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21-192 Fehr & Peers, Preparation of an Intersection Level of Service (LOS) Analysis for 19191 Vallco Parkway
Page 1 of 9 Professional/Consulting Contracts / Fehr & Peers 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 the preparation of an intersection level of service (LOS) analysis for 19191 Vallco Parkway and is effective on the last date signed below (“Effective Date”). 2. SERVICES Contractor agrees to provide the services and perform the tasks (“Services”) set forth in detail in Scope of Services, attached here and incorporated as Exhibit A. Contractor further agrees to carry out its work in compliance with any applicable local, State, or Federal order regarding COVID-19. 3. TIME OF PERFORMANCE 3.1 This Agreement begins on the Effective Date and ends on June 30, 2022 (“Contract Time”), unless terminated earlier as provided herein. Contractor’s Services shall begin on July 1, 2021, and shall be completed by June 30, 2022. 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 A. 3.3 Time is of the essence for the performance of all the Services. Contractor must have sufficient time, resources, and qualified staff to deliver the Services on time. 4. COMPENSATION 4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Services an amount that will based on actual costs but that will be capped so as not to exceed $24,000 (“Contract Price”), based upon the scope of services in Exhibit A and the budget and rates included in Exhibit A, 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. Page 2 of 9 Professional/Consulting Contracts / Fehr & Peers 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. Should any court, arbitrator, or administrative authority, including but not limited to the California Public Employees Retirement System (PERS), the Internal Revenue Service or the State Employment Development Division, determine that Contractor, or any of its employees, agents, or subcontractors, is an employee for any purpose, then Contractor agrees to a reduction in amounts payable under this Agreement, or to promptly remint to City any payments due by the City as a result of such determination, so that the City’s total expenses under this Agreement are not greater than they would have been had the determination not been made. 6. PROPRIETARY/CONFIDENTIAL INFORMATION In performing this Agreement, Contractor may have access to private or confidential information owned or controlled by the City, which may contain proprietary or confidential details the disclosure of which to third parties may be damaging to City. Contractor shall hold in confidence all City information provided by City to Contractor and use it only to perform this Agreement. 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. However, Contractor may Page 3 of 9 Professional/Consulting Contracts / Fehr & Peers reference the City and the nature of Contractor’s work under this Agreement as documentation of Contractor’s experience and expertise. 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. 7.6 Background IP and Third-Party Content. Notwithstanding anything to the contrary in this Agreement, Contractor shall retain all rights, titles, and interests, including but not limited to all ownership and intellectual property rights, in all inventions, improvements, discoveries, methodologies, models, formats, software, algorithms, processes, procedures, designs, specifications, findings, and other intellectual properties developed, gathered, compiled or produced by Contractor prior to or independently of any of its services under this Agreement (“Background IP”), including such Background IP that Contractor may employ in the performance of this Agreement, or may incorporate into any part of the Work Product. Co ntractor grants City an irrevocable, non-exclusive, transferable, royalty-free license in perpetuity to use, disclose, and derive from, such Background IP, but only as an inseparable part of the Work Product. Third-party content that may be used or incorporated in the Work Product shall not become the property of City. Page 4 of 9 Professional/Consulting Contracts / Fehr & Peers 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. 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 the 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: (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. Page 5 of 9 Professional/Consulting Contracts / Fehr & Peers 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 du e 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 (note: there is no Exhibit B or C to this contract), 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, Page 6 of 9 Professional/Consulting Contracts / Fehr & Peers age, sex, gender, sexual orientation, gender identity, Acquired-Immune Deficiency Syndrome (AIDS), or any other protected classification. Contractor shall comply with all anti-discrimination laws, including Government Code Sections 12900 and 11135, and Labor Code Sections 1735, 1777, and 3077.5. Consistent with City policy prohibiting harassment and discrimination, Contractor understands that harassment and discrimination directed toward a job applicant, an employee, a City employee, or any other person, by Contractor or its employees or sub-contractors will not be tolerated. Contractor agrees to provide records and documentation to the City on request necessary to monitor compliance with this provision. 13.4 Conflicts of Interest. Contractor shall comply with all conflict of interest laws applicable to this Agreement and must avoid any conflict of interest. Contractor warrants that no public official, employee, or member of a City board or commission who might have been involved in the making of this Agreement, has or will receive a direct or indirect financial interest in this Agreement, in violation of California Government Code Section 1090 et seq. Contractor may be required to file a conflict of interest form if Contractor makes certain governmental decisions or serves in a staff capacity, as defined in Section 18700 of Title 2 of the California Code of Regulations. Contractor agrees to abide by the City’s rules governing gifts to public officials and employees. 13.5 Remedies. Any violation of Section 13 constitutes a material breach and may result in City suspending payments, requiring reimbursements or terminating this Agreement. City reserves all other rights and remedies available under the law and this Agreement, including the right to seek indemnification under Section 11 of this Agreement. 14. PROJECT COORDINATION City Project Manager. The City assigns Chris Corrao 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, P.E. 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. Page 7 of 9 Professional/Consulting Contracts / Fehr & Peers 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 implied covenant will be valid to amend or abridge this Agreement. If there is any inconsistency between any term, clause, or provision of the main Agreement and any term, clause, or provision of the attachments or exhibits thereto, the terms of the main Agreement shall prevail and be controlling. 22. INSERTED PROVISIONS Each provision and clause required by law for this Agreement is deemed to be included and will be inferred herein. Either party may request an amendment to cure mistaken insertions or omissions of required provisions. The Parties will collaborate to implement this Section, as appropriate. Page 8 of 9 Professional/Consulting Contracts / Fehr & Peers 23. HEADINGS The headings in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit, or amplify the terms or provisions of this Agreement. 24. SEVERABILITY/PARTIAL INVALIDITY If any term or provision of this Agreement, or their application to a particular situation, is found by the court to be void, invalid, illegal, or unenforceable, such term or provision shall remain in force and effect to the extent allowed by such ruling. All other terms and provisions of this Agreement or their application to specific situations shall remain in full force and effect. The Parties agree to work in good faith to amend this Agreement to carry out its intent. 25. SURVIVAL All provisions which by their nature must continue after the Agreement expires or is terminated, including the Indemnification, Ownership of Materials/Work Product, Records, Governing Law, and Attorney Fees, shall survive the Agreement and remain in full force and effect. 26. NOTICES All notices, requests and approvals must be sent in writing to the persons below, which will be considered effective on the date of personal delivery or the date confirmed by a reputable overnight delivery service, on the fifth calendar day after deposit in the United States Mail, postage prepaid, registered or certified, or the next business day following electronic submission: To City of Cupertino Office of the City Manager 10300 Torre Ave. Cupertino, CA 95014 Attention: Erick Serrano Email: ericks@cupertino.org To Contractor: Fehr & Peers 460 W Santa Clara Street, Suite 675 San Jose, CA 95113 Attention: Ryan Caldera Email: r.caldera@fehrandpeers.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 Page 9 of 9 Professional/Consulting Contracts / Fehr & Peers 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: CHRISTOPHER D. JENSEN Cupertino City Attorney ATTEST: KIRSTEN SQUARCIA City Clerk Date Principal Aug 13, 2021 Franziska Church Christopher D. Jensen Aug 13, 2021 Director of Community Development Benjamin Fu Aug 13, 2021 160 W. Santa Clara Street | Suite 675 | San José, CA 95113 | (408) 278-1700 | Fax (408) 278-1717 www.fehrandpeers.com April 22, 2021 Terri McCracken Placeworks 1625 Shattuck Avenue, Suite 300 Berkeley, California 94709 Subject: Proposal to Prepare an Intersection Level of Service (LOS) Analysis for the 19191 Vallco Parkway Project in Cupertino, California Dear Ms. McCracken, Fehr & Peers is pleased to submit this proposal to prepare an LOS impact analysis for the proposed development at 19191 Vallco Parkway in Cupertino, California. The project site is bounded by Vallco Parkway to the south, Tantau Avenue to the east, I-280 to the north, and neighboring office buildings to the west. The project site is also within one-quarter mile of Stevens Creek Boulevard, a high-quality transit corridor as defined by VTA. Currently, 19191 Vallco Parkway is occupied by Apple as part of their Vallco Campus. The proposed project includes demolishing the existing two-story, 141,000 square-foot office building and construction a four-story, 281,500 square-foot office building. The new office building will include 280,000 square feet of office space and 1,500 square feet of retail space . Upon completion, the new building will be reoccupied by Apple. Site access would remain similar to existing conditions with two vehicle driveways and one pedestrian entrance on Vallco Parkway. The purpose of the analysis is to provide an analysis of potential effects (adverse and beneficial) on intersection and freeway segments near the project site for City development application and congestion management compliance purposes. Our proposed scope of work, schedule, and fee estimate are below. Terri McCracken April 22, 2021 Page 2 of 6 Scope of Work Task 1 – Finalize Analysis Methods and Assumptions We will confirm analysis methods and assumptions for the LOS analysis, including: •LOS analysis methods and deficiency thresholds •Study intersections and freeway segments We assume that we will continue to use the LOS analysis methods as presented in the 2014 update of VTA’s Transportation Impact Analysis Guidelines. The AM and PM peak hour net-new traffic estimates developed for the analysis will be assigned to the surrounding roadway network to verify the study intersections and freeway segments. Using a preliminary trip generation and trip assignment, the following study intersections and freeway segments were selected: Study Intersections 1.Stevens Creek Boulevard / Wolfe Road 2.Stevens Creek Boulevard / Tantau Avenue 3.Vallco Parkway / Wolfe Road 4.Vallco Parkway / Main Street Cupertino Garage-Project Driveway 1 5.Vallco Parkway / Project Driveway 2 6.Vallco Parkway / Tantau Avenue Study Freeway Segments •I-280 between De Anza Boulevard and Wolfe Road •I-280 between Wolfe Road and Lawrence Expressway The site’s net-new trip generation will include estimates of the new project trip generation and a credit for the existing buildings on-site. The trip credit for existing uses and proposed uses will be determined as using trip generation rates developed for the Apple Campus 2 Project Environmental Impact Report (2012). These trip generation rates consider Apple’s robust Transportation Demand Management (TDM) program for its employees , including strategies such as an extensive employee shuttle network, intercampus bicycle sharing, and onsite amenities that reduce the need for midday trips. We will develop vehicle trip distribution and trip assignment for the proposed project using standard engineering practices. If available, we will use anonymized employee home location data for Apple’s nearby offices to better estimate the project employee commute patterns. Exhibit A Terri McCracken April 22, 2021 Page 3 of 6 We will present our analysis methods and assumptions for review by City staff. This task assumes Fehr & Peers will participate in one conference call to discuss the draft assumptions memorandum. We will then update the memo to document the final methods and assumptions to be used in this analysis. Deliverable: Draft and Final Methods and Assumptions Technical Memorandum. Task 2 – Level of Service Analysis Fehr & Peers will evaluate the project’s LOS effects consistent with the Cupertino General Plan and the Santa Clara County Congestion Management Program. The tasks included includes the following tasks. Data Collection We anticipate that the study area will focus on the major intersections and facilities near the project site. Data requirements for the study area are listed below: •Recent historical morning (7:00 to 9:00 AM) and evening (4:00 to 6:00 PM) peak period intersection counts (including pedestrian, bicycle, and vehicular turning movement volumes). This scope assumes that all counts will be provided by the City. •Existing and planned roadway geometries and traffic controls. •Existing and planned transit service and facility descriptions. •Existing and planned pedestrian and bicycle facility descriptions. •List of approved and pending development projects to account for local growth in the area. COVID-19 Note: The intersection counts that will be used for this analysis were collected prior to the voluntary shelter-in-place polices implemented by several large technology firms beginning the first week in March 2020 and the formal shelter-in-place order issued by Santa Clara County Public Health Department on March 16, 2020 to slow the spread of COVID-19. Looking ahead, these changes in travel patterns are likely to prevail for many months. This scope assumes no recent counts are available for the study intersections and that we will use StreetLight© data to develop intersection counts. The physical characteristics of the roadways within the study area will be reviewed to identify existing roadway cross-sections, intersection lane configurations, and traffic control devices. Field visits are currently prohibited by the County of Santa Clara’s shelter -in-place order for COVID-19. If field visits are permitted when this analysis begins, surrounding land uses, and the locations of pedestrian, bicycle, and transit facilities will also be observed during the field visits. Otherwise we will rely on past field observations in the study area and aerial photography. Terri McCracken April 22, 2021 Page 4 of 6 Existing Conditions We will use the LOS method identified in the task above to analyze the study intersections. We will use the LOS methods consistent with VTA’s analysis methods as presented in the 2014 Transportation Impact Analysis Guidelines, which is currently based on the Highway Capacity Manual 2000. Operations of the study intersections will be evaluated for mid-week AM and PM peak hours with level of service calculations using TRAFFIX analysis software. Existing operations of the freeway segments will be obtained from the latest VTA monitoring report. Freeway segment operations will be evaluated following Santa Clara County CMP guidelines using the VTA CMP freeway analysis spreadsheet. Existing with Project Conditions The project trip estimates will be added to the existing traffic volumes to represent Existing with Project Conditions. Calculations will be conducted to estimate the LOS of the study intersections and freeway segments during the AM and PM peak hours after completion of the proposed project. Background Conditions Traffic projections for approved developments will be obtained from City staff or estimated using ITE trip generation rates to account for local growth in the area. These local projections will be added to the existing volumes to estimate traffic volumes for Background Conditions. Planned and funded roadway and intersection improvements associated with the approved projects will be included in the analysis. AM and PM peak hour level of service calculations will be conducted to evaluate the operating levels of the study intersections. Background with Project Conditions The project trip estimates will be added to the background traffic volumes to represent Background with Project Conditions. Calculations will be conducted to estimate the LOS of the study intersections during the AM and PM peak hours after completion of the proposed project. Cumulative Conditions Traffic projections for pending developments will be obtained from City staff or estimated using ITE trip generation rates to account for long-term growth in the area. These projections will be added to the volumes for Background Conditions to estimate traffic volumes for Cumulative Conditions. AM and PM peak hour level of service calculations will be conducted to evaluate the operating levels of the study intersections. Terri McCracken April 22, 2021 Page 5 of 6 Cumulative with Project Conditions The project trip estimates will be added to the cumulative traffic volumes to represent Cumulative with Project Conditions. Calculations will be conducted to estimate the LOS of the study intersections during the AM and PM peak hours after completion of the proposed project. Deficiency Analysis The results of the level of service calculations for Existing Conditions will be compared to the results for Existing with Project Conditions to identify project deficiencies at the study locations and freeway segments. Similarly, the results of the intersection level of service calculations for Background No Project and Cumulative No Project conditions will be compared to the corresponding with Project scenario. Feasible improvements will be identified for locations with deficiencies. Feasible improvements are those that can be constructed within the existing right-of-way or that require minimal right- of-way acquisition, such as minor intersection lane additions and restriping. Modifications to intersection operations, including changes to signal phasing and timing, will also be considered. If more substantial capacity enhancements are needed, they will be identified, and the project’s fair share traffic contribution (in terms of peak hour traffic volumes) will be calculated. The draft improvements will be shared with City staff prior to submittal of the administrative draft of the transportation impact analysis report. This scope of work includes the development of planning level cost estimates for proposed physical improvements for up to five mitigation measures. Task 3 – Documentation We will document our findings in a memo that will include text, graphics, and tables to describe study analysis methods and results, the potential LOS effects of the proposed project, and corresponding mitigation measures. Fehr & Peers will submit one electronic version of the memo for review by the City. This scope assumes up to eight staff hours to respond to all comments on the Administrative Draft memo and prepare the Draft memo for City review. Fehr & Peers will submit one electronic version of the Draft TIA report for review by the City. This scope assumes up to six staff hours to respond to comments on the Draft memo received from the City of Cupertino. Once the comments have been incorporated, we will produce a Final memo and submit one electronic copy to City staff. Deliverables: Administrative Draft, Draft, and Final LOS Analysis Memo Task 4 – Project Meetings and Coordination In addition to the meetings previously identified in this scope of work, two Fehr & Peers staff will attend up to two conference calls with the project team to discuss analysis results. Terri McCracken April 22, 2021 Page 6 of 6 Fee Estimate and Schedule Fehr & Peers will perform this analysis on a time-and-materials basis with a not-to-exceed budget of $24,000. We will submit the draft methods and assumptions memorandum within three weeks following receipt of a fully executed contract. Once the methods and assumptions are finalized, we will begin the transportation analysis. We will submit the Administrative Draft Transportation Impact Analysis Report within four to six weeks of finalizing the analysis methods and assumptions, as well as, intersection counts. Invoices will be submitted monthly for services rendered and are due and payable upon receipt. If the terms of this proposal are acceptable to you, please forward a contract for our review and execution. We look forward to working with you on this project. If you have any questions or comments, please call Ryan Caldera at (408) 645-7022. Sincerely, FEHR & PEERS Ryan Caldera Senior Transportation Engineer Franziska Church, AICP Principal P20-3803-SJ Exhibits B & C Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts 1 Form Updated Sept. 2019 Consultant shall procure prior to commencement of Services and maintain for the duration of the contract, at its own cost and expense, the following insurance policies and coverage with companies doing business in California and acceptable to City. INSURANCE POLICIES AND MINIMUMS REQUIRED 1. Commercial General Liability (CGL) for bodily injury, property damage, personal injury liability for premises operations, products and completed operations, contractual liability, and personal and advertising injury with limits no less than $2,000,000 per occurrence (ISO Form CG 00 01). If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO Form CG 25 03 or 25 04) or it shall be twice the required occurrence limit. a. It shall be a requirement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be (i) the minimum coverage/limits specified in this agreement; or (ii) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. b. Additional Insured coverage under Consultant's policy shall be "primary and non-contributory," will not seek contribution from City’s insurance/self-insurance, and shall be at least as broad as ISO Form CG 20 10 (04/13). c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess insurance, provided each policy complies with the requirements set forth in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary basis for the benefit of City before the City’s own insurance or self- insurance shall be called upon to protect City as a named insured. 2. Automobile Liability: ISO CA 00 01 covering any auto (including owned, hired, and non-owned autos) with limits no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers’ Compensation: As required by the State of California, with Statutory Limits and Employer’s Liability Insurance of no less than $1,000,000 per occurrence for bodily injury or disease. Not required. Consultant has provided written verification of no employees. 4. Professional Liability for professional acts, errors and omissions, as appropriate to Consultant’s profession, with limits no less than $2,000,000 per occurrence or $2,000,000 aggregate. If written on a claims made form: a. The Retroactive Date must be shown and must be before the Effective Date of the Contract. b. Insurance must be maintained for at least five (5) years after completion of the Services. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Contract Effective Date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the Services. EXHIBIT D Insurance Requirements Design Professionals & Consultants Contracts Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts 2 Form Updated Sept. 2019 OTHER INSURANCE PROVISIONS The aforementioned insurance shall be endorsed and have all the following conditions and provisions: Additional Insured Status The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers (“Additional Insureds”) are to be covered as additional insureds on Consultant’s CGL and automobile liability policies. General Liability coverage can be provided in the form of an endorsement to Consultant’s insurance (at least as broad as ISO Form CG 20 10 (11/ 85) or both CG 20 10 and CG 20 37 forms, if later editions are used). Primary Coverage Coverage afforded to City/Additional Insureds shall be primary insurance. Any insurance or self-insurance maintained by City, its officers, officials, employees, or volunteers shall be excess of Consultant’s insurance and shall not contribute to it. Notice of Cancellation Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums. Waiver of Subrogation Consultant waives any right to subrogation against City/Additional Insureds for recovery of damages to the extent said losses are covered by the insurance policies required herein. Specifically, the Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Consultant, its employees, agents and subconsultants. This provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Deductibles and Self-Insured Retentions Any deductible or self-insured retention must be declared to and approved by the City. At City’s option, either: the insurer must reduce or eliminate the deductible or self-insured retentions as respects the City/Additional Insureds; or Consultant must show proof of ability to pay losses and costs related investigations, claim administration and defense expenses. The policy shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the insured or the City. Acceptability of Insurers Insurers must be licensed to do business in California with an A.M. Best Rating of A-VII, or better. Verification of Coverage Consultant must furnish acceptable insurance certificates and mandatory endorsements (or copies of the policies effecting the coverage required by this Contract), and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements prior to commencement of the Contract. City retains the right to demand verification of compliance at any time during the Contract term. Subconsultants Consultant shall require and verify that all subconsultants maintain insurance that meet the requirements of this Contract, including naming the City as an additional insured on subconsultant’s insurance policies. Higher Insurance Limits If Consultant maintains broader coverage and/or higher limits than the minimums shown above, City shall be entitled to coverage for the higher insurance limits maintained by Consultant. Adequacy of Coverage City reserves the right to modify these insurance requirements/coverage based on the nature of the risk, prior experience, insurer or other special circumstances, with not less than ninety (90) days prior written notice. ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 4/8/2021 License # 0E67768 (925) 660-3514 50008 (925) 416-7869 13056 Fehr & Peers 100 Pringle Avenue, Suite 600 Walnut Creek, CA 94596 29424 19917 A 2,000,000 X X PSB0006683 12/6/2020 12/6/2021 1,000,000 10,000 2,000,000 4,000,000 4,000,000 1,000,000A X X PSA0002276 12/6/2020 12/6/2021 5,000,000A PSE0002889 12/6/2020 12/6/2021 5,000,000 B X 57WEGZJ1989 5/1/2021 5/1/2022 1,000,000 1,000,000 1,000,000 C Professional Liab.AEXNYABEFJ2005 12/6/2020 Per Claim 5,000,000 C Professional Liab.AEXNYABEFJ2005 12/6/2020 12/6/2021 Aggregate 5,000,000 Library Expansion All Operations of the Named Insured, including the aforementioned project, if any. General Liability: Please see blanket Additional Insured endorsement attached; such coverage is Primary and Non-Contributory with Waiver of Subrogation included, as required per written contract. Auto Liability: No company owned vehicles. Please see blanket Additional Insured endorsement with Waiver of Subrogation included, as required per written contract. Workers' Compensation: Waiver of Subrogation is included as per attached blanket Waiver of Subrogation endorsement, as required per written contract. SEE ATTACHED ACORD 101 City of Cupertino 10300 Torre Ave. Cupertino, CA 95014 FEHR&PE-01 MICHAELA IOA Insurance Services 3875 Hopyard Road Suite 200 Pleasanton, CA 94588 Gigi Yuen Gigi.Yuen@ioausa.com RLI Insurance Company Hartford Casualty Insurance Company Liberty Insurance Underwriters, Inc X 12/6/2021 X X X X X X X FORM NUMBER: EFFECTIVE DATE: The ACORD name and logo are registered marks of ACORD ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE FORM TITLE: Page of THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, ACORD 101 (2008/01) AGENCY CUSTOMER ID: LOC #: AGENCY NAMED INSURED POLICY NUMBER CARRIER NAIC CODE © 2008 ACORD CORPORATION. All rights reserved. IOA Insurance Services FEHR&PE-01 SEE PAGE 1 1 SEE PAGE 1 ACORD 25 Certificate of Liability Insurance License # 0E67768 1 SEE P 1 Fehr & Peers 100 Pringle Avenue, Suite 600 Walnut Creek, CA 94596 SEE PAGE 1 MICHAELA 1 Description of Operations/Locations/Vehicles: GENERAL LIABILITY & AUTO LIABILITY INCLUDE THE FOLLOWING PERSON(S) OR ORGANIZATION(S): The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers, as required per written contract. 30 day notice of cancellation is included in the policy provisions. PROFESSIONAL LIABILITY RETROACTIVE DATE: 01/01/1985. Professional Liability follows Claims Made form. Policy Number:RLI Insurance Company Named Insured: PPB 304 02 12 Page 1 of 1 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 1. C. WHO IS AN INSURED is amended to include as an additional insured any person or organization that you agree in a contract or agreement requiring insurance to include as an additional insured on this policy, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by you or those acting on your behalf: 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 III H.2. Other Insurance – COMMON POLICY CONDITIONS (BUT APPLICABLE ONLY TO SECTION II – LIABILITY) However, if you specifically agree in a contract or agreement that the insurance provided to an additional insured under this policy must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such additional insured as a named insured, and we will not share with that other insurance, provided that: 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. 4.The following is added to SECTION III K. 2. Transfer of Rights of Recovery Against Others to Us – COMMON POLICY CONDITIONS (BUT APPLICABLE TO ONLY TO SECTION II – LIABILITY) 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. PSB0006683 Fehr & Peers LIABILITY) 4.The following is added to SECTION III K. 2.g Transfer of Rights of Recovery Against Others togyg Us – COMMON POLICY CONDITIONS (BUT( APPLICABLE TO ONLY TO SECTION II – 1. C. WHO IS AN INSURED isamended to include as an additional insured anyperson or organization thatyp g you agreeinacontractoragreement requiringyg g qg insurance to include as an additionalinsured onthis policy, but only with respect to liability for "bodilypy injury", y "property p damage"or y "personal y andjy pp y g p advertising injury" caused in whole or in part by you or those acting on your behalf: gjy However, if you specifically agree in a contract oryp yg agreement that the insurance provided to an additional insured under this policy must apply on a primary basis, or a primary and non-contributory py ppy py py y basis, this insurance is primary to other insurancepy thatisavailable tosuch additionalinsured which covers such additional insured as a named insured, and we will not share with that other insurance, provided that: Policy Number:RLI Insurance Company Named Insured: PPA 300 03 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® BUSINESS AUTO ENHANCEMENT SCHEDULE OF COVERAGES ADDRESSED BY THIS ENDORSEMENT A. Broad Form Named Insured B. Employees As Insureds C. Blanket Additional Insured D. Blanket Waiver Of Subrogation E. Employee Hired Autos F. Fellow Employee Coverage G. Auto Loan Lease Gap Coverage H. Glass Repair – Waiver Of Deductible I. Personal Effects Coverage J. Hired Auto Physical Damage Coverage K. Hired Auto Physical Damage – Loss Of Use L. Hired Car – Worldwide Coverage M. Temporary Transportation Expenses N. Amended Bodily Injury Definition – Mental Anguish O. Airbag Coverage P. Amended Insured Contract Definition – Railroad Easement Q. Coverage Extensions – Audio, Visual And Data Electronic Equipment Not Designed Solely For The Production Of Sound R. Notice Of And Knowledge Of Occurrence S. Unintentional Errors Or Omissions T. Towing Coverage PSA0002276 Fehr & Peers C. Blanket Additional Insured D. Blanket Waiver Of Subrogation 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: 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 “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. 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 III – 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”; C. Blanket Additional Insured D. Blanket Waiver Of Subrogation THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Countersigned by Authorized Representative (1) Printed in U.S.A.Form WC 04 03 06 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Endorsement Number:Policy Number: 57 WEG ZJ1989 Named Insured and Address:FEHR & PEERS 100 PRINGLE AVE STE 600 WALNUT CREEK CA 94596 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 19191 Vallco Parkway Final Audit Report 2021-08-13 Created:2021-08-04 By:City of Cupertino (webmaster@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAAiFoqJLps3Ve_EutJOqVHunrGvJ5yMYLQ "19191 Vallco Parkway" History Document created by City of Cupertino (webmaster@cupertino.org) 2021-08-04 - 4:29:44 PM GMT- IP address: 35.229.54.2 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2021-08-04 - 4:32:00 PM GMT Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2021-08-04 - 4:40:02 PM GMT - Time Source: server- IP address: 73.170.27.253 Document emailed to Franziska Church (f.church@fehrandpeers.com) for signature 2021-08-04 - 4:40:05 PM GMT Email viewed by Franziska Church (f.church@fehrandpeers.com) 2021-08-04 - 6:02:05 PM GMT- IP address: 104.47.59.254 Email viewed by Franziska Church (f.church@fehrandpeers.com) 2021-08-12 - 9:49:31 PM GMT- IP address: 104.47.66.126 Document e-signed by Franziska Church (f.church@fehrandpeers.com) Signature Date: 2021-08-13 - 4:45:07 PM GMT - Time Source: server- IP address: 68.65.68.25 Document emailed to Christopher D. Jensen (christopherj@cupertino.org) for signature 2021-08-13 - 4:45:09 PM GMT Email viewed by Christopher D. Jensen (christopherj@cupertino.org) 2021-08-13 - 4:51:29 PM GMT- IP address: 104.47.74.126 Document e-signed by Christopher D. Jensen (christopherj@cupertino.org) Signature Date: 2021-08-13 - 4:52:02 PM GMT - Time Source: server- IP address: 136.24.42.212 Document emailed to Benjamin Fu (benjaminf@cupertino.org) for signature 2021-08-13 - 4:52:04 PM GMT Email viewed by Benjamin Fu (benjaminf@cupertino.org) 2021-08-13 - 5:18:49 PM GMT- IP address: 104.47.73.254 Document e-signed by Benjamin Fu (benjaminf@cupertino.org) Signature Date: 2021-08-13 - 5:19:26 PM GMT - Time Source: server- IP address: 24.130.171.172 Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature 2021-08-13 - 5:19:28 PM GMT Email viewed by Kirsten Squarcia (kirstens@cupertino.org) 2021-08-13 - 5:21:46 PM GMT- IP address: 104.47.44.254 Document e-signed by Kirsten Squarcia (kirstens@cupertino.org) Signature Date: 2021-08-13 - 5:21:56 PM GMT - Time Source: server- IP address: 162.245.22.179 Agreement completed. 2021-08-13 - 5:21:56 PM GMT