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23-018 Amendment #1 dated 8-27-24 Nomad for South Bay Microtransit Expansion Project1
FIRST AMENDMENT TO AGREEMENT 681 BETWEEN THE CITY OF CUPERTINO AND
NOMAD TRANSIT, LLC FOR SOUTH BAY MICROTRANSIT EXPANSION PROJECT
This First Amendment to Agreement 681 is by and between the City of Cupertino, a
municipal corporation (hereinafter "City") and Nomad Transit, LLC, a Limited Liability Company
(“Contractor”) whose address is 114 5th Avenue, New York, NY 10011, and is made with reference
to the following:
RECITALS:
A. On June 30, 2023 Agreement 681 (“Agreement”) was entered into by and between
City and Contractor for South Bay Microtransit Expansion Project.
B. City and Contractor desire to modify the Agreement on the terms and conditions set
forth herein.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. Paragraph 4.1 of the Agreement is modified to read as follows: Maximum Compensation. A
grant in the amount of $8,465,000 from the California State Transportation Agency (CalSTA)
will cover approximately 50% of the expansion of the Via-Cupertino program, including the
conversion to a zero-emission vehicle fleet. The total Not-to-Exceed amount for the Agreement
including both local funds and grant funds is $16,450,819, to be divided into two phases
subject to the terms described in Section 3.1 and based on the scope of services in Exhibit A.
City will pay Contractor for satisfactory performance of the Services an amount that will be
based on actual costs but that will be capped so as Not to Exceed $10,641,114.00 for Services
provided in Phase 1 and $5,809,705 for Services provided in Phase 2 (collectively, “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. At the mutual agreement of the
Parties, if actual costs for Phase 1 are less than $10,641,114, such savings may be applied to
increase the $5,809,705 for Services to be provided in Phase 2. In no event will such
reallocation of the Contract Price result in an increase to the Not-to-Exceed amount of
$16,450,819. The Not-to-Exceed amount 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.
Exhibit C of the Agreement is replaced with a new Exhibit C-1 attached hereto.
2. Except as expressly modified herein, all other terms and covenants set forth in the
Agreement shall remain the same and shall be in full force and effect.
SIGNATURES CONTINUE ON THE FOLLOWING PAGE
2
IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement
to be executed.
CITY OF CUPERTINO
By
Title
Date
APPROVED AS TO FORM
City Attorney
ATTEST:
City Clerk
Date
NOMAD TRANSIT, LLC
By
Title
Date
Manager
Aug 26, 2024
Michael Woo for
Director of Public Works
Aug 27, 2024
Aug 27, 2024
Confirmation of Coverage
Dear: Laura Kalert, Bolton Insurance Services, LLC Date: Jul 02, 2024
Thank you for the bind order for the below Insured. We are pleased to present the RPS Confirmation of Coverage and
invoice along with the attached Tysers Insurance Brokers Ltd binder. Please review the attached and below carefully as
coverage described herein may be different from the original application submitted, or prior policy if applicable.
Insured: City of Cupertino DBA: Department of Recreation and Community
Services, Public Works Department
RPS Reference #: 6496584A
Mailing Address: 10300 Torre Avenue Cupertino, CA 95014
Physical Address: 10300 Torre Avenue, Cupertino, CA 95014
Carrier: Underwriters at Lloyd's, London
Carrier Status: Non-Admitted / AM Best Rating: A XV
Policy Number: MR244153 Expiring Policy Number: MR234153
Policy Period: 7/1/2024 to 7/1/2025
Coverage: Special Casualty - Sexual Misconduct
Limit of Liability:
a)USD 5,000,000 in the aggregate during the policy period for all claims brought
by or on behalf of each victim, and
b)USD 5,000,000 in the aggregate during the policy period for all claims brought by or
on behalf of all victims
and separately:
c)USD 75,000 in the aggregate during the policy period for all safeguard costs
resulting from all circumstances
Retention:
USD 35,000 each Victim
Policy Premium:$34,650.00
Fees (fully earned):
Taxes:
Surplus Lines Tax $1,039.50
Stamping Office Fee $62.37
Email:
Phone: (630) 285-4079
Risk Placement Services, Inc. - PNP
Shawn McCall
Sincerely,
If you have any questions, please feel free to call or email me. We look forward to our next opportunity to work with you.
that are overdue and are not received within this time frame are subject to cancellation.
· All premiums and any fees are due to RPS within 20 days of binding unless otherwise stipulated. Accounts with payments
· In the event of a claim please report immediately and visit the RPS Claims website: https://my.rpsins.com/claimsfnol
provided herein.
· You are responsible for the issuance and review of Certificates of Insurance (COI). COIs cannot amend or alter the terms
coverage to which the request applies.
· When requesting a policy change, addition, cancellation, endorsement, etc. you must provide every policy number/
cancellations allowed.
· By binding you commit to any provisions contained hereon, such as Minimum Earned Premiums. There are no flat
provisions and regulations of your state.
this policy is subject to the surplus lines laws in your state, you should make every effort to comply with any special
required surplus lines forms, taxes and fees from the insured. RPS will remit the applicable taxes and forms to the state. If
· If this policy is issued on a non-admitted basis, your office is responsible for completing, collecting and delivery to RPS any
terms and provisions of such policy(ies) shall prevail.
subject to all terms and conditions of policy(ies) which will be issued and that in the event of any inconsistency herewith, the
· This document is intended for use as evidence that the insurance, as described herein, has been effected and shall be
insurer, nor of us. This policy cannot be assigned to another without the written consent of the insurer or their Agent.
· You are not an Agent of the insurer, and as such, cannot bind coverage nor make any commitments on behalf of the
the risk to the client.
office. The terms hereon are not fully described and no assumption should be made as to the adequacy of the coverage of
· You are responsible for reviewing and explaining the coverage to the client, including any options, available or not from our
Please note:
Please see attched company quote for complete limits, terms, conditions, and exclusions.
Conditions/ Subjectivities: per Carrier terms attached
Information Section.
The State Surplus Lines Notice applies only if Insurance Carrier is shown as Non-Admitted in the Binder
Home State: CA
Minimum Earned Premium:
TOTAL: $35,751.87
TRIA: Status:
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Professional/Consulting Contracts – Nomad Transit, LLC
SOUTH BAY MICROTRANSIT EXPANSION AGREEMENT
1. PARTIES
This Agreement is made by and between the City of Cupertino, a municipal corporation (“City”),
and Nomad Transit, LLC (“Contractor”), a Delaware Limited Liability Company and a wholly
owned subsidiary of Via Transportation, Inc. for the South Bay Microtransit Expansion project.
This agreement becomes 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 July 17, 2027 (“Contract Time”),
unless terminated earlier as provided herein. Contractor’s Services shall begin on the Effective
Date and shall be completed by July 17, 2027. Year 4 of this Agreement will become effective
only upon the allocation by the California Transportation Commission (“CTC”) of the funding for
phase 2 of the Transportation and Intercity Rail Capital Program (“TIRCP”) grant to the City.
Upon the CTC’s allocation of phase 2 of the TIRCP grant, the parties will amend this Agreement
to memorialize that Year 4 is effective. Should the CTC not approve the funding for phase 2, this
Agreement shall expire at the end of Year 3. The City’s appropriate department head or the City
Manager may extend the Contract Time through a written amendment to this Agreement, provided
such extension does not include additional contract funds. Extensions requiring additional contract
funds are subject to the City’s purchasing policy.
3.2 Schedule of Performance. Contractor must deliver the Services in accordance with the
Schedule of Performance, attached and incorporated here Exhibit B.
3.3 Time is of the essence for the performance of all the Services. Contractor must have
sufficient time, resources, and qualified staff to deliver the Services on time.
4. COMPENSATION
4.1 Maximum Compensation. A grant in the amount of $8,465,000 from the California State
Transportation Agency (CalSTA) will cover approximately 50% of the expansion of the Via-
Cupertino program, including the conversion to a zero-emission vehicle fleet. The total Not-to-
Exceed amount for the Agreement including both local funds and grant funds is $16,450,819, to
be divided into two phases subject to the terms described in Section 3.1 and based on the scope of
services in Exhibit A. City will pay Contractor for satisfactory performance of the Services an
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Professional/Consulting Contracts – Nomad Transit, LLC
amount that will be based on actual costs but that will be capped so as Not to Exceed
$10,641,114.00 for Services provided in Phase 1 and $5,809,705 for Services provided in Phase 2
(collectively, “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. At the mutual
agreement of the Parties, if actual costs for Phase 1 are less than $10,641,114, such savings may
be applied to increase the $5,809,705 for Services to be provided in Phase 2. In no event will such
reallocation of the Contract Price result in an increase to the Not-to-Exceed amount of
$16,450,819. The Not-to-Exceed amount 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. Unless otherwise specified in the scope of services, 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. Invoices must contain all information required by Caltrans and
the California State Transportation Agency (CalSTA) for the Transit & Intercity Rail Capital
Program (TIRCP) grant, facilitating the timely preparation of reimbursement requests.
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 and Vendors. Only Contractor’s employees, and Contractor’s driver
partners, vehicle lease providers, vehicle maintenance and storage providers, and other suppliers
of goods or services to the Contractor under terms specified in an Independent Contractor
Agreement (collectively, the "Vendors”), are authorized to work under this Agreement. Prior
written approval from City is required for any other subcontractor proposed by Contractor, 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
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Professional/Consulting Contracts – Nomad Transit, LLC
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.
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
specifically for the City in connection with this Agreement will be the exclusive property of the
City if agreed in writing between the parties, and shall not be shown to any third-party without
prior written approval of City. For the avoidance of doubt, no intellectual property will be
conceived, created or furnished under this Agreement, and all rights in, to and under Contractor’s
proprietary on-demand transit solution (the “Via Solution”) shall remain the exclusive property of
the Contractor. Contractor shall grant to the City all rights necessary to receive the benefit of the
Via Solution during the term of the Agreement.
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 if agreed in writing between the parties. 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.
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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 if Contractor fail to do so pursuant to
Section 16 below;
(c) Subsequent additions to the original Services; and/or
(d) Other City projects at City’s own risk.
7.5 Deliverables and Format. Contractor must provide electronic and hard copies of the Work
Product, on recycled paper and copied on both sides, except for one single-sided original.
8. RECORDS
Contractor must maintain complete and accurate accounting records relating to its performance in
accordance with generally accepted accounting principles. The records must include detailed
information of Contractor’s performance, benchmarks and deliverables, which must be available
to City for review and audit. The records and supporting documents must be kept separate from
other records and must be maintained for four (4) years from the date of City’s final payment.
Contractor acknowledges that certain documents generated or received by Contractor in
connection with the performance of this Agreement, including but not limited to correspondence
between Contractor and any third party, are public records under the California Public Records
Act, California Government Code section 6250 et seq. (the "Public Records Act"). 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, unless such records are otherwise exempt from public disclosure
under the Public Records Act.
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. Notwithstanding the foregoing, Contractor may
assign its rights without such consent to (a) any of its subsidiaries or affiliates or (b) to an entity
that acquires all or substantially all of the business or assets of Contractor, whether by merger,
reorganization, acquisition, sale, or otherwise. Should the events in (a) or (b) occur, Contractor
shall provide notice to the City no later than thirty (30) days after the occurrence of such event.
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.
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11. INDEMNIFICATION; LIMITATION OF LIABILITY
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, of ficials, 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 entered into by Contractor
with a third-party;
(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, its subcontractors, its sub-subcontractors or Vendors;
(d) Unauthorized use or disclosure of City’s confidential and proprietary Information;
(e) Claim of infringement or violation of a U.S. patent or copyright, trade secret, trademark,
or service mark or other proprietary or intellectual property rights of any third party.
11.2 Contractor must pay the costs City incurs in enforcing this provision. Contractor must
accept a tender of defense upon receiving notice from City of a third-party claim. At City’s request,
Contractor will assist City in the defense of a claim, dispute, or lawsuit arising out of this
Agreement.
11.3 Contractor’s duties under this section are not limited to the Contract Price, workers’
compensation payments, or the insurance or bond amounts required in the Agreement. Nothing in
the Agreement shall be construed to give rise to an implied right of indemnity in favor of
Contractor against City or any Indemnitee.
11.4. Contractor’s payments may be deducted or offset to cover any money the City lost due to a
claim or counterclaim arising out of this Agreement, a purchase order, or other transaction.
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. 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. Contractor’s total liability arising out of this Agreement shall be limited to the greater of (a)
Contractor’s total applicable insurance coverage or (b) the Contract Price.
11. 7. 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
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required by City. City will not execute the Agreement until City approves receipt of satisfactory
certificates of insurance and endorsements evidencing the type, amount, class of operations
covered, and the effective and expiration dates of coverage. Failure to comply with this provision
may result in City, at its sole discretion and without notice, purchasing insurance for Contractor
and deducting the costs from Contractor’s compensation or terminating the Agreement.
13. COMPLIANCE WITH LAWS
13.1 General Laws. Contractor shall comply with all local, state, and federal laws and
regulations applicable to this Agreement. Contractor will promptly notify City of changes in the
law or other conditions that may affect the Project or Contractor’s ability to perform. Contractor
is responsible for verifying the employment authorization of employees performing the Services,
as required by the Immigration Reform and Control Act.
13.2 Labor Laws. Contractor shall comply with all labor laws applicable to this Agreement. If
the Scope of Services includes a “public works” component, Contractor is required to comply with
prevailing wage laws under Labor Code Section 1720 and other labor laws.
13.3 Discrimination Laws. Contractor shall not discriminate on the basis of race, religious
creed, color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy,
age, sex, gender, sexual orientation, gender identity, Acquired-Immune Deficiency Syndrome
(AIDS), or any other protected classification. Contractor shall comply with all anti-discrimination
laws, including Government Code Sections 12900 and 11135, and Labor Code Sections 1735,
1777, and 3077.5. Consistent with City policy prohibiting harassment and discrimination,
Contractor understands that harassment and discrimination directed toward a job applicant, an
employee, a City employee, or any other person, by Contractor or its employees or sub-contractors
will not be tolerated. Contractor agrees to provide records and documentation to the City on request
necessary to monitor compliance with this provision.
13.4 Conflicts of Interest. Contractor shall comply with all conflict of interest laws applicable
to this Agreement and must avoid any conflict of interest. Contractor warrants that no public
official, employee, or member of a City board or commission who might have been involved in
the making of this Agreement, has or will receive a direct or indirect financial interest in this
Agreement, in violation of California Government Code Section 1090 et seq. Contractor may be
required to file a conflict of interest form if Contractor makes certain governmental decisions or
serves in a staff capacity, as defined in Section 18700 of Title 2 of the California Code of
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, Transportation Manager, as the City’s
representative for all purposes under this Agreement, with authority to oversee the progress and
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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 Kelley O’Conner
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. POSTPONEMENT OF PROJECT
City may 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 without cause at any time provided City gives Contractor at
least ninety (90) days’ written notice of the termination. In the event Contractor fails or refuses to
perform any of the provisions of this Agreement, Contractor shall be deemed in default in the
performance of this Agreement. If Contractor fails to cure the default within 10 days after notice,
or, if such failure is curable but not curable within such ten (10) day period, within such period of
time as is reasonably necessary to accomplish such cure, the City may terminate the Agreement
by giving Contractor written notice thereof, which shall be effective immediately.
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 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.
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19. THIRD PARTY BENEFICIARIES
There are no intended third party beneficiaries of this Agreement.
20. WAIVER
Neither acceptance of the Services nor payment thereof shall constitute a waiver of any contract
provision. City’s waiver of a breach shall not constitute waiver of another provision or breach.
21. ENTIRE AGREEMENT
This Agreement represents the full and complete understanding of every kind or nature between
the Parties, and supersedes any other agreement(s) and understanding(s), either oral or written,
between the Parties. Any modification of this Agreement will be effective only if in writing and
signed by each Party’s authorized representative. No verbal agreement or implied covenant will
be valid to amend or abridge this Agreement. If there is any inconsistency between any term,
clause, or provision of the main Agreement and any term, clause, or provision of the attachments
or exhibits thereto, the terms of the main Agreement shall prevail and be controlling.
22. INSERTED PROVISIONS
Each provision and clause required by law for this Agreement is deemed to be included and will
be inferred herein. Either party may request an amendment to cure mistaken insertions or
omissions of required provisions. The Parties will collaborate to implement this Section, as
appropriate.
23. HEADINGS
The headings in this Agreement are for convenience only, are not a part of the Agreement and in
no way affect, limit, or amplify the terms or provisions of this Agreement.
24. SEVERABILITY/PARTIAL INVALIDITY
If any term or provision of this Agreement, or their application to a particular situation, is found
by the court to be void, invalid, illegal, or unenforceable, such term or provision shall remain in
force and effect to the extent allowed by such ruling. All other terms and provisions of this
Agreement or their application to specific situations shall remain in full force and effect. The
Parties agree to work in good faith to amend this Agreement to carry out its intent.
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.
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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 Avenue
Cupertino, CA 95014
Attention: David Stillman
Email: DavidS@cupertino.org
To Contractor:
10 Crosby Street, Floor 2
New York, NY 10013
Attention: Legal
Email: legal-nyc@ridewithvia.com
27. EXECUTION
The person executing this Agreement on behalf of Contractor represents and warrants that
Contractor has full right, power, and authority to enter into and carry out all actions contemplated
by this Agreement and that he or she is authorized to execute this Agreement, which constitutes a
legally binding obligation of Contractor. This Agreement may be executed in counterparts, each
one of which is deemed an original and all of which, taken together, constitute a single binding
instrument.
IN WITNESS WHEREOF, the parties have caused the Agreement to be executed.
CITY OF CUPERTINO CONTRACTOR
A Municipal Corporation
By By
Name Name Erin Abrams
Title Title Manager
Date Date
Jun 30, 2023
Pamela Wu
City Manager
Jun 30, 2023
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Professional/Consulting Contracts – Nomad Transit, LLC
APPROVED AS TO FORM:
CHRISTOPHER D. JENSEN
City Attorney
ATTEST:
KIRSTEN SQUARCIA
City Clerk
Christopher D. Jensen
Exhibit A
SCOPE OF WORK
City of Cupertino and City of Santa Clara On-Demand Shuttle Program
NoMad Transit LLC (“Consultant”) shall work with the City of Cupertino (“the City”) in the
implementation of this Scope of Work. The City is responsible for engaging with the City of Santa
Clara and working together with the City of Santa Clara to provide the necessary inputs and signoff
on this Scope of Work.
The Consultant will leverage proprietary technology to assist in the design, deployment, operations,
maintenance, marketing and evaluation of an on-demand transit service in Cupertino, CA and Santa
Clara, CA. The service will be flexible, dynamically adapting to and responding to demand in real-
time, using optimized routes to maximize the number of passengers per-vehicle and per-trip.
Regular performance monitoring and data reporting will be used to assess operations and allow for
mutually agreed upon adjustments to the service at any time during the Program to increase
awareness, ridership, and/or accommodate new or shifting demand.
Duration: The anticipated launch of the Program is Summer 2023, with the actual launch date
contingent upon the timing of the Cupertino City Council authorization of the agreement for
services. After a launch date has been mutually agreed upon by the Consultant and the City, dates
referenced in this scope of work, including data sharing, launch timing, etc., will be based upon the
set "Launch Date."
Geographic Coverage: The geographic area includes all areas within the City of Cupertino, parts
of Santa Clara, including areas shown in Exhibit C outside of the Cupertino boundary, including the
Sunnyvale Caltrain station, Mountain View Caltrain station, El Camino Hospital and other areas
mutually agreed upon by the Consultant and the City.
Task 1. Project Management & Administration
Task 1.1 Detailed Work Plan & Schedule
The Consultant will develop and maintain a detailed work plan and schedule for submission to the
City Project Manager no later than 15 business days after the Notice to Proceed, which will seek to
refine and keep up-to-date the following:
Key Consultant and Subcontract staff assignments, by task/subtask
Identify and maintain schedule of start and stop dates for each task/subtask Identify key milestones
and define expected deliverables/results
Deliverables
Detailed Work Plan & Schedule Documents
Updates to Documents
Task 1.2 Regular Staff Briefings
The Consultant Project Manager shall conduct and schedule regular staff briefings ("briefings"), by
phone or in person, to report on Program service performance, completed tasks, deliverables, and
significant issues encountered and resolved during the period since the previous briefing, with an
explanation and revised schedule for any unmet tasks and/or deliverables. The briefing shall also
provide an overview of activities and expected deliverables for the upcoming 1-month period.
Briefings will occur no less than weekly for the duration of the (four) weeks leading up to, and for 4
weeks following, the Launch Date, unless otherwise agreed upon by the City Project Manager. For
the remainder of the term of the Contract, Consultant shall provide bi-weekly briefings to the City
Project Manager, unless otherwise agreed upon by the City Project Manager.
Deliverables:
Weekly and Bi-Weekly meetings
Meeting agendas, notes and action items
Task 1.3 Monthly Invoicing
The Consultant shall submit to the City Project Manager invoices monthly on or around the 20th of
each month to include expenses for the preceding month, with the billing period beginning and
ending in the same calendar month.
Invoices shall have supporting documentation that includes a list of hours by day by Driver Partner
ID with the associated applicable rate as well as a schedule showing the operating hours for the
month.
Deliverables:
Monthly invoices
Supporting Billing Documentation
Task 1.4 General Project Management
Consultant will take responsibility for project management on a continuous basis during the course
of the project and will designate a Project Manager to coordinate all required deliverables and
perform all work described herein. The Consultant Project Manager will be empowered to enact
decisions related to the project on the Consultant's behalf, and will serve as primary point of contact
with the City Project Manager on an ongoing basis. The Consultant shall oversee subconsultant
activities and will ensure that any subcontracted staff performing tasks have the appropriate skill
levels and credentials. For the avoidance of doubt, independent contractor driver partners shall not
be deemed "subcontractors" for the purposes of Section 5 of the Agreement.
Consultant shall commit to attending in-person at least (3) City Council meetings or major Program
related events over the term of the Contract to provide staff support at key milestones, which may
include service Launch Events. The City will give the Consultant at least four (4) weeks advance
notice of such events.
The City will also designate a Project Manager to be the primary point of contact for the Consultant
throughout the Pilot duration. The Consultant shall keep the City Project Manager abreast of all
coordination related to the Pilot with outside agencies with a direct connection to the City regarding
project funding, including both governmental agencies and private organizations, prior to any
meeting with any such outside agency or organization.
In addition, the Consultant will ensure the project team includes personnel with expertise in service
scoping, operations, driver onboarding, fleet maintenance, marketing, and data analytics. Leading
up to the launch of, and during the course of the Program, the Consultant's project team, led by its
Project Manager, will be closely engaged with the City in order to ensure that key project
deliverables are provided in a timely manner, and that learnings from the Program are incorporated
into its optimization.
Onsite support (pre-launch): Consultant Project Manager will be onsite for at least one (1) week
prior to the Launch Date to oversee the implementation of the service.
Remote Support (post-launch): For the first month of service, the Consultant Project Manager
will lead weekly follow-up calls to review all aspects of the service with City personnel. The
Consultant Project Manager will also coordinate additional reviews of key operational topics as
mutually decided upon by the Consultant and the City.
Deliverables:
Attendance at minimum (3) Council meetings or other major Pilot-related events Onsite and remote
support including regular calls
Management and oversight for subcontracts General project management
Task 2. Preliminary Service Planning, Design & Preparation Task
2.1 Project Kick-Off Meeting
At start of pre-launch phase, Consultant shall hold a kick-off meeting with the City Project Manager
and relevant City personnel. The meeting will focus on establishing and introducing the Consultant
and City project teams, reviewing a work plan and schedule for pre- launch preparations, and
beginning detailed work on the Detailed Launch Plan & Service Parameters as defined below.
Deliverables:
Project Kick-off Meeting, including meeting agenda & notes
Task 2.2 Detailed Launch Plan & Service Parameters
Beginning with the Project Kick-off Meeting and extending throughout the pre-launch phase as
necessary, Consultant shall work closely with the City to jointly define and finalize all relevant
parameters of the service as outlined below. As part of this collaboration, quality of service
standards for the Pilot service will be mutually established in order to create a baseline for
monitoring Consultant's performance.
Over the course of the project, decisions to change key parameters will be made collaboratively,
and Consultant will work with the City to continuously adjust and optimize the system's features
and settings in order to ensure it supports growing ridership. As such, the Baseline Service
Parameters defined below may be re-defined or adjusted by mutual agreement between the
City and Consultant either in advance of or after the Launch Date based on additional data or new
information collected. Any changes to the Program Service Parameters will be subject to mutual
agreement by the City and Consultant.
Baseline Service Parameters
Coverage Area
At Full Launch, the Pilot will include the entire City of Cupertino as well as parts of Santa Clara,
including areas mutually agreed upon outside of the City limits, including Kaiser-Permanente Santa
Clara, West Valley Medical Center (PAMF), Sunnyvale Caltrain, Mountain View Caltrain and El
Camino Hospital. Areas deemed inaccessible, including gated areas, are excluded from the service
area. The launch of the system must serve the entire service area, however the Consultant may
gradually deploy vehicles to balance efficient coverage with quality of service as data is gathered in
order to fine-tune deployment elements as ridership grows.
Accessibility
Provision of Wheelchair Accessible Vehicles (WAV)
Upon receiving the Notice to Proceed, Consultant will commence development of a WAV fleet
plan that satisfies relevant Federal Transit Administration (FTA) and Americans with Disabilities
Act (ADA) requirements - including the equal provision of service to potential Pilot riders of all
physical means. To fulfill this goal, Consultant shall cause to be deployed for the Pilot
appropriately-trained drivers operating taxi or livery vehicles, or dedicated vehicles specifically
deployed for the Pilot.
To indicate their need for a WAV vehicle, a rider will select the "Wheelchair accessibility" option
within their profile in the Via app that will prompt the system to dispatch an appropriate vehicle
each time the rider makes a request (riders booking by phone would convey their need for a WAV
vehicle to the dispatcher, who would make a permanent note in the rider's account). A WAV option
will be deployed no later than the Launch Date.
Phone Booking Option
Via's technology is configured to allow a dispatcher to book rides on behalf of riders, allowing
users of all technological abilities and access levels to enjoy the same level of service as those with
a smartphone (except for the experience and convenience that is specific to in-app rider ordering
and tracking). The Consultant will provide as a feature of the service a phone number and a
dedicated dispatcher to book and coordinate rides for users without smartphones. A phone booking
option will be available as part of the service no later than the Launch Date.
Customer Service
The Consultant shall provide high-quality customer service to both customers and driver partners
during the course of the Program. If an issue arises for a customer or driver before, during, or after a
ride, parties will be able to reach Consultant staff by text message in real time, or by submitting an
email ticket, which will be replied to promptly by Consultant staff. Riders who booked using the
dedicated phone line will be able to receive phone support as required.
Hours of Operation
The Program will operate Monday through Saturday, excluding holidays, for which a mutual
decision whether to operate will be made between the City and Consultant. The Consultant
estimates the Pilot service will operate from 7am - 7pm Monday - Friday, and 9am-5pm Saturdays,
subject to change based on demand data gathered during the initial launch period and subject to
mutual decision between the Consultant and City.
The Program goal will be to provide operating hours as extensive and consistent as possible within
the reasonable cost, as mutually agreed upon between the Consultant and City. As it is the intent of
the Program to provide a reliable and predictable service, the Consultant shall seek to limit
adjustments to the Hours of Operation to those changes deemed necessary or intended to grow
ridership or enhance service.
Fare Structure
It is the intent of the Program to provide a consistent, flat-fare transportation service that enables
community members of all incomes to access a convenient, high quality mobility option. The
consumer cost to take a ride using the Program shall be as follows in the fare structure below,
unless otherwise mutually agreed upon by Consultant and the City Project Manager:
Regular Fare (per trip): $3.50, with the option to reduce post launch as low as $2, as it relates to
demand generation and rider acquisition tactics and targets.
Rider +friends (additional riders added onto a users' trip request): Half the regular per trip fare per-
person, up to a maximum of four (4) riders under one (1) reservation.
Weekly ViaPass: Set price per week, starting the first day of the first trip used. Offers up to a set
number of trips per-day, each operational day of the week.
Senior/Disabled Pass (ages 65 and over)/Low-income/De Anza College students discounted rate
passes: Riders who are eligible for and submit necessary documentation to receive this discount
shall receive 50% off all standard fares, including Weekly ViaPass.
Consultant will work with City staff to determine appropriate fares for mutually agreed-upon out of
zone destinations, listed in Cupertino Service Area Map, Exhibit C.
Consultant will work with City staff on developing additional fare packages, such as a monthly
pass, and other ways to maximize fare-box recovery and increase ridership, including analyzing the
benefit of rolling out distance and/or time based pricing as a lever to control demand.
The City will be responsible for verifying whether riders qualify for discounted fares. The City will
identify simple methods of verification, such as student ID's for the student fare, or cards
demonstrating that riders qualify for existing low-income programs to simplify the verification
process to the maximum extent feasible.
Any changes to base ride cost will be made in response to Pilot service data, and with the intention
of making the Pilot as efficient and cost-effective as possible while retaining service accessibility.
The City will retain full authority to approve any changes to the base ride cost range described
above.
Fare payment options shall include payment by credit card submitted electronically through the
Rider App or submitted through the Via system when booking is made for a rider over the phone.
Fleet/Vehicles
Dedicated vehicles will be offered by the Consultant's chosen third party vehicle provider ("Vehicle
Provider") to Driver Partners on a rental basis. The Vehicle Provider will offer a fleet of up to
thirteen (13) branded, licensed and insured vehicles ("Fleet Vehicles"), all of which can fit a
minimum of 4 passengers. Those vehicles that can physically be fit with bike racks will have bike
racks installed. The Fleet Vehicles shall include three (3) Wheelchair Accessible Vehicles (WAV)
(approximately 20% of the total Fleet Vehicles) to be made available to independent contractor
Driver Partners, who will be able to gain access to these vehicles after being registered onto the
Platform. Consultant will ensure Vehicle Provider keeps vehicles clean and maintained in a
preventive maintenance program for vehicles used in this pilot program. For the avoidance of
doubt, the Vehicle Provider shall not be deemed a "subcontractor" for the purposes of Section 5 of
the Agreement.
Fleet Electrification
Dedicated vehicles under this agreement will be electric vehicles. However, the WAVs may be gas
powered until such time as the on-order electric WAVs can be in-fleeted (targeting May 2023).
Consultant shall work with the City to align on a location and installation plan for electric vehicle
charging infrastructure, which shall be paid for by the City. The City agrees to make such
infrastructure dedicated for Consultant’s use. Consultant shall put in place standard operating
procedures for charging the electric vehicles to ensure adequate fleet availability during all service
hours.
Drivers
Qualified and accredited independent contractor drivers will be able to gain access to the Fleet
Vehicles after being registered onto the Via system, enabling these individuals to sign up for
specific daily slots or longer periods of work. Consultant shall establish driver registration and
certification protocols designed to ensure compliance with applicable laws, regulations, or terms of
project funding sources. Consultant shall ensure drivers are aware of the pilot program and can
articulate to riders pilot program basics, including how to get additional program information. For
the avoidance of doubt, independent contractor driver partners shall not be deemed "subcontractors"
for the purposes of Section 5 of the Agreement.
Smartphone App
Consultant shall work closely with the City to provide a custom branded Smartphone App. As
mutually agreed upon, the app may suggest locations to customers, or present service
announcements, promotions, or discounted pricing through in-app messages or push notifications.
Consultant shall also work closely with the City on the eventual integration of Clipper Card
payments into the Smartphone App, pending Clipper Card timelines for streamlined product rollout.
Technology Platform
Via will leverage its powerful suite of apps, real-time operations and administrative tools, and data
analysis and reporting features to power the Pilot service. This platform will be the same one used
to manage each Via service around the world. The Consultant will provide use of the Via
technology platform that in real time aggregates riders traveling from multiple origins to multiple
destinations efficiently, while optimizing the balance between vehicle utilization fleet- wide and a
high quality of service. The Via system has fully automated ride proposal, booking, and dispatch
services, and is accessible by mobile application and, as required, phone bookings. In order to serve
those users who do not have a smartphone or may require additional technology assistance, the
Consultant shall provide the option for account creation by phone during service hours.
Deliverables:
Final Launch Plan
Additional documentation of Parameters, as mutually agreed upon by Consultant and City
Task 2.3 Technology Localization & Back-end Systems Setup
Consultant shall localize all infrastructure technology, including mapping and real-time routing
systems, specifically for the Pilot, taking into account local geography and any algorithmic
adjustments required in order to achieve system and service efficiency. Back-end operational
systems, including those required for driver registration and supply monitoring, will be fully
localized and maintained over the course of the Program.
Deliverables:
Completion of Technology Localization & Back-end Systems Setup
Task 2.4 Driver Acquisition & On-Boarding
Consultant shall source independent contractor drivers from the community and surrounding areas
if possible and shall verify that drivers possess all data and documentation to satisfy Via's standards
as well as local and State requirements. Independent contractor drivers will go through registration,
which includes an introduction to Via's system, customer service expectations, and customer and
driver safety protocol and policies. Drivers will be subject to comprehensive background checks as
required by local and State law.
Deliverables: Drivers fully registered to drive on the Via platform
Task 2.5 Vehicle Delivery & Branding
Vehicle Provider shall coordinate the delivery and availability of a fleet of up to thirteen (13) Fleet
Vehicles vehicles such that these vehicles are ready to be driven by independent contractor drivers
on the Launch Date. Vehicle preparation will include successful completion of all relevant
insurance, registration, licensure, and maintenance requirements. Fleet Vehicles will have custom
co-branding in the form of vehicle decals or wrapping as to be easily recognizable to users of the
service. Vehicle branding design will be finalized in collaboration with the City.
Deliverables:
Vehicle Fleet with custom co-branding
Task 2.6 WAV Service
The Pilot Wheelchair Accessible Vehicle (WAV) service shall satisfy relevant FTA ADA
requirements, including the equal provision of service to potential Pilot riders of all physical means.
To fulfill this goal, Consultant will either (1) ensure Vehicle Provider provides dedicated WAV to
be used for the Pilot or (2) identify and subcontract with wheelchair accessible vehicle (WAV)
providers who have personnel that are trained to operate vehicles and equipment safety and to assist
and treat individuals with disabilities in a respectful and courteous way, with appropriate attention
to the difference among individuals with disabilities. Consultant will ensure that any drivers
providing WAV service as part of the Pilot will be trained to operate WAV vehicles and equipment
safely, as well as to properly assist and treat individuals with disabilities in a courteous and
respectful manner.
Deliverables:
WAV service
Task 2.7 External Stakeholder Coordination Meetings
City and Consultant will together identify key external stakeholders relevant to or interested in the
Pilot (i.e., Santa Clara Valley Transportation Authority, neighboring cities of Cupertino in the
western portion of Santa Clara County, San Jose, etc.) and setup meetings in advance of the Launch
Date in order to gather data and local information relevant to the Pilot, build community support,
and identify opportunities to support multi-modal linkages. This initiative will be spearheaded by
the City so as to best utilize local relations, with significant involvement provided by Contractor.
Deliverables:
Participation in external stakeholder meetings Meeting agendas & notes
Task 3. Pilot Deployment & Operations
The Consultant will collaborate with the City of Cupertino to design and operate a service that
meets the project's operational goals. Consultant will establish a project team in the area and will
draw on expertise in Operations, Expansion, Growth and Data Science teams in order to grow and
optimize the service across the duration of the Pilot. Consultant will proactively suggest
enhancements to the service to improve rider experience, quality of service, and cost per ride.
Consultant shall procure all required licenses, permits, and insurance to operate an on- demand
rideshare solution in the City of Cupertino.
Task 3.1 Launch Period & Launch Event
A launch event will be held on the Launch Date to raise awareness of the service locally and initiate
formal marketing and media outreach.
Deliverables
Coordination and Completion of Launch Event, including appropriate marketing and media
outreach.
Operation of Service Launch
Task 3.3 Full Service Launch, Operations & Maintenance
The Consultant shall operate the Full Service for the duration of the service, unless otherwise
mutually agreed upon by the Consultant and City. Following Launch, the Consultant shall continue
to operate, maintain, and evaluate system data and service information to optimize, iterate on, and
scale the service in collaboration with the City.
Deliverables:
Ongoing operations
Task 4. Marketing Plan & Implementation Task 4.1 Draft & Final Marketing Plan
Consultants shall work closely with the City to develop and refine a unified marketing and
promotional program that increases community awareness of the Program, and maximizes its
success for implementation by Consultant. As reasonable, the City will cooperate with Consultant
to promote the service and create local awareness and will support the Consultant's team by
providing useful local insights and leveraging existing marketing platforms, associations, and social
media presence to promote the Pilot program. Marketing and branding guidelines, including initial
marketing material templates, will be presented by the Consultant to the City for review and
approval in advance of finalization and distribution.
Consultant and City shall collaborate on the following key marketing activities during the course of
the Program:
Initial collateral and branding development
New custom app build and campaign to move existing riders from Via app to custom app
Vehicle wrapping/branding design
Launch press and media campaign
Rider acquisition campaigns
Ongoing promotional campaigns
Partnership with key City stakeholders and community organizations
Deliverables:
Final Marketing Plan, including branding guidelines
Task 4.2 Production of Marketing Collateral
Per the Marketing Plan developed in Task 4.1, marketing and branding guidelines, including initial
marketing material templates, will be presented by the Consultant to the City for review ahead of
finalization, production, and distribution.
Deliverables:
Marketing Collateral
Task 4.3 Implement Marketing Plan
Based on the agreed upon Marketing Plan developed in Task 4.1, Consultant shall work closely
with the City to implement a range of marketing and promotional subtasks, including the City
offering free or discounted rides.
Deliverables:
Implementation of Marketing Plan
Task 5. Performance Monitoring & Data Sharing
Deliverables:
Ongoing regular data sharing and reporting.
STANDARD REPORTING SET
Dashboard Data / Graphs provided
Top Level Service
Operations Metrics
Key service metrics
filterable by time period
● Total ride requests: the total number of attempts by riders
to book a ride (or delivery) from an origin to a destination.
● Requests during service hours: “Total ride requests”
made during service hours.
● Met Demand: the total number of Ride Requests that
received a ride proposal.
● Met Demand Rate: ‘Met Demand’ out of ‘Total ride
requests,’ as a percentage.
● Completed rides: the total number of riders (including
additional passengers) successfully transported.
● Completed Rides Rate: ‘Completed Rides’ out of ‘Total
ride requests,’ as a percentage.
● Utilization: the average number of passengers transported
per vehicle per hour.
Service Operations Metrics
Graphs
Graphs/visualization of key
metrics by day, week,
month, or specific days of
the week
● Met Demand: total number of Ride Requests broken out
by met demand and rides unable to fulfill.
● Detailed Ride Requests Status: A detailed breakdown of
the outcome for each Ride Request (e.g., completed,
cancelled, no show)
● Utilization: the average number of passengers transported
per hour by day
Rider Experience
Snapshot of quality of
service and rider
experience
Top Level Metrics
● Average Ride Duration: average time in minutes from
pickup to dropoff (displayed for completed rides only).
● Average Ride Rating: average ride rating provided by
riders (out of 5 stars).
● Average Pickup Walking Distance: walking distance from
the origin requested by the rider to the actual pickup
location assigned.
● Pickup Time Scheduled vs. Actual: the average
difference in minutes between the scheduled pickup time
and the actual pickup time.
Rider Experience Graphs (filterable by day, week, month)
● Average Ride Duration
● Average Ride Distance
● Average Ride Rating
● Average Pickup Walking Distance
Data Generator: Ride
Request Table
Detailed table of every ride
request made for the
service
Data Columns in Table
● Request Creation Date
● Request Creation Time
● Request ID
● Request Status
● Rider ID
● Wheelchair Accessible
● Number of Passengers
● Origin Address
● Origin Latitude
● Origin Longitude
● Destination Address
● Destination Lat
● Destination Lng
● Ride Price
● Ride Distance
● Ride Duration (min)
Via Cupertino Service Area Map
Phase I will begin in summer 2023, including the existing 11.4 square mile Cupertino zone as
well as the adjacent 9.0 square mile Santa Clara zone to the east/northeast. Phase II will be
implemented in spring/summer 2026, when the service further expands north to an additional 6.4
square miles . The two phases are shown below.
Phase I (Summer 2023 - Spring/Summer 2025) Phase II (Spring/Summer 2026)
Exhibit B
Schedule of Performance
Time Period Phase Deliverable
Spring 2023 Phase 1 Update rider app to include new Santa Clara zone
Spring 2023 Phase 1 Support Cupertino and Santa Clara in rebranding and
marketing new service
Spring 2023 Phase 1 Set up additional reporting in Via Operations Center, as
needed
Spring 2023 Phase 1 Convert vehicle fleet to fully electric vehicles
Spring 2023 Phase 1 Launch service in new Santa Clara zone (8.5 sq mile
zone)
Spring 2023 Phase 1 Launch service for Mountain View Caltrain Station and
El Camino Hospital
Spring/Summer 2024 Phase 1 Add Clipper Card integration into rider app
Spring/Summer 2024 Phase 1 Procure additional electric vehicles, as needed
Spring/Summer 2025 Phase 1 Procure additional electric vehicles, as needed
Spring/Summer 2026 Phase 2 Expand Santa Clara zone, from 8.5 sq mile to 15.4 sq
mile zone
Exhibit C
Fees
Phase I: Year 1 Phase I: Year 2 Phase I: Year 3 Phase II: Year 4
Total All 4
Years
Price
per
Driver
Hour Total Price
Price
per
Driver
Hour Total Price
Price
per
Driver
Hour Total Price
Price
per
Driver
Hour Total Price Total Price
Fixed (Upfront) Costs N/A $300,000 N/A $41,300 N/A $35,000 N/A $80,100 $456,400
Total Upfront Cost $300,000 $41,300 $35,000 $80,100 $456,400
Project Management &
Other Operations* $34.16 $998,580 $48.61 $1,829,838 $52.19 $1,964,560 $54.70 $2,745,112 $7,538,090
Driver Pay (Incl. WAV) $44.53 $1,301,612 $45.40 $1,709,004 $48.58 $1,828,671 $52.59 $2,639,222 $7,478,508
Customer Service $5.62 $164,273 $6.01 $226,236 $6.43 $242,041 $6.88 $345,272 $977,821
Total Cost per Driver
Hour $84.31 $2,464,464 $100.02 $3,765,078 $107.20 $4,035,272 $114.17 $5,729,605 $15,994,419
Total Not-to-Exceed
Cost
$2,764,464
$3,806,378
$4,070,272
$5,809,705 $16,450,819
The total Not-to-Exceed Cost in Phase I will be $10,641,114, and total Not-to Exceed Cost for Phases I and II will be
$16,450,819
Driver rates will be revised when the Contractor is able to procure electric Wheelchair Accessible Vehicles (WAVs).
Note: Pricing excludes all taxes and assumes service hours of 7am-7pm M-F and 9am-5pm Sat.
* Includes IT hosting, technology access, operations support, and other miscellaneous costs.
Driver Hours
Summary: Phase I Phase I Phase I Phase II Total
Total Implied Driver
Hours 29,230 37,643 37,642 50,185 154,701
Total Implied Driver
Hours (Weekly) 562 724 724 965 744
Service Hours
Summary: Phase I Phase I Phase I Phase II Total
Total Implied
Service Hours 3,588 3,588 3,588 3,588 14,352
Total Implied
Service Hours
(Weekly) 69 69 69 69 69
Exh. D-Insurance Requirements
1
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 $5,000,000 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 01 (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 and non-contributory 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 $5,000,000 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.
4.Sexual Abuse/Molestation: Insurance or the equivalent as required for activities/services involving
minors, (i.e., after school activities, recreational programs, athletics, study/training events and
transportation of minors). Coverage may be included under General Liability or be obtained in a
separate policy, such as Educators Legal Liability (ELL) policy, with a limit of no less than
$5,000,000 per occurrence. If a general aggregate limit applies, it must apply separately to this
contract or be twice the required occurrence limit.
5.Cyber Liability: Insurance with limits not less than $5,000,000 per occurrence / $5,000,000 aggregate.
Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by
Consultant in this agreement and shall include, but not be limited to, claims involving
infringement of intellectual property, including but not limited to infringement of copyright,
trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction
of electronic information, release of private information, alteration of electronic information,
extortion and network security. The policy shall provide coverage for breach response costs as
EXHIBIT D
Insurance Requirements
Via Transportation, Inc – On-Demand Community Shuttle
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A :
NAIC #
NAME:CONTACT
(A/C, No):FAX
E-MAILADDRESS:
PRODUCER
(A/C, No, Ext):PHONE
INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
$
$
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)
COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOSAUTOS ONLY
NON-OWNED
SCHEDULEDOWNED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
EROTH-STATUTEPER
LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR
CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE
DAMAGE TO RENTED $PREMISES (Ea occurrence)
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY PRO-JECT LOC
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
9/30/2022
Cottingham &Butler
Matt Murray
800 Main St
Dubuque IA 52001
563-587-5000 563-583-7339
Pacific Insurance Company,Limited 10046
VIATRAN-02
NoMad Transit,LLC
10 Crosby Street,Floor 2
New York NY 10013
1804580166
A X 1,000,000
X 100,000
5,000
1,000,000
10,000,000
91 YR3 OH8163 10/1/2022 10/1/2023
10,000,000
A 1,000,000
X Symbol 10 X Period 2 &3
91 YR2 OH8165 10/1/2022 10/1/2023
Period 1 Limits -Symbol 11 -Bodily injury (per person)Limit $50,000,Bodily Injury (per accident)Limit $100,000,Property Damage Limit $30,000
Abuse/Molestation/Assault and Battery/Physical Altercation on the General Liability policy =$1,000,000 Occurrence/Aggregate
The City of Cupertino,its City Council,officers,officials,employees,agents,servants and volunteers are additional insured on the General Liability policy on a
primary non-contributory basis per written contract between the named insured and the certificate holder that requires such a status subject to the terms and
conditions of the endorsement attached to the policy.
The City of Cupertino
10300 Torre Avenue
Cupertino CA 95014
POLICY NUMBER: 91 YR3 OH8163 COMMERCIAL GENERAL LIABILITY
CG 20 26 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 20 26 04 13 © Insurance Services Office, Inc.,2012 Page 1 of 1
ADDITIONAL INSURED – DESIGNATED
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):
Blanket, as required per written contract executed prior to a loss
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", "property
damage" or "personal and advertising injury"
caused, in whole or in part, by your acts or
omissions or the acts or omissions of those acting
on your behalf:
1.In the performance of your ongoing operations;
or
2.In connection with your premises owned by or
rented to you.
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 shown in the Declarations;
whichever is less.
This endorsement shall not increase the applicable
Limits of Insurance shown in the Declarations.
POLICY NUMBER: 91 YR3 OH8163
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Form YC 99 01 09 20 Page 1 of 1
© 2020, The Hartford
(Includes copyrighted material of Insurance Services Office, Inc. with its permission.)
PRIMARY AND NONCONTRIBUTORY – OTHER
INSURANCE CONDITION
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
SCHEDULE
Name Of Person Or Organization:
Blanket, as required per written contract executed prior to a loss
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 this policy that is shown in the SCHEDULE above, 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.
However, the insurance provided under this endorsement will not apply beyond the extent required by such
contract or agreement.
All other terms, conditions, and exclusions of the policy remain unchanged.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A :
NAIC #
NAME:CONTACT
(A/C, No):FAX
E-MAILADDRESS:
PRODUCER
(A/C, No, Ext):PHONE
INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
$
$
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)
COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOSAUTOS ONLY
NON-OWNED
SCHEDULEDOWNED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
EROTH-STATUTEPER
LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR
CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE
DAMAGE TO RENTED $PREMISES (Ea occurrence)
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY PRO-JECT LOC
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
9/30/2022
Cottingham &Butler
Matt Murray
800 Main St
Dubuque IA 52001
563-587-5000 563-583-7339
Pacific Insurance Company,Limited 10046
VIATRAN-02
Via Transportation Inc
10 Crosby St.2nd Fl
New York NY 10013
1125705073
A X 1,000,000
X 100,000
5,000
1,000,000
10,000,000
91 YR3 OH8163 10/1/2022 10/1/2023
10,000,000
A 1,000,000
X Symbol 10 X Period 2 &3
91 YR2 OH8165 10/1/2022 10/1/2023
Period 1 -Symbol 11 -Limits -Bodily injury (per person)Limit $50,000,Bodily Injury (per accident)Limit $100,000,Property Damage Limit $30,000
The certificate holder is additional insured on the General Liability policy per written contract between the named insured and the certificate holder that requires
such a status subject to the terms and conditions of the endorsement attached to the policy.
The City of Cupertino
10300 Torre Avenue
Cupertino AZ 95014
POLICY NUMBER: 4087439424POLICY PERIOD: 10/01/2022 - 10/01/2023
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)
© 1988-2016 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
C
A
NYC-011367838-13
1,000,000
6,000,000
MA,MI,NJ,NY,NC,PA,SC,TX,UT,VT,VA,
35289
6,000,000
SIR
N
X10/01/2022
6
03/07/2023
26883
10/01/2023
10/01/2023
Cyber/E&O Liability
B
408-743942-4 (CA)
21113
The Continental Insurance Company
1,000,000
D
X
03/07/2023
100,000
6,000,000
Waiver of subrogation is applicable where required by written contract and subject to policy terms and conditions in favor of The City of Cupertino, its City Council, officers, officials, employees, agents, servants and
volunteers.
Cupertino, CA 95014
The City of Cupertino
AIG Specialty Insurance Company
United States Fire Insurance Company
CN115319700--WCXSC-22-23
Limit
10/01/2023
BOWCN2251400
AA112010
1,000,000
03/07/2024
7034521992(CO,CT,DC,FL,GA,IL,KY,MD
1166 Avenue of the Americas
Marsh USA, Inc.
X
New York, NY 10036
10 Crosby St Floor 2
Nomad Transit LLC
New York, NY 10013
X
02-825-58-24
10300 Torre Avenue
10/01/2022
10/01/2022
Lloyd's Syndicate No. 1969
ACORD 101 (2008/01)
The ACORD name and logo are registered marks of ACORD
© 2008 ACORD CORPORATION. All rights reserved.
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
FORM NUMBER:FORM TITLE:
ADDITIONAL REMARKS
ADDITIONAL REMARKS SCHEDULE Page of
AGENCY CUSTOMER ID:
LOC #:
AGENCY
CARRIER NAIC CODE
POLICY NUMBER
NAMED INSURED
EFFECTIVE DATE:
22
Employers Liability Disease-Each Employee: $1,000,000 ��
New York
Effective Dates: 10/01/2022-10/01/2023�
Policy: US1846779/US08499�
Employers Liability Disease-Policy Limit: $1,000,000 �
Limit: Employers Liability Each Accident: $1,000,000 �
��
��
Carrier: Crum & Forster Specialty Insurance Company �
Workers Compensation - Independent Contractors�
Certificate of Liability Insurance
CN115319700
Marsh USA, Inc.� 10 Crosby St Floor 2� Nomad Transit LLC�
New York, NY 10013
25
POLICY NUMBER: 4087439424POLICY PERIOD: 10/01/2022 - 10/01/2023
First Amendment with Nomad for South Bay
Microtransit Expansion Project
Final Audit Report 2024-08-27
Created:2024-08-23
By:Webmaster Admin (webmaster@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAActq78rwC0IrLpl23DWnMhYkjYj6mKkAJ
"First Amendment with Nomad for South Bay Microtransit Expan
sion Project" History
Document created by Webmaster Admin (webmaster@cupertino.org)
2024-08-23 - 10:42:08 PM GMT- IP address: 35.229.54.2
Document emailed to Jindy Gonzalez (jindyg@cupertino.org) for approval
2024-08-23 - 10:43:51 PM GMT
Email viewed by Jindy Gonzalez (jindyg@cupertino.org)
2024-08-23 - 10:44:04 PM GMT- IP address: 52.202.236.132
Document approved by Jindy Gonzalez (jindyg@cupertino.org)
Approval Date: 2024-08-26 - 5:50:14 PM GMT - Time Source: server- IP address: 174.85.102.16
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Webmaster Admin (webmaster@cupertino.org) added alternate signer michaelw@cupertino.gov. The original
signer Christopher Jensen (christopherj@cupertino.org) can still sign.
2024-08-26 - 8:17:51 PM GMT- IP address: 174.85.102.16
Document approved by Araceli Alejandre (aracelia@cupertino.org)
Approval Date: 2024-08-26 - 11:36:20 PM GMT - Time Source: server- IP address: 71.204.144.228
Document emailed to Erin Abrams (erin@ridewithvia.com) for signature
2024-08-26 - 11:36:25 PM GMT
Email viewed by Erin Abrams (erin@ridewithvia.com)
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Document e-signed by Erin Abrams (erin@ridewithvia.com)
Signature Date: 2024-08-27 - 0:37:21 AM GMT - Time Source: server- IP address: 71.190.109.143
Document emailed to michaelw@cupertino.gov for signature
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Document emailed to Christopher Jensen (christopherj@cupertino.org) for signature
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Email viewed by michaelw@cupertino.gov
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Signer michaelw@cupertino.gov entered name at signing as Michael Woo for
2024-08-27 - 1:00:29 AM GMT- IP address: 174.160.227.130
Document e-signed by Michael Woo for (michaelw@cupertino.gov)
Signature Date: 2024-08-27 - 1:00:33 AM GMT - Time Source: server- IP address: 174.160.227.130
Document emailed to Chad Mosley (chadm@cupertino.org) for signature
2024-08-27 - 1:00:36 AM GMT
Email viewed by Chad Mosley (chadm@cupertino.org)
2024-08-27 - 1:00:57 AM GMT- IP address: 3.232.50.116
Document e-signed by Chad Mosley (chadm@cupertino.org)
Signature Date: 2024-08-27 - 5:48:28 PM GMT - Time Source: server- IP address: 64.165.34.3
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Document e-signed by Kirsten Squarcia (kirstens@cupertino.org)
Signature Date: 2024-08-27 - 5:56:59 PM GMT - Time Source: server- IP address: 64.165.34.3
Agreement completed.
2024-08-27 - 5:56:59 PM GMT
