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23-099 TJKM Transportation Consultants for Engineering and Traffic Surveys to Establish Speed Limits
TJKM Transportation Consultants for Engineering and Traffic Surveys to Establish Speed Limits Page 1 of 9 Professional/Consulting Contracts /Version: October 2021 PROFESSIONAL/CONSULTING SERVICES AGREEMENT 1. PARTIES This Agreement is made by and between the City of Cupertino, a municipal corporation (“City”), and TJKM Transportation Consultants (“Contractor”), a Corporation for TJKM Transportation Consultants for Engineering and Traffic Surveys to Establish Speed Limits, 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 January 31, 2024 (“Contract Time”), unless terminated earlier as provided herein. Contractor’s Services shall begin on the effective date and shall be completed by January 31, 2024. The City’s appropriate department head or the City Manager may extend the Contract Time through a written amendment to this Agreement, provided such extension does not include additional contract funds. Extensions requiring additional contract funds are subject to the City’s purchasing policy. 3.2 Schedule of Performance. Contractor must deliver the Services in accordance with the Schedule of Performance, attached and incorporated here Exhibit B. 3.3 Time is of the essence for the performance of all the Services. Contractor must have sufficient time, resources, and qualified staff to deliver the Services on time. 4. COMPENSATION 4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Services an amount that will based on actual costs but that will be capped so as not to exceed $4,900.00 (“Contract Price”), based upon the scope of services in Exhibit A and the budget and rates included in Exhibit C, Compensation attached and incorporated here. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor’s actual costs exceed the capped amount. No extra work or payment is permitted without prior written approval of City. 4.2 Invoices and Payments. Monthly invoices must state a description of the deliverable completed and the amount due for the preceding month. Within thirty (30) days of completion of Services, Contractor must submit a requisition for final and complete payment of costs and pending TJKM Transportation Consultants for Engineering and Traffic Surveys to Establish Speed Limits Page 2 of 9 Professional/Consulting Contracts /Version: October 2021 claims for City approval. Failure to timely submit a complete and accurate payment requisition relieves City of any further payment or other obligations under the Agreement. 5. INDEPENDENT CONTRACTOR 5.1 Status. Contractor is an independent contractor and not an employee, partner, or joint venture of City. Contractor is solely responsible for the means and methods of performing the Services and for the persons hired to work under this Agreement. Contractor is not entitled to health benefits, worker’s compensation, or other benefits from the City. 5.2 Contractor’s Qualifications. Contractor warrants on behalf of itself and its subcontractors that they have the qualifications and skills to perform the Services in a competent and professional manner and according to the highest standards and best practices in the industry. 5.3 Permits and Licenses. Contractor warrants on behalf of itself and its subcontractors that they are properly licensed, registered, and/or certified to perform the Services as required by law and have procured a City Business License, if required by the Cupertino Municipal Code. 5.4 Subcontractors. Only Contractor’s employees are authorized to work under this Agreement. Prior written approval from City is required for any subcontractor, and the terms and conditions of this Agreement will apply to any approved subcontractor. 5.5 Tools, Materials, and Equipment. Contractor will supply all tools, materials and equipment required to perform the Services under this Agreement. 5.6 Payment of Benefits and Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor and any of its employees, agents, and subcontractors shall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, p ersonal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, fees, contributions, or charges applicable to Contractor’s business including, but not limited to, federal and state income taxes. City shall have no obligation whatsoever to pay or withhold any taxes or benefits on behalf of Contractor. Should any court, arbitrator, or administrative authority, including but not limited to the California Public Employees Retirement System (PERS), the Internal Revenue Service or the State Employment Development Division, determine that Contractor, or any of its employees, agents, or subcontractors, is an employee for any purpose, then Contractor agrees to a reduction in amounts payable under this Agreement, or to promptly remit 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. TJKM Transportation Consultants for Engineering and Traffic Surveys to Establish Speed Limits Page 3 of 9 Professional/Consulting Contracts /Version: October 2021 Contractor shall exercise the same standard of care to protect City information as a reasonably prudent contractor would use to protect its own proprietary data. 7. OWNERSHIP OF MATERIALS 7.1 Property Rights. Any interest (including copyright interests) of Contractor in any product, memoranda, study, report, map, plan, drawing, specification, data, record, document, or other information or work, in any medium (collectively, “Work Product”), prepared by Contractor in connection with this Agreement will be the exclusive property of the City upon completion of the work to be performed hereunder or upon termination of this Agreement, to the extent requested by City. In any case, no Work Product shall be shown to any third-party without prior written approval of City. 7.2 Copyright. To the extent permitted by Title 17 of the U.S. Code, all Work Product arising out of this Agreement is considered “works for hire” and all copyrights to the Work Product will be the property of City. Alternatively, Contractor assigns to City all Work Product copyrights. Contractor may use copies of the Work Product for promotion only with City’s written approval. 7.3 Patents and Licenses. Contractor must pay royalties or license fees required for authorized use of any third party intellectual property, including but not limited to patented, trademarked, or copyrighted intellectual property if incorporated into the Services or Work Product of this Agreement. 7.4 Re-Use of Work Product. Unless prohibited by law and without waiving any rights, City may use or modify the Work Product of Contractor or its sub-contractors prepared or created under this Agreement, to execute or implement any of the following: (a) The original Services for which Contractor was hired; (b) Completion of the original Services by others; (c) Subsequent additions to the original Services; and/or (d) Other City projects. 7.5 Deliverables and Format. Contractor must provide electronic and hard copies of the Work Product, on recycled paper and copied on both sides, except for one single-sided original. 8. RECORDS Contractor must maintain complete and accurate accounting records relating to its performance in accordance with generally accepted accounting principles. The records must include detailed information of Contractor’s performance, benchmarks and deliverables, which must be available to City for review and audit. The records and supporting documents must be kept 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 TJKM Transportation Consultants for Engineering and Traffic Surveys to Establish Speed Limits Page 4 of 9 Professional/Consulting Contracts /Version: October 2021 Act, California Government Code section 6250 et seq. Contractor shall comply with all laws regarding the retention of public records and shall make such records available to the City upon request by the City, or in such manner as the City reasonably directs that such records be provided. 9. ASSIGNMENT Contractor shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so will be null and void. Any changes related to the financial control or business nature of Contractor as a legal entity is considered an assignment of the Agreement and subject to City approval, which shall not be unreasonably withheld. Control means fifty percent (50%) or more of the voting power of the business entity. 10. PUBLICITY / SIGNS Any publicity generated by Contractor for the project under this Agreement, during the term of this Agreement and for one year thereafter, will reference the City’s contributions in making the project possible. The words “City of Cupertino” will be displayed in all pieces of publicity, including flyers, press releases, posters, brochures, public service announcements, interviews and newspaper articles. No signs may be posted, exhibited or displayed on or about City property, except signage required by law or this Contract, without prior written approval from the City. 11. INDEMNIFICATION 11.1 To the fullest extent allowed by law, and except for losses caused by the sole and active negligence or willful misconduct of City personnel, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, officials, employees, agents, servants, volunteers, and consultants (“Indemnitees”), through legal counsel acceptable to City, from and against any and all liability, damages, claims, actions, causes of action, demands, charges, losses, costs, and expenses (including attorney fees, legal costs, and expenses related to litigation and dispute resolution proceedings) of every nature, arising directly or indirectly from this Agreement or in any manner relating to any of the following: (a) Breach of contract, obligations, representations, or warranties; (b) Negligent or willful acts or omissions committed during performance of the Services; (c) Personal injury, property damage, or economic loss resulting from the work or performance of Contractor or its subcontractors or sub-subcontractors; (d) Unauthorized use or disclosure of City’s confidential and proprietary Information; (e) Claim of infringement or violation of a U.S. patent or copyright, trade secret, trademark, or service mark or other proprietary or intellectual property rights of any third party. 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 TJKM Transportation Consultants for Engineering and Traffic Surveys to Establish Speed Limits Page 5 of 9 Professional/Consulting Contracts /Version: October 2021 the Agreement shall be construed to give rise to an implied right of indemnity in favor of Contractor against City or any Indemnitee. 11.4. Contractor’s payments may be deducted or offset to cover any money the City lost due to a claim or counterclaim arising out of this Agreement, a purchase order, or other transaction. 11.5. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 11 from each and every subcontractor, or any other person or entity involved by, for, with, or on behalf of Contractor in the performance of this Agreement. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. 11.6. This Section 11 shall survive termination of the Agreement. 12. INSURANCE Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit D, and must maintain the insurance for the duration of the Agreement, or longer as required by City. City will not execute the Agreement until City approves receipt of satisfactory certificates of insurance and endorsements evidencing the type, amount, class of operations covered, and the effective and expiration dates of coverage. Failure to comply with this provision may result in City, at its sole discretion and without notice, purchasing insurance for Contractor and deducting the costs from Contractor’s compensation or terminating the Agreement. 13. COMPLIANCE WITH LAWS 13.1 General Laws. Contractor shall comply with all local, state, and federal laws and regulations applicable to this Agreement. Contractor will promptly notify City of changes in the law or other conditions that may affect the Project or Contractor’s ability to perform. Contractor is responsible for verifying the employment authorization of employees performing the Services, 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. TJKM Transportation Consultants for Engineering and Traffic Surveys to Establish Speed Limits Page 6 of 9 Professional/Consulting Contracts /Version: October 2021 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 Marlon Aumentado 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 Nayan Amin as its single Representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Scope of Services. Contractor’s Project manager is responsible for coordinating and scheduling the Services in accordance with the Scope of Services and the Schedule of Performance. Contractor must regularly update the City’s Project Manager about the progress with the work or any delays, as required under the Scope of Services. City written approval is required prior to substituting a new Representative. 15. ABANDONMENT OF PROJECT City may abandon or postpone the Project or parts therefor at any time. Contractor will be compensated for satisfactory Services performed through the date of abandonment, and will be given reasonable time to assemble the work and close out the Services. With City’s pre-approval in writing, the time spent in closing out the Services will be compensated up to a maximum of ten percent (10%) of the total time expended to date in the performance of the Services. 16. TERMINATION City may terminate this Agreement for cause or without cause at any time. Contractor will be paid for satisfactory Services rendered through the date of termination, but final payment will not be made until Contractor closes out the Services and delivers the Work Product. 17. GOVERNING LAW, VENUE, AND DISPUTE RESOLUTION This Agreement is governed by the laws of the State of California. Any lawsuits filed related to this Agreement must be filed with the Superior Court for the County of Santa Clara, State of TJKM Transportation Consultants for Engineering and Traffic Surveys to Establish Speed Limits Page 7 of 9 Professional/Consulting Contracts /Version: October 2021 California. Contractor must comply with the claims filing requirements under the Government Code prior to filing a civil action in court. If a dispute arises, Contractor must continue to provide the Services pending resolution of the dispute. If the Parties elect arbitration, the arbitrator’s award must be supported by law and substantial evidence and include detailed written findings of law and fact. 18. ATTORNEY FEES If City initiates legal action, files a complaint or cross-complaint, or pursues arbitration, appeal, or other proceedings to enforce its rights or a judgment in connection with this Agreement, the prevailing party will be entitled to reasonable attorney fees and costs. 19. THIRD PARTY BENEFICIARIES There are no intended third party beneficiaries of this Agreement. 20. WAIVER Neither acceptance of the Services nor payment thereof shall constitute a waiver of any contract provision. City’s waiver of a breach shall not constitute waiver of another provision or breach. 21. ENTIRE AGREEMENT This Agreement represents the full and complete understanding of every kind or nature between the Parties, and supersedes any other agreement(s) and understanding(s), either oral or written, between the Parties. Any modification of this Agreement will be effective only if in writing and signed by each Party’s authorized representative. No verbal agreement or implied covenant will be valid to amend or abridge this Agreement. If there is any inconsistency between any term, clause, or provision of the main Agreement and any term, clause, or provision of the attachments or exhibits thereto, the terms of the main Agreement shall prevail and be controlling. 22. INSERTED PROVISIONS Each provision and clause required by law for this Agreement is deemed to be included and will be inferred herein. Either party may request an amendment to cure mistaken insertions or omissions of required provisions. The Parties will collaborate to implement this Section, as appropriate. 23. HEADINGS The headings in this Agreement are for convenience only, are not a part of the Agreement and in 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 TJKM Transportation Consultants for Engineering and Traffic Surveys to Establish Speed Limits Page 8 of 9 Professional/Consulting Contracts /Version: October 2021 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: Marlon Aumentado Email: MarlonA@cupertino.org To Contractor: TJKM Transportation Consultants 4305 Hacienda Dr., Suite 550 Pleasanton, CA 94588 Attention: Nayan Amin Email: namin@tjkm.com 27. EXECUTION The person executing this Agreement on behalf of Contractor represents and warrants that Contractor has full right, power, and authority to enter into and carry out all actions contemplated by this Agreement and that he or she is authorized to execute this Agreement, which constitutes a legally binding obligation of Contractor. This Agreement may be executed in counterparts, each one of which is deemed an original and all of which, taken together, constitute a single binding instrument. IN WITNESS WHEREOF, the parties have caused the Agreement to be executed. CITY OF CUPERTINO CONTRACTOR A Municipal Corporation By By Name Name Title Title Date Date nayan amin nayan amin President Aug 28, 2023 Jimmy Tan Assistant Director of Public Works Aug 29, 2023 TJKM Transportation Consultants for Engineering and Traffic Surveys to Establish Speed Limits Page 9 of 9 Professional/Consulting Contracts /Version: October 2021 APPROVED AS TO FORM: CHRISTOPHER D. JENSEN Cupertino City Attorney ATTEST: KIRSTEN SQUARCIA City Clerk Date Christopher D. Jensen Aug 29, 2023 Engineering and Traffic Surveys | 1 TJKM Transportation Consultants (TJKM) is pleased to submit our Proposal for the Professional/Consulting Services for conducting Engineering and Traffic Surveys (E&TS) for City of Cupertino. CHAPTER 1 - PROFILE ON THE PROPOSING FIRM TJKM is a transportation planning, traffic engineering, and traffic operations firm founded in 1974 that provides professional services throughout California, Texas, and Florida with a current has a staff of 40 employees. For over 49 years, more than 3,500 satisfied clients have entrusted TJKM with their critical work. We serve a full-range of clients, including municipalities, congestion management agencies, metropolitan planning organizations, transportation agencies, private developers, other consulting firms, and attorneys. TJKM has been involved in more than 8,000 transportation projects throughout California, and averages about 240 new projects each year. TJKM’s primary service categories include transportation planning, traffic safety, traffic engineering design (including PS&E), traffic operations, corridor studies, Intelligent Transportation Systems, and multimodal studies. Our motivation comes from satisfying clients’ objectives and improving communities. TJKM has a strong roster of both public and private sector clients and continually builds upon this base. We have included National Data and Surveying Services (NDS) as a vendor for Data Collection services. TJKM is a Disadvantaged Business Enterprise (DBE) #40772 and Small Business Enterprise (SBE) #38780. CHAPTER 2 - QUALIFICATIONS OF THE FIRM We encourage the City of Cupertino to contact our references to learn about our performance. Below is our previous experience on projects where we adherence to the schedule and budget for each project. We are confident that you will be pleased with what our clients have to say about us. Engineering & Traffic Surveys for Speed Zones, Palm Desert Reference: Randy Bowman | City of Palm Desert | (760) 776- 6493 | rbowman@cityofpalmdesert.org TJKM conducted an E&TS for the City of Palm Desert for recommending speed limit updates on City streets in accordance with the State of California regulations and guidelines. The project included 79 roadway segments for a speed limit update evaluation. The project included collecting prevailing speeds and average daily traffic. Mr. Kinzel attended the Council meeting at which the recommendations were adopted. The project demonstrated TJKM’s ability to work successfully with clients in all parts of California. Engineering & Traffic Survey, San Bruno Reference: Harry Yip | City of San Bruno | (650) 616-7052 | hyip@sanbruno.ca.gov The City San Bruno selected TJKM to conduct its E&TS to update speed limits on 22 street segments. TJKM professionally managed the project and answered the City’s inquiries each step of the way. Engineering & Traffic Survey, Martinez Reference: Lynne Filson | Haley & Aldrich | (925) 433-5001 | lfilson@haleyaldrich.com TJKM conducted an E&TS for 49 street segments in the City of Martinez. The purpose of the E&TS was to update the City’s speed limits on each of the segments so that they remain enforceable. The E&TS involved collecting and analyzing collision data, existing traffic conditions including average daily traffic and speed distributions, and geometrics for each of the 49 street segments. Engineering & Traffic Survey, Union City Reference: Trieu Tran | City of Union City | (510) 675-5301 | trieut@unioncity.org TJKM worked with the City of Union City to update speed limits on 94 street segments through an E&TS. TJKM maintained great communication and dialog with City personnel to coordinate the project. Engineering & Traffic Surveys, Folsom Reference: Zach Bosch | City of Folsom | (916) 461-6710 | zbosch@folsom.ca.us TJKM conducted an E&TS for the City of Folsom and recommended speed limit updates on City streets in accordance with the State of California regulations and guidelines. The project included 87 roadway segments. The project recommendations were adopted by the City Council. Engineering & Traffic Survey, Hollister Reference: Bryan Swanson | City of Hollister (currently with the City of Soledad) | (831) 223-5179 | bswanson@cityofsoledad.com TJKM worked closely with the City of Hollister to successfully execute an E&TS. The survey updated speed limits on 50 street segments. Citywide Traffic Speed Survey Update, Pleasant Hill Reference: Eric Hu | City of Pleasant Hill (currently with the City of Fremont) | (510) 284-4000 | ehu@fremont.gov TJKM conducted E&TS for 39 street segments in Pleasant Hill. TJKM complied with the California Manual on Uniform Traffic Control Devices guidelines and recommended an increase in speed limit for three locations. TJKM attended the Transportation Commission meeting and responded to questions raised by the Commissioner. The Commission accepted TJKM’s recommendations and they were adopted by the City Council. Citywide Traffic Speed Survey Update, Gilroy Reference: Nirorn Than | City of Gilroy (currently with the City of Los Banos) | (209) 827-7056 | nirorn.than@losbanos.org TJKM conducted a comprehensive update of the speed limits in the City of Gilroy. TJKM conducted radar speed surveys, 24-hour counts, collision analysis, and extensive field reviews at 120 locations. The final recommended speed limits were approved by the City Council. EXHIBIT A Engineering and Traffic Surveys | 2 CHAPTER 3 - PRODUCT DESCRIPTION, WORK PLAN OR PROPOSAL Project Understanding/Detailed Project Approach The main objective for this project is to analyze approximately four existing roadway segments within the City of Cupertino, and recommend appropriate speed limits consistent with the laws and practices of the State of California. For the City of Cupertino, TJKM would: Conduct an E&TS in each speed zone that conforms to Section 627 of the California Vehicle Code and meets the intent of Section 2B.13 of the California Manual on Uniform Traffic Control Devices (MUTCD); Compile collision data relevant to speed zoning; Identify roadway and traffic conditions that may affect speed zones; Prepare a speed survey map; and Recommend the speed limits for adoption by the City Council. Speed limits are established primarily for protecting the public from the behavior of reckless, unreliable, or dangerous drivers. Speed limits are generally established at or near the 85th percentile speed. The 85th percentile speed, also referred to as the critical speed, is defined as the speed at or below which 85 percent of traffic is moving in free flow conditions. Speed limits established on this basis conform to what speed is considered reasonable and safe under normal driving conditions by the majority of drivers. Many factors influence drivers and their perception of the safe speed at which to operate a vehicle. These factors should be considered together because it is not practical to consider each individually. The design and physical characteristics of the roadway place limitations on the safe operating speed of vehicles. These characteristics include: Roadway geometrics, shoulder condition, grade, alignment, and sight distance Roadside development, zoning, and environment Parking practices, bicycle and pedestrian activity Driveway density Signalized or stop-controlled intersections Rural, residential or developed areas ASSEMBLY BILL 43 An overriding issue on this project is the impact that Assembly Bill 43 (AB 43) will have on the conduct of E&TS’s in California including the City of Cupertino. AB 43 introduced significant changes to the speed zoning process in California that, because it was just enacted into law in late 2021, were recently translated into standardized practices. AB 43 makes changes to the California Vehicle Code that requires modifications to the CA MUTCD, which are developed by the California Traffic Control Devices Committee and Caltrans. AB 1938, which is intended to clarify the provisions of AB 43. AB 1938 was signed into law in September 18, 2022. Prior to AB 43, field-measured 85th percentile speeds were rounded to the nearest five miles per hour (mph) increment; as a result of the new law, they may be rounded to the next lower five mph increment if roadway conditions satisfy certain requirements. This seems like a minor change, but TJKM’s experience is that this is a major change. Other changes allow continuation of previous speed limits under certain circumstances, and the potential for speed limits to able to be extended to 14 years instead of seven. It appears the net effect of AB 43 could be to allow for lower speed limits and/or to have a longer life before additional engineering studies are required. TJKM is prepared to work with the City of Cupertino in implementing the local procedures. We are confident that with these changes, we have more flexibility in maintaining existing speed limits, where desired. Most cities will appreciate the ability to select more appropriate speed limits. Methodology TASK 1: PROJECT MANAGEMENT & COORDINATION TJKM will schedule and attend a kick-off meeting with City staff to allow for a complete understanding of the project goals and the City’s expectations. We will prepare and circulate an agenda in advance of the meeting as well as prepare a list of data needs to be discussed at the meeting. At the meeting, we will discuss contact arrangements, scheduling details, along with communicating and invoicing protocols. TJKM will promptly prepare and circulate the minutes of the meeting. In addition, we have budgeted two additional meetings with City staff. We can attend additional meetings to present findings, justifications, and recommendations presented in the final report, if requested. Also, if needed TJKM can attend a City Council meeting to present our findings and recommendations. Task 1 Deliverables: Kick-off agenda, meeting, and minutes; telephone check in with City Project Manager at two week intervals. Attendance at two additional meetings with staff TASK 2: DATA COLLECTION Selecting Locations A crucial component of a speed zone survey is the selection of locations for data collection. The prevailing speed at the data collection point should be representative of the entire speed zone segment and not too close to any traffic control device. Our experience in other jurisdictions suggests the following: Locations should be situated beyond the influence of stops, dips, curves, parked vehicles, and any other condition that may affect the normal rate of travel The site should allow for the collection of data to occur without drawing the attention of drivers Short speed zone sections and locations near curves should be avoided TJKM will present a map of all proposed survey locations to the City staff for review. Speed surveys will be performed with a calibrated handheld radar gun. Data will be collected from an unmarked vehicle parked in an inconspicuous location on the roadside. The calibrated radar gun will be checked periodically with a tuning fork. Only free-flowing vehicles in the traffic stream will be included in the survey to establish normal speed conditions. Radar data collected in the field will be used to calculate the 50th (the median speed) and 85th (Critical speed) percentile speeds, the Engineering and Traffic Surveys | 3 10 mph pace speed (10 mph increment range), the 15th percentile speed (at or below 15 percent vehicle travel), and the percent of vehicles observed within the 10 mph pace speed, and the range of speeds observed. Speed Data Analysis The TJKM Team proposes to use the following measures to collect reliable data: A representative number of speeds will be obtained by radar and recorded at each of the four locations. Speed for a minimum of 100 vehicles per direction at each location will be recorded for up to two hours during non-peak hours. In no case will the data samples be less than 50 vehicles per approach. Free-flowing vehicle speeds will be recorded. If several vehicles are in a platoon, only the speed of the first vehicle will be recorded. TJKM will coordinate with City staff regarding location and prevailing conditions prior to the beginning of data collection activities. The speed survey will not be conducted in a construction area, with or without traffic control devices, or in an area with abnormal topography, visibility concerns, or hazards and inclement weather. Other field data will include reference of cross streets, weather conditions, survey time periods, etc. Special events, or conditions that could influence speeds, will be noted. Collision History Review and Accident Rate Calculations Collision history is very important in speed limit establishment, and it is vital to become fully aware of collision details, problems, and distributions. TJKM will review collision history for each roadway segments for the last three years. The required collision information can be obtained from the collision logs of the California Statewide Integrated Traffic Records System (SWITRS) or directly from the City. TJKM has access to the SWITRS data for the past 10 years and will be able to use data for this study efficiently. This will ensure that the collision analysis is comprehensive, effective, and cost effective. This accident data will be used to prepare a collision rate per million vehicle miles travelled based on Average Daily Traffic (ADT). Task 2 Deliverables: Results of speed surveys and 24 hour volumes at all locations and collision history and calculated collision rates for all survey locations TASK 3: DEVELOP SPEED LIMIT RECOMMENDATIONS Detailed Field Audit A field check will involve a professional traffic engineer driving each street while "floating" with prevailing traffic to determine the speed of traffic from the driver's viewpoint. The engineer will evaluate the appropriateness of the 85th percentile and will add the perspective of human judgment to set the appropriate speed limit. The final recommended limit will be determined by such factors as prevailing speeds and volumes, roadside development, the number and location of driveways, parked vehicles, emergency shoulder areas, schools and playgrounds, areas frequented by pedestrians, horizontal and vertical alignment of the roadway, super elevation, intersection spacing, visibility and control, landscaping, and collision history. Preliminary Findings Memorandum TJKM will compile all data including speed and volume information, collision information and the results of the field observations into a Draft Technical Memorandum and submit to City staff for review. The technical memorandum will include 85th percentile speeds, pace speed, mean speed, ADT, speed related collisions, and non-apparent conditions, etc. and will also provide recommendations, justifications, regulations, and requirements that will form the basis of the revised ordinance for speed limits within the City of Cupertino. Recommendations on posted speed limits for each roadway segment will be based on the statistical results of the speed surveys, accident analysis, and the field review of roadside conditions and characteristics. Upon receipt of comments from City staff, a Final Technical Memorandum will be developed incorporating the comments received. The Final Technical Memorandum will be submitted to the City for review and approval. Task 3 Deliverables: Data collection results for speeds and volumes, summary of collision data analysis results; City-wide 24- hour volume along the four roadway segments; map showing all locations of radar observations; and preliminary and final technical memorandum on speed recommendations TASK 4: DRAFT & FINAL REPORT The TJKM Team will create a report presenting the complete results of the speed zone survey, including: A description of current law as it relates to speed zone establishment and enforcement; A discussion of the procedures used in the study, including data collection methodology, definitions of key terminology, and general philosophy in establishing speed limit recommendations; A written statement for each roadway segment explaining the reasons to establish a speed limit; Speed data and subsequent analysis of the 85th percentile speeds will be included in a report appendix; and All other material discussed in this proposal, including all requirements specified in the Request for Proposal. TJKM will submit a Draft Report to the City, including all of our findings and recommendations. We will obtain comments from the City and will incorporate them into our final document. TJKM will provide a reproducible version of the final report, one bound copy, an editable Word version, as well as a PDF copy. The reports will be signed and certified by our Project Manager Mr. Chris Kinzel, P.E., T.E. If requested, TJKM will present the Final Report and recommendations at a City Council meeting and respond to all questions and comments. Task 4 Deliverables: Draft Report of Engineering and Speed Study Report; Illustrations of traffic volumes, speed survey locations and final recommended speeds; and a final report and associated documents as described above Engineering and Traffic Surveys | 4 CHAPTER 4 - PROJECT SCHEDULE Our proposed team is an experienced team with specific strengths in each of the areas required to deliver this project on schedule and within budget to the satisfaction of City of Cupertino. Our proposed team has a proven track record of successful similar projects and is dedicated to providing high-quality products. With our available resources and experience, TJKM is equipped to provide the level of responsiveness required by the City, all while providing professional and quality services. We have developed an individualized approach for each task that, combined with an active project management and team-oriented approach, will ensure the delivery of timely, high-quality services. The personnel listed in our organization chart are available to work on the project for the entire duration of the project. Our proposed staff has the availability to accept and complete this key project on schedule and within budget. TJKM will complete this project in accordance with the schedule shown below. This schedule is intended to ensure that the new speed limits are identified within 60 days of the start of the project so the recommendations can be adopted by the City Council as soon as possible after that date. If desired by the City, TJKM staff is available to expedite the schedule. TJKM will complete this project in accordance with the schedule shown below. Task Name Duration Start Finish Project Management 60 days Mon 10/2/23 Fri 12/22/23 Notice-to-Proceed 1 day Mon 10/2/23 Mon 10/2/23 Kick-Off Meeting 1 day Fri 10/6/23 Fri 10/6/23 Data Collection 15 days Thu 10/12/23 Wed 11/1/23 Collect Field Data 10 days Thu 10/12/23 Wed 10/25/23 Collision Analysis 5 days Mon 10/16/23 Fri 10/20/23 Speed Data Analysis 5 days Thu 10/26/23 Wed 11/1/23 Develop Speed Limit Recommendations 13 days Mon 11/6/23 Wed 11/22/23 Detailed Field Audit 1 day Tue 11/7/23 Tue 11/7/23 Develop Draft Technical Memorandum 5 days Mon 11/6/23 Fri 11/10/23 Submit to City 1 day Mon 11/13/23 Mon 11/13/23 City Staff Review 7 days Tue 11/14/23 Wed 11/22/23 Draft and Final Report 27 days Thu 11/16/23 Fri 12/22/23 Develop Draft Report 10 days Thu 11/16/23 Wed 11/29/23 Submit to City 1 day Thu 11/30/23 Thu 11/30/23 City Staff Review 10 days Fri 12/1/23 Thu 12/14/23 Develop Final Report 5 days Fri 12/15/23 Thu 12/21/23 Submit to City 1 day Fri 12/22/23 Fri 12/22/23 EXHIBIT B Engineering and Traffic Surveys | 5 CHAPTER 5 - PROJECT STAFFING For your project, work will be performed under the direct supervision and direction of Mr. Chris Kinzel, PE, TE. Mr. Kinzel will be responsible for overall coordination and day-to-day coordination and activities, maintaining the effectiveness/efficiency of the work, schedule, and ensuring the work products are to the satisfaction of the City and its stakeholders from the start to project completion. He will be available to City staff and stakeholders at a short notice. Name, Role, Years of Experience Registration Number Specialized Expertise Qualifications & Experience Chris Kinzel, PE, TE Project Manager 62 Years of Experience CA CE 15347 CA TE 0023 Peer Review Engineering & Planning Project Management Meeting Facilitation Traffic Impact Fee General Plan Engineering & Traffic Survey, Cities of Hollister, Union City (2), San Bruno, Martinez, Folsom, Marina, Rio Vista (2), Moraga, Danville, Antioch, Menlo Park, Newark, Pleasant Hill(2) Palm Desert, & Cupertino Speed Zone Surveys, Oakley (3) Citywide Engineering & Traffic Survey, Millbrae City Speed Survey, Gilroy Seitu Coleman Support Staff 2 Years of Experience N/A Transportation Planning Traffic Impact Studies Data Collection Engineering & Traffic Survey, Martinez Engineering & Traffic Survey, East Palo Alto Engineering & Traffic Survey, Union City Engineering & Traffic Survey, San Bruno Asti Bridge Traffic Index Study, Sonoma County Devyani Padubidri Support Staff 4 Years of Experience N/A Planning Parking Studies Complete Streets Vision Zero Engineering & Traffic Survey, Union City Engineering & Traffic Survey, Martinez Engineering & Traffic Survey, San Bruno Vision Zero Action Plan, Cupertino Local Roadway Safety Project for the Cities of Orinda, Patterson, &Pittsburg CHAPTER 6 - PROPOSAL EXCEPTIONS TJKM does not have any exceptions or requested changes to the City’s Request for Proposal conditions, and requirements. Engineering and Traffic Surveys | 6 CHAPTER 7 - PROPOSAL COSTS SHEET & RATES TJKM has included our cost proposal below. # Task Description Other Direct Costs Total Chris Kinzel Seitu Coleman Devyani Padubidri Admin / Graphics TJKM Total Hours TJKM Total Labor Costs Project Manager Assistant Transportation Planner Assistant Transportation Planner $250 $115 $115 $100 1 Project Management & Coordination 1 1 $250 $250 2 Data Collection 2 2 $230 $1,000 $1,230 3 Develop Speed Limit Recommendations 2 6 4 12 $1,650 $150 $1,800 4 Draft & Final Report with Recommendations 2 4 4 2 12 $1,620 $1,620 Subtotal 5 12 8 2 27 $3,750 $1,150 $4,900 Total Project Cost $4,900 EXHIBIT C Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts 1 Form Updated Jan. 2022 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 claim, $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 Jan. 2022 OTHER INSURANCE PROVISIONS The aforementioned insurance shall be endorsed and have all the following conditions and provisions: Additional Insured Status The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers (“Additional Insureds”) are to be covered as additional insureds on Consultant’s CGL and automobile liability policies. General Liability coverage can be provided in the form of an endorsement to Consultant’s insurance (at least as broad as ISO Form CG 20 10 (11/ 85) or both CG 20 10 and CG 20 37 forms, if later editions are used). Primary Coverage Coverage afforded to City/Additional Insureds shall be primary insurance. Any insurance or self-insurance maintained by City, its officers, officials, employees, or volunteers shall be excess of Consultant’s insurance and shall not contribute to it. Notice of Cancellation Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums. Waiver of Subrogation Consultant waives any right to subrogation against City/Additional Insureds for recovery of damages to the extent said losses are covered by the insurance policies required herein. Specifically, the Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Consultant, its employees, agents and subconsultants. This provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Deductibles and Self-Insured Retentions Any deductible or self-insured retention must be declared to and approved by the City. At City’s option, either: the insurer must reduce or eliminate the deductible or self-insured retentions as respects the City/Additional Insureds; or Consultant must show proof of ability to pay losses and costs related investigations, claim administration and defense expenses. The policy shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the insured or the City. Acceptability of Insurers Insurers must be licensed to do business in California with an A.M. Best Rating of A-VII, or better. Verification of Coverage Consultant must furnish acceptable insurance certificates and mandatory endorsements (or copies of the policies effecting the coverage required by this Contract), and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements prior to commencement of the Contract. City retains the right to demand verification of compliance at any time during the Contract term. Subconsultants Consultant shall require and verify that all subconsultants maintain insurance that meet the requirements of this Contract, including naming the City as an additional insured on subconsultant’s insurance policies. Higher Insurance Limits If Consultant maintains broader coverage and/or higher limits than the minimums shown above, City shall be entitled to coverage for the higher insurance limits maintained by Consultant. Adequacy of Coverage City reserves the right to modify these insurance requirements/coverage based on the nature of the risk, prior experience, insurer or other special circumstances, with not less than ninety (90) days prior written notice. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 8/23/2023 AssuredPartners Design Professionals Insurance Services,LLC 3697 Mt.Diablo Blvd Suite 230 Lafayette CA 94549 Evan Brown Evan.Brown@AssuredPartners.com License#:6003745 Travelers Property Casualty Company of America 25674 TJKMTRANS Travelers Casualty and Surety Co of America 31194TJKM dba:TJKM Transportation Consultants 4305 Hacienda Dr.,Suite 550 Pleasanton CA 94588 The Travelers Indemnity Company of Connecticut 25682 1239385527 A X 1,000,000 X 1,000,000 10,000 1,000,000 2,000,000 X Y Y 6800J039683 4/1/2023 4/1/2024 2,000,000 C 1,000,000 X X X Y Y BA5R185660 4/1/2023 4/1/2024 A X X 5,000,000YCUP0D4518984/1/2023Y 4/1/2024 5,000,000 A X N Y UB0K938923 4/1/2023 4/1/2024 1,000,000 1,000,000 1,000,000 B Professional Liability Y 106898029 4/1/2023 4/1/2024 $5,000,000 per Claim $5,000,000 Annl Aggr TJKM’s Professional Liability policy with Travelers includes Pollution Liability coverage. The Excess-Umbrella Liability is Following Form to the General Liability,Automobile Liability and Employers'Liability policies. REF:Professional/Consulting Services for conducting an Engineering and Traffic Surveys for the City of Cupertino.GENERAL LIABILITY/AUTOMOBILE LIABILITY ADDITIONAL INSURED:The City of Cupertino,its City Council,officers,officials,employees,agents,servants and volunteers are named as Additional Insured as respects General Liability and Auto Liability as required per written contract or agreement.General Liability is Primary/Non-Contributory per policy form wording.Waiver of Subrogation applies to Commercial General Liability,Automobile Liability and Workers Compensation.Professional Liability Retro Date:01/01/1974.Notice of Cancellation:It is understood and agreed that in the event of cancellation of the policy for any reason other than nonpayment of premium,30 days written notice will be sent to the certificate holder by mail.In the event the policy is cancelled for non-payment of premium,10 days written notice will be sent to the above. 30 Day NOC/10 Day for NonPay of Prem City of Cupertino Department of Public Works 10300 Torre Avenue Cupertino CA 95014 COMMERCIAL GENERAL LIABILITY c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this methoo, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. d. Primary And Non-Contributory Insurance If Required By Written Contract If you specifically agree in a written contract or agreement that the insurance afforded to an insured under this Coverage Part must apply on a primary basis, or a primary and non- contributory basis. this insurance is primary to other insurance that is available to such insured which covers such insured as a named insured, and we will not share with that other insurance, provided that: (1) The "bodily injury'' or "property damage" for which coverage is sought occurs; and (2) The "personal and advertising injury" for which coverage is sought is caused by an offense that is committed; subsequent to the signing of that contract or agreement by you. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit perioo we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation , and send us copies at such times as we may request. 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. The unintentional omission of, or unintentional error in, any information provided by you which we relied upon in issuing this policy will not prejudice your rights under this insurance. However, this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or nonrenewal in accordance with applicable insurance laws or regulations. 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written not ice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V -DEFINITIONS 1. "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition: a. Notices that are published include material placed on the Internet or on similar electronic means of communication; and b. Regarding websites, only that part of a website that is about your goods, prooucts or services for the purposes of attracting customers or supporters is considered an advertisement. Page 16 of 21 © 2017 The Travelers Indemnity Company. All rights reserved. CG T1000219 Includes copyrighted material of Insurance Services Office, Inc. with its permiss ion. Policy #6800J039683 COMMERCIAL GENERAL LIABILITY that is available to any of your "employees"occupational therapist or occupational for "bodily injury" that arises out of providingtherapy assistant, physical therapist or or failing to provide "incidental medicalspeech-language pathologist; or services" to any person to the extent not(b)First aid or "Good Samaritan services"subject to Paragraph 2.a.(1)of Section II –by any of your "employees" or "volunteer Who Is An Insured.workers", other than an employed or volunteer doctor. Any such "employees"K. MEDICAL PAYMENTS – INCREASED LIMIT or "volunteer workers" providing or failing The following replaces Paragraph 7.ofto provide first aid or "Good Samaritan SECTION III – LIMITS OF INSURANCE:services" during their work hours for you 7.Subject to Paragraph 5.above, the Medicalwill be deemed to be acting within the scope of their employment by you or Expense Limit is the most we will pay under performing duties related to the conduct Coverage C for all medical expenses of your business.because of "bodily injury" sustained by any one person, and will be the higher of:3.The following replaces the last sentence of Paragraph 5.of SECTION III – LIMITS OF a.$10,000; orINSURANCE: b.The amount shown in the Declarations ofFor the purposes of determining the this Coverage Part for Medical Expenseapplicable Each Occurrence Limit, all related Limit.acts or omissions committed in providing or failing to provide "incidental medical L. AMENDMENT OF EXCESS INSURANCE services", first aid or "Good Samaritan CONDITION – PROFESSIONAL LIABILITYservices" to any one person will be deemed The following is added to Paragraph 4.b.,to be one "occurrence".Excess Insurance, of SECTION IV –4.The following exclusion is added to COMMERCIAL GENERAL LIABILITYParagraph2.,Exclusions, of SECTION I –CONDITIONS: COVERAGES – COVERAGE A – BODILY This insurance is excess over any of the otherINJURY AND PROPERTY DAMAGE insurance, whether primary, excess, contingentLIABILITY:or on any other basis, that is ProfessionalSale Of Pharmaceuticals Liability or similar coverage, to the extent the "Bodily injury" or "property damage" arising loss is not subject to the professional services out of the violation of a penal statute or exclusion of Coverage A or Coverage B. ordinance relating to the sale of M. BLANKET WAIVER OF SUBROGATION –pharmaceuticals committed by, or with the WHEN REQUIRED BY WRITTEN CONTRACTknowledge or consent of the insured.OR AGREEMENT5.The following is added to the DEFINITIONS The following is added to Paragraph 8.,TransferSection: Of Rights Of Recovery Against Others To Us,"Incidental medical services" means:of SECTION IV – COMMERCIAL GENERAL a.Medical, surgical, dental, laboratory, x-LIABILITY CONDITIONS: ray or nursing service or treatment,If the insured has agreed in a written contract oradvice or instruction, or the related agreement to waive that insured's right offurnishing of food or beverages; or recovery against any person or organization, we b.The furnishing or dispensing of drugs or waive our right of recovery against such personmedical, dental, or surgical supplies or or organization, but only for payments we makeappliances.because of: 6.The following is added to Paragraph 4.b.,a."Bodily injury" or "property damage" thatExcess Insurance, of SECTION IV –occurs; orCOMMERCIAL GENERAL LIABILITY b."Personal and advertising injury" caused byCONDITIONS: an offense that is committed;This insurance is excess over any valid and subsequent to the signing of that contract orcollectible other insurance, whether primary, excess, contingent or on any other basis,agreement. CG D3 79 02 19 ú 2017 The Travelers Indemnity Company. All rights reserved.Page 5 of 6 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Policy #6800J039683 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE This endorsement broadens coverage.However,coverage for any injury,damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part,and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement.The following listing is a general cover- age description only.Limitations and exclusions may apply to these coverages.Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights,duties,and what is and is not covered. A.BLANKET ADDITIONAL INSURED H.AUDIO,VISUAL AND DATA ELECTRONIC EQUIPMENT INCREASED LIMITB.EMPLOYEE HIRED AUTO I.WAIVER OF DEDUCTIBLE GLASSC.EMPLOYEES AS INSURED J.PERSONAL PROPERTYD.SUPPLEMENTARY PAYMENTS INCREASED LIMITS K.AIRBAGS E.TRAILERS INCREASED LOAD CAPACITY L.AUTO LOAN LEASE GAP F.HIRED AUTO PHYSICAL DAMAGE M.BLANKET WAIVER OF SUBROGATION G.PHYSICAL DAMAGE TRANSPORTATION EXPENSES INCREASED LIMIT A.BLANKET ADDITIONAL INSURED performing duties related to the conduct of your business.The following is added to Paragraph A.1.,Who Is An Insured,of SECTION II COVERED AUTOS 2.The following replaces Paragraph b.in B.5., LIABILITY COVERAGE:Other Insurance,of SECTION IV BUSI- NESS AUTO CONDITIONS:Any person or organization who is required under a written contract or agreement between you and b.For Hired Auto Physical Damage Cover- that person or organization,that is signed and age,the following are deemed to be cov- executed by you before the "bodily injury"or ered "autos"you own: "property damage"occurs and that is in effect (1)Any covered "auto"you lease,hire,during the policy period,to be named as an addi-rent or borrow;andtionalinsuredisan"insured"for Covered Autos (2)Any covered "auto"hired or rented byLiabilityCoverage,but only for damages to which your "employee"under a contract inthisinsuranceappliesandonlytotheextentthat an "employee's"name,with yourpersonororganizationqualifiesasan"insured" permission,while performing dutiesundertheWhoIsAnInsuredprovisioncontained related to the conduct of your busi-in Section II. ness.B.EMPLOYEE HIRED AUTO However,any "auto"that is leased,hired,1.The following is added to Paragraph A.1.,rented or borrowed with a driver is not aWhoIsAnInsured,of SECTION II COV-covered "auto".ERED AUTOS LIABILITY COVERAGE: C.EMPLOYEES AS INSUREDAn"employee"of yours is an "insured"while The following is added to Paragraph A.1.,Who Isoperatingacovered"auto"hired or rented An Insured,of SECTION II COVERED AUTOSunderacontractoragreementinan"em- LIABILITY COVERAGE:ployee's"name,with your permission,while CA T4 20 02 15 ©2015 The Travelers Indemnity Company.All rights reserved.Page 1 of 3 Includes copyrighted material of Insurance Services Office,Inc.with its permission. BA5R185660 COMMERCIAL AUTO (2)An adjustment for depreciation and physicalAny"employee"of yours is an "insured"while us- ing a covered "auto"you don't own,hire or borrow condition will be made in determining actual in your business or your personal affairs.cash value in the event of a total "loss". D.SUPPLEMENTARY PAYMENTS INCREASED (3)If a repair or replacement results in better LIMITS than like kind or quality,we will not pay for the amount of betterment.1.The following replaces Paragraph A.2.a.(2)of SECTION II COVERED AUTOS LIABILITY (4)A deductible equal to the highest Physical COVERAGE:Damage deductible applicable to any owned covered "auto".(2)Up to $3,000 for cost of bail bonds (in- (5)This Coverage Extension does not apply to:cluding bonds for related traffic law viola- tions)required because of an "accident"(a)Any "auto"that is hired,rented or bor- we cover.We do not have to furnish rowed with a driver;orthesebonds. (b)Any "auto"that is hired,rented or bor-2.The following replaces Paragraph A.2.a.(4)of rowed from your "employee".SECTION II COVERED AUTOS LIABILITY G.PHYSICAL DAMAGE TRANSPORTATIONCOVERAGE: EXPENSES INCREASED LIMIT (4)All reasonable expenses incurred by the The following replaces the first sentence in Para-"insured"at our request,including actual graph A.4.a.,Transportation Expenses,oflossofearningsupto$500 a day be-SECTION III PHYSICAL DAMAGE COVER-cause of time off from work. AGE:E.TRAILERS INCREASED LOAD CAPACITY We will pay up to $50 per day to a maximum ofThefollowingreplacesParagraphC.1.of SEC-$1,500 for temporary transportation expense in- TION I COVERED AUTOS:curred by you because of the total theft of a cov- 1."Trailers"with a load capacity of 3,000 ered "auto"of the pri ate passenger type.v pounds or less designed primarily for travel H.AUDIO,VISUAL AND DATA ELECTRONIC on public roads.EQUIPMENT INCREASED LIMIT F.HIRED AUTO PHYSICAL DAMAGE Paragraph C.1.b.of SECTION III PHYSICAL The following is added to Paragraph A.4.,Cover-DAMAGE COVERAGE is deleted. age Extensions,of SECTION III PHYSICAL I.WAIVER OF DEDUCTIBLE GLASS DAMAGE COVERAGE: The following is added to Paragraph D.,Deducti- Hired Auto Physical Damage Coverage ble,of SECTION III PHYSICAL DAMAGE COVERAGE:If hired "autos"are covered "autos"for Covered Autos Liability Coverage but not covered "autos"No deductible for a covered "auto"will apply to for Physical Damage Coverage,and this policy glass damage if the glass is repaired rather than replaced.also provides Physical Damage Coverage for an owned "auto",then the Physical Damage Cover-J.PERSONAL PROPERTY age is extended to "autos"that you hire,rent or The following is added to Paragraph A.4.,Cover-borrow subject to the following:age Extensions,of SECTION III PHYSICAL DAMAGE COVERAGE:(1)The most we will pay for "loss"to any one "auto"that you hire,rent or borrow is the Personal Property Coverage lesser of:We will pay up to $400 for "loss"to wearing ap- (a)$50,000;parel and other personal property which is: (1)Owned by an "insured";and(b)The actual cash value of the damaged or stolen property as of the time of the (2)In or on your covered "auto". "loss";or This coverage only applies in the event of a total (c)The cost of repairing or replacing the theft of your covered "auto". damaged or stolen property with other No deductibles apply to Personal Property cover- property of like kind and quality.age. Page 2 of 3 ©2015 The Travelers Indemnity Company.All rights reserved.CA T4 20 02 15 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL AUTO K.AIRBAGS (2)Any: The following is added to Paragraph B.3.,Exclu-(a)Overdue lease or loan payments at the sions,of SECTION III PHYSICAL DAMAGE time of the "loss"; COVERAGE:(b)Financial penalties imposed under a Exclusion 3.a.does not apply to "loss"to one or lease for excessive use,abnormal wear more airbags in a covered "auto"you own that in-and tear or high mileage; flate due to a cause other than a cause of "loss"(c)Security deposits not returned by the les-set forth in Paragraphs A.1.b.and A.1.c.,but sor;only: (d)Costs for extended warranties,Credit Lifea.If that "auto"is a covered "auto"for Compre- Insurance,Health,Accident or DisabilityhensiveCoverageunderthispolicy; Insurance purchased with the loan orb.The airbags are not covered under any war-lease;andranty;and (e)Carry-over balances from previous loansc.The airbags were not intentionally inflated.or leases. We will pay up to a maximum of $1,000 for any M.BLANKET WAIVER OF SUBROGATIONone"loss". The following replaces Paragraph A.5.,TransferL.AUTO LOAN LEASE GAP Of Rights Of Recovery Against Others To Us, The following is added to Paragraph A.4.,Cover-of SECTION IV BUSINESS AUTO CONDI- age Extensions,of SECTION III PHYSICAL TIONS:DAMAGE COVERAGE: 5.Transfer Of Rights Of Recovery AgainstAutoLoanLeaseGapCoverageforPrivateOthersToUsPassengerTypeVehicles We waive any right of recovery we may haveIntheeventofatotal"loss"to a covered "auto"of against any person or organization to the ex-the private passenger type shown in the Schedule tent required of you by a written contract exe-or Declarations for which Physical Damage Cov- cuted prior to any "accident"or "loss",pro-erage is provided,we will pay any unpaid amount vided that the "accident"or "loss"arises out ofdue on the lease or loan for such covered "auto" the operations contemplated by such con-less the following: tract.The waiver applies only to the person or(1)The amount paid under the Physical Damage organization designated in such contract.Coverage Section of the policy for that "auto"; and CA T4 20 02 15 ©2015 The Travelers Indemnity Company.All rights reserved.Page 3 of 3 Includes copyrighted material of Insurance Services Office,Inc.with its permission. WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 (A) POLICY NUMBER: WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy.We will not enforce our right against the person or organization named in the Schedule. The additional premium for this endorsement shall be %of the California workers'compensation pre- mium. Schedule Person or Organization Job Description This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Insurance Company Countersigned by DATE OF ISSUE:Page 1 of 1 Any Person or organization for which the insured has agreed by written contract executed prior to loss to furnish this waiver. UB0K938923 Travelers Property Casualty Company of America 8/23/2023 TJKM Transportation Consultants for Engineering and Traffic Surveys to Establish Speed Limits Final Audit Report 2023-08-29 Created:2023-08-28 By:City of Cupertino (webmaster@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAAW727tnn96OaLTIHrABMKrnK2ziEPn_yD "TJKM Transportation Consultants for Engineering and Traffic S urveys to Establish Speed Limits" History Document created by City of Cupertino (webmaster@cupertino.org) 2023-08-28 - 4:56:14 PM GMT- IP address: 35.229.54.2 Document emailed to Jindy Garfias (jindyg@cupertino.org) for approval 2023-08-28 - 5:00:22 PM GMT Document approved by Jindy Garfias (jindyg@cupertino.org) Approval Date: 2023-08-28 - 5:01:40 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2023-08-28 - 5:01:43 PM GMT Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2023-08-28 - 5:25:13 PM GMT - Time Source: server- IP address: 71.204.144.228 Document emailed to namin@tjkm.com for signature 2023-08-28 - 5:25:16 PM GMT Email viewed by namin@tjkm.com 2023-08-28 - 7:10:07 PM GMT- IP address: 146.75.154.0 Signer namin@tjkm.com entered name at signing as nayan amin 2023-08-28 - 10:15:12 PM GMT- IP address: 162.225.213.17 Document e-signed by nayan amin (namin@tjkm.com) Signature Date: 2023-08-28 - 10:15:14 PM GMT - Time Source: server- IP address: 162.225.213.17 Document emailed to christopherj@cupertino.org for signature 2023-08-28 - 10:15:17 PM GMT Email viewed by christopherj@cupertino.org 2023-08-28 - 11:09:45 PM GMT- IP address: 174.194.129.171 Signer christopherj@cupertino.org entered name at signing as Christopher D. Jensen 2023-08-28 - 11:10:10 PM GMT- IP address: 174.194.129.171 Document e-signed by Christopher D. Jensen (christopherj@cupertino.org) Signature Date: 2023-08-28 - 11:10:12 PM GMT - Time Source: server- IP address: 174.194.129.171 Document emailed to Jimmy Tan (jimmyt@cupertino.org) for signature 2023-08-28 - 11:10:15 PM GMT Email viewed by Jimmy Tan (jimmyt@cupertino.org) 2023-08-29 - 4:46:36 AM GMT- IP address: 172.226.36.21 Document e-signed by Jimmy Tan (jimmyt@cupertino.org) Signature Date: 2023-08-29 - 12:27:04 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature 2023-08-29 - 12:27:07 PM GMT Email viewed by Kirsten Squarcia (kirstens@cupertino.org) 2023-08-29 - 12:43:02 PM GMT- IP address: 104.28.123.91 Document e-signed by Kirsten Squarcia (kirstens@cupertino.org) Signature Date: 2023-08-29 - 10:44:58 PM GMT - Time Source: server- IP address: 64.165.34.3 Agreement completed. 2023-08-29 - 10:44:58 PM GMT