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Home My WebLink About26-071 Kimley-Horn and Associates, Inc for Engineering and Traffic Surveys ProjectEngineering and Traffic Surveys Project Page 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 Kimley-Horn and Associates, Inc. (“Contractor”), a Corporation for Engineering and Traffic Surveys Project, 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 December 31, 2026 (“Contract Time”), unless terminated earlier as provided herein. The City’s appropriate department head or 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. 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 Engineering and Traffic Surveys Project Page 2 of 9 Professional/Consulting Contracts /Version: March 2025 $59,810.00 (“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 according to the highest standards and best practices in the industry. 5.3 Permits and Licenses. Contractor warrants on behalf of itself and its subcontractors that they are properly licensed, registered, and/or certified to perform the Services as required by law and have procured a City Business License, if required by the Cupertino Municipal Code. 5.4 Subcontractors. Only Contractor’s employees are authorized to work under this Agreement. Prior written approval from City is required for any subcontractor, and the terms and conditions of this Agreement will apply to any approved subcontractor. 5.5 Tools, Materials, and Equipment. Contractor will supply all tools, materials and equipment required to perform the Services under this Agreement. 5.6 Payment of Benefits and Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor and any of its employees, agents, and subcontractors shall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, fees, contributions, or charges applicable to Contractor’s business including, but not limited to, federal and state income taxes. City shall have no obligation whatsoever to pay or withhold any taxes or benefits on behalf of Contractor. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement is determined by a court of competent jurisdiction, arbitrator, or administrative auth ority, 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 Engineering and Traffic Surveys Project Page 3 of 9 Professional/Consulting Contracts /Version: March 2025 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. 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 Engineering and Traffic Surveys Project Page 4 of 9 Professional/Consulting Contracts /Version: March 2025 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 prio r written consent of City. Any attempt to do so will be null and void. Any changes related to the financial control or business nature of Contractor as a legal entity is considered an assignment of the Agreement and subject to City approval, which shall not be unreasonably withheld. Control means fifty percent (50%) or more of the voting power of the business entity. 10. PUBLICITY / SIGNS Any publicity generated by Contractor for the project under this Agreement, during the term of this Agreement and for one year thereafter, will reference the City’s contributions in making the project possible. The words “City of Cupertino” will be displayed in all pieces of publicity, including flyers, press releases, posters, brochures, public service announcements, interviews and newspaper articles. No signs may be posted, exhibited or displayed on or about City property, except signage required by law or this Contract, without prior written approval from the City. 11. INDEMNIFICATION 11.1 To the fullest extent allowed by law, and except for losses caused by the sole and active negligence or willful misconduct of City personnel, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, officials, employees, agents, servants, volunteers, and consultants (“Indemnitees”), through legal counsel acceptable to City, from and against any and all liability, damages, claims, actions, causes of action, demands, charges, losses, costs, and expenses (including attorney fees, legal costs, and expenses related to litigation and dispute resolution proceedings) of every nature, arising directly or indirectly from this Agreement or in any manner relating to any of the following: (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. Engineering and Traffic Surveys Project Page 5 of 9 Professional/Consulting Contracts /Version: March 2025 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 arisin g 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, or a purchase order, or other transaction. 11.5 Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 11 from each and every subcontractor, or any other person or entity involved by, for, with, or on behalf of Contractor in the performance of this Agreement. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. 11.6 This Section 11 shall survive termination of the Agreement. 12. INSURANCE Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit D, and must maintain the insurance for the duration of the Agreement, or longer as required by City. City will not execute the Agreement until City approves receipt of satisfactory certificates of insurance and endorsements evidencing the type, amount, class of operations covered, and the effective and expiration dates of coverage. Failure to comply with this provision may result in City, at its sole discretion and without notice, purchasing insurance for Contractor and deducting the costs from Contractor’s compensation or terminating the Agreement. 13. COMPLIANCE WITH LAWS 13.1 General Laws. Contractor shall comply with all local, state, and federal laws and regulations applicable to this Agreement. Contractor will promptly notify City of changes in the law or other conditions that may affect the Project or Contractor’s ability to perform. Contractor is responsible for verifying the employment authorization of employees performing the Services, as required by the Immigration Reform and Control Act. 13.2 Labor Laws. Contractor shall comply with all labor laws applicable to this Agreement. If the Scope of Services includes a “public works” component, Contractor is required to comply with prevailing wage laws under Labor Code Section 1720 and other labor laws. 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 Engineering and Traffic Surveys Project Page 6 of 9 Professional/Consulting Contracts /Version: March 2025 laws, including Government Code Sections 12900 and 11135, and Labor Code Sections 1735, 1777, and 3077.5. Consistent with City policy prohibiting harassment and discrimination, Contractor understands that harassment and discrimination directed toward a job applicant, an employee, a City employee, or any other person, by Contractor or its employees or sub-contractors will not be tolerated. Contractor agrees to provide records and documentation to the City on request necessary to monitor compliance with this provision. 13.4 Conflicts of Interest. Contractor shall comply with all conflict of interest laws applicable to this Agreement and must avoid any conflict of interest. Contractor warrants that no public official, employee, or member of a City board or commission who might have been involved in the making of this Agreement, has or will receive a direct or indirect financial interest in this Agreement, in violation of California Government Code Section 1090 et seq. Contractor may be required to file a conflict of interest form if Contractor makes certain governmental decisions or serves in a staff capacity, as defined in Section 18700 of Title 2 of the California Code of Regulations. Contractor agrees to abide by the City’s rules governing gifts to public officials and employees. 13.5 Remedies. Any violation of Section 13 constitutes a material breach and may result in City suspending payments, requiring reimbursements or terminating this Agreement. City reserves all other rights and remedies available under the law and this Agreement, including the right to seek indemnification under Section 11 of this Agreement. 14. PROJECT COORDINATION City Project Manager. The City assigns David Stillman 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 Nikita Petrov 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 Engineering and Traffic Surveys Project Page 7 of 9 Professional/Consulting Contracts /Version: March 2025 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 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 Engineering and Traffic Surveys Project Page 8 of 9 Professional/Consulting Contracts /Version: March 2025 no way affect, limit, or amplify the terms or provisions of this Agreement. 24. SEVERABILITY/PARTIAL INVALIDITY If any term or provision of this Agreement, or their application to a particular situation, is found by the court to be void, invalid, illegal, or unenforceable, such term or provision shall remain in force and effect to the extent allowed by such ruling. All other terms and provisions of this Agreement or their application to specific situations shall remain in full force and effect. The Parties agree to work in good faith to amend this Agreement to carry out its intent. 25. SURVIVAL All provisions which by their nature must continue after the Agreement expires or is terminated, including the Indemnification, Ownership of Materials/Work Product, Records, Governing Law, and Attorney Fees, shall survive the Agreement and remain in full force and effect. 26. NOTICES All notices, requests and approvals must be sent in writing to the persons below, which will be considered effective on the date of personal delivery or the date confirmed by a reputable overnight delivery service, on the fifth calendar day after deposit in the United States Mail, postage prepaid, registered or certified, or the next business day following electronic submission: To City of Cupertino Office of the City Manager 10300 Torre Ave. Cupertino, CA 95014 Attention: David Stillman Email: DavidS@cupertino.org To Contractor: Kimley-Horn and Associates, Inc. 10 S. Almaden Blvd, Suite 1250 San Jose, CA 95113 Attention: Nikita Petrov Email: nikita.petrov@kimley-horn.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. SIGNATURES CONTINUE ON THE FOLLOWING PAGE Engineering and Traffic Surveys Project Page 9 of 9 Professional/Consulting Contracts /Version: March 2025 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: LAUREN SAPUDAR City Clerk Date Brian Sowers Sr. Vice President May 12, 2026 Michael K Woo Chad Mosley Director of Public Works May 12, 2026 Lauren Sapudar May 12, 2026 8 CHAPTER 3 – PRODUCT DESCRIPTION, WORK PLAN OR PROPOSAL Approach to Work The City of Cupertino is seeking a qualiﬁed consultant to prepare an Engineering and Trafﬁc Survey (E&TS) to review, update, and document posted speed limits on 64 City street segments in accordance with the California Vehicle Code (CVC), the California Manual on Uniform Trafﬁc Control Devices (CA MUTCD), and the provisions of Assembly Bill 43 (AB 43). Kimley-Horn will apply the same proven, quality-focused approach successfully used on recent citywide E&TS projects throughout the Bay Area, while tailoring the effort to Cupertino’s roadway network, land use context, and community safety priorities. Speed zones are established to enhance safety for the public by reducing risks correlated with drivers speed decisions and to provide a basis for enforcement. Speed limits are generally established at or near the 85th percentile speed, which is deﬁned as the speed at or below which 85 percent of trafﬁc is moving. Speed limits established on this basis conform to the consensus of those who drive on the roadways as to what speed is reasonable and safe, and are not dependent on the subjective judgment of one or a few individuals. As a result, these surveys should be conducted every ﬁve years to coincide with changing roadway conditions and driver behavior. Engineering and Trafﬁc Surveys, as deﬁned in Section 627 of the California Vehicle Code (CVC), and as established in the California MUTCD guidance, must consider the prevailing speeds (85th percentile), collision records, pedestrian and bicycle activity, roadway trafﬁc, roadside conditions as well as established guidelines to advise motorists of road conditions or hazards, which may not be readily apparent to a reasonable driver. For this reason, a ﬁeld review of related roadway and trafﬁc variables is conducted, which is considered in combination with statistical data and collision history in setting speed limits. Examples of the ﬁeld data collected for the purposes of analyzing related roadway characteristics as they pertain to the determination of appropriate speed limits are listed below. 1. Segment length, width, and alignment 2. Level of pedestrian/bicycle activity and truck volumes 3. Traffic flow characteristics 4. Number of lanes and other channelization/striping factors 5. Frequency of intersections, driveways, on-street parking, and bike lanes 6. Locations of stop signs, traffic signals, and other regulatory traffic control devices 7. Roadway conditions such as traffic circles, bumps, and dips 8. Obstructions to driver/pedestrian visibility 9. Land use and proximity of schools, parks/recreation areas, and senior centers 10. Uniformity with existing speed zones in adjacent jurisdictions 11. Any other unusual conditions or hazards not readily apparent to the driver The 85th percentile speed provides the initial indication of the speed limit, based on the nearest 5 mile per hour (mph) increment, and is generally an appropriate speed limit assuming ideal conditions. This speed is then reviewed against the factors noted above, including collisions, pedestrian and bicycle activity, land use, and roadway trafﬁc and roadside conditions not readily apparent to the driver, to determine if a reduction in speed limit of 5 mph would be justiﬁed. In addition, the speed limit of adjacent street segments is considered to maintain uniformity. The following are some factors identiﬁed in the California MUTCD to consider when establishing speed limits between adjacent street segments: 1. AVOID SHORT SEGMENTS. Short speed zones of less than ½ mile should be avoided, except in transition areas. 2. CHANGE IN ROADWAY CONDITIONS OR ROADSIDE DEVELOPMENT. Speed zone changes should be coordinated with changes in roadway conditions or roadside development. 3. MINIMIZE CHANGE IN SPEED BETWEEN ADJACENT SEGMENTS. Speed zoning should be in 10-mph increments, except in urban areas where 5-mph increments are preferable. Consideration of statistical factors such as the 10-mph pace or the 10-mph range, which contains the largest number of recorded vehicles, should be considered in establishing a limit. Speed limits should normally be set to fall within the 10-mph pace since majority of the drivers are within this range. Based on the above guidance, the following summarizes some of the critical project elements and our approach to the project: EXHIBIT A 9 1. Locate Exact Survey Points: Site selection is critical to the accurate collection of unencumbered speeds. The ideal location is situated beyond the influence of stops, dips, curves, parked vehicles, and any other conditions that may affect the normal rate of travel. Secondly, the ideal site must allow for the collections of data to occur without affecting the attention of the motorists. Kimley-Horn staff will review the specific locations and will provide the information to the City for review prior to the speed data collection. Data collection will only occur after confirmation of the locations by the City. 2. Field Review: Since field conditions play a significant factor in established speed surveys, Kimley-Horn has developed field review checklists so that critical information is collected. The field information is first collected by a field review team and then confirmed independently by a registered Engineer. We have found that conducting a second review helps minimize the omission of data and identifies critical factors that can affect the recommended speed limits. 3. Collision Review: A detailed collision review will be conducted to identify corridor related collisions. When conducting the review, it is important to remove those collisions that are not occurring directly on the roadway segment and those associated with signalized intersections. Kimley-Horn will calculate collision rates along each segment and then compare those rates to either the expected statewide average for similar roadway types or average citywide rates. If a segment rate is above the expected rate, a downgrading of the speed limit by 5 mph from what is indicated by the 85th percentile speed is generally justified. 4. Speed Limit Recommendations: As part of the speed limit evaluation, Kimley-Horn will identify the speed limit indicated by the 85th percentile speed and assess roadway and contextual factors that may justify a reduction. Consistent with California MUTCD guidance, speed limits are typically set within 5 mph of the 85th percentile speed; however, pursuant to Assembly Bill 43 (AB 43), local agencies may consider reductions greater than 5 mph below the 85th percentile speed when qualifying safety-related conditions are present. Factors that may support a reduced speed limit include collision rates exceeding expected levels, high pedestrian and/or bicycle activity, the presence of senior centers or other sensitive land uses, non-readily apparent roadway conditions such as limited sight distance, speeds outside the 10-mph pace, and consistency with adjacent roadway segments. These considerations will be evaluated to determine an appropriate and context-sensitive posted speed limit. On October 8, 2021, Assembly Bill 43 (AB 43) was approved and subsequently took effect on January 1, 2022, amending Sections 627, 21400, 22352, 22354, 22358, and 40802 of the California Vehicle Code (CVC), and adding Sections 22358.6, 22358.7, 22358.8, and 22358.9. AB 43 provides additional guidance and ﬂexibility for municipalities when establishing speed limits within their jurisdictions. Rather than relying solely on the 85th-percentile speed and statistical measures, AB 43 allows consideration of qualitative safety factors, including the presence of vulnerable pedestrian groups, land uses that generate high concentrations of pedestrians and bicyclists, and corridor context. This expanded framework gives cities greater discretion to retain existing speed limits or implement safety-based reductions. In 2022, Assembly Bill 1938 (AB 1938) further clariﬁed AB 43’s intent and implementation, reﬁning the application of these provisions within the CVC. Pertinent changes from this legislation include:  Consideration of vulnerable pedestrian groups, including children, seniors, persons with disabilities, users of personal assistive mobility devices, and the unhoused  Authority to retain existing speed limits or restore prior speed limits when supported by an engineering and traffic survey  Authority to round the 85th-percentile speed down to the nearest 5-mph increment and reduce the speed limit by an additional 5 mph along safety corridors or roadways adjacent to land uses generating high concentrations of pedestrians or bicyclists  Authority to establish speed limits of 25 mph within designated business activity districts  Extension of Engineering and Traffic Survey validity periods up to 14 years when qualifying conditions are met Methodology to Perform Scope The following summarizes the scope of services to complete an E&TS for the establishment of speed limits. The study will be completed based on the 2026 version of the California MUTCD, the latest version of the California Vehicle Code (CVC), and the speed survey guidance and approach as described above. The project includes up to 64 roadway segments with varying lengths and roadway conditions. Generally, for segments under 1 mile in length, one speed survey data point will be collected, unless the roadway characteristics would indicate a need to collect speed data at multiple locations. For segments greater than 1 mile in length, it is recommended that multiple speed data survey points be collected and average for the speed data set be used. For this project, Kimley-Horn will follow the scope outlined by the RFP, and assume that all roadway segments are less than 1 mile in length and anticipates radar data collection will be collected at up to 64 locations. 10 The following sections outline the tasks for the project. The tasks have been prepared based on the scope information as outlined in the RFP and ordered based on the project ﬂow. TASK 1 – PROJECT MANAGEMENT AND MEETINGS This task includes project management related tasks and meetings to include preparation of invoices, budget oversight, adherence to project scheduling, and general project coordination. Kimley-Horn will schedule a kick-off meeting with the City to review and ﬁnalize the scope of services, project schedule, and to discuss the approach. In addition, we will collect the following information from the City: Collision data [Statewide Integrated Traffic Records Systems (SWITRS) data files for the past three years] Average citywide accident rates, if available Available traffic counts Previous speed survey report data GIS map for development of the speed maps, if available One additional meeting, outside of the kick-off meeting, to review and discuss the recommendations and survey documentation is included in the scope of services. TASK 2 – FIELD REVIEW AND DATA COLLECTION Kimley-Horn will conduct ﬁeld observations for each of the roadway segments that will be surveyed to identify roadway conditions, land uses, parking turnover, pedestrian activity, sight distance constraints, existing posted speed limits, driveways, geometry, and other roadside conditions not readily apparent to the driver. The ﬁeld review will also include an inventory of the existing speed limit signs along the roadways including sign location, size, and speed limit. The ﬁeld data will be recorded on a map in a similar format as Figure 2B-101 (CA) of the California MUTCD. It is important to establish the location of the radar survey collection during the initial ﬁeld observation. Site selection is critical to accurately collect free-ﬂow speeds. The ideal location is situated beyond the inﬂuence of stops, dips, curves, parked vehicles, and any other condition that may affect the normal rate of travel. The ideal site must also allow for the collection of data to occur while being unnoticed by motorists. After identifying the locations, Kimley-Horn will provide the information to the City for review prior to the speed data collection. Data collection will occur only after conﬁrmation of the locations by the City. Radar speed surveys will be conducted in good weather and on a typical weekday, outside of peak periods (not between 7 a.m. to 9 a.m. or 3 p.m. to 6 p.m.), at up to 64 locations. The selected roadway segments will be surveyed during free-ﬂow periods (outside of peak trafﬁc hours) with a minimum sample size of 100 vehicles per direction at each location. For low volume locations, the survey will be conducted for a minimum of two hours and will continue until 50 samples in each direction are obtained. Although not expected, for extremely low volume locations, a maximum of two hours will be dedicated to collecting samples. This method will be conﬁrmed with the City prior to limiting the surveys to under 50 vehicles. The date and time of data collection at each segment will be coordinated with the City’s street sweeping schedule. The radar speed surveys will be conducted by IDAX. The radar speed survey will be performed with a calibrated hand-held radar gun and Kimley-Horn will obtain a calibration certiﬁcate from IDAX and submit it to the City prior to conducting any speed survey. Seven-day Average Daily Trafﬁc (ADT) counts shall be conducted at 64 roadway segments using the mechanical (pneumatic) tube count method. Pneumatic road tubes and electronic trafﬁc recorders shall be installed at each segment for a continuous seven-day monitoring period to collect directional vehicle volume, operating speed, and vehicle classiﬁcation data. Trafﬁc volumes shall be recorded continuously from midnight-to-midnight for each day of the seven-day period, unless otherwise approved by the City, and shall be summarized in 15-minute reporting intervals. Deliverables shall include daily trafﬁc totals for each roadway segment as well as identiﬁcation of the peak three-hour periods for the morning, midday, and evening peak conditions, including the corresponding twelve 15-minute peak intervals for each day of the monitoring period. Trafﬁc counts shall not be conducted during City-designated holidays, periods of forecasted adverse weather, school breaks, or when normal trafﬁc patterns are disrupted by construction activities or scheduled special events. All counts shall be performed during regular school session periods in accordance with the Cupertino School District calendar. 11 TASK 3 – COLLISION REVIEW Kimley-Horn will compile and analyze collision data for each roadway segment included in the Engineering and Trafﬁc Survey for the most recent three-year period (2022, 2023, and 2024). Collision information will be obtained from available sources, including the Santa Clara County Sheriff’s collision logs and the California Statewide Integrated Trafﬁc Records System (SWITRS). Collision data will be summarized and documented on the Engineering and Trafﬁc Survey Form for each roadway segment. Using the reported collision data and corresponding Average Daily Trafﬁc (ADT), Kimley-Horn will calculate a collision rate per million vehicle miles traveled (Accidents/MVM) for each segment. The resulting total collision rates will be compared to the applicable California State Highways and Urban Roadways collision rate indices to evaluate relative safety performance and support speed limit justiﬁcation and recommendations TASK 4 – COMPILE DATA AND DEVELOP RECOMMENDATIONS OF SPEED LIMITS Following data collection, the radar speed surveys will be entered into an Excel tool developed by Kimley-Horn. For each location surveyed, we will calculate the 50th and 85th percentile speeds, 10-mph pace, percent in pace speed, percentage over and under pace speed, and average speed. We will verify the speed data so that the 95% probability sample data represents the population data. A Cumulative Speed Curve Sheet and Vehicle Speed Survey Sheet will be prepared for each survey segment. Prior to reduction of the data, Kimley-Horn will conﬁrm the method and format of the data summaries and reports to be prepared. At a minimum, Kimley-Horn will prepare a Cumulative Speed Curve Sheet and Vehicle Speed Survey Sheet for each survey segment. In addition, a roadway summary in textual format will be prepared or a graphical summary similar to Figure 2B-103 (CA) of the California MUTCD will be prepared. Based on the statistical results of the speed surveys, collision review, and the ﬁeld review of roadside conditions and characteristics, a recommendation of posted speed limits will be made for each segment surveyed. The results and recommended speed limit for each location will be summarized individually in a 2-page summary report format. The summary report will include segment name, limits of surveys, existing speed limit, proposed speed limit, dates and times of surveys, speed data, statistical results, and speed justiﬁcation as appropriate. The results and recommended speed limits will also be summarized in tabular form for all segments. The table summary format will include segment name, limits of surveys, existing speed limit, proposed speed limit, dates and times of surveys, data collection (by street classiﬁcation), 10-mph pace, and downgrading justiﬁcation as appropriate. Kimley-Horn will submit a draft of each summary report to the City for review and comment. TASK 5 – PREPARE PROJECT REPORT A draft report will be prepared and will include a certiﬁcation statement, introduction, a discussion on “realistic speed zoning”, operational procedures, applicable California Vehicle Code sections, collision history, a summary table of recommended speeds, individual summary sheets, statistical data sheets, raw radar speed survey data for each street segment, and a radar device certiﬁcation certiﬁcate. The report will include the 2-page summary reports (Cumulative Speed Curve Sheet and Vehicle Speed Survey Sheet) prepared in Task 4. In addition, Kimley- Horn can provide a textual summary and tabular summary for each roadway segment. The proposed report will focus on the necessary elements to meet the applicable CVC and CA MUTCD requirements for a certiﬁed E&TS Study. Information not required for an E&TS study will not be included. The draft report will be provided to the City in electronic (.pdf) format and up to three (3) copies of the draft report in binder format will be submitted to the City for review and comment. Based on one set of non-conﬂicting comments on the draft report, Kimley-Horn will prepare a ﬁnal report. The report will be in binder format and will be suitable for ﬁling with the court system. The City will be provided with three (3) copies of the completed Final Report and a PDF copy of all documentation and maps. 13 CHAPTER 4 – PROJECT SCHEDULE Our schedule is tailored to meet the RFP requirements and complete the project within 90 days of the Notice to Proceed (NTP). Per the RFP, the NTP is anticipated in May or June, and most Cupertino schools will be on summer break beginning June 5, 2026. At that time, while speed surveys may still be collected, 24-hour tube counts will not be feasible due to reduced trafﬁc volumes. Kimley-Horn is prepared to begin collecting hose count and speed data immediately upon receipt of the NTP, however, receipt by late April or early May is preferred, as data collection at 64 locations may require several weeks to complete. EXHIBIT B Category/Title Billing Rate $325.00 $430.00 $280.00 $215.00 $185.00 $150.00 Task 1 2 0 12 2 0 4 20 $ 5,040 1.1 2 4 2 8 $ 2,200 1.2 8 4 12 $ 2,840 Task 2 0 0 2 10 16 0 28 $ 5,670 2.1 2 8 16 26 $ 5,240 2.2 1 1 $ 215 2.3 1 1 $ 215 Task 3 1 0 2 6 12 0 21 $ 4,395 3.1 2 4 8 14 $ 2,900 3.2 1 2 4 7 $ 1,495 Task 4 2 2 3 8 44 0 59 $ 12,210 4.1 1 8 24 33 $ 6,440 4.2 2 2 2 20 26 $ 5,770 Task 5 3 3 3 18 12 2 41 $ 9,495 5.1 2 2 2 16 8 2 32 $ 7,290 5.2 1 1 1 2 4 9 $ 2,205 $2,600 $2,150 $6,160 $9,460 $15,540 $900 $ 36,810 $ 23,000 $ 14,500 $ 8,500 $ 59,810 TOTAL COST: Professional CITY OF CUPERTINO Engineering and Traffic Surveys Kimley-Horn and Associates, Inc. Project Support TOTAL HOURS TOTAL COST Analyst Project Management and Meetings Meetings Project management and accounting Sr. Professional I Project Manager QA/QC Manager Field Review and Data Collection Field Review Traffic volume collection & coordination Radar survey coordination Collision Review Analysis Summarize Data Develop Speed Recommendations Develop Sheets Speed Recommendations Project Report Draft Report Final Report IDAX - ADTs (assuming 64 segments) Subtotal Labor: Other Direct Costs IDAX - Radar Speed Survey Data Collection EXHIBIT C Exh. D-Insurance Requirements for Professional 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 Professional Consultant Contracts Exh. D-Insurance Requirements for Professional 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 Professional 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. 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 4/22/2026 Edgewood Partners Ins Center 3780 Mansell Rd.Suite 370 Alpharetta GA 30022 Jerry Noyola 770.552.4225 greylingcerts@greyling.com National Union Fire Ins Co of Pittsburg 19445 KIMLASS New Hampshire Insurance Company 23841Kimley-Horn and Associates,Inc. 421 Fayetteville Street,Suite 600 Raleigh,NC 27601 Lloyd's of London 85202 Columbia Casualty Company 31127 1402156345 A X 2,000,000 X 1,000,000 X Contractual Liab 25,000 2,000,000 4,000,000 X X GL5268169 4/1/2026 4/1/2027 4,000,000 A A 2,000,000 X X X CA4489663 (AOS) CA2970071 (MA) 4/1/2026 4/1/2026 4/1/2027 4/1/2027 D X X 5,000,000 X 8038116944 4/1/2026 4/1/2027 5,000,000 X 10,000 B B X N WC067961230 (AOS) WC013711885 (CA) 4/1/2026 4/1/2026 4/1/2027 4/1/2027 2,000,000 2,000,000 2,000,000 C Professional Liability RLUSP26000552026 4/1/2026 4/1/2027 Per Claim Aggregate $2,000,000 $2,000,000 Re:ENGINEERING &TRAFFIC SURVEYS.The City of Cupertino,its City Council,officers,officials,employees,agents,servants and volunteers are named as Additional Insureds with respects to General &Automobile Liability where required by written contract.The above referenced liability policies with the exception of workers compensation and professional liability are primary &non-contributory where required by written contract.Waiver of Subrogation in favor of Additional Insured(s)where required by written contract &allowed by law.Should any of the above described policies be cancelled by the issuing insurer before the expiration date thereof,30 days'written notice (except 10 days for nonpayment of premium)will be provided to the Certificate Holder.Deductibles:General Liability -$0:Automobile Liability -$0;Professional Liability -$100,000. City of Cupertino 10300 Torre Avenue Cupertino CA 95014 THIS CERTIFICATE SUPERSEDES PREVIOUSLY ISSUED CERTIFICATE 04/01/2024 CA4489663 04/01/202504/01/2026 04/01/2024 CA4489663 04/01/202504/01/2026 04/01/2024 CA4489663 04/01/202504/01/2026 POLICY NUMBER: ADDITIONAL INSURED - OWNERS, LESSEES ORCONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 526-81-69 ANY PERSON OR ORGANIZATION WHOM YOU BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO. PER THE CONTRACT OR AGREEMENT. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Insurance Services Office, Inc., 2018CG 20 10 12 19 Page of1 2 GL5268169 A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1.Your acts or omissions; or 2.The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B.With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1.All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2.That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C.With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. Insurance Services Office, Inc., 2018 CG 20 10 12 19Page of2 2 ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART POLICY NUMBER:526-81-69 ANY PERSON OR ORGANIZATION WHOM YOU BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO. PER THE CONTRACT OR AGREEMENT. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B.With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. CG 20 37 12 19 Page ofInsurance Services Office, Inc., 2018 1 1 GL5268169 POLICY NUMBER: PRIMARY AND NONCONTRIBUTORY - COMMERCIAL GENERAL LIABILITY CG 20 01 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 01 12 19 Insurance Services Office, Inc., 2018 Page 1 of 1 OTHER INSURANCE CONDITION The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1)The additional insured is a Named Insured under such other insurance; and (2)You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART 526-81-69GL5268169 POLICY NUMBER: WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) COMMERCIAL GENERAL LIABILITY CG 24 04 12 19 This endorsement modifies insurance provided under the following: SCHEDULE Name Of Person(s) Or Organization(s): COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS 526-81-69 PURSUANT TO APPLICABLE WRITTEN CONTRACT OR AGREEMENT YOU ENTER INTO. Information required to complete this Schedule, if not shown above, will be shown in the Declarations.Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV – Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s) shown in the Schedule above. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV – Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s) shown in the Schedule above. CG 24 04 12 19 Insurance Services Office, Inc., 2018 Page 1 of 1 GL5268169 BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy). This endorsement, effective 12:01 AM forms a part of Policy No. Issued to By We have a right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against any person or organization with whom you have a written contract that requires you to obtain this agreement from us, as regards any work you perform for such person or organization. The additional premium for this endorsement shall be % of the total estimated workers compensation premium for this policy. WC 04 03 61 Countersigned by _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (Ed. 11/90) Authorized Representative 04/01/202WC KIMLEY-HORN AND ASSOCIATES, INC. NEW HAMPSHIRE INSURANCE COMPANY 2.00 04/01/2026 Engineering and Traffic Surveys Project Final Audit Report 2026-05-12 Created:2026-05-11 By:Webmaster Admin (webmaster@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAAKhlXdhDunm6pOCVP2KJ2epvfK850YvXI "Engineering and Traffic Surveys Project" History Document created by Webmaster Admin (webmaster@cupertino.org) 2026-05-11 - 4:19:05 PM GMT- IP address: 35.229.54.2 Document emailed to aracelia@cupertino.org for approval 2026-05-11 - 4:27:04 PM GMT Email viewed by aracelia@cupertino.org 2026-05-11 - 4:27:39 PM GMT- IP address: 54.91.170.132 Signer aracelia@cupertino.org entered name at signing as Araceli Alejandre 2026-05-12 - 1:16:04 AM GMT- IP address: 71.202.76.156 Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2026-05-12 - 1:16:06 AM GMT - Time Source: server- IP address: 71.202.76.156 Document emailed to brian.sowers@kimley-horn.com for signature 2026-05-12 - 1:16:09 AM GMT Email viewed by brian.sowers@kimley-horn.com 2026-05-12 - 1:31:24 AM GMT- IP address: 73.189.68.28 Signer brian.sowers@kimley-horn.com entered name at signing as Brian Sowers 2026-05-12 - 7:32:34 PM GMT- IP address: 134.238.198.140 Document e-signed by Brian Sowers (brian.sowers@kimley-horn.com) Signature Date: 2026-05-12 - 7:32:36 PM GMT - Time Source: server- IP address: 134.238.198.140 - Signature Appearance Selected: IMAGE Document emailed to michaelw@cupertino.org for signature 2026-05-12 - 7:32:39 PM GMT Email viewed by michaelw@cupertino.org 2026-05-12 - 7:32:59 PM GMT- IP address: 3.237.16.14 Signer michaelw@cupertino.org entered name at signing as Michael K Woo 2026-05-12 - 9:23:23 PM GMT- IP address: 64.165.34.3 Document e-signed by Michael K Woo (michaelw@cupertino.org) Signature Date: 2026-05-12 - 9:23:25 PM GMT - Time Source: server- IP address: 64.165.34.3 - Signature Appearance Selected: TYPE Document emailed to Chad Mosley (chadm@cupertino.org) for signature 2026-05-12 - 9:23:29 PM GMT Email viewed by Chad Mosley (chadm@cupertino.org) 2026-05-12 - 9:23:35 PM GMT- IP address: 54.221.135.217 Document e-signed by Chad Mosley (chadm@cupertino.org) Signature Date: 2026-05-12 - 10:53:43 PM GMT - Time Source: server- IP address: 64.165.34.3 - Signature Appearance Selected: IMAGE Document emailed to laurens@cupertino.org for signature 2026-05-12 - 10:53:46 PM GMT Email viewed by laurens@cupertino.org 2026-05-12 - 10:53:53 PM GMT- IP address: 54.221.97.198 Signer laurens@cupertino.org entered name at signing as Lauren Sapudar 2026-05-12 - 11:29:56 PM GMT- IP address: 64.165.34.3 Document e-signed by Lauren Sapudar (laurens@cupertino.org) Signature Date: 2026-05-12 - 11:29:58 PM GMT - Time Source: server- IP address: 64.165.34.3 - Signature Appearance Selected: TYPE Agreement completed. 2026-05-12 - 11:29:58 PM GMT