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21-218 MIG First Amendment for Junipero Serra Trail Project
1 FIRST AMENDMENT TO AGREEMENT 354 BETWEEN THE CITY OF CUPERTINO AND MIG, INC FOR JUNIPERO SERRA TRAIL PROJECT This First Amendment to Agreement 354 between the City of Cupertino and MIG, Inc, for reference dated September 30, 2021, is by and between the City of Cupertino, a municipal corporation (hereinafter "City") and MIG, Inc, a Corporation (“Contractor”) whose address is 2055 Junction Ave, Suite 205, San Jose, CA 95131, and is made with reference to the following: RECITALS: On September 30, 2021 Agreement 354 (“Agreement”) was entered into by and between City and Contractor for Junipero Serra Trail Project . A. City and Contractor desire to modify the Agreement on the terms and conditions set forth herein. NOW, THEREFORE, it is mutually agreed by and between and undersigned parties as follows: 1. Paragraph 2 of the Agreement is modified to read as follows: Contractor agrees to provide additional services and perform the tasks (“Services”) set forth in detail in Scope of Services, attached here and incorporated as Exhibit A-1. 2. Exhibit A to the Agreement is replaced with Exhibit A-1, attached hereto. 3. Paragraph 4.1 of the Agreement is modified to read as follows: 4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Services an amount that will based on actual costs but that will be capped so as not to exceed $127,547 (“Contract Price”), based upon the scope of services and the budget and rates in Exhibit A-1, attached and incorporated here. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor’s actual costs exceed the capped amount. No extra work or payment is permitted without prior written approval of the City. 4. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect. SIGNATURES CONTINUE ON THE FOLLOWING PAGE 2 IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed. CITY OF CUPERTINO By Title Date APPROVED AS TO FORM City Attorney ATTEST: City Clerk Date MIG, INC By Title Date EXPENDITURE DISTRIBUTION Item PO Number Amount Original Agreement 2022-223 $123,690.00 Amendment #1 $3,857.00 Total Agreement $127,547.00 Paula Hartman Principal Nov 29, 2021 Christopher D. Jensen Nov 29, 2021 Director of Public Works Nov 29, 2021 August 25, 2021 Evelyn Moran, Public Works Project Manager City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Subject: Proposal for CEQA Services – Junipero Serra Trail (MIG project 47606.01) Dear Ms. Moran: MIG is pleased to provide this scope of work and cost estimate for environmental services related to the City’s proposed Junipero Serra Trail project. The following describes our understanding of the project and presents our scope of work for CEQA services, including technical reports in biology, cultural resources, and traffic safety Project Understanding The Junipero Serra Trail was originally approved in 2016 as part of the City’s Bicycle Transportation Plan and supplemented in 2018 with the City’s Pedestrian Transportation Plan. The 2.91‐mile trail is intended to be the northern segment of a larger community‐wide loop of on and off‐street bicycle facilities (“The Loop”). The Junipero Serra Trail lies almost entirely within Valley Water rights‐of‐way along the existing maintenance road that follows the Junipero Serra Channel on the south side of Interstate 280 from Mary Avenue at the western extent to the intersection of Calabazas Creek and Vallco Parkway at the eastern extent. The trail would create an important east‐west off‐street trail across the heart of the City that serves recreational users, commuters, school children, and bicyclists. The focus of this scope of work is on the CEQA review process for the central and eastern segments of the trail, from DeAnza Boulevard on the west to the Calabazas Creek Trailhead on the east. Approach MIG assumes the project will qualify for an Initial Study/Mitigated Negative Declaration under CEQA and will prepare an analysis of the project according to the CEQA Guidelines and City of Cupertino requirements. We will use the Initial Study (IS) Checklist provided in Appendix G of the CEQA Guidelines. The IS will contain a comprehensive project description, complete responses to the IS Checklist questions, and recommendation of mitigation measures as necessary. MIG’s scope of work includes preparation of response to public comments, a Mitigation Monitoring and Reporting Plan (MMRP) should mitigation measures be incorporated into the project, and preparation of CEQA notices. MIG’s scope of work also includes resource agency permitting as described in Task 6. Because the trail alignment is likely located within areas of the City that are considered archaeologically sensitive, MIG has teamed with Basin Research Associates, Inc. for the preparation of an archaeological report that will serve as the basis for our analysis of potential cultural resource impacts. We are also teaming with Hexagon Transportation Consultants for the preparation of Pedestrian, Bicycle and Vehicle Safety Analysis. Our scope of work is based on the following assumptions: Exhibits A-1 Ms. Evelyn Moran CEQA Services for the Junipero Serra Trail Project 2MIG, Inc. 1. The City will conduct public outreach meetings which MIG CEQA staff will attend remotely. 2. Hexagon will prepare a Pedestrian, Bicycle, and Vehicle Safety Analysis as described below. 3. Basin research Associates, Inc. will prepare an archaeological report, described below, including a California Historical Resource Information System (CHRIS) search with the Northwest Information Center (NWIC) for known archaeological and historic resources within the local vicinity of the project site. A Sacred Lands File (SLF) search will also be conducted with the Native American Heritage Commission (NAHC) to identify potential cultural tribal resources in the vicinity. Basin will send out letters on behalf of the City to any tribes identified by the NAHC. Our budget does not include consultation with tribes. 4. MIG will prepare a stand‐alone Biological Resources Report that will be used for the CEQA analysis and resource agency permits (Regional Water Quality Control Board, California Department of Fish and Wildlife, Valley Water). The project description prepared to support the environmental impact analysis will provide a thorough description of the existing site conditions, all features of the proposed construction and design plans, all planning actions required to permit the project, and a comprehensive list of Best Management Practices or Standard Conditions of Approval that would be incorporated into the project to reduce environmental impacts. The impact analysis will describe all potential impacts and recommend mitigation measures as appropriate. Because of the complexity of the project features, the site being located adjacent to the Junipero Serra Channel, and the potential for agency permitting requirements, we have estimated a fair level of effort to prepare this Initial Study. Additionally, our budget allocates 50 hours for response to comments as the project may generate public interest and a significant number of comments. We have assumed that there will be a 30‐day public comment period and the document will be sent to the State Clearinghouse (SCH) (through e‐filing). We have also included twelve hours for the Senior Project Manager to attend public meetings/hearings. Our approach assumes the City will be responsible for all CEQA noticing requirements and distribution of the IS/MND. Scope of Work We propose the following tasks for preparation of the Initial Study: Task 1. Project Initiation/Kickoff Meeting/Site Visit Upon authorization to proceed, MIG will set up and participate in a project team kickoff meeting with City staff to go over project goals and milestones, schedules, and other significant project issues. Following the kickoff meeting, MIG will coordinate a site visit and prepare a data request. The site visit will allow us to gain an understanding of the project context, to document project site conditions for the project description and to document conditions of concern for the environmental analysis. During this task MIG staff would prepare a comprehensive data request outlining the information needed to support the Initial Study impact analysis. MIG would also begin to collect available project information (documents, maps, reports, etc.). Task Deliverables: 1. Kickoff meeting 2. Site Visit 3. Data Request (electronic copy only) Ms. Evelyn Moran CEQA Services for the Junipero Serra Trail Project 3MIG, Inc. Task 2. Biological Resources Report MIG biologists will prepare a biological resources technical report that will be an appendix to the Initial Study and use that report to provide the biological setting and impact analysis in the Initial Study. The report will be based on a site survey, database research, our knowledge of Cupertino and the West Valley watersheds, and independent review of existing biological studies in the area. The biological resources report will explain the physical and regulatory setting of the trail alignment. This will include topography, water features, and vegetation types. We will explain which special‐status species occur in the area, and whether suitable habitat for these species occurs on or adjacent to the project. With in‐house expertise to delineate jurisdictional waters (including wetlands), we will identify whether any water features on site fall within the jurisdiction of the California Department of Fish and Wildlife (FGC 1600), Regional Water Quality Control Board (CWA 401 and Porter‐Cologne), or U.S. Army Corps of Engineers (CWA 404). The biological resources report will be used as the basis for the preparation of the memorandum on jurisdictional boundaries and permit requirements described in Task 6. The biological resources report will include an assessment of potential project impacts, including the impacts and regulatory requirements of a culvert alternative that has been suggested by the community. The analysis will address the CEQA checklist questions for biology. Task 3. Prepare Initial Study Task 3a. Prepare Administrative Draft Initial Study MIG will submit an Administrative Draft Initial Study/Mitigated Negative Declaration (IS/MND) for review by the City. The following explanation details each section of the IS: Introduction – The Introduction section will describe the purpose and organization of the IS, the need for the IS pursuant to CEQA Guidelines, and the intent of the document. Project Description – The Project Description will serve as the basis for all subsequent analysis of environmental impacts and thus is an essential chapter of the IS. The project description will provide a thorough and comprehensive description of all aspects of the proposed project including project purpose, design, construction and operation, project timing and duration, and permits and approvals required for the project. CEQA Checklist – MIG will describe physical changes to the environment that would result from construction and operation of the project by answering the questions in the IS checklist contained in Appendix G of the State CEQA Guidelines (14 CCR 15000 et seq). MIG anticipates that the project impacts are primarily related to construction air quality and greenhouse gas emissions, biological resources and tree removal, and adequate management of construction and post‐construction stormwater runoff from the trail. We anticipate our greatest level of effort will focus on the following areas of impact analysis: Air Quality and Greenhouse Gas Emissions, Biological Resources, Cultural Resources, Hydrology / Water Quality / Stormwater Management, Noise, and Traffic Safety. An outline of the approach and potential impacts for each of these sections is included below. Air Quality: The air quality impacts of the proposed project would be primarily generated during the construction of the project. MIG proposes to prepare a clear and concise air quality impact assessment that evaluates and quantifies the project’s Ms. Evelyn Moran CEQA Services for the Junipero Serra Trail Project 4MIG, Inc. potential impacts in accordance with the Bay Area Air Quality Management District’s (BAAQMD) CEQA Air Quality Guidelines. The analysis would focus on the amount of emissions of criteria air pollutants (e.g., particulate matter, or PM, and oxides of nitrogen, or NOx) and toxic air contaminants (TACs) that would be generated by project construction and operation. MIG would use the California Emissions Estimator Model (CalEEMod) to quantify project emissions and compare project emissions levels against the latest CEQA significance thresholds recommended for use by the BAAQMD. MIG anticipates the project would need to incorporate best management practices and/or mitigation measures to reduce project construction emissions, particularly fugitive dust emissions, to less than significant levels. Biological Resources: The biological analysis in the Initial Study will be based on the Biological Resources Report described under Task 2. It will state whether the proposed project will impact special‐status species or sensitive habitats (including riparian and wetland), interfere with wildlife movement, or conflict with policies protecting biological resources. We will identify mitigation measures necessary to reduce the impacts to less than significant levels, and if there are any impacts that would remain significant after mitigation. Cultural Resources/Tribal Resources: Basin Research Associates (Basin) will prepare an Archaeological Resources Assessment Report that will identify resources within the proposed project alignment. In addition, Basin will use information obtained on the location, type, and distribution of any resources to assist in the review of potential project impacts and the development of appropriate mitigation actions including the evaluation of any potential resources identified by research. Specific tasks included in Basin’s scope of work will include: (1) a non‐expedited records search of a 1,000‐foot buffer of the proposed alignment to be conducted by the California Historical Resources File System, Northwest Information Center; (2) a review of various published compendiums including the National Register of Historic Places and California Register of Historical Resources as well as archival literature and records on file with Basin; (3) the development of a summary prehistoric and historic context; (4) a request to the Native American Heritage Commission for a review of the Sacred Lands Inventory; (5) outreach consultation with Native Americans recommended by the Native American Heritage Commission; and, (6) a field review of the alignment by a professional archaeologist. Basin will also be available on a very limited basis to assist the City with any AB 52 consultation if required. Greenhouse Gases: MIG would prepare an analysis that evaluates the proposed project’s potential greenhouse gas (GHG) impacts. The analysis would evaluate whether the proposed project would generate GHG emissions that would have a significant impact on the environment or conflict with an applicable plan, policy, or regulation adopted for the purposes of reducing GHG emissions, including the City’s adopted Climate Action Plan. MIG will use CalEEMod to estimate (i.e., quantify) the net increase in GHG emissions generated by the construction and operation of the proposed project (the same model run would be used to estimate emissions for the proposed IS air quality analysis). The resulting emissions estimates would be compared to CEQA significance thresholds maintained by the BAAQMD, as well as a project specific GHG emission reduction goal used to demonstrate progress toward the State’s 2030 GHG emissions reduction goal established under Senate Bill 32 and evaluated in the context Ms. Evelyn Moran CEQA Services for the Junipero Serra Trail Project 5MIG, Inc. of their consistency with state, regional, and local plans for reducing GHG emissions, including the City’s Climate Action Plan. Hydrology and Water Quality: Potential impacts to surface water quality could occur both during and after construction without proper design and implementation of erosion, stormwater runoff, and drainage controls. MIG will assess potential water quality impacts related to construction and recommend best management practices or mitigation measures if impacts are potentially significant. The analysis will include a description of construction as well as post‐construction stormwater runoff controls. The analysis assumes the project will comply with applicable provisions of the Municipal Regional Stormwater Permit, statewide Construction General Permit, and City regulations related to runoff pollution prevention, as well as any applicable Valley Water requirements. Noise: Project construction would generate short‐term construction noise and vibration with most noise and vibration being generated during the grading/excavation phase of the project. The site is adjacent to sensitive residential, school, and park land uses. The project would adhere to the City’s noise ordinance to minimize noise impacts during construction and additional mitigation may be recommended if the impact analysis identifies potentially significant noise or vibration impacts to sensitive land uses. Transportation: Hexagon Transportation Consultants, Inc. (Hexagon) will prepare an analysis of pedestrian, bicycle, and vehicle safety effects for the proposed Junipero Serra Trail. The scope of work is summarized below: 1. Roadway Interface. Potential conflict points with the trail and the following streets will be reviewed: N. Blaney Avenue, Wolfe Road (Perimeter Road), and Vallco Parkway. The study will identify how the crossings can be made safe for pedestrians and bicycles at these streets and will recommend intersection improvements if necessary. Any recommendations will be shown on conceptual plans. 2. Trail Access. A review will be conducted of the Junipero Sera Trail overview to analyze potential trailheads and access points via existing bicycle facilities and/or sidewalks. Available parking will be identified at the potential trailheads. 3. Reports and Response to Comments. Hexagon’s findings and recommendations will be summarized in a draft report. Hexagon will respond to editorial comments and prepare a final report. 4. Meetings. (optional) For an additional fee, Hexagon will attend one TAC meeting and one public hearing with the project team and/or City staff in conjunction with this study. Additional Services. Any work not specifically referenced in the above cope of work – for example (but not limited to) analyzing intersections, conducting turning‐movement counts, collecting average daily traffic volume data (i.e., tube counts) – shall be considered additional services. Additional services shall be provided upon authorization and will require additional budget and time. MIG’s cost estimate assumes there will be only one round of administrative review prior to finalization of the IS/MND. If more administrative drafts are required, the cost of additional time and materials will be subject to additional compensation and an amendment to the scope Ms. Evelyn Moran CEQA Services for the Junipero Serra Trail Project 6MIG, Inc. of work. Additionally, the scope does not cover new or revised analysis needed to address changes to the project after start of work. Task Deliverables: 1. Draft and Final Pedestrian, Bicycle, and Vehicle Safety Analysis 2. Draft and Final Archaeology Report 3. Administrative Draft Initial Study (electronic copy only) Task 3b. Prepare Public Draft Initial Study/Mitigated Negative Declaration MIG will address any comments from the City on the Administrative Draft IS and then produce a Screen Check document for final City approval. Once the Screen Check document is approved MIG will prepare the Public Draft IS/MND for public circulation. MIG will provide the City with a PDF version so the City can post it on the City’s website. MIG will prepare the Notice of Intent (NOI) to Adopt the IS that the City can use to fulfill the public noticing requirements of CEQA Guidelines Section 15072.MIG will also prepare a Notice of Completion (NOC) and coordinate with the City to upload the document to the State Clearinghouse portal. Task Deliverables: 1. Screen Check IS/MND (electronic copy) 2. Public Draft Initial Study / Mitigated Negative Declaration (electronic copy) 3. Prepare draft Notice of Intent and Notice of Completion Task 3c. Prepare Final IS/MND, MMRP, and Notice of Determination Following conclusion of the 30‐day public review period, MIG will prepare an Administrative Draft Response to Comments that will contain a summary of all comments received during the public comment period (with an alpha‐numeric ID for each individual comment), responses to comments, and changes to the Draft IS text or errata as necessary. Because we anticipate this project may generate public interest and comment, we have allocated 50 hours for this task. Should the volume of comments received require more than 50 hours to reply to, or the comments necessitate additional project impact analysis, MIG would request additional budget to complete the task. If only a small number of comments are received MIG’s contract is a time and materials contract, and we would only bill the hours spent on this task. The Response to Comments will be provided as a draft to the City for review and comment. Upon receipt of City comments, we will prepare a Screen Check document for approval, and then provide the final document to the City. Concurrent with the preparation of the Response to Comments, MIG will finalize the MMRP. The MMRP will compile all BMPs and mitigation measures included in the IS to reduce or avoid significant impacts, and will identify the timing of the measure, the entity responsible for implementing the measure, and the method for verifying implementation of the measure. MIG will also prepare a Notice of Determination for the City to finalize and submit to the County Clerk’s office and the State Office of Planning and Research. Task Deliverables: 1. Response to Comments and prepare Initial Study errata, draft, screen check and final (electronic copies) 2. Final Mitigation Monitoring and Reporting Plan (electronic copy) Ms. Evelyn Moran CEQA Services for the Junipero Serra Trail Project 7MIG, Inc. 3. Notice of Determination (electronic copy) Task 4: Attend Public Meetings/Hearings The MIG Senior Project Manager will attend one remote TAC meeting and one remote community meeting held by the City (estimated at 2 hours per meeting) and two remote public hearings. Eight hours have been allocated for preparation and attendance at the public hearings (4 hours per meeting). In addition to the public meetings and hearings, the MIG Senior Project Manager and Project Manager will attend one remote CEQA Kickoff meeting with City staff, as described in Task 1 (estimated at 1 hr.) Task 5: Project Management The MIG Senior Project Manager will be the primary point of contact with the City and would keep the City apprised of project progress. If issues arise that would affect the schedule or budget, the Senior Project Manager would immediately inform the City and discuss the best approach to resolving issues. MIG has allocated budget for subconsultant management, client communication, team conference calls, and staff coordination to ensure we can communicate clearly and effectively. Additionally, this budget covers implementing our quality control review process and administrative time for contracting. Task 6: Resource Agency Permitting Portions of the proposed trail are located within state resource agency jurisdictions, including the Regional Water Quality Control Board (RWQCB), the California Department of Fish and Wildlife (CDFW), and Valley Water. There is also a culvert alternative that will be described in the Biological Resources Report that would trigger an additional permit from the U.S. Army Corps of Engineers (USACE) if that alternative was pursued. MIG proposes to request an Interagency Meeting hosted by the USACE and attended by the other resource agencies. We first prepare an application that describes the project so the agency personnel can review it before the meeting. The City or MIG will then briefly present the project in the meeting. The purpose of the meeting is to obtain informal comment from the resource agencies about the project and permit requirements, including mitigation. We have included time for teleconferences with the City before and after the meeting. Prior to preparing the permit applications MIG will prepare a Jurisdictional Delineation and determine the area of the project that is within each agency’s jurisdiction. We will then prepare the Notification of Lake or Streambed Alteration for CDFW, a Notice of Intent for RWQCB, and an encroachment permit application for Valley Water. The applications are submitted online, and the City will be responsible for paying all permit fees directly. In this scope of work and budget we have assumed that a Clean Water Act 404 permit from the USACE will not be pursued. If it is, then we will request an amended budget to prepare a USACE Preliminary Delineation of Waters of the U.S. and have it verified by the USACE, a Section 106 cultural resources report, a biological assessment for impacts to federally listed species, the permit application, and permit follow up. If a USACE permit is pursued it will change the RWQCB application from a Notice of Intent to a 401 Water Quality Certification (WQC), but the application materials are essentially the same. The difference is that with a 401 WQC, a pre‐filing meeting with the RWQCB is required 30 days before the application can be submitted, so there could be a schedule impact. Ms. Evelyn Moran CEQA Services for the Junipero Serra Trail Project 8MIG, Inc. Once the permits are submitted MIG staff will follow up with the agencies on a regular basis and respond to questions they have as they prepare the permits. MIG can prepare an estimated permit schedule for the City at that time. The state agency permits cannot legally be issued until the CEQA process is completed. Schedule An example schedule for work product deliverables is presented in Table 1. MIG proposes to submit the Administrative Draft Initial Study (Task 2) for City review within 10 weeks from the start of work. The Task 2 schedule is subject to change, depending on the timing of receipt of the subconsultants’ reports. Our budget assumes completion of our work products within the period of time presented in the schedule section of this scope of work. Extended delays or stopping and starting work multiple times can lead to additional project administration/management time not anticipated in our budget. Should these situations arise, we may request a budget amendment. Table 1 Tentative Schedule for Deliverables Task or Deliverable Weeks to Complete Total Weeks 0 Task 1: Initiate Project/Site Visit, authorize subconsultants (Basin Research Associates, Hexagon Transportation Consultants) and Delivery of Data Request 14 days from Authorization to Proceed 2 Tasks 2 and 3a: Prepare Technical Reports and Administrative Draft IS) 10 weeks 12 City Review of Admin. Draft IS and Technical Reports 4 weeks 16 Tasks 3b and 6: Prepare Public Draft IS and Permit Applications ‐‐ ‐‐ Prepare Screen Check Document 1 week 17 City Review of Screen Check 1 week 18 Prepare Public Draft IS/MND 1 week 19 30‐day Public Review Period 30 days 23 Task 3c: Prepare Final IS/MND and City review Permit Applications 2 weeks 25 City Review of Admin Draft Final IS/MND and submit Permit Applications 2 weeks 27 Task 4: Public Hearing TBD TBD Notice of Determination Filed Must be filed within five working days after Board adoption of MND and approval of the project Ms. Evelyn Moran CEQA Services for the Junipero Serra Trail Project 9MIG, Inc. Budget MIG will perform the services outlined in this scope of work for the fees summarized in the cost table below. The cost table is based on our understanding of the project and the limitations identified below as factors triggering an increase in cost. If unforeseen conditions are encountered, or if we experience delays or circumstances beyond our control, we will notify the City immediately to discuss modifications to the scope of services and/or project fees. We have included an Optional Contingency Budget which could be used to address unanticipated situations during the CEQA process and would only be used with the City’s express authorization. MIG will only bill up to the approved budget. We will not exceed the approved budget without prior approval, however we reserve the right to exceed task budgets as long as the total budget is not exceeded. With approval, additional services that are not outlined in this proposal will be charged on a time‐and‐expense basis according to the Billing Rate included in MIG’s On Call service agreement with the City. Payment for services shall be due upon receipt of MIG’s monthly invoice. Table 2. Cost Estimate Task Total Hours Total Cost Task 1: Project Initiation 47 $7,030 Task 2: Biological Resources Report 86 $11,000 Task 3a: Prepare Draft Initial Study 234 $30,058 Task 3b: Prepare Public Draft Initial Study 49 $6,525 Task 3c: Final IS/MND, MMRP, CEQA Notices 60 $8,020 Task 4: Meetings and Hearings 38 $7,170 Task 5: Project Management 80 $13,200 Task 6. Resource Agency Permitting 198 $26,800 TOTAL MIG Labor Hrs. 792 TOTAL MIG Labor Cost $109,803 Total Expenses $13,887 Basin Research Associates $7,052 Hexagon Transportation Consultants $4,950 Printing/Postage/Fed Ex $1,733 Mileage $102 Noise meter $50 TOTAL MIG BASE COST (Labor + Exp) $123,690 Grand Total $123,690 Ms. Evelyn Moran CEQA Services for the Junipero Serra Trail Project 10MIG, Inc. Factors that Would Trigger an Increase in Cost 1. Meetings and Hearings. Our scope provides for attendance at one TAC meeting and one community meeting held by the City (2 hours per meeting) two public hearings (4 hours each including preparation and attendance time), one Interagency Meeting, and two conference calls with City staff related to the Interagency Meeting. Attendance at additional public hearings or other meetings would be subject to additional compensation. Preparation of any presentation materials would also be subject to additional compensation. 2. Expense Estimates. Expense estimate includes mileage for the site visit. Should an unanticipated expense arise, MIG will obtain authorization for the expense. 3. Permit Fees. The City will pay permit fees directly to the agencies. The budget does not include permit fees. 3. Administrative Drafts. The cost estimate also assumes there will be only one round of administrative review prior to finalization of the IS/MND, technical reports and permit applications. If more administrative drafts are required, the cost of additional time and materials will be subject to additional compensation and an amendment to the scope of work. We also anticipate one consolidated set of comments from the City. 4. Project Information or Changes in Project. The scope does not cover new or revised analysis needed to address changes to the project after start of work. 5. Other Technical Studies. Other than the Traffic Study and the Cultural Resources report, no other technical reports are anticipated. Detailed air quality, GHG and noise analyses will be prepared by MIG staff experts in‐house. 6. Public Notices and Filing. The scope of work assumes MIG will provide drafts of CEQA Notice of Intent, Notice of Completion and Notice of Determination but that the City will file the notices with the County Clerk’s Office. As stated under Task 3, the City will be responsible for posting public notice consistent with CEQA requirements. 7. Hard Copies. We have not budgeted for the preparation of hard copy documents. If hard copies are required, we may request a budget amendment. 8. Schedule Delay. Our budget assumes completion of our work products within the period of time presented in the schedule section of this scope of work. Extended delays or stopping and starting work multiple times can lead to additional project administration/management time not anticipated in our budget. Should these situations arise, we may request a budget amendment. Thank you for contacting MIG for this scope of service. We welcome the opportunity to work with the City of Cupertino again. If you have any questions regarding this proposal, please contact me at your convenience. Sincerely, Mike Campbell Director of Environmental Analysis October 25, 2021 Evelyn Moran, Public Works Project Manager City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Subject: Supplemental Proposal for Junipero Serra Trail Ambient Noise Monitoring Memo Dear Ms. Moran: Thank you for asking MIG to prepare a supplemental scope of work for ambient noise monitoring along the proposed Junipero Serra Trail in Cupertino, California. The monitoring would be used to address community comments on noise levels stemming from highway traffic, inform trail design from a noise perspective, and support the City’s environmental review of the project. MIG’s understanding of the proposed project and our supplemental scope of work is presented below. Project Understanding The Junipero Serra Trail was originally approved in 2016 as part of the City’s Bicycle Transportation Plan and supplemented in 2018 with the City’s Pedestrian Transportation Plan. The 2.91-mile trail is intended to be the northern segment of a larger community- wide loop of on and off-street bicycle facilities (“The Loop”). The Junipero Serra Trail lies almost entirely within Valley Water rights-of-way along the existing maintenance road that follows the Junipero Serra Channel on the south side of Interstate 280 (I-280) from Mary Avenue at the western extent to the intersection of Calabazas Creek and Vallco Parkway at the eastern extent. The trail would create an important east-west off-street trail across the heart of the City that serves recreational users, commuters, school children, and bicyclists. The City’s current focus is on development of the central and eastern segments of the trail, from DeAnza Boulevard on the west to the Calabazas Creek Trailhead on the east. The City’s General Plan Health and Safety Element identifies traffic noise, including I-280, as the predominant noise source in the City. Traffic noise modeling conducted for the City’s General Plan EIR in 2014 indicates I-280 traffic noise levels 100 feet from the center of the highway are 81.8 CNEL dBA, not including barriers (City of Cupertino, 2014, Table 5.1-8). In general, I-280 includes a sound wall between De Anza Boulevard and North Blaney Avenue and between Rosewood Road and the southbound I-280 Wolfe Road off-ramp. There is an approximately 700-foot length of highway between North Blaney Avenue and Rosewood Road where no barrier exists; however, there is a self-storage facility that backs up to the creek channel approximately 50 feet from the edge of the highway in this area. In addition, I-280 generally contains no sound wall south of Wolfe Road. The City’s General Plan establishes 70 CNEL and 75 CNEL as the “normally acceptable” and “normally unacceptable” noise limits for playgrounds and neighborhood parks. The City’s municipal code does not establish standards for trail projects when the trail is noise-receiving land use. Ms. Evelyn Moran Junipero Serra Trail Project Supplemental Ambient Noise Memo 2MIG, Inc. The City has requested MIG prepare an evaluation of ambient noise levels to determine what noise levels trail users would be exposed to, whether these noise levels would warrant mitigation that needs to be included in the project design, what mitigation options could be available to the City, and what constraints exist that could limit the effectiveness and/or feasibility of different noise mitigation options. MIG’s memo will focus on the collection of ambient noise data along the proposed trail alignment in areas where Interstate 280 (I-280) barriers do and do not exist, as well areas of the proposed trail alignment where noise was raised as a community concern. The ambient noise monitoring results will be used to inform trail design from a noise perspective and support the environmental review of the proposed project pursuant to the California Environmental Quality Act (CEQA). Scope of Work We propose the following tasks for preparation of the supplemental ambient noise monitoring effort: Task 1. Conduct Ambient Noise Survey Upon authorization to proceed, MIG will coordinate with the City and any necessary property owners to conduct an ambient noise monitoring survey designed to objectively measure and characterize ambient noise levels along the proposed trail alignment. Per discussion with the City, the purpose of the ambient noise survey is to collect accurate, objective, and meaningful ambient noise data in a timely manner. Preliminarily, the proposed noise survey would include and consist of: A site visit to review field conditions and determine appropriate exterior noise monitoring locations. Short-term measurements that would be attended by MIG. The purpose of the short-term measurement is to observe noise levels along the proposed trail alignment with a noise barrier, without a noise barrier, with varying grade changes (e.g., below or at highway grade), and other factors (e.g., presence of overpass/bridge, presence of adjacent building façades, etc.). MIG has assumed this short-term measurement may last up to 4 hours. Long-term measurements that would not be attended by MIG. Tentatively, MIG anticipates coordinating with the City to select up to three long-term measurement locations along the trail segment to capture 24-hour community noise exposure level (CNEL) information for contextual purposes (i.e., comparison to General Plan policies). Tentatively, sites would include locations near Lucille Avenue, between De Anza Boulevard and Rosewood Drive, and south of Wolfe Road. MIG has assumed unattended long-term noise measurements would last up to 24-hours. MIG would conduct the ambient noise survey with digital sound level meters that meet American National Standards Institute requirements for a Type 1 integrating sound level meter. Staff would calibrate each sound meter immediately before and after each ambient noise monitoring session, and ambient noise levels would be continuously collected over the sample period in a time resolution (e.g., 1-minute, 10-minute, 1-hour) sufficient to characterize the ambient noise environment and capture short-term noise events and increases in noise levels above typical background conditions. MIG staff Ms. Evelyn Moran Junipero Serra Trail Project Supplemental Ambient Noise Memo 3MIG, Inc. would also document meteorological and other pertinent environmental factors that occurred during the ambient noise survey. Task 2. Process Ambient Noise Data Following completion of the ambient noise survey, MIG will retrieve, download, QA/QC, and process the data collected during the ambient noise survey. Specifically, MIG will process the data to identify: Highest and lowest measured 24-hour exterior community noise exposure level (CNEL). Other standard noise metrics, including instantaneous minimum (Lmin) and maximum (Lmax) noise levels, hourly average noise levels (Leq 1-hour), and the noise level exceeded 90% (L90), 50% (L50), 25% (L25), 8% (L08), and 2% (L02) of the time. MIG will compare processed noise data against applicable noise guidelines and standards contained in the City’s General Plan and Municipal Code. MIG’s initial research indicates the only potentially applicable standard may be the General Plan’s noise and land use compatibility guidelines for playgrounds and neighborhood parks. If needed, MIG will present additional information on appropriate standards for trail projects, such as Caltrans’ guidance or standards from nearby jurisdictions. Task 3. Identify Preliminary Noise Reduction Options If the ambient noise monitoring survey indicates noise mitigation may be warranted for the project, MIG will identify preliminary options for reducing noise exposure along the trail alignment, such as barriers, berms, and other changes in trail grade. MIG will also identity the preliminary range in noise reduction potentially achievable by mitigation options, any general constraints for noise mitigation, and the logistical and technical feasibility of mitigation options. MIG’s preliminary options for reducing noise will be based on measured ambient noise data, observed field conditions and other empirical data, professional experience with barrier design and installation, and literature references. Such preliminary options for reducing noise levels are meant only to inform the City of possible ways to reduce noise exposure along the trail route; additional modeling, data collection, professional field surveys, or other site inspections may be needed to confirm the feasibility and/or effectiveness of any preliminary options identified by MIG. Preliminary options for reducing noise levels, therefore, shall not be considered final recommendations or design-level details. Task 4. Prepare Brief Technical Memorandum MIG will prepare a brief technical memorandum summarizing the results of the ambient noise survey and, if necessary, MIG’s preliminary options for reducing ambient noise levels along the proposed central and eastern segments of the Junipero Serra Trail. To complete this task within the schedule and budget information identified below, MIG has assumed we will prepare one draft memorandum for review by the City and respond to one round of comments from the City before finalizing the memorandum. MIG has assumed up to three (3) total staff hours will be required to respond to comments from the City. Ms. Evelyn Moran Junipero Serra Trail Project Supplemental Ambient Noise Memo 4MIG, Inc. Schedule MIG understands the ambient noise survey is necessary to further trail design. MIG will schedule ambient noise monitoring within two weeks of the notice to proceed and will complete the noise memo within four weeks of the notice to proceed. This schedule is contingent on weather conditions appropriate for suitable ambient noise monitoring data collection efforts. Budget MIG’s cost to prepare the ambient noise monitoring memo will be based on time and materials up to the not to exceed cost of $4,682.00. Since the City has already authorized up to $825 in costs for ambient noise monitoring (including labor, mileage, and noise meter fees) as part of the CEQA review for the project, the additional cost to complete the supplemental monitoring and memo is $3,857. The cost for the supplemental ambient noise monitoring memo is based on our current understanding of the project. If unforeseen conditions are encountered, or if we experience delays or circumstances beyond our control, we will notify the City immediately to discuss modifications to the scope of services and/or project fees. MIG will only bill up to the approved budget. We will not exceed the approved budget without prior approval. Payment for services shall be due upon receipt of MIG’s monthly invoice. Staffing The following MIG staff would have primary responsibility for completing the supplemental ambient noise memo: Chris Dugan, Director of Air Quality, GHG, and Noise Services, would oversee preparation of the noise monitoring and memo and regularly coordinate and consult with the City on work progress. Chris has 15 years’ experience planning, preparing, and managing environmental compliance documents required by local, state, and federal regulations, including CEQA, the Occupational Safety and Health Act, and local zoning / general plan requirements. As MIG’s Director of Noise Services, he prepares plan- and project-level noise monitoring services, evaluates pre- and post-project noise compliance with zoning standards, general plan standards, and general quality of life standards, and presents noise impact findings to decision-making bodies and community members. Phil Gleason, Senior Analyst IV, would conduct field noise monitoring and assist with the preparation of the noise monitoring memo. Phil has 6 years’ monitoring construction and other noise sources and planning and preparing CEQA noise impact analyses. Ms. Evelyn Moran Junipero Serra Trail Project Supplemental Ambient Noise Memo 5MIG, Inc. ***** Thank you for contacting MIG for this scope of service. We welcome the opportunity to work with the City of Cupertino again. If you have any questions regarding this proposal, please contact me at your convenience. Sincerely, Mike Campbell Director of Environmental Analysis Junipero Serra Trail Project Page 1 of 9 Professional/Consulting Contracts /Version: August 2021 PROFESSIONAL/CONSULTING SERVICES AGREEMENT 1. PARTIES This Agreement is made by and between the City of Cupertino, a municipal corporation (“City”), and MIG, Inc (“Contractor”), a Corporation for Junipero Serra Trail Project, and is effective on the last date signed below (“Effective Date”). 2. SERVICES Contractor agrees to provide the services and perform the tasks (“Services”) set forth in detail in Scope of Services, attached here and incorporated as Exhibit A. Contractor further agrees to carry out its work in compliance with any applicable local, State, or Federal order regarding COVID-19. 3. TIME OF PERFORMANCE 3.1 This Agreement begins on the Effective Date and ends on September 01, 2024 (“Contract Time”), unless terminated earlier as provided herein. Contractor’s Services shall begin on the effective date and shall be completed by September 01, 2024. The City’s appropriate department head or the City Manager may extend the Contract Time through a written amendment to this Agreement, provided such extension does not include additional contract funds. Extensions requiring additional contract funds are subject to the City’s purchasing policy. 3.2 Schedule of Performance. Contractor must deliver the Services in accordance with the Schedule of Performance, attached and incorporated here Exhibit B. 3.3 Time is of the essence for the performance of all the Services. Contractor must have sufficient time, resources, and qualified staff to deliver the Services on time. 4. COMPENSATION 4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Services an amount that will based on actual costs but that will be capped so as not to exceed $123,690.00 (“Contract Price”), based upon the scope of services in Exhibit A and the budget and rates included in Exhibit C, Compensation attached and incorporated here. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor’s actual costs exceed the capped amount. No extra work or payment is permitted without prior written approval of City. 4.2 Invoices and Payments. Monthly invoices must state a description of the deliverable completed and the amount due for the preceding month. Within thirty (30) days of completion of Services, Contractor must submit a requisition for final and complete payment of costs and pending Junipero Serra Trail Project Page 2 of 9 Professional/Consulting Contracts /Version: August 2021 claims for City approval. Failure to timely submit a complete and accurate payment requisition relieves City of any further payment or other obligations under the Agreement. 5. INDEPENDENT CONTRACTOR 5.1 Status. Contractor is an independent contractor and not an employee, partner, or joint venture of City. Contractor is solely responsible for the means and methods of performing the Services and for the persons hired to work under this Agreement. Contractor is not entitled to health benefits, worker’s compensation, or other benefits from the City. 5.2 Contractor’s Qualifications. Contractor warrants on behalf of itself and its subcontractors that they have the qualifications and skills to perform the Services in a competent and professional manner and according to the highest standards and best practices in the industry. 5.3 Permits and Licenses. Contractor warrants on behalf of itself and its subcontractors that they are properly licensed, registered, and/or certified to perform the Services as required by law and have procured a City Business License, if required by the Cupertino Municipal Code. 5.4 Subcontractors. Only Contractor’s employees are authorized to work under this Agreement. Prior written approval from City is required for any subcontractor, and the terms and conditions of this Agreement will apply to any approved subcontractor. 5.5 Tools, Materials, and Equipment. Contractor will supply all tools, materials and equipment required to perform the Services under this Agreement. 5.6 Payment of Benefits and Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor and any of its employees, agents, and subcontractors shall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, p ersonal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, fees, contributions, or charges applicable to Contractor’s business including, but not limited to, federal and state income taxes. City shall have no obligation whatsoever to pay or withhold any taxes or benefits on behalf of Contractor. Should any court, arbitrator, or administrative authority, including but not limited to the California Public Employees Retirement System (PERS), the Internal Revenue Service or the State Employment Development Division, determine that Contractor, or any of its employees, agents, or subcontractors, is an employee for any purpose, then Contractor agrees to a reduction in amounts payable under this Agreement, or to promptly remint to City any payments due by the City as a result of such determination, so that the City’s total expenses under this Agreement are not greater than they would have been had the determination not been made. 6. PROPRIETARY/CONFIDENTIAL INFORMATION In performing this Agreement, Contractor may have access to private or confidential information owned or controlled by the City, which may contain proprietary or confidential details the disclosure of which to third parties may be damaging to City. Contractor shall hold in confidence all City information provided by City to Contractor and use it only to perform this Agreement. Junipero Serra Trail Project Page 3 of 9 Professional/Consulting Contracts /Version: August 2021 Contractor shall exercise the same standard of care to protect City information as a reasonably prudent contractor would use to protect its own proprietary data. 7. OWNERSHIP OF MATERIALS 7.1 Property Rights. Any interest (including copyright interests) of Contractor in any product, memoranda, study, report, map, plan, drawing, specification, data, record, document, or other information or work, in any medium (collectively, “Work Product”), prepared by Contractor in connection with this Agreement will be the exclusive property of the City upon completion of the work to be performed hereunder or upon termination of this Agreement, to the extent requested by City. In any case, no Work Product shall be shown to any third-party without prior written approval of City. 7.2 Copyright. To the extent permitted by Title 17 of the U.S. Code, all Work Product arising out of this Agreement is considered “works for hire” and all copyrights to the Work Product will be the property of City. Alternatively, Contractor assigns to City all Work Product copyrights. Contractor may use copies of the Work Product for promotion only with City’s written approval. 7.3 Patents and Licenses. Contractor must pay royalties or license fees required for authorized use of any third party intellectual property, including but not limited to patented, trademarked, or copyrighted intellectual property if incorporated into the Services or Work Product of this Agreement. 7.4 Re-Use of Work Product. Unless prohibited by law and without waiving any rights, City may use or modify the Work Product of Contractor or its sub-contractors prepared or created under this Agreement, to execute or implement any of the following: (a) The original Services for which Contractor was hired; (b) Completion of the original Services by others; (c) Subsequent additions to the original Services; and/or (d) Other City projects. 7.5 Deliverables and Format. Contractor must provide electronic and hard copies of the Work Product, on recycled paper and copied on both sides, except for one single-sided original. 8. RECORDS Contractor must maintain complete and accurate accounting records relating to its performance in accordance with generally accepted accounting principles. The records must include detailed information of Contractor’s performance, benchmarks and deliverables, which must be available to City for review and audit. The records and supporting documents must be kept separa te from other records and must be maintained for four (4) years from the date of City’s final payment. 9. ASSIGNMENT Contractor shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest Junipero Serra Trail Project Page 4 of 9 Professional/Consulting Contracts /Version: August 2021 therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so will be null and void. Any changes related to the financial control or business nature of Contractor as a legal entity is considered an assignment of the Agreement and subject to City approval, which shall not be unreasonably withheld. Control means fifty percent (50%) or more of the voting power of the business entity. 10. PUBLICITY / SIGNS Any publicity generated by Contractor for the project under this Agreement, during the term of this Agreement and for one year thereafter, will reference the City’s contributions in making the project possible. The words “City of Cupertino” will be displayed in all pieces of publicity, including flyers, press releases, posters, brochures, public service announcements, interviews and newspaper articles. No signs may be posted, exhibited or displayed on or about City property, except signage required by law or this Contract, without prior written approval from the City. 11. INDEMNIFICATION 11.1 To the fullest extent allowed by law, and except for losses caused by the sole and active negligence or willful misconduct of City personnel, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, official s, employees, agents, servants, volunteers, and consultants (“Indemnitees”), through legal counsel acceptable to City, from and against any and all liability, damages, claims, actions, causes of action, demands, charges, losses, costs, and expenses (including attorney fees, legal costs, and expenses related to litigation and dispute resolution proceedings) of every nature, arising directly or indirectly from this Agreement or in any manner relating to any of the following: (a) Breach of contract, obligations, representations, or warranties; (b) Negligent or willful acts or omissions committed during performance of the Services; (c) Personal injury, property damage, or economic loss resulting from the work or performance of Contractor or its subcontractors or sub-subcontractors; (d) Unauthorized use or disclosure of City’s confidential and proprietary Information; (e) Claim of infringement or violation of a U.S. patent or copyright, trade secret, trademark, or service mark or other proprietary or intellectual property rights of any third party. 11.2 Contractor must pay the costs City incurs in enforcing this provision. Contractor must accept a tender of defense upon receiving notice from City of a third-party claim. At City’s request, Contractor will assist City in the defense of a claim, dispute, or lawsuit arising out of this Agreement. 11.3 Contractor’s duties under this section are not limited to the Contract Price, workers’ compensation payments, or the insurance or bond amounts required in the Agreement. Nothing in the Agreement shall be construed to give rise to an implied right of indemnity in favor of Contractor against City or any Indemnitee. 11.4. Contractor’s payments may be deducted or offset to cover any money the City lost due to a claim or counterclaim arising out of this Agreement, a purchase order, or other transaction. Junipero Serra Trail Project Page 5 of 9 Professional/Consulting Contracts /Version: August 2021 11.5. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 11 from each and every subcontractor, or any other person o r entity involved by, for, with, or on behalf of Contractor in the performance of this Agreement. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. 11.6. This Section 11 shall survive termination of the Agreement. 12. INSURANCE Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit D, and must maintain the insurance for the duration of the Agreement, or longer as required by City. City will not execute the Agreement until City approves receipt of satisfactory certificates of insurance and endorsements evidencing the type, amount, class of operations covered, and the effective and expiration dates of coverage. Failure to comply with this provision may result in City, at its sole discretion and without notice, purchasing insurance for Contractor and deducting the costs from Contractor’s compensation or terminating the Agreement. 13. COMPLIANCE WITH LAWS 13.1 General Laws. Contractor shall comply with all local, state, and federal laws and regulations applicable to this Agreement. Contractor will promptly notify City of changes in the law or other conditions that may affect the Project or Contractor’s ability to perform. Contractor is responsible for verifying the employment authorization of employees performing the Services, as required by the Immigration Reform and Control Act. 13.2 Labor Laws. Contractor shall comply with all labor laws applicable to this Agreement. If the Scope of Services includes a “public works” component, Contractor is required to comply with prevailing wage laws under Labor Code Section 1720 and other labor laws. 13.3 Discrimination Laws. Contractor shall not discriminate on the basis of race, religious creed, color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy, age, sex, gender, sexual orientation, gender identity, Acquired-Immune Deficiency Syndrome (AIDS), or any other protected classification. Contractor shall comply with all anti-discrimination laws, including Government Code Sections 12900 and 11135, and Labor Code Sections 1735, 1777, and 3077.5. Consistent with City policy prohibiting harassment and discrimination, Contractor understands that harassment and discrimination directed toward a job applicant, an employee, a City employee, or any other person, by Contractor or its employees or sub-contractors will not be tolerated. Contractor agrees to provide records and documentation to the City on request necessary to monitor compliance with this provision. 13.4 Conflicts of Interest. Contractor shall comply with all conflict of interest laws applicable to this Agreement and must avoid any conflict of interest. Contractor warrants that no public official, employee, or member of a City board or commission who might have been involved in the making of this Agreement, has or will receive a direct or indirect financial interest in this Agreement, in violation of California Government Code Section 1090 et seq. Contractor may be required to file a conflict of interest form if Contractor makes certain governmental decisions or serves in a staff capacity, as defined in Section 18700 of Title 2 of the California Code of Junipero Serra Trail Project Page 6 of 9 Professional/Consulting Contracts /Version: August 2021 Regulations. Contractor agrees to abide by the City’s rules governing gifts to public officials and employees. 13.5 Remedies. Any violation of Section 13 constitutes a material breach and may result in City suspending payments, requiring reimbursements or terminating this Agreement. City reserves all other rights and remedies available under the law and this Agreement, including the right to seek indemnification under Section 11 of this Agreement. 14. PROJECT COORDINATION City Project Manager. The City assigns Evelyn Moran as the City’s representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Scope of Services. City reserves the right to substitute another Project manager at any time, and without prior notice to Contractor. Contractor Project Manager. Subject to City approval, Contractor assigns Mike Campbell as its single Representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Scope of Services. Contractor’s Project manager is responsible for coordinating and scheduling the Services in accordance with the Scope of Services and the Schedule of Performance. Contractor must regularly update the City’s Project Manager about the progress with the work or any delays, as required under the Scope of Services. City written approval is required prior to substituting a new Representative. 15. ABANDONMENT OF PROJECT City may abandon or postpone the Project or parts therefor at any time. Contractor will be compensated for satisfactory Services performed through the date of abandonment, and will be given reasonable time to assemble the work and close out the Services. With City’s pre-approval in writing, the time spent in closing out the Services will be compensated up to a maximum of ten percent (10%) of the total time expended to date in the performance of the Services. 16. TERMINATION City may terminate this Agreement for cause or without cause at any time. Contractor will be paid for satisfactory Services rendered through the date of termination, but final payment will not be made until Contractor closes out the Services and delivers the Work Product. 17. GOVERNING LAW, VENUE, AND DISPUTE RESOLUTION This Agreement is governed by the laws of the State of California. Any lawsuits filed related to this Agreement must be filed with the Superior Court for the County of Santa Clara, State of California. Contractor must comply with the claims filing requirements under the Government Code prior to filing a civil action in court. If a dispute arises, Contractor must continue to provide the Services pending resolution of the dispute. If the Parties elect arbitration, the arbitrator’s award must be supported by law and substantial evidence and include detailed written findings of law and fact. Junipero Serra Trail Project Page 7 of 9 Professional/Consulting Contracts /Version: August 2021 18. ATTORNEY FEES If City initiates legal action, files a complaint or cross-complaint, or pursues arbitration, appeal, or other proceedings to enforce its rights or a judgment in connection with this Agreement, the prevailing party will be entitled to reasonable attorney fees and costs. 19. THIRD PARTY BENEFICIARIES There are no intended third party beneficiaries of this Agreement. 20. WAIVER Neither acceptance of the Services nor payment thereof shall constitute a waiver of any contract provision. City’s waiver of a breach shall not constitute waiver of another provision or breach. 21. ENTIRE AGREEMENT This Agreement represents the full and complete understanding of every kind or nature between the Parties, and supersedes any other agreement(s) and understanding(s), either oral or written, between the Parties. Any modification of this Agreement will be effective only if in writing and signed by each Party’s authorized representative. No verbal agreement or implied covenant will be valid to amend or abridge this Agreement. If there is any inconsistency between any term, clause, or provision of the main Agreement and any term, clause, or provision of the attachments or exhibits thereto, the terms of the main Agreement shall prevail and be controlling. 22. INSERTED PROVISIONS Each provision and clause required by law for this Agreement is deemed to be included and will be inferred herein. Either party may request an amendment to cure mistaken insertions or omissions of required provisions. The Parties will collaborate to implement this Section, as appropriate. 23. HEADINGS The headings in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit, or amplify the terms or provisions of this Agreement. 24. SEVERABILITY/PARTIAL INVALIDITY If any term or provision of this Agreement, or their application to a particular situation, is found by the court to be void, invalid, illegal, or unenforceable, such term or provision shall remain in force and effect to the extent allowed by such ruling. All other terms and provisions of this Agreement or their application to specific situations shall remain in full force and effect. The Parties agree to work in good faith to amend this Agreement to carry out its intent. Junipero Serra Trail Project Page 8 of 9 Professional/Consulting Contracts /Version: August 2021 25. SURVIVAL All provisions which by their nature must continue after the Agreement expires or is terminated, including the Indemnification, Ownership of Materials/Work Product, Records, Governing Law, and Attorney Fees, shall survive the Agreement and remain in full force and effect. 26. NOTICES All notices, requests and approvals must be sent in writing to the persons below, which will be considered effective on the date of personal delivery or the date confirmed by a reputable overnight delivery service, on the fifth calendar day after deposit in the United States Mail, postage prepaid, registered or certified, or the next business day following electronic submission: To City of Cupertino Office of the City Manager 10300 Torre Ave. Cupertino, CA 95014 Attention: Evelyn Moran Email: evelynm@cupertino.org To Contractor: MIG, Inc 2055 Junction Ave., Suite 205 San Jose, CA 95131 Attention: Mike Campbell Email: MCampbell@migcom.com 27. EXECUTION The person executing this Agreement on behalf of Contractor represents and warrants that Contractor has full right, power, and authority to enter into and carry out all actions contemplated by this Agreement and that he or she is authorized to execute this Agreement, which constitutes a legally binding obligation of Contractor. This Agreement may be executed in counterparts, each one of which is deemed an original and all of which, taken together, constitute a single binding instrument. IN WITNESS WHEREOF, the parties have caused the Agreement to be executed. CITY OF CUPERTINO CONTRACTOR A Municipal Corporation By By Name Name Title Title Date Date Paula Hartman Principal Sep 30, 2021 Paula Hartman Sep 30, 2021 Assistant Director of Public Works - Operations Jimmy Tan, P.E. Junipero Serra Trail Project Page 9 of 9 Professional/Consulting Contracts /Version: August 2021 APPROVED AS TO FORM: CHRISTOPHER D. JENSEN Cupertino City Attorney ATTEST: KIRSTEN SQUARCIA City Clerk Date Christopher D. Jensen Sep 30, 2021 August 25, 2021 Evelyn Moran, Public Works Project Manager City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Subject: Proposal for CEQA Services – Junipero Serra Trail (MIG project 47606.01) Dear Ms. Moran: MIG is pleased to provide this scope of work and cost estimate for environmental services related to the City’s proposed Junipero Serra Trail project. The following describes our understanding of the project and presents our scope of work for CEQA services, including technical reports in biology, cultural resources, and traffic safety Project Understanding The Junipero Serra Trail was originally approved in 2016 as part of the City’s Bicycle Transportation Plan and supplemented in 2018 with the City’s Pedestrian Transportation Plan. The 2.91‐mile trail is intended to be the northern segment of a larger community‐wide loop of on and off‐street bicycle facilities (“The Loop”). The Junipero Serra Trail lies almost entirely within Valley Water rights‐of‐way along the existing maintenance road that follows the Junipero Serra Channel on the south side of Interstate 280 from Mary Avenue at the western extent to the intersection of Calabazas Creek and Vallco Parkway at the eastern extent. The trail would create an important east‐west off‐street trail across the heart of the City that serves recreational users, commuters, school children, and bicyclists. The focus of this scope of work is on the CEQA review process for the central and eastern segments of the trail, from DeAnza Boulevard on the west to the Calabazas Creek Trailhead on the east. Approach MIG assumes the project will qualify for an Initial Study/Mitigated Negative Declaration under CEQA and will prepare an analysis of the project according to the CEQA Guidelines and City of Cupertino requirements. We will use the Initial Study (IS) Checklist provided in Appendix G of the CEQA Guidelines. The IS will contain a comprehensive project description, complete responses to the IS Checklist questions, and recommendation of mitigation measures as necessary. MIG’s scope of work includes preparation of response to public comments, a Mitigation Monitoring and Reporting Plan (MMRP) should mitigation measures be incorporated into the project, and preparation of CEQA notices. MIG’s scope of work also includes resource agency permitting as described in Task 6. Because the trail alignment is likely located within areas of the City that are considered archaeologically sensitive, MIG has teamed with Basin Research Associates, Inc. for the preparation of an archaeological report that will serve as the basis for our analysis of potential cultural resource impacts. We are also teaming with Hexagon Transportation Consultants for the preparation of Pedestrian, Bicycle and Vehicle Safety Analysis. Our scope of work is based on the following assumptions: Exhibits A, B, & C Ms. Evelyn Moran CEQA Services for the Junipero Serra Trail Project 2MIG, Inc. 1. The City will conduct public outreach meetings which MIG CEQA staff will attend remotely. 2. Hexagon will prepare a Pedestrian, Bicycle, and Vehicle Safety Analysis as described below. 3. Basin research Associates, Inc. will prepare an archaeological report, described below, including a California Historical Resource Information System (CHRIS) search with the Northwest Information Center (NWIC) for known archaeological and historic resources within the local vicinity of the project site. A Sacred Lands File (SLF) search will also be conducted with the Native American Heritage Commission (NAHC) to identify potential cultural tribal resources in the vicinity. Basin will send out letters on behalf of the City to any tribes identified by the NAHC. Our budget does not include consultation with tribes. 4. MIG will prepare a stand‐alone Biological Resources Report that will be used for the CEQA analysis and resource agency permits (Regional Water Quality Control Board, California Department of Fish and Wildlife, Valley Water). The project description prepared to support the environmental impact analysis will provide a thorough description of the existing site conditions, all features of the proposed construction and design plans, all planning actions required to permit the project, and a comprehensive list of Best Management Practices or Standard Conditions of Approval that would be incorporated into the project to reduce environmental impacts. The impact analysis will describe all potential impacts and recommend mitigation measures as appropriate. Because of the complexity of the project features, the site being located adjacent to the Junipero Serra Channel, and the potential for agency permitting requirements, we have estimated a fair level of effort to prepare this Initial Study. Additionally, our budget allocates 50 hours for response to comments as the project may generate public interest and a significant number of comments. We have assumed that there will be a 30‐day public comment period and the document will be sent to the State Clearinghouse (SCH) (through e‐filing). We have also included twelve hours for the Senior Project Manager to attend public meetings/hearings. Our approach assumes the City will be responsible for all CEQA noticing requirements and distribution of the IS/MND. Scope of Work We propose the following tasks for preparation of the Initial Study: Task 1. Project Initiation/Kickoff Meeting/Site Visit Upon authorization to proceed, MIG will set up and participate in a project team kickoff meeting with City staff to go over project goals and milestones, schedules, and other significant project issues. Following the kickoff meeting, MIG will coordinate a site visit and prepare a data request. The site visit will allow us to gain an understanding of the project context, to document project site conditions for the project description and to document conditions of concern for the environmental analysis. During this task MIG staff would prepare a comprehensive data request outlining the information needed to support the Initial Study impact analysis. MIG would also begin to collect available project information (documents, maps, reports, etc.). Task Deliverables: 1. Kickoff meeting 2. Site Visit 3. Data Request (electronic copy only) Ms. Evelyn Moran CEQA Services for the Junipero Serra Trail Project 3MIG, Inc. Task 2. Biological Resources Report MIG biologists will prepare a biological resources technical report that will be an appendix to the Initial Study and use that report to provide the biological setting and impact analysis in the Initial Study. The report will be based on a site survey, database research, our knowledge of Cupertino and the West Valley watersheds, and independent review of existing biological studies in the area. The biological resources report will explain the physical and regulatory setting of the trail alignment. This will include topography, water features, and vegetation types. We will explain which special‐status species occur in the area, and whether suitable habitat for these species occurs on or adjacent to the project. With in‐house expertise to delineate jurisdictional waters (including wetlands), we will identify whether any water features on site fall within the jurisdiction of the California Department of Fish and Wildlife (FGC 1600), Regional Water Quality Control Board (CWA 401 and Porter‐Cologne), or U.S. Army Corps of Engineers (CWA 404). The biological resources report will be used as the basis for the preparation of the memorandum on jurisdictional boundaries and permit requirements described in Task 6. The biological resources report will include an assessment of potential project impacts, including the impacts and regulatory requirements of a culvert alternative that has been suggested by the community. The analysis will address the CEQA checklist questions for biology. Task 3. Prepare Initial Study Task 3a. Prepare Administrative Draft Initial Study MIG will submit an Administrative Draft Initial Study/Mitigated Negative Declaration (IS/MND) for review by the City. The following explanation details each section of the IS: Introduction – The Introduction section will describe the purpose and organization of the IS, the need for the IS pursuant to CEQA Guidelines, and the intent of the document. Project Description – The Project Description will serve as the basis for all subsequent analysis of environmental impacts and thus is an essential chapter of the IS. The project description will provide a thorough and comprehensive description of all aspects of the proposed project including project purpose, design, construction and operation, project timing and duration, and permits and approvals required for the project. CEQA Checklist – MIG will describe physical changes to the environment that would result from construction and operation of the project by answering the questions in the IS checklist contained in Appendix G of the State CEQA Guidelines (14 CCR 15000 et seq). MIG anticipates that the project impacts are primarily related to construction air quality and greenhouse gas emissions, biological resources and tree removal, and adequate management of construction and post‐construction stormwater runoff from the trail. We anticipate our greatest level of effort will focus on the following areas of impact analysis: Air Quality and Greenhouse Gas Emissions, Biological Resources, Cultural Resources, Hydrology / Water Quality / Stormwater Management, Noise, and Traffic Safety. An outline of the approach and potential impacts for each of these sections is included below. Air Quality: The air quality impacts of the proposed project would be primarily generated during the construction of the project. MIG proposes to prepare a clear and concise air quality impact assessment that evaluates and quantifies the project’s Ms. Evelyn Moran CEQA Services for the Junipero Serra Trail Project 4MIG, Inc. potential impacts in accordance with the Bay Area Air Quality Management District’s (BAAQMD) CEQA Air Quality Guidelines. The analysis would focus on the amount of emissions of criteria air pollutants (e.g., particulate matter, or PM, and oxides of nitrogen, or NOx) and toxic air contaminants (TACs) that would be generated by project construction and operation. MIG would use the California Emissions Estimator Model (CalEEMod) to quantify project emissions and compare project emissions levels against the latest CEQA significance thresholds recommended for use by the BAAQMD. MIG anticipates the project would need to incorporate best management practices and/or mitigation measures to reduce project construction emissions, particularly fugitive dust emissions, to less than significant levels. Biological Resources: The biological analysis in the Initial Study will be based on the Biological Resources Report described under Task 2. It will state whether the proposed project will impact special‐status species or sensitive habitats (including riparian and wetland), interfere with wildlife movement, or conflict with policies protecting biological resources. We will identify mitigation measures necessary to reduce the impacts to less than significant levels, and if there are any impacts that would remain significant after mitigation. Cultural Resources/Tribal Resources: Basin Research Associates (Basin) will prepare an Archaeological Resources Assessment Report that will identify resources within the proposed project alignment. In addition, Basin will use information obtained on the location, type, and distribution of any resources to assist in the review of potential project impacts and the development of appropriate mitigation actions including the evaluation of any potential resources identified by research. Specific tasks included in Basin’s scope of work will include: (1) a non‐expedited records search of a 1,000‐foot buffer of the proposed alignment to be conducted by the California Historical Resources File System, Northwest Information Center; (2) a review of various published compendiums including the National Register of Historic Places and California Register of Historical Resources as well as archival literature and records on file with Basin; (3) the development of a summary prehistoric and historic context; (4) a request to the Native American Heritage Commission for a review of the Sacred Lands Inventory; (5) outreach consultation with Native Americans recommended by the Native American Heritage Commission; and, (6) a field review of the alignment by a professional archaeologist. Basin will also be available on a very limited basis to assist the City with any AB 52 consultation if required. Greenhouse Gases: MIG would prepare an analysis that evaluates the proposed project’s potential greenhouse gas (GHG) impacts. The analysis would evaluate whether the proposed project would generate GHG emissions that would have a significant impact on the environment or conflict with an applicable plan, policy, or regulation adopted for the purposes of reducing GHG emissions, including the City’s adopted Climate Action Plan. MIG will use CalEEMod to estimate (i.e., quantify) the net increase in GHG emissions generated by the construction and operation of the proposed project (the same model run would be used to estimate emissions for the proposed IS air quality analysis). The resulting emissions estimates would be compared to CEQA significance thresholds maintained by the BAAQMD, as well as a project specific GHG emission reduction goal used to demonstrate progress toward the State’s 2030 GHG emissions reduction goal established under Senate Bill 32 and evaluated in the context Ms. Evelyn Moran CEQA Services for the Junipero Serra Trail Project 5MIG, Inc. of their consistency with state, regional, and local plans for reducing GHG emissions, including the City’s Climate Action Plan. Hydrology and Water Quality: Potential impacts to surface water quality could occur both during and after construction without proper design and implementation of erosion, stormwater runoff, and drainage controls. MIG will assess potential water quality impacts related to construction and recommend best management practices or mitigation measures if impacts are potentially significant. The analysis will include a description of construction as well as post‐construction stormwater runoff controls. The analysis assumes the project will comply with applicable provisions of the Municipal Regional Stormwater Permit, statewide Construction General Permit, and City regulations related to runoff pollution prevention, as well as any applicable Valley Water requirements. Noise: Project construction would generate short‐term construction noise and vibration with most noise and vibration being generated during the grading/excavation phase of the project. The site is adjacent to sensitive residential, school, and park land uses. The project would adhere to the City’s noise ordinance to minimize noise impacts during construction and additional mitigation may be recommended if the impact analysis identifies potentially significant noise or vibration impacts to sensitive land uses. Transportation: Hexagon Transportation Consultants, Inc. (Hexagon) will prepare an analysis of pedestrian, bicycle, and vehicle safety effects for the proposed Junipero Serra Trail. The scope of work is summarized below: 1. Roadway Interface. Potential conflict points with the trail and the following streets will be reviewed: N. Blaney Avenue, Wolfe Road (Perimeter Road), and Vallco Parkway. The study will identify how the crossings can be made safe for pedestrians and bicycles at these streets and will recommend intersection improvements if necessary. Any recommendations will be shown on conceptual plans. 2. Trail Access. A review will be conducted of the Junipero Sera Trail overview to analyze potential trailheads and access points via existing bicycle facilities and/or sidewalks. Available parking will be identified at the potential trailheads. 3. Reports and Response to Comments. Hexagon’s findings and recommendations will be summarized in a draft report. Hexagon will respond to editorial comments and prepare a final report. 4. Meetings. (optional) For an additional fee, Hexagon will attend one TAC meeting and one public hearing with the project team and/or City staff in conjunction with this study. Additional Services. Any work not specifically referenced in the above cope of work – for example (but not limited to) analyzing intersections, conducting turning‐movement counts, collecting average daily traffic volume data (i.e., tube counts) – shall be considered additional services. Additional services shall be provided upon authorization and will require additional budget and time. MIG’s cost estimate assumes there will be only one round of administrative review prior to finalization of the IS/MND. If more administrative drafts are required, the cost of additional time and materials will be subject to additional compensation and an amendment to the scope Ms. Evelyn Moran CEQA Services for the Junipero Serra Trail Project 6MIG, Inc. of work. Additionally, the scope does not cover new or revised analysis needed to address changes to the project after start of work. Task Deliverables: 1. Draft and Final Pedestrian, Bicycle, and Vehicle Safety Analysis 2. Draft and Final Archaeology Report 3. Administrative Draft Initial Study (electronic copy only) Task 3b. Prepare Public Draft Initial Study/Mitigated Negative Declaration MIG will address any comments from the City on the Administrative Draft IS and then produce a Screen Check document for final City approval. Once the Screen Check document is approved MIG will prepare the Public Draft IS/MND for public circulation. MIG will provide the City with a PDF version so the City can post it on the City’s website. MIG will prepare the Notice of Intent (NOI) to Adopt the IS that the City can use to fulfill the public noticing requirements of CEQA Guidelines Section 15072.MIG will also prepare a Notice of Completion (NOC) and coordinate with the City to upload the document to the State Clearinghouse portal. Task Deliverables: 1. Screen Check IS/MND (electronic copy) 2. Public Draft Initial Study / Mitigated Negative Declaration (electronic copy) 3. Prepare draft Notice of Intent and Notice of Completion Task 3c. Prepare Final IS/MND, MMRP, and Notice of Determination Following conclusion of the 30‐day public review period, MIG will prepare an Administrative Draft Response to Comments that will contain a summary of all comments received during the public comment period (with an alpha‐numeric ID for each individual comment), responses to comments, and changes to the Draft IS text or errata as necessary. Because we anticipate this project may generate public interest and comment, we have allocated 50 hours for this task. Should the volume of comments received require more than 50 hours to reply to, or the comments necessitate additional project impact analysis, MIG would request additional budget to complete the task. If only a small number of comments are received MIG’s contract is a time and materials contract, and we would only bill the hours spent on this task. The Response to Comments will be provided as a draft to the City for review and comment. Upon receipt of City comments, we will prepare a Screen Check document for approval, and then provide the final document to the City. Concurrent with the preparation of the Response to Comments, MIG will finalize the MMRP. The MMRP will compile all BMPs and mitigation measures included in the IS to reduce or avoid significant impacts, and will identify the timing of the measure, the entity responsible for implementing the measure, and the method for verifying implementation of the measure. MIG will also prepare a Notice of Determination for the City to finalize and submit to the County Clerk’s office and the State Office of Planning and Research. Task Deliverables: 1. Response to Comments and prepare Initial Study errata, draft, screen check and final (electronic copies) 2. Final Mitigation Monitoring and Reporting Plan (electronic copy) Ms. Evelyn Moran CEQA Services for the Junipero Serra Trail Project 7MIG, Inc. 3. Notice of Determination (electronic copy) Task 4: Attend Public Meetings/Hearings The MIG Senior Project Manager will attend one remote TAC meeting and one remote community meeting held by the City (estimated at 2 hours per meeting) and two remote public hearings. Eight hours have been allocated for preparation and attendance at the public hearings (4 hours per meeting). In addition to the public meetings and hearings, the MIG Senior Project Manager and Project Manager will attend one remote CEQA Kickoff meeting with City staff, as described in Task 1 (estimated at 1 hr.) Task 5: Project Management The MIG Senior Project Manager will be the primary point of contact with the City and would keep the City apprised of project progress. If issues arise that would affect the schedule or budget, the Senior Project Manager would immediately inform the City and discuss the best approach to resolving issues. MIG has allocated budget for subconsultant management, client communication, team conference calls, and staff coordination to ensure we can communicate clearly and effectively. Additionally, this budget covers implementing our quality control review process and administrative time for contracting. Task 6: Resource Agency Permitting Portions of the proposed trail are located within state resource agency jurisdictions, including the Regional Water Quality Control Board (RWQCB), the California Department of Fish and Wildlife (CDFW), and Valley Water. There is also a culvert alternative that will be described in the Biological Resources Report that would trigger an additional permit from the U.S. Army Corps of Engineers (USACE) if that alternative was pursued. MIG proposes to request an Interagency Meeting hosted by the USACE and attended by the other resource agencies. We first prepare an application that describes the project so the agency personnel can review it before the meeting. The City or MIG will then briefly present the project in the meeting. The purpose of the meeting is to obtain informal comment from the resource agencies about the project and permit requirements, including mitigation. We have included time for teleconferences with the City before and after the meeting. Prior to preparing the permit applications MIG will prepare a Jurisdictional Delineation and determine the area of the project that is within each agency’s jurisdiction. We will then prepare the Notification of Lake or Streambed Alteration for CDFW, a Notice of Intent for RWQCB, and an encroachment permit application for Valley Water. The applications are submitted online, and the City will be responsible for paying all permit fees directly. In this scope of work and budget we have assumed that a Clean Water Act 404 permit from the USACE will not be pursued. If it is, then we will request an amended budget to prepare a USACE Preliminary Delineation of Waters of the U.S. and have it verified by the USACE, a Section 106 cultural resources report, a biological assessment for impacts to federally listed species, the permit application, and permit follow up. If a USACE permit is pursued it will change the RWQCB application from a Notice of Intent to a 401 Water Quality Certification (WQC), but the application materials are essentially the same. The difference is that with a 401 WQC, a pre‐filing meeting with the RWQCB is required 30 days before the application can be submitted, so there could be a schedule impact. Ms. Evelyn Moran CEQA Services for the Junipero Serra Trail Project 8MIG, Inc. Once the permits are submitted MIG staff will follow up with the agencies on a regular basis and respond to questions they have as they prepare the permits. MIG can prepare an estimated permit schedule for the City at that time. The state agency permits cannot legally be issued until the CEQA process is completed. Schedule An example schedule for work product deliverables is presented in Table 1. MIG proposes to submit the Administrative Draft Initial Study (Task 2) for City review within 10 weeks from the start of work. The Task 2 schedule is subject to change, depending on the timing of receipt of the subconsultants’ reports. Our budget assumes completion of our work products within the period of time presented in the schedule section of this scope of work. Extended delays or stopping and starting work multiple times can lead to additional project administration/management time not anticipated in our budget. Should these situations arise, we may request a budget amendment. Table 1 Tentative Schedule for Deliverables Task or Deliverable Weeks to Complete Total Weeks 0 Task 1: Initiate Project/Site Visit, authorize subconsultants (Basin Research Associates, Hexagon Transportation Consultants) and Delivery of Data Request 14 days from Authorization to Proceed 2 Tasks 2 and 3a: Prepare Technical Reports and Administrative Draft IS) 10 weeks 12 City Review of Admin. Draft IS and Technical Reports 4 weeks 16 Tasks 3b and 6: Prepare Public Draft IS and Permit Applications ‐‐ ‐‐ Prepare Screen Check Document 1 week 17 City Review of Screen Check 1 week 18 Prepare Public Draft IS/MND 1 week 19 30‐day Public Review Period 30 days 23 Task 3c: Prepare Final IS/MND and City review Permit Applications 2 weeks 25 City Review of Admin Draft Final IS/MND and submit Permit Applications 2 weeks 27 Task 4: Public Hearing TBD TBD Notice of Determination Filed Must be filed within five working days after Board adoption of MND and approval of the project Ms. Evelyn Moran CEQA Services for the Junipero Serra Trail Project 9MIG, Inc. Budget MIG will perform the services outlined in this scope of work for the fees summarized in the cost table below. The cost table is based on our understanding of the project and the limitations identified below as factors triggering an increase in cost. If unforeseen conditions are encountered, or if we experience delays or circumstances beyond our control, we will notify the City immediately to discuss modifications to the scope of services and/or project fees. We have included an Optional Contingency Budget which could be used to address unanticipated situations during the CEQA process and would only be used with the City’s express authorization. MIG will only bill up to the approved budget. We will not exceed the approved budget without prior approval, however we reserve the right to exceed task budgets as long as the total budget is not exceeded. With approval, additional services that are not outlined in this proposal will be charged on a time‐and‐expense basis according to the Billing Rate included in MIG’s On Call service agreement with the City. Payment for services shall be due upon receipt of MIG’s monthly invoice. Table 2. Cost Estimate Task Total Hours Total Cost Task 1: Project Initiation 47 $7,030 Task 2: Biological Resources Report 86 $11,000 Task 3a: Prepare Draft Initial Study 234 $30,058 Task 3b: Prepare Public Draft Initial Study 49 $6,525 Task 3c: Final IS/MND, MMRP, CEQA Notices 60 $8,020 Task 4: Meetings and Hearings 38 $7,170 Task 5: Project Management 80 $13,200 Task 6. Resource Agency Permitting 198 $26,800 TOTAL MIG Labor Hrs. 792 TOTAL MIG Labor Cost $109,803 Total Expenses $13,887 Basin Research Associates $7,052 Hexagon Transportation Consultants $4,950 Printing/Postage/Fed Ex $1,733 Mileage $102 Noise meter $50 TOTAL MIG BASE COST (Labor + Exp) $123,690 Grand Total $123,690 Ms. Evelyn Moran CEQA Services for the Junipero Serra Trail Project 10MIG, Inc. Factors that Would Trigger an Increase in Cost 1. Meetings and Hearings. Our scope provides for attendance at one TAC meeting and one community meeting held by the City (2 hours per meeting) two public hearings (4 hours each including preparation and attendance time), one Interagency Meeting, and two conference calls with City staff related to the Interagency Meeting. Attendance at additional public hearings or other meetings would be subject to additional compensation. Preparation of any presentation materials would also be subject to additional compensation. 2. Expense Estimates. Expense estimate includes mileage for the site visit. Should an unanticipated expense arise, MIG will obtain authorization for the expense. 3. Permit Fees. The City will pay permit fees directly to the agencies. The budget does not include permit fees. 3. Administrative Drafts. The cost estimate also assumes there will be only one round of administrative review prior to finalization of the IS/MND, technical reports and permit applications. If more administrative drafts are required, the cost of additional time and materials will be subject to additional compensation and an amendment to the scope of work. We also anticipate one consolidated set of comments from the City. 4. Project Information or Changes in Project. The scope does not cover new or revised analysis needed to address changes to the project after start of work. 5. Other Technical Studies. Other than the Traffic Study and the Cultural Resources report, no other technical reports are anticipated. Detailed air quality, GHG and noise analyses will be prepared by MIG staff experts in‐house. 6. Public Notices and Filing. The scope of work assumes MIG will provide drafts of CEQA Notice of Intent, Notice of Completion and Notice of Determination but that the City will file the notices with the County Clerk’s Office. As stated under Task 3, the City will be responsible for posting public notice consistent with CEQA requirements. 7. Hard Copies. We have not budgeted for the preparation of hard copy documents. If hard copies are required, we may request a budget amendment. 8. Schedule Delay. Our budget assumes completion of our work products within the period of time presented in the schedule section of this scope of work. Extended delays or stopping and starting work multiple times can lead to additional project administration/management time not anticipated in our budget. Should these situations arise, we may request a budget amendment. Thank you for contacting MIG for this scope of service. We welcome the opportunity to work with the City of Cupertino again. If you have any questions regarding this proposal, please contact me at your convenience. Sincerely, Mike Campbell Director of Environmental Analysis Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts 1 Form Updated Sept. 2019 Consultant shall procure prior to commencement of Services and maintain for the duration of the contract, at its own cost and expense, the following insurance policies and coverage with companies doing business in California and acceptable to City. INSURANCE POLICIES AND MINIMUMS REQUIRED 1. Commercial General Liability (CGL) for bodily injury, property damage, personal injury liability for premises operations, products and completed operations, contractual liability, and personal and advertising injury with limits no less than $2,000,000 per occurrence (ISO Form CG 00 01). If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO Form CG 25 03 or 25 04) or it shall be twice the required occurrence limit. a. It shall be a requirement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be (i) the minimum coverage/limits specified in this agreement; or (ii) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. b. Additional Insured coverage under Consultant's policy shall be "primary and non-contributory," will not seek contribution from City’s insurance/self-insurance, and shall be at least as broad as ISO Form CG 20 10 (04/13). c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess insurance, provided each policy complies with the requirements set forth in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary basis for the benefit of City before the City’s own insurance or self- insurance shall be called upon to protect City as a named insured. 2. Automobile Liability: ISO CA 00 01 covering any auto (including owned, hired, and non-owned autos) with limits no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers’ Compensation: As required by the State of California, with Statutory Limits and Employer’s Liability Insurance of no less than $1,000,000 per occurrence for bodily injury or disease. Not required. Consultant has provided written verification of no employees. 4. Professional Liability for professional acts, errors and omissions, as appropriate to Consultant’s profession, with limits no less than $2,000,000 per occurrence or $2,000,000 aggregate. If written on a claims made form: a. The Retroactive Date must be shown and must be before the Effective Date of the Contract. b. Insurance must be maintained for at least five (5) years after completion of the Services. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Contract Effective Date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the Services. EXHIBIT D Insurance Requirements Design Professionals & Consultants Contracts Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts 2 Form Updated Sept. 2019 OTHER INSURANCE PROVISIONS The aforementioned insurance shall be endorsed and have all the following conditions and provisions: Additional Insured Status The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers (“Additional Insureds”) are to be covered as additional insureds on Consultant’s CGL and automobile liability policies. General Liability coverage can be provided in the form of an endorsement to Consultant’s insurance (at least as broad as ISO Form CG 20 10 (11/ 85) or both CG 20 10 and CG 20 37 forms, if later editions are used). Primary Coverage Coverage afforded to City/Additional Insureds shall be primary insurance. Any insurance or self-insurance maintained by City, its officers, officials, employees, or volunteers shall be excess of Consultant’s insurance and shall not contribute to it. Notice of Cancellation Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums. Waiver of Subrogation Consultant waives any right to subrogation against City/Additional Insureds for recovery of damages to the extent said losses are covered by the insurance policies required herein. Specifically, the Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Consultant, its employees, agents and subconsultants. This provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Deductibles and Self-Insured Retentions Any deductible or self-insured retention must be declared to and approved by the City. At City’s option, either: the insurer must reduce or eliminate the deductible or self-insured retentions as respects the City/Additional Insureds; or Consultant must show proof of ability to pay losses and costs related investigations, claim administration and defense expenses. The policy shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the insured or the City. Acceptability of Insurers Insurers must be licensed to do business in California with an A.M. Best Rating of A-VII, or better. Verification of Coverage Consultant must furnish acceptable insurance certificates and mandatory endorsements (or copies of the policies effecting the coverage required by this Contract), and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements prior to commencement of the Contract. City retains the right to demand verification of compliance at any time during the Contract term. Subconsultants Consultant shall require and verify that all subconsultants maintain insurance that meet the requirements of this Contract, including naming the City as an additional insured on subconsultant’s insurance policies. Higher Insurance Limits If Consultant maintains broader coverage and/or higher limits than the minimums shown above, City shall be entitled to coverage for the higher insurance limits maintained by Consultant. Adequacy of Coverage City reserves the right to modify these insurance requirements/coverage based on the nature of the risk, prior experience, insurer or other special circumstances, with not less than ninety (90) days prior written notice. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 9/8/2021 AssuredPartners Design Professionals Insurance Services,LLC 3697 Mt.Diablo Blvd Suite 230 Lafayette CA 94549 The Certfiicate Team CertsDesignPro@AssuredPartners.com License#:6003745 Berkley Insurance Company 32603 MIGINC0-01 Travelers Property Casualty Company of America 25674MIG,Inc. 800 Hearst Ave Berkeley CA 94710 The Travelers Indemnity Company of Connecticut 25682 402484319 B X 1,000,000 X 1,000,000 X Contractual Liab 10,000 Included 1,000,000 2,000,000 X X Y Y 6801H899998 8/31/2021 8/31/2022 2,000,000 C 1,000,000 X X X Y Y BA0S579947 8/31/2021 8/31/2022 B X X 10,000,000YCUP0H7587628/31/2021Y 8/31/2022 10,000,000 X 0 B XYUB2L5539098/31/2021 8/31/2022 1,000,000 1,000,000 1,000,000 A Professional Liability N Y AEC904725003 8/31/2021 8/31/2022 Each Claim Annual Aggregate $3,000,000 $5,000,000 Umbrella Liability policy is a follow-form underlying General Liability/Auto Liability/Employers Liability. Re:Cupertino Junipero Serra Trail Project The City of Cupertino,its City Council,officers,officials,employees,agents,servants and volunteers are named as an additional insured as respects general liability and auto liability as required per written contract or agreement.General Liability is Primary/Non-Contributory per policy form wording.Insurance coverage includes waiver of subrogation per the attached endorsement(s). 30 Days Notice of Cancellation City of Cupertino 10300 Torre Ave. Cupertino CA 95014 ÐÑÔ×ÝÇÒËÓÞÛÎ COMMERCIAL GENERAL LIABILITY ISSUED DATE: ÌØ×ÍÛÒÜÑÎÍÛÓÛÒÌÝØßÒÙÛÍÌØÛÐÑÔ×ÝÇòÐÔÛßÍÛÎÛßÜ×ÌÝßÎÛÚËÔÔÇò ̸·»²¼±®»³»²¬³±¼·º·»·²«®¿²½»°®±ª·¼»¼«²¼»®¬¸»º±´´±©·²¹æ ÝÑÓÓÛÎÝ×ßÔÙÛÒÛÎßÔÔ×ßÞ×Ô×ÌÇÝÑÊÛÎßÙÛÐßÎÌ øײº±®³¿¬·±²®»¯«·®»¼¬±½±³°´»¬»¬¸·Í½¸»¼«´»ô·º²±¬¸±©²¿¾±ª»ô©·´´¾»¸±©²·²¬¸»Ü»½´¿®¿¬·±²ò÷ Í»½¬·±²×× É¸±×߲ײ«®»¼·¿³»²¼»¼¬±·²ó ̸··²«®¿²½»¼±»²±¬¿°°´§¬±þ¾±¼·´§·²¶«®§þ±® ½´«¼»¿¿²¿¼¼·¬·±²¿´·²«®»¼¬¸»°»®±²ø÷±® þ°®±°»®¬§¼¿³¿¹»þ±½½«®®·²¹ô±®°»®±²¿´·²¶«®§Œ ±®¹¿²·¦¿¬·±²ø÷¸±©²·²¬¸»Í½¸»¼«´»ô¾«¬±²´§ ±®¿¼ª»®¬··²¹·²¶«®§Œ¿®··²¹±«¬±º¿²±ºº»²» ©·¬¸®»°»½¬¬±´·¿¾·´·¬§º±®þ¾±¼·´§·²¶«®§þôþ°®±°»®¬§ ½±³³·¬¬»¼ô¿º¬»®æ ¼¿³¿¹»þôþ°»®±²¿´·²¶«®§Œ±®¿¼ª»®¬··²¹·²¶«®§þ ß´´©±®µô·²½´«¼·²¹³¿¬»®·¿´ô°¿®¬±®»¯«·°ó½¿«»¼ô·²©¸±´»±®·²°¿®¬ô¾§æ ³»²¬º«®²·¸»¼·²½±²²»½¬·±²©·¬¸«½¸©±®µô DZ«®¿½¬±®±³··±²å±®±²¬¸»°®±¶»½¬ø±¬¸»®¬¸¿²»®ª·½»ô³¿·²¬»ó ²¿²½»±®®»°¿·®÷¬±¾»°»®º±®³»¼¾§±®±²Ì¸»¿½¬±®±³··±²±º¬¸±»¿½¬·²¹±²§±«®¾»¸¿´º±º¬¸»¿¼¼·¬·±²¿´·²«®»¼ø÷¿¬¬¸»´±½¿ó¾»¸¿´ºå ¬·±²±º¬¸»½±ª»®»¼±°»®¿¬·±²¸¿¾»»²½±³ó·²¬¸»°»®º±®³¿²½»±º§±«®±²¹±·²¹±°»®¿¬·±²º±®°´»¬»¼å±®¬¸»¿¼¼·¬·±²¿´·²«®»¼ø÷¿¬¬¸»´±½¿¬·±²ø÷¼»·¹ó ̸¿¬°±®¬·±²±ºþ§±«®©±®µþ±«¬±º©¸·½¸¬¸»²¿¬»¼¿¾±ª»ò ·²¶«®§±®¼¿³¿¹»¿®·»¸¿¾»»²°«¬¬±·¬·²óÉ·¬¸®»°»½¬¬±¬¸»·²«®¿²½»¿ºº±®¼»¼¬±¬¸»»¬»²¼»¼«»¾§¿²§°»®±²±®±®¹¿²·¦¿¬·±²¿¼¼·¬·±²¿´·²«®»¼ô¬¸»º±´´±©·²¹¿¼¼·¬·±²¿´»¨½´«ó ±¬¸»®¬¸¿²¿²±¬¸»®½±²¬®¿½¬±®±®«¾½±²¬®¿½ó·±²¿°°´§æ ¬±®»²¹¿¹»¼·²°»®º±®³·²¹±°»®¿¬·±²º±®¿ °®·²½·°¿´¿¿°¿®¬±º¬¸»¿³»°®±¶»½¬ò ݱ°§®·¹¸¬îððë̸»Í¬òп«´Ì®¿ª»´»®Ý±³°¿²·»ôײ½òß´´®·¹¸¬®»»®ª»¼ò п¹»ï±ºï ײ½´«¼»½±°§®·¹¸¬»¼³¿¬»®·¿´±º×²«®¿²½»Í»®ª·½»Ñºº·½»ôײ½ò©·¬¸·¬°»®³··±²ò Any person or organization that you agree in a written contract, on this Coverage Part, provided that such written contract was signed and executed by you before, and is in effect when the "bodily injury" or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed. Any project to which an applicable written contract with the described in the Name of Additional Insured Person(s) or Organization(s) section of this Schedule applies. 6801H899998 9/8/2021 ÐÑÔ×ÝÇÒËÓÞÛÎæ COMMERCIAL GENERAL LIABILITY ISSUED DATE: ÌØ×ÍÛÒÜÑÎÍÛÓÛÒÌÝØßÒÙÛÍÌØÛÐÑÔ×ÝÇòÐÔÛßÍÛÎÛßÜ×ÌÝßÎÛÚËÔÔÇò ̸·»²¼±®»³»²¬³±¼·º·»·²«®¿²½»°®±ª·¼»¼«²¼»®¬¸»º±´´±©·²¹æ ÝÑÓÓÛÎÝ×ßÔÙÛÒÛÎßÔÔ×ßÞ×Ô×ÌÇÝÑÊÛÎßÙÛÐßÎÌ ×²º±®³¿¬·±²®»¯«·®»¼¬±½±³°´»¬»¬¸·Í½¸»¼«´»ô·º²±¬¸±©²¿¾±ª»ô©·´´¾»¸±©²·²¬¸»Ü»½´¿®¿¬·±²ò ·¿³»²¼»¼¬±·²ó ´±½¿¬·±²¼»·¹²¿¬»¼¿²¼¼»½®·¾»¼·²¬¸»½¸»¼«´»±º ½´«¼»¿¿²¿¼¼·¬·±²¿´·²«®»¼¬¸»°»®±²ø÷±®±®ó ¬¸·»²¼±®»³»²¬°»®º±®³»¼º±®¬¸¿¬¿¼¼·¬·±²¿´·²ó ¹¿²·¦¿¬·±²ø÷¸±©²·²¬¸»Í½¸»¼«´»ô¾«¬±²´§©·¬¸ «®»¼¿²¼·²½´«¼»¼·²¬¸»þ°®±¼«½¬ó½±³°´»¬»¼±°»®¿ó ®»°»½¬¬±´·¿¾·´·¬§º±®þ¾±¼·´§·²¶«®§þ±®þ°®±°»®¬§¼¿³ó ¬·±²¸¿¦¿®¼þò ¿¹»þ½¿«»¼ô·²©¸±´»±®·²°¿®¬ô¾§þ§±«®©±®µþ¿¬¬¸» ×ÍÑЮ±°»®¬·»ôײ½òôîððì п¹»ï±ºï Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part for "bodily injury" or "property damage" included in the "products- completed operations hazard", provided that such contract was signed and executed by you before, and is in effect when, the bodily injury or property damage occurs. Any project to which an applicable contract described in the Name of Additional Insured Person(s) or Organization(s) section of this Schedule applies. 9/8/20216801H899998 COMMERCIAL GENERAL LIABILITY c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this methoo, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. d. Primary And Non-Contributory Insurance If Required By Written Contract If you specifically agree in a written contract or agreement that the insurance afforded to an insured under this Coverage Part must apply on a primary basis, or a primary and non- contributory basis. this insurance is primary to other insurance that is available to such insured which covers such insured as a named insured, and we will not share with that other insurance, provided that: (1) The "bodily injury'' or "property damage" for which coverage is sought occurs; and (2) The "personal and advertising injury" for which coverage is sought is caused by an offense that is committed; subsequent to the signing of that contract or agreement by you. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit perioo we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation , and send us copies at such times as we may request. 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. The unintentional omission of, or unintentional error in, any information provided by you which we relied upon in issuing this policy will not prejudice your rights under this insurance. However, this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or nonrenewal in accordance with applicable insurance laws or regulations. 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written not ice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V -DEFINITIONS 1. "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition: a. Notices that are published include material placed on the Internet or on similar electronic means of communication; and b. Regarding websites, only that part of a website that is about your goods, prooucts or services for the purposes of attracting customers or supporters is considered an advertisement. Page 16 of 21 © 2017 The Travelers Indemnity Company. All rights reserved. CG T1000219 Includes copyrighted material of Insurance Services Office, Inc. with its permiss ion. Policy #6801H899998 6801H8999986801H899998 COMMERCIAL GENERAL LIABILITY that is available to any of your "employees"occupational therapist or occupational for "bodily injury" that arises out of providingtherapy assistant, physical therapist or or failing to provide "incidental medicalspeech-language pathologist; or services" to any person to the extent not(b)First aid or "Good Samaritan services"subject to Paragraph 2.a.(1)of Section II –by any of your "employees" or "volunteer Who Is An Insured.workers", other than an employed or volunteer doctor. Any such "employees"K. MEDICAL PAYMENTS – INCREASED LIMIT or "volunteer workers" providing or failing The following replaces Paragraph 7.ofto provide first aid or "Good Samaritan SECTION III – LIMITS OF INSURANCE:services" during their work hours for you 7.Subject to Paragraph 5.above, the Medicalwill be deemed to be acting within the scope of their employment by you or Expense Limit is the most we will pay under performing duties related to the conduct Coverage C for all medical expenses of your business.because of "bodily injury" sustained by any one person, and will be the higher of:3.The following replaces the last sentence of Paragraph 5.of SECTION III – LIMITS OF a.$10,000; orINSURANCE: b.The amount shown in the Declarations ofFor the purposes of determining the this Coverage Part for Medical Expenseapplicable Each Occurrence Limit, all related Limit.acts or omissions committed in providing or failing to provide "incidental medical L. AMENDMENT OF EXCESS INSURANCE services", first aid or "Good Samaritan CONDITION – PROFESSIONAL LIABILITYservices" to any one person will be deemed The following is added to Paragraph 4.b.,to be one "occurrence".Excess Insurance, of SECTION IV –4.The following exclusion is added to COMMERCIAL GENERAL LIABILITYParagraph2.,Exclusions, of SECTION I –CONDITIONS: COVERAGES – COVERAGE A – BODILY This insurance is excess over any of the otherINJURY AND PROPERTY DAMAGE insurance, whether primary, excess, contingentLIABILITY:or on any other basis, that is ProfessionalSale Of Pharmaceuticals Liability or similar coverage, to the extent the "Bodily injury" or "property damage" arising loss is not subject to the professional services out of the violation of a penal statute or exclusion of Coverage A or Coverage B. ordinance relating to the sale of M. BLANKET WAIVER OF SUBROGATION –pharmaceuticals committed by, or with the WHEN REQUIRED BY WRITTEN CONTRACTknowledge or consent of the insured.OR AGREEMENT5.The following is added to the DEFINITIONS The following is added to Paragraph 8.,TransferSection: Of Rights Of Recovery Against Others To Us,"Incidental medical services" means:of SECTION IV – COMMERCIAL GENERAL a.Medical, surgical, dental, laboratory, x-LIABILITY CONDITIONS: ray or nursing service or treatment,If the insured has agreed in a written contract oradvice or instruction, or the related agreement to waive that insured's right offurnishing of food or beverages; or recovery against any person or organization, we b.The furnishing or dispensing of drugs or waive our right of recovery against such personmedical, dental, or surgical supplies or or organization, but only for payments we makeappliances.because of: 6.The following is added to Paragraph 4.b.,a."Bodily injury" or "property damage" thatExcess Insurance, of SECTION IV –occurs; orCOMMERCIAL GENERAL LIABILITY b."Personal and advertising injury" caused byCONDITIONS: an offense that is committed;This insurance is excess over any valid and subsequent to the signing of that contract orcollectible other insurance, whether primary, excess, contingent or on any other basis,agreement. CG D3 79 02 19 ú 2017 The Travelers Indemnity Company. All rights reserved.Page 5 of 6 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Policy #6801H899998 COMM RCI L AUTOE A T IS ENDORSEMENT CHANGES T E POLICY.PL ASE READ IT CAREFULLY.H H E BLANKET ADDITIONAL INSURED Thi e dorseme t m d fie i surance prov ded under he f l o ing:s n n o i s n i t o l w BUS NE S A TO OV RAGE F RMI S U C E O M TO CA RI R COV RA E F RMO R R E E G O The fo lo ing i added to Parag aphl w s r c.in A.1.,Who be ween you and that pe son or organiza ion,that istrt Is An Insu edr,of SECTION II CO E ED AU OV R T S si ned by yo be o e the "bodi y injury or "prope tyg u f r l " r L ABI I Y CO E AGEI L T V R in the BUSIN SS AUTE O dam ge occur and that is in ef e t during the pol cya " s f c i CO ERAGE FO MVR and Pa agraphr e.in A.1.,Who Is pe iod,to nam as an addi ional insured fo Cov redretr e An Insu edr,of SECT ON II CO ERED AU OIV T S Auto Liabil ty Cov rage,but o ly fo dam ges tos i e n r a L ABI I Y CO ERAGEI L T V in the MOT R CARRIEOR whi h this insurance applie an only to the ex ent ocs d t f CO ERAGE FO MVR,whichev r Co erage Form i that perso 's o o ganizat o 'se v s n r r i n lia il ty fo the co ductb i r n pa t o y ur poli y o anot er "in ured".r f o c :f h s Thi i cl de any perso or organi ation who you ares n u s n z re ui ed unde a written cont a t o ag ee entq r r r c r r m CA 4 37 2 16T 0 ©2016 The Travelers Indemnity Company.All rights reserved.Page 1 of 1 Includes copyrighted material of nsurance Services OfIf ce,Inc.with its permis ion.i s Policy:BA0S579947 Policy#: BA0S579947 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM The following replaces Paragraph A.5.,Transfer of required of you by a written contract executed Rights Of Recovery Against Others To Us,of the prior to any "accident"or "loss",provided that the CONDITIONS Section:"accident"or "loss"arises out of the operations 5.Transfer Of Rights Of Recovery Against Oth-contemplated by such contract.The waiver ap- ers To Us plies only to the person or organization desig- nated in such contract.We waive any right of recovery we may have against any person or organization to the extent CA T3 40 02 15 ©2015 The Travelers Indemnity Company.All rights reserved.Page 1 of 1 Includes copyrighted material of Insurance Services Office,Inc.with its permission. Policy #BA0S579947 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 (A) POLICY NUMBER: WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy.We will not enforce our right against the person or organization named in the Schedule. The additional premium for this endorsement shall be %of the California workers'compensation pre- mium. Schedule Person or Organization Job Description This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Insurance Company Countersigned by DATE OF ISSUE:Page 1 of 1 Any Person or organization for which the insured has agreed by written contract executed prior to loss to furnish this waiver. UB2L553909 Travelers Property Casualty Company of America 9/8/2021 MIG First Amendment for Junipero Serra Trail Project Final Audit Report 2021-11-29 Created:2021-11-24 By:City of Cupertino (webmaster@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAAvNO4uPMg3FbAxi4D-2SC1S5z0AAhIBMM "MIG First Amendment for Junipero Serra Trail Project" History Document created by City of Cupertino (webmaster@cupertino.org) 2021-11-24 - 8:01:48 PM GMT- IP address: 35.229.54.2 Document emailed to Julia Kinst (juliak@cupertino.org) for approval 2021-11-24 - 8:03:48 PM GMT Document approved by Julia Kinst (juliak@cupertino.org) Approval Date: 2021-11-24 - 8:04:25 PM GMT - Time Source: server- IP address: 216.198.111.214 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2021-11-24 - 8:04:28 PM GMT Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2021-11-29 - 4:05:25 PM GMT - Time Source: server- IP address: 73.170.27.253 Document emailed to Paula Hartman (phartman@migcom.com) for signature 2021-11-29 - 4:05:30 PM GMT Email viewed by Paula Hartman (phartman@migcom.com) 2021-11-29 - 5:29:11 PM GMT- IP address: 104.11.214.14 Document e-signed by Paula Hartman (phartman@migcom.com) Signature Date: 2021-11-29 - 5:44:00 PM GMT - Time Source: server- IP address: 104.11.214.14 Document emailed to Christopher D. Jensen (christopherj@cupertino.org) for signature 2021-11-29 - 5:44:02 PM GMT Email viewed by Christopher D. Jensen (christopherj@cupertino.org) 2021-11-29 - 5:46:34 PM GMT- IP address: 104.47.45.254 Document e-signed by Christopher D. Jensen (christopherj@cupertino.org) Signature Date: 2021-11-29 - 5:47:06 PM GMT - Time Source: server- IP address: 136.24.42.212 Document emailed to Roger Lee (rogerl@cupertino.org) for signature 2021-11-29 - 5:47:09 PM GMT Email viewed by Roger Lee (rogerl@cupertino.org) 2021-11-29 - 8:03:22 PM GMT- IP address: 104.47.73.254 Document e-signed by Roger Lee (rogerl@cupertino.org) Signature Date: 2021-11-29 - 8:04:43 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature 2021-11-29 - 8:04:45 PM GMT Email viewed by Kirsten Squarcia (kirstens@cupertino.org) 2021-11-29 - 8:09:19 PM GMT- IP address: 104.47.46.254 Document e-signed by Kirsten Squarcia (kirstens@cupertino.org) Signature Date: 2021-11-29 - 8:09:28 PM GMT - Time Source: server- IP address: 162.245.20.145 Agreement completed. 2021-11-29 - 8:09:28 PM GMT