draft and Final Tribal Notification Letter (Word and PDF) August 8, 2025 | Page 5 Under this task, PlaceWorks will prepare and/or provide a third-party peer review of the technical reports that are required to be completed prior to project approval pursuant to CMC Chapter 17.04 and the City’s Transportation Study Guidelines. Pursuant to CMC Section 17.04.040(B), Hazardous Materials, because the proposed project involves new development that will be occupied or used by sensitive receptors and net new residential units (not including a Junior Accessory Dwelling unit or Accessory Dwelling unit), the project is required to prepare a Phase I Environmental Site Assessment (ESA) and potentially a Phase II ESA, depending on the results of the Phase I ESA, prior to the approval. Because the City already requires a Phase I ESA prior to approval, the project will satisfy the requirements of PRC Section 21080.66, which requires the preparation of a Phase I ESA as a condition of approval. The Phase I ESA was completed by Langan on September 18, 2014 and peer reviewed by Dr. Cathleen Fitzgerald, PE, Senior Engineer on October 11, 2024. No additional work is required for the project applicant to meet this requirement. Pursuant to CMC Section 17.04.040(C), Vehicle Miles Traveled Technical Report Requirements, the project applicant is required to prepare a vehicle miles traveled (VMT) analysis, which shall include a comparison of existing VMT and project-generated VMT, for review and approval prior to project approval, indicating that the project meets the standards in Section 17.08.040 (Vehicle Miles Traveled (VMT) Standards). Pursuant to the City’s Transportation Study Guidelines, the level and type of study required is based on the number of estimated trips generated by the development. A Tier 1 project requires a simple Local Transportation Analysis. The Stevens Creek Boulevard Residential Development Traffic Study was prepared by Kimley Horn and Associates in September 2024. This report will be reviewed by Hexagon Transportation Consultants to ensure that conclusions are adequately substantiated. The findings will be summarized in a memorandum. Our level of review does not involve technical modeling to replicate results; however, we can do so if requested by the City for additional cost. This scope of work assumes one round of peer review and comments, and one review to confirm any requested changes, if any, have been adequately addressed. Deliverables: »Draft and Final Transportation Study Peer Review Memoranda (PDF) Pursuant to CMC Section 17.04.040(D), Vibration Technical Report Requirements, a project applicant is required to prepare provide a vibration study to the City to determine vibration levels due to construction, prior to approval of the project, when the following activities would occur within the screening distance to buildings or structures: pile driving within 100 feet, vibratory roller within 25 feet, or other heavy August 8, 2025 | Page 6 equipment (e.g., bulldozer) within 15 feet; and for historical structures: pile driving within 135 feet, vibratory roller within 40 feet, or other heavy equipment within 20 feet. PlaceWorks will prepare a vibration analysis to support the City in relation to the proposed project, which was not included in the original scope. The technical study will discuss relevant standards and criteria for vibration exposure, including those in the City of Cupertino General Plan Noise Element and CMC Title 17. The results of this analysis will be summarized in a technical study for the proposed project. PlaceWorks will take into consideration the location of existing vibration-sensitive receivers in the project vicinities in relation to each project’s construction disturbance area. PlaceWorks will provide a quantitative analysis for potential construction vibration associated with implementation of the proposed projects. Vibration effects from construction activities will be estimated based on available construction information provided by the City and project applicant, and the results will be discussed in terms of accepted local noise standards, CMC Title 17 requirements, and the Federal Transit Administration guidance manual for vibration impacts. Deliverables: »Draft and final Vibration Reports (PDF) PlaceWorks and our team of qualified consultants are already under contract to provide third-party technical peer reviews of additional technical studies submitted to the City on behalf of the project applicant. These reviews are not required under CEQA or CMC Chapter 17.04, though are required by the City prior to issuance of building permits and can be completed congruently with the other project reviews to further expedite the project and ensure it complies with City requirements. Should the City request them, PlaceWorks, along with Alan Kropp & Associates, Forget Me Not History, and ECORP, will conduct third-party technical peer reviews of the following technical studies submitted to the City on behalf of the project applicant: Air Quality and Greenhouse Gas Technical Report Stevens Creek Boulevard Residential Project prepared by ICF in September 2024. Geotechnical Exploration Report prepared by ENGEO in September 2024 Environmental Noise Study prepared by Salter in September 2024 Cultural Resource Report (pending) Biological Resources Report (pending) Each technical report will be reviewed to determine the adequacy of the studies for CEQA purposes, and the report format and findings will be compared to the applicable standards of each topic. Our review will ensure that conclusions are adequately substantiated. PlaceWorks will summarize the findings of the third- party technical review in a memorandum. Our level of review does not involve technical modeling to replicate results; however, we can do so if requested by the City for additional cost. This scope of work August 8, 2025 | Page 7 assumes one round of peer review and comments, and one review to confirm any requested changes, if any, have been adequately addressed. Additional fees may be requested if additional reviews are required. Our scope also includes up to two calls with the City and project applicant, if requested by the City, to go over the results of the peer reviews. Deliverables: »Memorandum summarizing the findings of the third-party technical evaluation in PDF format. »Memorandum verifying all requested changes, if any, have been adequately addressed. Proposed Schedule Our proposed schedule includes two-week review periods for the City at each administrative draft submittal and one week for revised drafts. The project schedule assumes the maximum tribal outreach and consultation periods but does not include the 15-day consultation extension allowed if a Tribe should request this. Applying these assumptions, as shown on Figure 1, Schedule, we anticipate that the NOEs can be completed between four to five months, depending on whether tribal consultation is requested. Assumptions This revised scope of work includes the following assumptions: Our cost estimate includes participation in a virtual project kick-off meeting. Our scope of work does not include attendance at any public hearings. Additional meetings or in-person attendance would be billed on a time-and-materials basis. All products will be submitted as electronic files in Word, Excel, and/or PDF. Any printing costs, if requested, will be billed at PlaceWorks’ actual cost. Pursuant to our correspondence, PlaceWorks will complete this revised scope of work within the approved budget. See Table 1, Cost Estimate. August 8, 2025 | Page 8 Figure 1. Schedule Month 8/1 8/8 8/15 8/22 8/29 9/5 9/12 9/19 9/26 10/3 10/10 10/17 10/24 10/31 11/7 11/14 11/21 11/28 12/5 12/12 12/19 12/26 1/2 1/9 1/16 1/23 Owner City Tribal Outreach and Consultation Options * (Task 2.4) City/PlaceWorks 8/1 8/15 8/15 10/14 City 10/14 10/28 City 10/28 12/11 City 12/11 1/9 -- or -- City 10/14 11/12 Task 1. Project Initiation and Management PlaceWorks/City PlaceWorks/City PlaceWorks/City Task 2. CEQA Review PlaceWorks/City PlaceWorks/City PlaceWorks/City 11/12 PlaceWorks/City 1/9 3.1 Vehicle Miles Traveled and Transportation Study Requirements PlaceWorks/City 3.2 Vibration Report PlaceWorks/City Task 4. Project Review (Prior to Issuance of Building Permits) PlaceWorks/City Meeting Days/Time/Location City City Tribal Consultation PlaceWorks PlaceWorks Team Meetings and Hearings Task 3. Project Review (Prior to Project Approval) Additional Third-Party Peer Reviews (AQ/GHG, GEO, NOISE, CUL, BIO) Key: * Because the consultation process is unknown, these timelines represent the time if consultation is requested and the minimal time if no consultation is requested. For example, the timeline may be reduced if no Tribe requests consultation, or if consultation is requested before the 60-day period is over. The timeline may also be extended by 15 days if a Tribe requests an extension. Further, if the applicant and City are in agreement, the timeline may be extended. Planning Commission: 2nd and 4th Tuesday at 6:45 p.m. (Virtual or Community Hall Council Chamber) City Council: 1st and 3rd Tuesday at 6:45 p.m. (Virtual or Community Hall Council Chamber) 2.3 Filing the NOE (30 days after Tribal Consultation Ends) Tribal Response Time to Request or Decline Consultation (60 days) If requested, City has 14-days to initiate Consultation Tribal Consultation Time (45 days) If consultation, 30 days for project approval If no consultation, 30 days for project approval 1.1. Project Management and Meetings 1.2. Kick-Off Meeting (virtual) 1.3. Project Description 2.1 Environmental Analysis 2.2 Notice of Exemption (three drafts) 2.3 Filing the NOE (30 days after Tribal Notification Ends, with no consultation) December January Date Task Issue Notice to Proceed (Application Deemed Complete) Notify Tribes (14 days) 20883 Stevens Creek Boulevard Residential Development Project August September October November EXHIBIT B-1 August 8, 2025 | Page 9 Table 1. Cost Estimate McCracken Goren Shields Ruiz Hexagon Alan Kropp & Associates Forget Me Not History ECORP Role:PIC PM Noise Planner Hourly Rate:$275 $160 $255 $135 $145 $160 $140 TASK 1. Project Initation and Management 1.1 Project Management and Meetings 18 32 50 $10,070 0 0 0 0 $0 $0 $10,070 1.2 Kick-off Meeting 4 6 10 $2,060 0 0 0 0 $0 $0 $2,060 1.3 Project Description 4 8 2 1 1 16 $2,970 0 0 0 0 $0 $0 $2,970 Task 1. Subtotal 26 46 0 0 2 1 1 76 $15,100 $0 $0 $0 $0 $0 $0 $15,100 TASK 2.CEQA Review 2.1 Environmental Evaluation 6 20 26 $4,850 $0 $0 $0 $0 $0 $0 $4,850 2.2 Notice of Exemption Document 4 8 4 4 8 4 32 $5,820 0 0 0 0 $0 $0 $5,820 2.3 Filing the NOE 2 4 6 $1,190 0 0 0 0 $0 $0 $1,190 2.4 Tribal Notification 4 12 16 $3,020 0 0 0 0 $0 $0 $3,020 Task 2. Subtotal 16 44 4 0 4 8 4 80 $14,880 $0 $0 $0 $0 $0 $0 $14,880 TASK 3. Project Review (Prior to Project Approval) 3.1 VMT and Transportation Study Requirements 2 4 6 $1,190 $10,000 0 0 0 $1,000 $11,000 $12,190 3.2 Vibration Report 4 8 12 24 48 $8,680 0 0 0 0 $0 $0 $8,680 Task 3. Subtotal 6 12 12 24 0 0 0 54 $9,870 $10,000 $0 $0 $0 $1,000 $11,000 $20,870 TASK 4. Project Review (Prioir to Issuance of Building Permits) 4.1 Peer Reviews 12 20 16 48 $10,580 $0 $5,000 $4,000 $3,750 $1,275 $14,025 $24,605 Task 4. Subtotal 12 20 16 0 0 0 0 48 $10,580 $0 $5,000 $4,000 $3,750 $1,275 $14,025 $24,605 Labor Hours Total 60 122 32 24 6 9 5 258 Labor Dollars Total $16,500 $19,520 $8,160 $3,240 $870 $1,440 $700 258 $50,430 $10,000 $5,000 $4,000 $3,750 $25,025 $75,455 PlaceWorks Percent of Total Labor 23.3% 47.3% 12.4% 9.3% 2.3% 3.5% 1.9%100.0% REIMBURSABLE EXPENSES PlaceWorks Reimbursable Expenses $241 EXPENSES TOTAL $241 Contingency $19,119 TOTAL $75,696 GRAND TOTAL WITH CONTINGENCY $94,815 Editing WP/Cleric al PLACEWORKS SUBCONSULTANT TOTAL Graphic s TOTAL TASK BUDGET Place- Works Hours PLACE- WORKS TOTAL SUBCONSULTANTS Transportation Geology Historic Resources Biological & Arborist Services 10% Subconsultant Markup August 8, 2025 | Page 10 This page is intentionally left blank. 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 $ none $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 B 2,000,000 1000068067251 5,000,000 LOS-002212059-33 1,000,000 4,000,000 X 25674 4,000,000 Irvine, CA 92614 N X Comp/Coll Deductibles BI & PD Ded. $5,000 07/01/2025 5 07/01/2026 07/15/2025 07/01/2026 BA-1N96406A-25-43-G B 2,000,000 1,000,000 Travelers Property Casualty Co. Of America 1,000,000 X C X Liability. Waiver of subrogation is applicable where required by written contract with respect to General and Auto Liability. 1,000 X 07/11/2025 07/15/2025 5,000,000 Re: IS/MND Cupertino CA The City of Cupertino, its city council, boards and commissioners, officers, employees, and volunteers are included as additional insured where required by written contract with respect to General and Auto Liability. See Acord 101 X Contractors Pollution Cupertino, CA 95014 City of Cupertino This insurance is primary and non-contributory over any existing insurance and limited to liability arising out of the operations of the named insured and where required by written contract with respect to General X A Falcon Insurance Group CN115158923-01-01-25-26 Each Claim/Aggregate 5,000 07/01/2026 1,000,000 EX-6J328756-25-43 1,000,000 13604 50,000 1,000,000 07/01/2026 UB-7K728676-25-43-G 17901 Von Karman Avenue, Suite 1100 Marsh Risk & Insurance Services X (949) 399-5800; License #0437153 Attn: NewportBeach.CertRequest@marsh.com/F: 212-948-4323 3 MacArthur Place, Suite 1100 PlaceWorks, Inc Santa Ana, CA 92707 FRS-H-P-PL-00013383-01 07/01/2025 10300 Toree Ave. Y Y 07/01/2025 B Y 07/01/2026 Starr Surplus Lines Insurance Company Y Errors & Omissions-Claims Made Ded. $50,000.00 Retro Dates: See 2nd Page 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: 22 Irvine When required by written contract, the insurer will provide 30 days’ notice of cancellation to the certificate holder as respects to Auto Liability and Workers Compensation policies for any reason other than non- payment of premium, subject to policy terms and conditions. Certificate of Liability Insurance CN115158923 Marsh Risk & Insurance Services 3 MacArthur Place, Suite 1100 PlaceWorks, Inc Santa Ana, CA 92707 25 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE -This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A.BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE -LOSS OF B.BLANKET ADDITIONAL INSURED USE -INCREASED LIMIT C EMPLOYEE HIRED AUTO I.PHYSICAL DAMAGE -TRANSPORTATION• EXPENSES -INCREASED LIMITD.EMPLOYEES AS INSURED E.SUPPLEMENTARY PAYMENTS -INCREASED LIMITS F.HIRED AUTO -LIMITED WORLDWIDE COV- ERAGE -INDEMNITY BASIS G.WAIVER OF DEDUCTIBLE -GLASS PROVIS IONS A.BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II -COVERED AUTOS LIABILITY COVERAGE: Any organization you newly acquire or form dur ing the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only un til the 180th day after you acquire or form the or ganization or the end of the policy period, which ever is earlier. B.BLANKET ADDITIONAL INSURED The following is added to Paragraph c. in A. 1 ., Who Is An Insured, of SECTION II -COVERED AUTOS LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi tional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which J.PERSONAL PROPERTY K.AIRBAGS L.NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M.BLANKET WAIVER OF SUBROGATION N.UNINTENTIONAL ERRORS OR OMISSIONS this insurance applies and only to the extent that person or organization qualifies as an "insured'' under the Who ls An Insured provision contained in Section II. C.EMPLOYEE HIRED AUTO 1.The following is added to Paragraph A. 1 .. Who Is An Insured, of SECTION II -COV ERED AUTOS LIABILITY COVERAGE: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name with your permission, while performing duties related to the conduct of your busi ness. 2.The following replaces Paragraph b. in S.S., Other Insurance, of SECTION IV -BUSI NESS AUTO CONDITIONS: b.For Hired Auto Physical Damage Cover age, the following are deemed to be cov ered "autos" you own: (1)Any covered "auto" you lease, hire, rent or borrow; and (2)Any covered "auto" hired or rented by your "employee" under a contract in an "employee's" name. with your CA T3 53 0215 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Policy Number: BA-1N96406A-24-43-GEffective Date: 07/01/2025 POLICY NUMBER: BA-1N96406A-25-43-G COMMERCIAL AUTO ISSUE DATE: 07-12-25 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE -PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE OF AD DITIONAL INSURED PERSONS OR ORGANIZATIONS PROVISIONS 1.The following is added to Paragraph c. in A. 1 ., Who Is An Insured, of SECTION II -COVERED AUTOS LIABILITY COVERAGE: This includes any person or organization designated in the Schedule Of Additional Insured Persons Or Organizations who you are required under a written contract or agreement between you and that person or organization, that is signed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to name as an additional insured for Covered Autos Liability Coverage, but only for damages to which this insurance applies and only to the extent of that designated person's or organization's liability for the conduct of another "insured". 2.The following is added to Paragraph 5., Other Insurance, in B., General Conditions, of SECTION IV -BUSINESS AUTO CONDITIONS: Regardless of the provisions of paragraph a. and paragraph d. of this part 5. other Insurance, this insurance is primary to and non-contributory with applicable other insurance under which the person or organization designated in the Schedule Of Additional Insured Persons Or Organizations is the first named insured when the written contract or agreement between you and that designated person or organization, that is signed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, requires this insurance to be primary and non-contributory. CA T4 42 0216 © 2016 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. ENERGY & ENVIRONMENTAL LIABILITY SSEE-0237 02 24 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED, PRIMARY AND NONCONTRIBUTORY AND WAIVER OF SUBROGATION AMENDATORY ENDORSEMENT Policy Number: FRS-H-P-PL-00013383-01 Named Insured: Placeworks, Inc. Effective Date: 07/15/2025 at 12:01 A.M. This endorsement modifies the insurance coverage form(s) listed below that have been purchased by you and evidenced as such on the Declarations page. Please read the endorsement and respective policy(ies) carefully. CONTRACTORS' POLLUTION LIABILITY COVERAGE FORM PROFESSIONAL LIABILITY COVERAGE FORM SITE POLLUTION LIABILITY COVERAGE FORM SCHEDULE I Where Required By Wntten Contraci It is hereby agreed as follows: 1.SECTION II -WHO IS AN INSURED is amended to include the following: a.Any person(s) or organization(s) that you are required to include as an additional insured under this policyby written contract or written agreement or that is listed in the SCHEDULE above is an additional insuredunder this policy. Such additional insured status applies only with respect to liability arising out of "yourwork" for or on behalf of that person(s) or organization(s) pursuant to such written contract or writtenagreement. However, the insurance afforded to such additional insured(s): (1)only applies to the extent permitted by law; and (2)will not be broader than that which you are required by the written contract or written agreement toprovide for such additional insured(s). b.With respect to the insurance afforded to the additional insured(s), SECTION Ill -LIMITS OF INSURANCEis amended to include the following: The most we will pay on behalf of the additional insured(s) 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. SSEE-0237 02 24 Copyright© Starr Surplus Lines Insurance Company. All rights reserved. Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc., used with its permission. Policy No. 10006 806725 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITED NOTICE OF CANCELLATION ENDORSEMENT This endorsement modifies insurance provided under the following: 00 .. ERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABIUIY COVERAGE PART In consideration of the premium charged and solely with respect to the coverage parts shown above1 it is hereby agreed that the Cammon Provisions, Section VI -Cammon Conditions is amended by the addition of the following: Limited Nalice or Cancellation In the event that we cancel ttis Policy for any reason other� non-payment of premilSII and; a. The effedive date of cancellation is prior to 1he expiration dale of ttis Policy; and b.You are under an existing written conlraclual obligation to notify a certificate holder when ttis Policy is canceled and have provided to us1 either direclly or 1hrough your broker of record, the email address of a contact at each such certificate holder; and c.We received this information after you received nofioe of cancellation of this Policy and prior to the effective date of cancellation, via an electronic spreadsheet that is acceptable to usl We will provide notice of cancellation via email to each such certificate holder within thirty (30) days of your providing such information to us. Prod c:A our emaiHng the notice of cancellation, using the information provided by )1)111 will serve as evidence that we have satisfied our obligations under Dis condition. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. EN01650117 Page 1 of 1 Policy No. FRS-H-P-PL-00013383-01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITED NOTICE OF CANCELLATION ENDORSEMENT This endorsement modifies insurance provided under the following: ERRORS AND OMISSIONS LIABILITY COVERAGE PART In consideration of the premium charged and solely with respect to the coverage parts shown above1 it is hereby agreed that the Cammon Provisions, Section VI -Cammon Conditions is amended by the addition of the following: Limited Nalice or Cancellation In the event that we cancel ttis Policy for any reason other� non-payment of premilSII and; a. The effedive date of cancellation is prior to 1he expiration dale of ttis Policy; and b.You are under an existing written conlraclual obligation to notify a certificate holder when ttis Policy is canceled and have provided to us1 either direclly or 1hrough your broker of record, the email address of a contact at each such certificate holder; and c.We received this information after you received nofioe of cancellation of this Policy and prior to the effective date of cancellation, via an electronic spreadsheet that is acceptable to usl We will provide notice of cancellation via email to each such certificate holder within thirty (30) days of your providing such information to us. Prod c:A our emaiHng the notice of cancellation, using the information provided by )1)111 will serve as evidence that we have satisfied our obligations under Dis condition. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. EN01650117 Page 1 of 1 � TRAVELERSJ ONE TOWER SQUARE HARTFORD CT 06183 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 00 03 13 (00) • 003 POLICY NUMBER: UB-7K728676-25-43-G 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 any one not named in the Schedule. SCHEDULE DESIGNATED PERSON: DESIGNATED ORGANIZATION: ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. DATE OF ISSUE: 07-14-25 ST ASSIGN: PAGE 1 OFl POLICY NUMBER: BA-1N96406A-25-43-G ISSUE DATE: 08-13-25 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED PERSON OR ORGANIZATION-NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY CANCELLATION: PERSON OR ORGANIZATION: CITY OF CUPERTINO ADDRESS: PROVISIONS 10300 TORRE AVENUE CUPERTINO CA 95014 SCHEDULE Number of Days Notice: 30 If we cancel this policy for any legally permitted reason other than nonpayment of premium, and a number of days is shown for Cancellation in the Schedule above, we will mail notice of cancellation to the person or organization shown in such Schedule. We will mail such notice to the address shown in the Schedule above at least the number of days shown for Cancellation in such Schedule before the effective date of cancellation. IL T4 05 0519 © 2019 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 � TRAVELERSJ ONE TOWER SQUARE HARTFORD CT 06183 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 06 RJ (00) • 006 POLICY NUMBER: UB-7K728676-25-43-G NOTICE OF CANCELLATION TO DESIGNATED PERSONS OR ORGANIZATIONS The following is added to PART SIX -CONDITIONS: Notice Of Cancellation To Designated Persons Or Organizations If we cancel this policy for any reason other than non-payment of premium by you, we will provide notice of such cancellation to each person or organization designated in the Schedule below. We will mail or deliver such notice to each person or organization at its listed address at least the number of days shown for that person or organiza tion before the cancellation is to take effect. You are responsible for providing us with the information necessary to accurately complete the Schedule below. If we cannot mail or deliver a notice of cancellation to a designated person or organization because the name or address of such designated person or organization provided to us is not accurate or complete, we have no responsibility to mail, deliver or otherwise notify such designated person or organization of the cancellation. SCHEDULE Name and Address of Designated Persons or Organizations: CITY OF CUPERTINO 10300 TORRE AVENUE CUPERTINO. CA 95014 All other terms and conditions of this policy remain unchanged. Number of Days Notice 30 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Insured Policy No. Endorsement No. Premium$ Insurance Company Page 1 of 1 DATE OF ISSUE: 08-13-25 ST ASSIGN: © 2013 The Travelers Indemnity Company. All rights reserved. Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts 1 Version: May 2025 Consultant shall procure prior to commencement of Services and maintain for the duration of the contract, at its own cost and expense, the following insurance policies and coverage with companies doing business in California and acceptable to City. INSURANCE POLICIES AND MINIMUMS REQUIRED 1. Commercial General Liability (CGL) with coverage at least as broad as Insurance Services Office (ISO) Form CG 00 01, with limits no less than $2,000,000 per occurrence and $2,000,000 general aggregate. The policy shall include a per project or per location general aggregate endorsement as broad as CG 25 03 or CG 24 04. If a per project/location endorsement is not available, the limit of the general aggregate shall be doubled. a. It shall be a requirement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be (i) the minimum coverage/limits specified in this agreement; or (ii) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. b. Additional Insured coverage under Consultant's policy shall allow and be endorsed "primary and non-contributory," will not seek contribution from City’s insurance/self-insurance, and shall be at least as broad as the most recent edition of ISO Form CG 20 01. c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess liability insurance, provided each policy follows form of the underlying policy and complies with the requirements set forth in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary basis for the benefit of City. The City’s own insurance or self-insurance shall not be called upon. 2. Automobile Liability: Coverage shall be provided using ISO CA 00 01 covering any auto (including owned, hired, and non-owned autos) with limits no less than $1,000,000 each accident for bodily injury and property damage. Not required. Consultant shall be fully remote and not use automobiles to provide the service. In the event Consultant uses an automobile or automobiles in the operation of its business to provide services under this Agreement, the Consultant shall, prior to such use, provide the City with evidence of Business Automobile Liability insurance coverage in the amount required under this Section 2 for owned, non-owned and hired autos (any auto-Symbol 1), or if Consultant does not own autos (hired autos-Symbol 8 and non-owned autos-Symbol 9). Evidence shall be provided with a Certificate of Insurance, along with an additional insured endorsement in favor of the City, primary and non- contributory coverage and endorsement, and waiver of subrogation coverage and endorsement under the policy prior to the use of any automobile. Consultant has provided written confirmation that it does not own any autos. Consultant shall provide coverage for hired autos-Symbol 8 and non-owned autos-Symbol 9. Primary and Non-Contributory coverage and Waiver of Subrogation coverage is waived under the Automobile Liability hired and non-owned only coverage. In the event Consultant uses an owned automobile or automobiles in the operation of its business to provide services under this Agreement, the Consultant shall, prior to such use, provide the City with evidence of Business Automobile Liability insurance coverage in the amount required under this Section 2 for owned, non-owned and hired autos (any auto-Symbol 1). EXHIBIT D Insurance Requirements Design Professionals & Consultants Contracts Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts 2 Version: May 2025 In lieu of Business Automobile Liability, Consultant shall maintain throughout the term of this Agreement and provide the City with evidence (including the policy Declarations Page) of personal automobile insurance coverage in accordance with the laws of the State of California. As available under the policy, evidence shall be provided with the Certificate of Insurance, along with an additional insured endorsement in favor of the City, primary and non-contributory coverage and endorsement, and waiver of subrogation coverage and endorsement. City approval of coverage is required prior to commencement of services. 3. Workers’ Compensation: As required by the State of California, with Statutory Limits and Employer’s Liability Insurance of no less than $1,000,000 each accident/ disease. Not required. Consultant has provided written verification of no employees. 4. Professional Liability for professional acts, errors and omissions, if applicable and as appropriate to Consultant’s profession, with limits no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. If written on a claims-made basis form: a. The Retroactive Date must be shown and must be before the Effective Date of the Contract. b. Insurance must be maintained for at least five (5) years after completion of the Services. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Contract Effective Date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the Services. OTHER INSURANCE PROVISIONS The aforementioned insurance policies shall contain, be endorsed and have all the following conditions and provisions: Additional Insured Status The City of Cupertino, its City Council, officers, officials, employees, agents, and volunteers (“Additional Insureds”) are to be covered and endorsed as additional insureds on Consultant’s CGL and automobile liability policies. General Liability coverage 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 if not available, through the addition of both CG 20 10 and CG 20 37 forms, if later editions are used). Primary and Non-Contributory Coverage Except Workers Compensation, coverage afforded to City/Additional Insureds shall allow and be endorsed primary insurance. Any insurance or self-insurance maintained by City, its officers, officials, employees, or volunteers shall be excess of Consultant’s insurance and shall not contribute to it. Notice of Cancellation Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums. If a carrier will not provide the required notice of cancellation or policy modification, the Consultant shall provide written notice to the City of a cancellation or policy modification no later than 30 days in advance or 10 days in advance if due to non-payment of premiums. Waiver of Subrogation Consultant waives any right to subrogation against City/Additional Insureds for recovery of damages to the extent said losses are covered by the insurance policies required herein. Specifically, the General Liability, Automobile Liability and Workers’ Compensation policies shall allow and be endorsed with a waiver of subrogation in favor of City, its employees, agents and volunteers. This provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts 3 Version: May 2025 Deductibles and Self-Insured Retentions Any deductible or self-insured retention must be declared to and approved by the City (Insert on the Certificate of Insurance, if zero, insert “$0”). At City’s option, either: the insurer must reduce or eliminate the deductible or self-insured retentions as respects the City/Additional Insureds; or Consultant must show proof of ability to pay losses and costs related investigations, claim administration and defense expenses. The policy shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the insured or the City. Acceptability of Insurers Insurance shall be placed with insurers admitted in the State of California and with an AM Best rating of A- VII or higher. Verification of Coverage Consultant must furnish acceptable insurance certificates and amendatory endorsements (or copies of the policies effecting the coverage required by this Contract), including a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements prior to commencement of the Contract. City retains the right to demand verification of compliance at any time during the Contract term. Subconsultants Consultant shall require and verify that all subconsultants maintain insurance that meet the requirements of this Contract, including indemnification, defense, and naming the City as an additional insured on subconsultant’s insurance policies. Higher Insurance Limits If Consultant maintains broader coverage and/or higher limits than the minimums shown above, City shall be entitled to coverage for the higher insurance limits maintained by Consultant. Adequacy of Coverage City reserves the right to modify these insurance requirements/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. CEQA Documentation for Infill Project for the Stevens Creek Office Center Project Final Audit Report 2025-09-22 Created:2025-08-27 By:Webmaster Admin (webmaster@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAACFLChbJps9o7hI1-FRdoINY0BpIDfa6E "CEQA Documentation for Infill Project for the Stevens Creek Off ice Center Project" History Document created by Webmaster Admin (webmaster@cupertino.org) 2025-08-27 - 9:23:42 PM GMT- IP address: 35.229.54.2 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2025-08-27 - 9:28:07 PM GMT Email viewed by Araceli Alejandre (aracelia@cupertino.org) 2025-08-27 - 9:28:19 PM GMT- IP address: 54.158.237.69 Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2025-08-27 - 10:06:36 PM GMT - Time Source: server- IP address: 71.202.76.156 Document emailed to Terri McCracken (tmccracken@placeworks.com) for signature 2025-08-27 - 10:06:39 PM GMT Email viewed by Terri McCracken (tmccracken@placeworks.com) 2025-08-27 - 10:13:22 PM GMT- IP address: 73.71.121.61 Document e-signed by Terri McCracken (tmccracken@placeworks.com) Signature Date: 2025-08-27 - 11:29:31 PM GMT - Time Source: server- IP address: 73.71.121.61 Document emailed to michaelw@cupertino.gov for signature 2025-08-27 - 11:29:33 PM GMT Email viewed by michaelw@cupertino.gov 2025-08-27 - 11:29:40 PM GMT- IP address: 35.173.229.232 Email viewed by michaelw@cupertino.gov 2025-09-04 - 7:02:26 PM GMT- IP address: 44.213.71.247 Email viewed by michaelw@cupertino.gov 2025-09-19 - 6:56:38 PM GMT- IP address: 44.203.238.204 Signer michaelw@cupertino.gov entered name at signing as Michael K Woo 2025-09-19 - 6:59:11 PM GMT- IP address: 174.194.197.185 Document e-signed by Michael K Woo (michaelw@cupertino.gov) Signature Date: 2025-09-19 - 6:59:13 PM GMT - Time Source: server- IP address: 174.194.197.185 Document emailed to Benjamin Fu (benjaminf@cupertino.gov) for signature 2025-09-19 - 6:59:16 PM GMT Email viewed by Benjamin Fu (benjaminf@cupertino.gov) 2025-09-19 - 7:00:15 PM GMT- IP address: 44.222.215.89 Document e-signed by Benjamin Fu (benjaminf@cupertino.gov) Signature Date: 2025-09-21 - 9:14:31 AM GMT - Time Source: server- IP address: 98.47.167.203 Document emailed to kirstens@cupertino.gov for signature 2025-09-21 - 9:14:33 AM GMT Email viewed by kirstens@cupertino.gov 2025-09-21 - 9:14:42 AM GMT- IP address: 3.227.1.241 Signer kirstens@cupertino.gov entered name at signing as Kirsten Squarcia 2025-09-22 - 3:58:50 PM GMT- IP address: 64.165.34.3 Document e-signed by Kirsten Squarcia (kirstens@cupertino.gov) Signature Date: 2025-09-22 - 3:58:52 PM GMT - Time Source: server- IP address: 64.165.34.3 Agreement completed. 2025-09-22 - 3:58:52 PM GMT