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25-084 Fehr & Peers for Conducting AB 747 Evacuation Route Capacity AssessmentPage 1 of 9 Professional/Consulting Contracts /Version: March 2025 PROFESSIONAL/CONSULTING SERVICES AGREEMENT 1. PARTIES This Agreement is made by and between the City of Cupertino, a municipal corporation (“City”), and Fehr & Peers (“Contractor”), a Corporation for Conducting AB 747 Evacuation Route Capacity Assessment, and is effective on the last date signed below (“Effective Date”). 2. SERVICES 2.1 Contractor agrees to provide the services and perform the tasks (“Services”) set forth in detail in Scope of Services, attached here and incorporated as Exhibit A. Contractor further agrees to carry out its work in compliance with any applicable local, State, or Federal order regarding COVID-19. 2.2 Contractor’s duties and services under this agreement shall not include preparing or assisting the City with any portion of the City’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the City. The City shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. Contractor’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. Contractor shall cooperate with the City to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by contractor pursuant to this agreement. 3. TIME OF PERFORMANCE 3.1 This Agreement begins on the Effective Date and ends on June 30, 2026 (“Contract Time”), unless terminated earlier as provided herein. The City’s appropriate department head or the City Manager may extend the Contract Time through a written amendment to this Agreement, provided such extension does not include additional contract funds. Extensions requiring additional contract funds are subject to the City’s purchasing policy. 3.2 Schedule of Performance. Contractor must deliver the Services in accordance with the Schedule of Performance, attached and incorporated herein as 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. Page 2 of 9 Professional/Consulting Contracts /Version: March 2025 4. COMPENSATION 4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Services in accordance with this Agreement an amount that will based on actual costs but that will be capped so as not to exceed $70,000.00 (“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 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 in accordance with the standard of care applicable to contractors providing similar services under similar circumstances to that of Contractor under this Agreement. 5.3 Permits and Licenses. Contractor warrants on behalf of itself and its subcontractors that they are properly licensed, registered, and/or certified to perform the Services as required by law and have procured a City Business License, if required by the Cupertino Municipal Code. 5.4 Subcontractors. Only Contractor’s employees are authorized to work under this Agreement. Prior written approval from City is required for any subcontractor, and the terms and conditions of this Agreement will apply to any approved subcontractor. 5.5 Tools, Materials, and Equipment. Contractor will supply all tools, materials and equipment required to perform the Services under this Agreement. 5.6 Payment of Benefits and Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor and any of its employees, agents, and subcontractors shall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, fees , contributions, or charges applicable to Contractor’s business including, but not limited to, federal and state income taxes. City shall have no obligation whatsoever to pay or withhold any taxes or benefits on behalf of Contractor. In the event Page 3 of 9 Professional/Consulting Contracts /Version: March 2025 that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement is determined by a court of competent jurisdiction, arbitrator, or administrative authority, including but not limited to the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City, and actual attorney’s fees incurred by City in connection with the above. 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. Contractor shall exercise the same standard of care to protect City information as a reasonably prudent contractor would use to protect its own proprietary data. 7. OWNERSHIP OF MATERIALS 7.1 Property Rights. Any interest (including copyright interests) of Contractor in any product, memoranda, study, report, map, plan, drawing, specification, data, record, document, or other information or work, in any medium (collectively, “Work Product”), prepared by Contractor in connection with this Agreement will be the exclusive property of the City upon completion of the work to be performed hereunder or upon termination of this Agreement, to the extent requested by City. In any case, no Work Product shall be shown to any third-party without prior written approval of City. 7.2 Copyright. To the extent permitted by Title 17 of the U.S. Code, all Work Product arising out of this Agreement is considered “works for hire” and all copyrights to the Work Product will be the property of City. Alternatively, Contractor assigns to City all Work Product copyrights. Contractor may use copies of the Work Product for promotion only with City’s written approval. 7.3 Patents and Licenses. Contractor must pay royalties or license fees required for authorized use of any third party intellectual property, including but not limited to patented, trademarked, or copyrighted intellectual property if incorporated into the Services or Work Product of this Agreement. 7.4 Re-Use of Work Product. Unless prohibited by law and without waiving any rights, City may use or modify the Work Product of Contractor or its sub-contractors prepared or created under this Agreement, to execute or implement any of the following: (a) The original Services for which Contractor was hired; (b) Completion of the original Services by others; (c) Subsequent additions to the original Services; and/or (d) Other City projects. Page 4 of 9 Professional/Consulting Contracts /Version: March 2025 7.5 Deliverables and Format. Contractor must provide electronic and hard copies of the Work Product, on recycled paper and copied on both sides, except for one single-sided original. 8. RECORDS Contractor must maintain complete and accurate accounting records relating to its performance in accordance with generally accepted accounting principles. The records must include detailed information of Contractor’s performance, benchmarks and deliverables, which must be available to City for review and audit. The records and supporting documents must be kept separate from other records and must be maintained for four (4) years from the date of City’s final payment. Contractor acknowledges that certain documents generated or received by Contractor in connection with the performance of this Agreement, including but not limited to correspondence between Contractor and any third party, are public records under the California Public Records Act, California Government Code section 6250 et seq. Contractor shall comply with all laws regarding the retention of public records and shall make such records available to the City upon request by the City, or in such manner as the City reasonably directs that such records be provided. 9. ASSIGNMENT Contractor shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so will be null and void. Any changes related to the financial control or business nature of Contractor as a legal entity is considered an assignment of the Agreement and subject to City approval, which shall not be unreasonably withheld. Control means fifty percent (50%) or more of the voting power of the business entity. 10. PUBLICITY / SIGNS Any publicity generated by Contractor for the project under this Agreement, during the term of this Agreement and for one year thereafter, will reference the City’s contributions in making the project possible. The words “City of Cupertino” will be displayed in all pieces of publicity, including flyers, press releases, posters, brochures, public service announcements, interviews and newspaper articles. No signs may be posted, exhibited or displayed on or about City property, except signage required by law or this Contract, without prior written approval from the City. 11. INDEMNIFICATION 11.1 To the fullest extent allowed by law, and except for losses to the extent caused by negligence or willful misconduct of City personnel, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, officials, employees, agents, servants, and volunteers, (“Indemnitees”), through legal counsel reasonably acceptable to City, from and against any and all liability, damages, claims, actions, causes of action, demands, charges, losses, costs, and expenses (including reasonable attorney fees, legal costs, and expenses related to litigation and dispute resolution proceedings) of every nature to the extent caused by any of the following: Page 5 of 9 Professional/Consulting Contracts /Version: March 2025 (a) Contractor’s’ breach of contract, obligations, representations, or warranties; (b) Negligent or reckless acts or omissions committed by Contractor during performance of the Services, or the Contractor’s willful misconduct; (c) Personal injury, property damage, or economic loss resulting from the negligent or reckless acts or willful misconduct of Contractor or its subcontractors or sub-subcontractors; (d) Contractor’s unauthorized use or disclosure of City’s confidential and proprietary Information; (e) Claim of infringement or violation by Contractor 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. In no event shall the cost to defend charged to Contractor exceed Contractor’s proportionate percentage of fault. 11.3 Contractor’s duties under this section are not limited to the Contract Price, workers’ compensation payments, or the insurance or bond amounts required in the Agreement. Nothing in the Agreement shall be construed to give rise to an implied right of indemnity in favor of Contractor against City or any Indemnitee. 11.4. Contractor’s payments may be deducted or offset to cover any money the City lost due to a claim or counterclaim arising out of this Agreement, a purchase order, or other transaction. 11.5. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 11 from each and every subcontractor, or any other person or entity involved by, for, with, or on behalf of Contractor in the performance of this Agreement. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. 11.6. This Section 11 shall survive termination of the Agreement. 12. INSURANCE Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit D, and must maintain the insurance for the duration of the Agreement, or longer as required by City. City will not execute the Agreement until City approves receipt of satisfactory certificates of insurance and endorsements evidencing the type, amount, class of operations covered, and the effective and expiration dates of coverage. Failure to comply with this provision may result in City, at its sole discretion and without notice, purchasing insurance for Contractor and deducting the costs from Contractor’s compensation or terminating the Agreement. 13. COMPLIANCE WITH LAWS 13.1 General Laws. Contractor shall comply with all local, state, and federal laws and regulations applicable to this Agreement. Contractor will promptly notify City of changes in the law or other conditions that may affect the Project or Contractor’s ability to perform. Contractor is responsible for verifying the employment authorization of employees performing the Services, Page 6 of 9 Professional/Consulting Contracts /Version: March 2025 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 harassme nt and discrimination, Contractor understands that harassment and discrimination directed toward a job applicant, an employee, a City employee, or any other person, by Contractor or its employees or sub-contractors will not be tolerated. Contractor agrees to provide records and documentation to the City on request necessary to monitor compliance with this provision. 13.4 Conflicts of Interest. Contractor shall comply with all conflict of interest laws applicable to this Agreement and must avoid any conflict of interest. Contractor warrants that no public official, employee, or member of a City board or commission who might have been involved in the making of this Agreement, has or will receive a direct or indirect financial interest in this Agreement, in violation of California Government Code Section 1090 et seq. Contractor may be required to file a conflict of interest form if Contractor makes certain governmental decisions or serves in a staff capacity, as defined in Section 18700 of Title 2 of the California Code of Regulations. Contractor agrees to abide by the City’s rules governing gifts to public officials and employees. 13.5 Remedies. Any violation of Section 13 constitutes a material breach and may result in City suspending payments, requiring reimbursements or terminating this Agreement. City reserves all other rights and remedies available under the law and this Agreement, including the right to seek indemnification under Section 11 of this Agreement. 14. PROJECT COORDINATION City Project Manager. The City assigns Piu Ghosh 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 Daniel Rubins 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. Page 7 of 9 Professional/Consulting Contracts /Version: March 2025 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. 18. ATTORNEY FEES If either party to this Agreement 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 impli ed 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. Page 8 of 9 Professional/Consulting Contracts /Version: March 2025 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. 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 To Contractor: Fehr & Peers 60 S. Market Street, Suite 700 San Jose, CA 95113 Attention: Piu Ghosh Email: PiuG@cupertino.gov Attention: Daniel Rubins Email: d.rubins@fehrandpeers.com Page 9 of 9 Professional/Consulting Contracts /Version: March 2025 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 APPROVED AS TO FORM: MICHAEL K. WOO Senior Assistant City Attorney ATTEST: KIRSTEN SQUARCIA City Clerk DATE: Franziska Church Principal 06/12/2025 Michael K Woo Benjamin Fu Benjamin Fu Director of Community Development 06/12/2025 Kirsten Squarcia 06/12/2025 May 15, 2025 Piu Ghosh Planning Manager Community Development 10350 Torre Avenue Cupertino, CA 95014 Submitted via email to: piug@cupertino.gov Subject: Proposal to Conduct AB 747 Evacuation Route Capacity Assessment for the City of Cupertino, California EXHIBIT - C Dear Piu: Fehr & Peers is pleased to submit this proposal to conduct AB 747 evacuation route capacity assessment for the City of Cupertino, California. This scope was developed to meet the requirements of Assembly Bill (AB) 747 and AB 1409, which mandate local jurisdictions to update their safety elements to include comprehensive evacuation planning. More specifically, AB 747 requires that the Safety Element be reviewed and updated to identify evacuation routes and their capacity, safety, and viability under a range of emergency scenarios. This is a requirement for all safety elements or updates to a Local Hazard Mitigation Plan (LMHP) completed after January of 2022. AB 1049 requires the Safety Element to be reviewed and updated to identify evacuation locations. Thus, these bills complement each other to ensure thorough and effective evacuation strategies. The following is our proposed scope of work based on our project understanding and informed by our discussions with you and other City of Cupertino staff. Our proposed scope of work is presented in Attachment A. Fehr & Peers will perform this analysis on a time-and-materials basis with a not-to-exceed budget of $70,000. Our estimated fee covers all professional and support staff time, as well as direct expenses. We anticipate providing a draft report within two to three months of a signed contract. We look forward to working with you on this project. Should you have any questions, please call Daniel Rubins at (408)-550-7338. Otherwise, please provide us with a contract for our review and execution. 60 S. Market Street | Suite 700 | San José, CA 95113 | (408) 278-1700 | Fax (408) 278-1717 www.fehrandpeers.com Piu Ghosh May 15, 2025 Page 2 of 2 Sincerely, FEHR & PEERS Daniel Rubins Senior Associate P25-4413-SJ Attachment A: Scope of Work Franziska Church Principal Piu Ghosh May 15, 2025 Page A1 EXHIBIT - A Attachment A: Scope of Work Please note that emergency evacuation can occur due to any number of events. There are an infinite number of emergency events and evacuation scenarios that might occur in the City ranging in study area size and resulting evacuation demand levels, time of year, time of day, evacuation temporal distribution after notice, evacuation route availability and use, and more. Additionally, any emergency movement is unpredictable as is individual behavior related to evacuation events. As such, our assessment is intended to provide the City with a focused assessment of the capacity of the transportation system during a limited set of evacuation scenarios; it does not provide guarantees as to the adequacy of the system nor can it guarantee that the findings are applicable to any or all situations. Moreover, as emergency evacuation assessment is an emerging field, there is no established standard method. Fehr & Peers has adopted existing methods in transportation planning that, in our knowledge and experience, Fehr & Peers believes are the most appropriate. Nevertheless, such methods are necessarily also limited by the budgetary and time constraints in the scope of work, and by the current state of the knowledge. The City should take care in planning and implementing any potential evacuation scenario and that our assessment should help the City better prepare for those events. We would be happy to conduct additional analyses in further detail, analyzing different scenarios, and employing other methods if desired. However, in no way can Fehr & Peers guarantee the efficacy of any of the information used from our assessment as such would be beyond our professional duty and capability. Task 1: AB 747 and AB 1409 Evacuation Route Capacity Analysis Task 1.1: Evacuation Scenarios Identification Fehr & Peers will organize and facilitate a workshop with City staff (planning, public works, and fire department) to identify up to three emergency scenarios representing different evacuation profiles. Fehr & Peers will also lead a discussion about the key evacuation routes for these scenarios and the parameters for the evacuation analyses. We will rely on expertise from others on the City planning staff and Fire/Police leaders to identify hazard conditions and potential constraints to evacuation that ensure compliance with California Board of Forestry and Fire Protection requirements (AB 747 and AB 1409) associated with the required Safety Element review. As a starting place, we will use hazard scenarios contemplated in the draft Safety Element and the countywide Local Hazard Mitigation Plan including the Stevens Creek Reservoir Dam inundation/flooding, a landslide in the western portion of the City, and a wildfire in the western portion of the City. The selection of evacuation events to evaluate for this Piu Ghosh May 15, 2025 Page A2 scope of work will be based on events that have the highest evacuation demand in the shortest period. Certain types of events like earthquakes do not typically include a large -scale evacuation as residents are typically told to shelter in place. Because residential is the primary land use in the hazard areas that may need to evacuate, the analysis will be conducted for residents evacuating designated hazard areas on City evacuation routes for evacuation scenarios based on an evacuation order being issued when all residents are at home. Further, the City may choose a different time-of day like the early morning when school is in-session as the start of the evacuation. A qualitative discussion of potential evacuation route constraints in adjacent cities will also be provided. Task 1.2: Evacuation Route Capacity Assessment Fehr & Peers will collaborate with City staff to evaluate the capacity (using volume to capacity ratios based on the number of travel lanes, roadway classifications, etc.) and viability of key evacuation routes. We have assumed 20 24-hour roadway counts will be collected to establish roadway volumes for the existing population during a typical mid-week day. We will also evaluate the distance people have to travel to reach evacuation locations (e.g., temporary areas of refuge, evacuation centers, evacuation endpoints) or gateways in the City, which will assist in identifying potentially vulnerable communities that have limited accessibility. To complete this task, Fehr & Peers will obtain available GIS files from City staff that include parcels, roadways, US census data, key critical facilities and infrastructure, and relevant hazard layers obtained by others. Most hazard layers will be sourced from federal, state, and regional agencies, however, if the City has specific layers of concern, these should be provided for the analysis. Fehr & Peers will summarize a citywide risk screening by identifying high, medium, and low risk corridors in the City on high hazard locations (collector or arterial streets in the hazard areas identified in the SB 99 accessibility analysis in the Draft Safety Element), population density, and roadway capacity. Fehr & Peers will document compliance with AB 747 and AB 1409 requirements in Task 2. Please note that we have scoped out a “high-level” assessment, using planning parameters related to hourly vehicle throughput, travel distances, and roadway capacity with adjustments due to low visibility, and traffic controls to assist with the evacuation route assessment. This method does not account for preparation and/or departure time over the evacuation period or time delays due to queue spill back at bottlenecks that may block other vehicles. Other, more sophisticated approaches are available (including the use of Fehr & Peers’ EVAC+ Tool which applies a dynamic traffic assignment where departure time, queues, and travel time are accounted for throughout the evacuation route network), but we have not included that into our scope. Piu Ghosh May 15, 2025 Page A3 Task 2: Documentation Fehr & Peers will prepare an administrative draft report that documents AB 747 and AB 1409 compliance and recommends new or updated Safety Element policies based on the results of Task 1. The Safety Element policies will include evacuation implementation p rograms for incorporation into the Safety Element to provide compliance with AB 747 and AB 1409. These recommendations may include improved emergency response time, increased notifications, evacuation drills for residents, improved infrastructure to assist with evacuation (e.g., improved roadway network connectivity in some areas), and/or development limitations for areas where circulation constraints may affect future development. The administrative draft report will be submitted to the City for review and comment. Review comments will be incorporated into the draft report. Our fee estimate assumes twenty (20) professional staff hours to respond to comments and prepare a draft report for City staff to do a final review. We have included eight (8) professional staff hours to prepare and submit a final report. Task 3: Meetings Fehr & Peers will prepare for and attend three virtual meetings. During these meetings we will coordinate data and review preliminary results. Our fee estimate assumes approximately 12 hours of staff time for these meetings. EXHIBIT - B Draft Schedule for the AB 747 Evaucation Route Capacity Assessment for the City of Cupertino Tasks June July August September Task 1 - Evacuation Route Capacity Analysis Evacuation Scenario Identification Workshop Data Collection and Evacuation Route Capacity Assessment Task 3 - Documentation Administrative Draft Report Review Draft Report Review Final Report Task 4 - Meetings Meetings Notes: Assumes Start Date of June 16th Draft schedule subject to change The ACORD name and logo are registered marks of ACORD FEHR&PE-01 MICHAELA CERTIFICATE OF LIABILITY INSURANCE COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. 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INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE X OCCUR PSB0006683 12/6/2024 12/6/2025 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 1,000,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY X PRO- LOC PRODUCTS - COMP/OP AGG $ 4,000,000 JECT $ OTHER: A AUTOMOBILE LIABILITY PSA0002276 12/6/2024 12/6/2025 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 ANY AUTO BODILY INJURY (Per person) $ OWNED AUTOS ONLY HIRED AUTOS ONLY SCHEDULED AUTOS NON-OWNED AUTOS ONLY BODILY INJURY (Per accident) $ X X PROPERTY DAMAGE (Per accident) $ $ A UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS-MADE PSE0002889 12/6/2024 12/6/2025 EACH OCCURRENCE $ 5,000,000 X AGGREGATE $ 5,000,000 DED RETENTION $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE N / A 57WEGZJ1989 5/1/2025 5/1/2026 X PER STATUTE OTH- ER E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS below C C Professional Liab. Professional Liab. 108172265 108172265 12/6/2024 12/6/2024 12/6/2025 12/6/2025 Per Claim Aggregate 5,000,000 5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 AUTHORIZED REPRESENTATIVE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. DATE (MM/DD/YYYY) 4/17/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License # 0E67768 IOA Insurance Services 3875 Hopyard Road Suite 200 Pleasanton, CA 94588 CONTACT Andrea Michael NAME: PHONE (925) 249-7958 (A/C, No, Ext): FAX (A/C, No): E-MAIL Andrea.Michael@ioausa.com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : RLI Insurance Company 13056 INSURED Fehr & Peers 100 Pringle Avenue, Suite 600 Walnut Creek, CA 94596 INSURER B : Sentinel Insurance Company, Ltd 11000 INSURER C : Travelers Casualty and Surety Company of America 31194 INSURER D : INSURER E : INSURER F : The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: FEHR&PE-01 LOC #: 1 ADDITIONAL REMARKS SCHEDULE YUENG Page 1 of 1 AGENCY License # 0E67768 IOA Insurance Services NAMED INSURED Fehr & Peers 60 S Market St.z. Suite 700 San Jose, CA :15113 POLICY NUMBER SEE PAGE 1 CARRIER NAICCODE SEE PAGE 1 SEEP 1 I EFFECTIVE DATE: SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Description of Operations/LocationsNehicles: Workers' Compensation: Waiver of Subrogation is included as per attached blanket Waiver of Subrogation endorsement, as required by written contract. General Liability deductible: Zero Auto Liability deductible: Zero Workers' Compensation deductible: Zero Professional Liability deductible: $150,000 per claim/aggregate with reduced deductible endorsement 30 days written cancellation notice with 10 days notice for non-payment of premium is provided to the Certificate Holder. GENERAL LIABILITY & AUTO LIABILITY INCLUDE THE FOLLOWING PERSON(S) OR ORGANIZATION(S): City of Cupertino, its Council, officers, officials, employees, and authorized agents, servants, and volunteers and/or, as required by written contract The ACORD name and logo are registered marks of ACORD ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. PPB 304 0212 Page 1 of 1 Policy Number: PSB0006683 Named lnsured:Fehr & Peers RU Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® FOR PROFESSIONALS BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM - SECTION II - LIABILITY a. In the performance of your ongoing operations; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "product-completed operations hazard". 2. The insurance provided to the additional insured by this endorsement is limited as follows: a. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this policy. b. This insurance does not apply to the rendering of or failure to render any "professional services". c. This endorsement does not increase any of the limits of insurance stated in D. Liability And Medical Expenses Limits of Insurance. 3. The following is added to SECTION Ill H.2. Other Insurance - COMMON POLICY CONDITIONS (BUT APPLICABLE ONLY TO SECTION II - LIABILITY) a. The "bodily injury" or "property damage" for which coverage is sought occurs after you have entered into that contract or agreement; or b. The "personal and advertising injury" for which coverage is sought arises out of an offense committed after you have entered into that contract or agreement. We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal and advertising injury" arising out of "your work" performed by you, or on your behalf, under a contract or agreement with that person or organization. We waive these rights only where you have agreed to do so as part of a contract or agreement with such person or organization entered into by you before the "bodily injury" or "property damage" occurs, or the "personal and advertising injury" offense is committed. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. addi onal insured under this po icy must apply on a However, if you specifically agree in a contract or agreement that the insurance provided to an 1. C. WHO IS AN INSURED is amended to include as an addi onal insured any person or organization that you agree in a contract or agreement requiring insurance to include as an additiona insured on this PPA 300 03 13 This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM A. Broad Form Named Insured The following is added to the SECTION II - COVERED AUTOS LIABILITY COVERAGE, Para- graph A.1. Who Is An Insured Provision: "loss", provided that the "accident" or "loss" arises out of the operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. Any business entity newly acquired or formed by you during the policy period, provided you own fifty percent (50%) or more of the business entity and the business entity is not separately insured for Bus- iness Auto Coverage. Coverage is extended up to a maximum of one hundred eighty (180) days following the acquisition or formation of the business entity. This provision does not apply to any person or organization for which coverage is excluded by endorsement. B. Employees As Insureds The following is added to the SECTION II - COVERED AUTOS LIABILITY COVERAGE, Para- graph A.1. Who Is An Insured Provision: Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. C. Blanket Additional Insured The following is added to the SECTION II - COVERED AUTOS LIABILITY COVERAGE, Para- graph A.1. Who Is An Insured Provision: Any person or organization that you are required to include as an additional insured on this coverage form in a contract or agreement that is executed by you before the "bodily injury" or "property damage" occurs is an "insured" for liability coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in SECTION II - COVERED AUTOS LIABILITY COVERAGE. The insurance provided to the additional insured will be on a primary and non-contributory basis to the additional insured's own business auto coverage if you are required to do so in a contract or agreement that is executed by you before the "bodily injury" or "property damage" occurs. D. Blanket Waiver Of Subrogation The following is added to the SECTION IV - BUSI- NESS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against any person or organization to the extent required of you by a contract executed prior to any "accident" or E. Employee Hired Autos 1. The following is added to the SECTION II - COVERED AUTOS LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured Provision: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. 2. Changes In General Conditions: Paragraph 5.b. of the Other Insurance Con- dition in the BUSINESS AUTO CONDITIONS is deleted and replaced with the following: b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". F. Fellow Employee Coverage SECTION II - COVERED AUTOS LIABILITY COVERAGE, Exclusion B.5. does not apply if you have workers compensation insurance in-force covering all of your employees. G. Auto Loan Lease Gap Coverage SECTION Ill - PHYSICAL DAMAGE COVERAGE, C. Limit Of Insurance, is amended by the addition of the following: In the event of a total "loss" to a covered "auto" shown in the Schedule of Declarations, we will pay any unpaid amount due on the lease or loan for a covered "auto", less: 1. The amount paid under the PHYSICAL DAMAGE COVERAGE section of the policy; and 2. Any: a. Overdue lease/loan payments at the time of the "loss"; THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Policy Number: 57 WEG ZJ1989 Named Insured and Address: FEHR & PEERS 100 PRINGLE AVE STE 600 WALNUT CREEK CA 94596 Endorsement Number: We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule . (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us .) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule . The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description Any person or organization from whom you are required by written contract or agreement to obtain this waiver of rights from us Countersigned by Form WC 04 03 06 (1) Printed in U.S.A. Authorized Representative RLIPack NOTICE OF CANCELLATION OR NONRENEWAL INCLUDING NONPAYMENT OF PREMIUM - DESIGNATED PERSON OR ORGANIZATION RLIPack NOTICE OF CANCELLATION OR NONRENEWAL INCLUDING NONPAYMENT OF PREMIUM - DESIGNATED PERSON OR ORGANIZATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO DESIGNATED CERTIFICATE HOLDER Policy Number: 57 WEG ZJ1989 Endorsement Number: 008 Effective Date: 12/03/24 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: FEHR & PEERS 100 PRINGLE AVE STE 600 WALNUT CREEK CA 94596 This policy is subject to the following additional Conditions when a number of days are shown in the schedule for any of the below Parts: A. If this policy is cancelled by the Company, other than for non-payment of premium, notice of such cancellation will be provided to the certificate holder in the schedule, at least the number of days in advance of the cancellation effective date, as shown in Part A. B. If this policy is cancelled by the Company for non-payment of premium, notice of such cancellation will be provided to the certificate holder in the schedule within the number of days notice of the cancellation effective date, as shown in Part B. C. If this policy is cancelled by the insured, notice of such cancellation will be provided to the certificate holder in the schedule, within the number of days notice of the cancellation effective date, as shown in Part C. If notice is mailed, proof of mailing notice to the certificate holder's mailing address as shown in the schedule will be sufficient proof of notice. If the number of days notice in the schedule for any Part is left blank or is shown as zero, no notice will be provided to the scheduled certificate holder under that Part. Any notification rights provided by this endorsement apply only to active certificate holder(s) who were issued a certificate of insurance applicable to this policy's term. Failure to provide such notice to the certificate holder(s) will not amend or extend the date the cancellation becomes effective, nor will it negate cancellation of the policy. Failure to send notice shall impose no liability of any kind upon the company or its agents or representatives. Schedule Number of Days Notice: Name and Mailing Address of Certificate Holder Part A: Part B: 30 10 CITY OF CUPERTINO 10300 TORRE AVE, CUPERTINO, CA 95014 Part C: 30 Form WC 99 05 28 Printed in U.S.A. Process Date: 12/11/24 Policy Expiration Date: 05/01/25 © 2011, The Hartford THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION/NONRENEWAL PROVIDED BY THE COMPANY This endorsement changes the following: Professional Liability Terms and Conditions PROVISIONS: 1. If the Company cancels this policy for any statutorily permitted reason other than nonpayment of premium, the Company will mail or deliver notice of cancellation to the Person or Entity shown in the Notice Schedule below. The Company will mail or deliver such notice to the address provided by the Named Insured at least the number of days shown for cancellation in such Notice Schedule before the effective date of cancellation . 2. If the Company nonrenews this policy for any statutorily permitted reason, the Company will mail or deliver notice of nonrenewal to the Person or Entity shown in the Notice Schedule below. The Company will mail or deliver such notice to the address provided by the Named Insured at least the number of days shown for nonrenewal in such Notice Schedule before the effective date of nonrenewal. Notice Schedule Number of Days Notice of Cancellation: 30 Number of Days Notice of Nonrenewal: Person or Entity: Any person or entity to whom the Named Insured has agreed in a written contract that notice of cancellation or nonrenewal of this policy will be given, but only if: 1. The Named Insured sends the Company a written request to provide such notice, including the name and address of such person or entity, after the Named Insured receives notice from us of the cancellation or nonrenewal of this policy; and 2. The Company receives such written request no later than 10 days after the Named Insured receives the notice of cancellation or nonrenewal. Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, exclusions or limitations of the above-mentioned policy, except as expressly stated herein. This endorsement is part of such policy and incorporated therein. Issuing Company: Travelers Casualty and Surety Company of America Policy Number: 108172265 PTC-2071 Ed. 05-11 ©2011 The Travelers Indemnity Company. All Rights Reserved Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SPECIFIED CLIENT, CONTRACT, OR PROJECT DEDUCTIBLE ENDORSEMENT This endorsement changes the following: Professional Liability Terms and Conditions It is agreed that: The following is added to section I. DEDUCTIBLE: The Company's obligation to pay Damages and Defense Expenses for any Claim based upon or arising out of a Network and Information Security Offense related to the Specified Client, Contract, or Project set forth below, or the rendering of, or failure to render, any Professional Services for or related to the Specified Client, Contract, or Project set forth below, applies only to the amount of Damages and Defense Expenses that are in excess of the applicable Specified Client, Contract, or Project Deductible for each Claim amount set forth below. The Company may, at its discretion, pay all or part of any Specified Client, Contract, or Project Deductible amount on behalf of the first Named Insured , and in such event, the first Named Insured agrees to repay the Company any amounts so paid. If the Specified Client, Contract, or Project Deductible for each Claim applies, the first Named Insured agrees to indemnify the Company for any amounts paid by the Company in excess of the applicable Specified Client, Contract, or Project Deductible up to the applicable Deductible for each Claim amount set forth in ITEM 5 of the Declarations. The Specified Client, Contract, or Project Deductible for each Claim amount is part of, and not in addition to, the Deductible for each Claim amount set forth in ITEM 5 of the Declarations. Specified Client, Contract, or Project Deductible for Each Claim: The deductible amount set forth in the written agreement applicable to the rendering of, or failure to render, any Professional Services for a Specified Client, Contract, or Project, or the Deductible for each Claim amount set forth in ITEM 5 of the Declarations, whichever is less. Specified Client, Contract, or Project: The client, contract, or project specified in a written agreement that sets forth deductible requirements applicable to Professional Services for such client, contract, or project. Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, exclusions or limitations of the above-mentioned policy, except as expressly stated herein. This endorsement is part of such policy and incorporated therein. Issuing Company:Travelers Casualty and Surety Company of America Policy Number: 108172265 PTC-2058 Ed. 07-09 Printed in U.S.A. ©2009 The Travelers Companies, Inc. All Rights Reserved Page 1 of 1 Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts 1 Version: May 2025 Consultant shall procure prior to commencement of Services and maintain for the duration of the contract, at its own cost and expense, the following insurance policies and coverage with companies doing business in California and acceptable to City. INSURANCE POLICIES AND MINIMUMS REQUIRED 1. Commercial General Liability (CGL) with coverage at least as broad as Insurance Services Office (ISO) Form CG 00 01, with limits no less than $2,000,000 per occurrence and $2,000,000 general aggregate. The policy shall include a per project or per location general aggregate endorsement as broad as CG 25 03 or CG 24 04. If a per project/location endorsement is not available, the limit of the general aggregate shall be doubled. a. It shall be a requirement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be (i) the minimum coverage/limits specified in this agreement; or (ii) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. b. Additional Insured coverage under Consultant's policy shall allow and be endorsed "primary and non - contributory," will not seek contribution from City’s insurance/self-insurance, and shall be at least as broad as the most recent edition of ISO Form CG 20 01. c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess liability insurance, provided each policy follows form of the underlying policy and complies with the requirements set forth in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary basis for the benefit of City. The City’s own insurance or self-insurance shall not be called upon. 2. Automobile Liability: Coverage shall be provided using ISO CA 00 01 covering any auto (including owned, hired, and non-owned autos) with limits no less than $1,000,000 each accident for bodily injury and property damage. □ Not required. Consultant shall be fully remote and not use automobiles to provide the service. In the event Consultant uses an automobile or automobiles in the operation of its business to provide services under this Agreement, the Consultant shall, prior to such use, provide the City with evidence of Business Automobile Liability insurance coverage in the amount required under this Section 2 for owned, non-owned and hired autos (any auto-Symbol 1), or if Consultant does not own autos (hired autos-Symbol 8 and non-owned autos-Symbol 9). Evidence shall be provided with a Certificate of Insurance, along with an additional insured endorsement in favor of the City, primary and non - contributory coverage and endorsement, and waiver of subrogation coverage and endorsement under the policy prior to the use of any automobile. □ Consultant has provided written confirmation that it does not own any autos. Consultant shall provide coverage for hired autos-Symbol 8 and non-owned autos-Symbol 9. Primary and Non-Contributory coverage and Waiver of Subrogation coverage is waived under the Automobile Liability hired and non-owned only coverage. In the event Consultant uses an owned automobile or automobiles in the operation of its business to provide services under this Agreement, the Consultant shall, prior to such use, provide the City with evidence of Business Automobile Liability insurance coverage in the amount required under this Section 2 for owned, non-owned and hired autos (any auto-Symbol 1). EXHIBIT D Insurance Requirements Design Professionals & Consultants Contracts Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts 2 Version: May 2025 □ In lieu of Business Automobile Liability, Consultant shall maintain throughout the term of this Agreement and provide the City with evidence (including the policy Declarations Page) of personal automobile insurance coverage in accordance with the laws of the State of California. As available under the policy, evidence shall be provided with the Certificate of Insurance, along with an additional insured endorsement in favor of the City, primary and non-contributory coverage and endorsement, and waiver of subrogation coverage and endorsement. City approval of coverage is required prior to commencement of services. 3. Workers’ Compensation: As required by the State of California, with Statutory Limits and Employer’s Liability Insurance of no less than $1,000,000 each accident/ disease. □ Not required. Consultant has provided written verification of no employees. 4. Professional Liability for professional acts, errors and omissions, if applicable and as appropriate to Consultant’s profession, with limits no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. If written on a claims-made basis form: a. The Retroactive Date must be shown and must be before the Effective Date of the Contract. b. Insurance must be maintained for at least five (5) years after completion of the Services. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Contract Effective Date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the Services. OTHER INSURANCE PROVISIONS The aforementioned insurance policies shall contain, be endorsed and have all the following conditions and provisions: Additional Insured Status The City of Cupertino, its City Council, officers, officials, employees, agents, and volunteers (“Additional Insureds”) are to be covered and endorsed as additional insureds on Consultant’s CGL and automobile liability policies. General Liability coverage can be provided in the form of an endorsement to Consultant’s insurance (at least as broad as ISO Form CG 20 10 (11/ 85) or if not available, through the addition of both CG 20 10 and CG 20 37 forms, if later editions are used). Primary and Non-Contributory Coverage Except Workers Compensation, coverage afforded to City/Additional Insureds shall allow and be endorsed primary insurance. Any insurance or self-insurance maintained by City, its officers, officials, employees, or volunteers shall be excess of Consultant’s insurance and shall not contribute to it. Notice of Cancellation Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written notice to City 30 days in advance or 10 days in advance if due to non -payment of premiums. If a carrier will not provide the required notice of cancellation or policy modification, the Consultant shall provide written notice to the City of a cancellation or policy modification no later than 30 days in advance or 10 days in advance if due to non-payment of premiums. Waiver of Subrogation Consultant waives any right to subrogation against City/Additional Insureds for recovery of damages to the extent said losses are covered by the insurance policies required herein. Specifically, the General Liability, Automobile Liability and Workers’ Compensation policies shall allow and be endorsed with a waiver of subrogation in favor of City, its employees, agents and volunteers. This provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts 3 Version: May 2025 Deductibles and Self-Insured Retentions Any deductible or self-insured retention must be declared to and approved by the City (Insert on the Certificate of Insurance, if zero, insert “$0”). At City’s option, either: the insurer must reduce or eliminate the deductible or self-insured retentions as respects the City/Additional Insureds; or Consultant must show proof of ability to pay losses and costs related investigations, claim administration and defense expenses. The policy shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the insured or the City. Acceptability of Insurers Insurance shall be placed with insurers admitted in the State of California and with an AM Best rating of A - VII or higher. Verification of Coverage Consultant must furnish acceptable insurance certificates and amendatory endorsements (or copies of the policies effecting the coverage required by this Contract), including a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements prior to commencement of the Contract. City retains the right to demand verification of compliance at any time during the Contract term. Subconsultants Consultant shall require and verify that all subconsultants maintain insurance that meet the requirements of this Contract, including indemnification, defense, and naming the City as an additional insured on subconsultant’s insurance policies. Higher Insurance Limits If Consultant maintains broader coverage and/or higher limits than the minimums shown above, City shall be entitled to coverage for the higher insurance limits maintained by Consultant. Adequacy of Coverage City reserves the right to modify these insurance requirements/coverage based on the nature of the risk, prior experience, insurer or other special circumstances, with not less than ninety (90) days prior written notice. AB 747 Evacuation Route Capacity Assessment Final Audit Report 2025-06-13 Created:2025-06-12 By:Webmaster Admin (webmaster@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAAjRqqSGZpRGV6mr5xntQTISecR0xNFaOO "AB 747 Evacuation Route Capacity Assessment" History Document created by Webmaster Admin (webmaster@cupertino.org) 2025-06-12 - 5:03:13 PM GMT- IP address: 35.229.54.2 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2025-06-12 - 5:16:08 PM GMT Email viewed by Araceli Alejandre (aracelia@cupertino.org) 2025-06-12 - 5:16:18 PM GMT- IP address: 54.90.157.168 Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2025-06-12 - 6:15:53 PM GMT - Time Source: server- IP address: 71.202.76.156 Document emailed to Franziska Church (f.church@fehrandpeers.com) for signature 2025-06-12 - 6:15:55 PM GMT Email viewed by Franziska Church (f.church@fehrandpeers.com) 2025-06-12 - 6:20:35 PM GMT- IP address: 71.6.122.150 Document e-signed by Franziska Church (f.church@fehrandpeers.com) Signature Date: 2025-06-12 - 7:52:37 PM GMT - Time Source: server- IP address: 71.6.122.150 Document emailed to michaelw@cupertino.gov for signature 2025-06-12 - 7:52:39 PM GMT Email viewed by michaelw@cupertino.gov 2025-06-12 - 7:53:47 PM GMT- IP address: 44.245.150.231 Signer michaelw@cupertino.gov entered name at signing as Michael K Woo 2025-06-12 - 8:34:54 PM GMT- IP address: 174.194.137.111 Document e-signed by Michael K Woo (michaelw@cupertino.gov) Signature Date: 2025-06-12 - 8:34:56 PM GMT - Time Source: server- IP address: 174.194.137.111 Document emailed to Benjamin Fu (benjaminf@cupertino.gov) for signature 2025-06-12 - 8:34:59 PM GMT Email viewed by Benjamin Fu (benjaminf@cupertino.gov) 2025-06-12 - 8:35:08 PM GMT- IP address: 54.90.157.168 Document e-signed by Benjamin Fu (benjaminf@cupertino.gov) Signature Date: 2025-06-12 - 9:53:08 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to kirstens@cupertino.gov for signature 2025-06-12 - 9:53:11 PM GMT Email viewed by kirstens@cupertino.gov 2025-06-12 - 9:53:31 PM GMT- IP address: 54.90.157.168 Signer kirstens@cupertino.gov entered name at signing as Kirsten Squarcia 2025-06-13 - 1:32:09 AM GMT- IP address: 176.108.138.169 Document e-signed by Kirsten Squarcia (kirstens@cupertino.gov) Signature Date: 2025-06-13 - 1:32:11 AM GMT - Time Source: server- IP address: 176.108.138.169 Agreement completed. 2025-06-13 - 1:32:11 AM GMT