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00-100 DKS.~ ~~ / CITY OF CUPEI~TINO City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3223 FAX: (408) 777-3366 Website: www.cupertino.org October 3, 2000 Mr. Kevin Aguigui DKS Associates 1956 Webster Street, Suite 300 Oakland, CA 94612 OFFICE OF THE CITY CLERK . ~°~ RE: Agreement for Engineering Services in Conjunction with Interstate Route 280 at Wolfe Road Interchange Traffic Safety Improvement Project Enclosed are three originals of the above-stated agreement needing your signature. For your convenience, we have included aself-addressed, stamped envelope to return two (2) copies of this agreement. Keep one copy for your files. If there are any questions, I can be reached at 408-777- 3225 or contact Carol Shepherd, Administrative Secretary in Public Works, at 408-777-3291 Sincerely, Mar ~ Preston, Administrative Clerk City Clerk's Office cc: Carol Shepherd Printed on Recycled Paper Page 2 Cupertino City Council September 20, 1999 2. Accounts payable: (a) September 3, 1999, Resolution No. 99-267 (b) September 10, 1999, Resolution No. 99-268 3. Payroll: September 3, 1999, Resolution No. 99-269 4. Approving destruction of certain records, Resolution No. 99-270. 5. Recommendation from Telecommunications Commission to approve public access grant. 6. Authorizing amendment to Resolution No. 99-209 which authorized execution of an agreement for payment of costs between the city, the Cupertino Redevelopment Agency, and JG Cupertino LLC, Resolution No. 99-271. 7. Declaring intent to conduct a public hearing concerning a nuisance on parcel 369-24-048, 862 Bette Avenue, weeds and accumulation of garbage and refuse in front and side yards, Resolution No. 99-272. 8. Acceptance of city projects performed under contract: Medians and Roadsides, Landscape Improvements at Various Locations, Project 9f.-108 (Robert A. Bothman, Inc.). 11. Accepting grant of easement for storm drain purposes from First Baptist Church of Cupertino, 10525 Miller Avenue, APN 369-16-001, Resolution No. 99-275. 12. Accepting quitclaim deed from the Roman Catholic Bishop of San Jose, 22555 Cristo Rey Drive, Los Altos, APN 342-63-002, 005, Resolution r1o. 99-276. Vote Councilmembers Ayes: Burnett, Chang, Dean, and Statton Noes: None. Absent: James Abstain: None. ITEMS REMOVED FROM THE CONSENT CALENDAR 9. Award of contract for Traffic Safety Improve-ment Project, Interstate Route 280 at Wolfe Road Interchange. Public Works Director Viskovich explained that the City received a grant of $500,000 to determine mitigation measures that would reduce traffic accidents at that interchange. The actual modification of the ramps that are causing some of the backups on 280 will be done by CalTrans. The first part is a study, then the remaining money will be used to implement it. Burnett moved to award the project to DKS Associates in the amount of $113,002. Chang seconded and the motion passed 5-0. ACCOUNT NO. 420-9528 PURCHASE ORDER NO. ?. AGREE11VIENT THIS CONSULTANT AGREEMENT, made and entered into this 3 day of tere// 2000, by and between the CITY OF CUPERTINO, a.municipal corporation of California, ina fter referred to as "CITY", and DKS Associates, a consulting firm with offices at 1956 Webster Street, Suite 300, Oakland, California 94612-2931, hereinafter referred to as "CONSULTANT"; WITNESSETH: WHEREAS, CITY desires to retain traffic engineering services in conjunction with Interstate Route 280 at Wolfe Road Interchange Traffic Safety Improvement Project; and WHEREAS, CITY desires to engage CONSULTANT to provide these services by reason of its qualifications and experience for performing such services, and CONSULTANT has offered to provide the required services on the terms and in the manner set forth herein; NOW, THEREFORE, in consideration of their mutual covenants, the parties herein agree as follows: 1. DEFINITIONS. i (a) The word"City" asrused in this agreement shall mean and include all the territory lying within the municipal boundaries of the City of Cupertino, California, as presently existing, plus all territory which may be added thereto during the term of this agreement by annexation or otherwise. (b) The term "City Manager" shall mean the duly appointed City Manager of the City of Cupertino, California, or his/her designated representative. (c) The term "City Attorney" shall mean the duly appointed City Attorney of the City of Cupertino, California, or his/her designated.representative. (d) The term"City Clerk" shall mean the duly appointed City Clerk of the City of Cupertino, California, or his/her designated representative. (e) The term "FHWA" shall mean the Federal Highway Administration. (f) The term"State" shall mean the State of California Department of Transportation. 1 b 2. CONSULTl CONTRACT ADMINISTRATION. ----- �N (a) Cam. The City Manager shall be representative of CITY for all purposes under this agreement. RAYMOND CHONG is hereby designated as the CONTRACT ADMINISTRATOR for the City Manager and shall supervise the progress and execution of this agreement. (b) Con_ sultant. CONSULTANT' shall assign a PROJECT MANAGER to have overall responsibility for the progress and execution of this agreement for CONSULTANT. Kevin Aguigui is hereby designated as the PROJECT MANAGER. Should circumstances or conditions subsequent to the execution of this consultant agreement require a substitute PROJECT MANAGER for any reason, the PROJECT MANAGER designee shall be subject to the prior written acceptance and approval of the CONTRACT ADMINISTRATOR. 3. DESCRIPTION OF WORK. (a) Services to be Furnished. CONSULTANT shall provide all specified services as set forth in the following documents: (1) CITY's "Request for Proposal (RFP) for Traffic Engineering Services for the Interstate Route 280 at Wolfe Road Interchange Traffic Safety Improvement Project, dated August 6, 2000, attached by reference as Exhibit.A. (2) CONSULTANT's "Proposal to Provide Traffic Engineering Services for the Interstate Route 280 at Wolfe Road Interchange Traffic Safety Improvement Project, dated August 17, 2000, attached by reference as Exhibit B. (3) CONSULTANT's "Work Plan", dated March 17, 2000, attached as Exhibit C. (b) Laws to be Observed. CONSULTANT shall: (1) Procure all permits and licenses, pay all charges and fees; and give all notices which may be necessary and incident to the due and lawful prosecution of the services to be performed by CONSULTANT under this agreement. (2) Keep itself fully informed of all existing and future federal, state, and local laws, ordinances, regulations, orders, and decrees which may affect those engaged or employed under this agreement, any materials used in CONSULTANT's performance under this agreement, or the conduct of the services under this agreement. (3) At all times, exercise due professional care to observe and comply with, and cause all of its subconsultants and employees, if any, to observe and comply with all of said laws, ordinances, regulations, orders, and decrees mentioned above; (4) Immediately report to the CONTRACT ADMINISTRATOR in writing any discrepancy or inconsistency it discovers in said laws,'ordinances, regulations, orders, and decrees mentioned above in relation to any plans, drawings, specifications, or provisions of this agreement. 2 , Vic) Rele �o Reports and Information. Any repo information, data, or other '4 material given to, or prepared or assembled by CONSULTANT or its subconsultants, if any, under this agreement shall be the property of CITY and shall not be made available to any individual or organization by CONSULTANT or its subconsultant;3, if any, under this agreement without the prior written approval of the City Manager. (d) Qualifications of CONSULTANT. CONSULTANT represents that it is qualified to furnish the services described under this agreement. 4. TIME OF BEGINNING AND COMPLETION. CONSULTANT shall begin work after letter of notification has been sent to the CONSULTANT from the CITY. Work will be completed by December 31, 2001. 5. PAYMENTS. The basis of payment for the services provided by the CONSULTANT under this agreement shall be computed as cost plus fee rates. (a) The CITY shall reimburse the CONSULTANT on a time and expenses basis for actual cost plus fixed fee (including labor costs, employee benefits, overhead, profit, and other direct costs-plus_fixed-fee) incurred by the CONSULTANT in performance of the work, in an amount not to exceed $105,978.3.0.plus a fixed fee amount of$7,367.85. Actual costs shall not exceed the estimated wage rates and other costs set forth in the CONSULTANT's cost proposal. (b) The CONSULTANT shall be reimbursed for actual travel expenses incurred in the performance of this work, including the use of private cars at the rate of 35 cents per mile, while traveling away from CONSULTANT's headquarters which is hereby designated as Oakland. In addition, CONSULTANT's personnel shall be reimbursed for per diem expenses at a rate not to exceed that currently authorized for State employees under State Department of Personnel administration rules. (c) Total expenditures made under this agreement shall not exceed the sum of �$1�13�346:15. The CONSULTANT's cost proposal is stated in the following documents: (1) Consultant's "Cost Proposal", dated March 17, 2000, attached as Exhibit D. 6. RECORDS RETENTION. The CONSULTANT's records shall be retained for inspection by the State, FHWA, or their duly authorized representatives for three years after final payment to the CONSULTANT. 3 .COS ?`.� LES. ! The Federal.Acquisition Regulations in Title ,lS, Code of Federal Regulations (CFR) 31 are the governing factors regarding allowable elements of cost. (a) Covenant Against Contingent Fees. thahn CONSULTANT t na fide employee working for he has not employed or retained any company or person., other CONSULTANT to solicit or secure this agreement, an tat he/s e h s not pa company bgokerage fee, gift, company or person, other than a bona employee, any , or an other consideration contingent upon or resulting from thewardto or annul this of thine agreement.Y For breach or violation of this warranty, the CITY shall have right liability, or at its discretion to deduct from the agreement price e r co sid r tion,or otherwise recover, the full amount of such fee, commi kera ssion, percentage, b g S. DESIGN STANDARDS. The CONSULTANT shall provide services that conform with the appropriate standards for design or other standards for work performance as ;stipulated as follows: (1) Caltrans' Highway.Design Manual (2) Caltrans' Traffic Manual (3) National Transportation Communications for ITS Protocol (4) National Intelligent Transportation Systems Architecture 9. DOCUMENTS. The CONSULTANT shall document the results of the work to the satisfaction ion of ass dfinal rep , d� orts plans, if applicable, the State and FHWA. This include f attainment of the agreement objectivep. . ..:specifications and estimates,.or similar evidence (a) Ownership of Documents. The tracings, plans, specifications, and maps as instruments of professional services or obtained under is survey notes and sketches, charts, prepared delivered to and become the property of the CIT)., and that Y computations, and other data prepared or obtained under such agreement The CONSULTANT availa 11 not beon request, to the CITY without restriction or limitation on their u responsible for CITY's modification to its instruments of professional services or for their re-use on other projects. Lo. CHANGES IN WORK- All changes and/or extra work shall be performed and paid for in accordance with the following: (a) Only the City Engineer or City Council maynel aore without au�orization to work. CONSULTANT expressly recognizes that other City perso n s. Failure of CONSULTANT to either order extra,and/or changed work or waive contract requirement for such extra and/or changed work secure the Council's or City Engineer's prior written authorization shall constitute a waiver of any and all right to adjustment in contract price due to such unauthorized 4 `'work and CONSULTANT eafter shall be entitled to no compens!w�n whatsoever for performance 0 of such work. (b) If the CONSULTANT is of the: opinion that any work he has been directed to perform is beyond the scope of this agreement and constitutes extra work, he shall promptly notify the CITY of the fact. The CITY shall make a determination as to whether or not such work is, in fact, beyond the scope of this Agreement and constitutes extra work. In the event that the CITY determines that such work does constitute extra work, it shall provide extra compensation to the CONSULTANT on a fair and equitable basis. A supplemental agreement providing for such compensation for extra work shall be negotiated between the CITY and the CONSULTANT. Such supplemental agreement shall be executed by the CONSULTANT and be approved by the necessary CITY-officials. (c) In the event CITY determines that such work does not constitute extra work, CONSULTANT shall not be paid extra compensation above that provided herein and if such determination is made by CITY staff, said determination may be appealed to the City Council as long as a written appeal is submitted to the City Manager within five (5) days after the staff s determination is received by the CONSULTANT. Said written appeal shall include a description of each and every ground upon which CONSULTANT challenges the staff's determination. 11. DELAYS AND EXTENSIONS. The CITY shall consider an appropriate extension of time in case of unavoidable delays and for consideration of corresponding warranted adjustments in payment. In the event that the services called for under this agreement are not completed within f ae time specified above, the City Manager shall have the option to extend the time for completion. 'This paragraph does not preclude the recovery of damages for delay by either party. Neither party shall be responsible for delays from causes beyond its reasonable control. 12. TERMINATION OR ABANDONMENT. (a) Right to Suspend or Terminate. Either party may suspend or terminate this agreement for any reason by giving thirty (30) days' written notice. Upon receipt of such notice CONSULTANT shall immediately discontinue his performance under this agreement. The City Manager shall have the authority to suspend this agreement, wholly or in part, for such period as he deems necessary due to unfavorable conditions or to the failure on the part of the CONSULTANT to perform any provision of this agreement. (b) payment. Upon such suspension or termination, CONSULTANT shall be paid for all services actually rendered to CITY to the date of such suspension or termination; provided, however, if this agreement is suspended or terminated for fault of CONSULTANT, CITY shall be obligated to compensate CONSULTANT only for that portion of CONSULTANT services which are of benefit to CITY. (c) Return of Materials. Upon such suspension or termination, CONSULTANT shall turn over to the City Manager immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by CONSULTANT or its subconsultants, if any, or given to CONSULTANT or its subconsultants, if any, in connection with this agreement. Such materials shall become the permanent property of CITY. CONSULTANT, however, 5 's shhall nct be liable for CITE'' of incomplete materials or for CITi' j use of complete documents if used for other than the project contemplated by this agreement. 13. ' REMEDIES Upon a breach or default of any of the terms or obligations of this Agreement by CONSULTANT, the CITY shall be entitled to exercise all rights and remedies hereby reserved under this agreement or made available under applicable laws. 14. RESPONSIBILITY FOR CLAIMS AND LIABILITY (INDEMNIFICATION). CONSULTANT hereby agrees to indemnify and save harmless CITY, its officers, agents, and employees of and from: (a) Any and all damages to or destruction of the property of CITY, its officers, agents, or employees occupied or used by or in the care, custody, or control of CONSULTANT caused by any negligent act, error, or omission of CONSULTANT or any subconsultant under this agreement or of CONSUL`],'ANT's or any subconsultant's employees or agents. (b) Any and all claims and demands which may be made against CITY, its officers, agents, or employees by reason of any inju).y to or death of or damage suffered or sustained by any employee or agent of CONSULTANT or any subconsultant under this agreement, to the extent caused by any negligent.act, error or omission of CONSULTANT, excepting, however, any such claims and demands which are the result of the negligence or willful misconduct of CITY, its officers, agents, or employees. (c) Any and all penalties imposed or damages sought on account of the violation of any law or regulation or of any term or condition of any permit by CONSULTANT, to the extent caused by any negligent act, error or omission of CONSULTANT. (d) The CONSULTANT is not responsible for the accuracy of data from any other sources or from conclusions reached as a result:of utilizing information supplied by third persons. (e) The CITY agrees to provide legal defense to challenges of the adequacy and completeness of the services provided. The CONSULTANT shall assist the CITY in responding to such challenges. If it is subsequently ruled by a court of jurisdiction that errors of facts, procedures, or scope have occurred and that these errors and/or omissions were the result of the CONSULTANT's own negligent professional services, then the CONSULTANT shall be responsible for providing whatever remedies may be required to make the analysis adequate and complete. 15. GENERAL COMPLIANCE WITH LAWS AND WAGE RATES. The CONSULTANT shall comply with all Federal, State, and local laws and ordinances applicable to the work. This includes compliance with prevailing wage rates and their payment in accordance with California Labor Code, Section 1775. Ei •(a) Subc ,ultants, Assignment and Transfer. Ur this agreement, participating Federal funds are furnished. The subcontracting, assignment or transfer of any of the work, except as otherwise provided for in the executed agreement, is prohibited. All contracts shall provide that subcontracts exceeding $25,000 in cost shall contain all required provisions of the prime contract. (1) Assignment. Both parties shall give their personal attention to the faithful performance of this agreement and shall not assign, transfer, convey, or otherwise dispose of this.agreement or any right, title, or interest in or to the same or any part thereof without the prior written consent of the other party, and then only subject to such terms and conditions as the other party may require. A consent to one assignment shall not be deemed to be a consent to any subsequent assignment. Any assignment without such approval shall be void, and, at the option of the other party, shall terminate this agreement and any license or privilege granted herein. This agreement and any interest herein shall not be assignable by operation of law without the prior written consent of the other party. (2) Subconsultants; Empl�)yees. CONSULTANT shall be responsible for employing or engaging all persons necessary to perform the services of CONSULTANT hereunder. No subconsultant of CONSULTANT will be recognized by CITY as such; rather, all subconsultants are deemed to be employees of CONSULTANT, and it agrees to be responsible for their performance. CONSULTANT shall give its personal attention to the fulfillment of the provisions of this agreement by all of its employees and subconsultants, if any, and shall keep the work under its control. If any employee or subconsultant of CONSULTANT fails or refuses to carry out the provisions of this agreement or appears to be incompetent or to act in a disorderly or improper manner, he shall be discharged immediately from the work under this agreement on demand of the CONTRACT ADMINISTRATOR. (b) Consultant's Endorsement on Plans, Specifications, & Estimates/Other Data. The responsible CONSULTANT/engineer shall sign all plans, specifications,*estimates, and engineering data furnished by him/her and where appropriate, indicate his/her registration number. (c) Disadvantaged Business Enterprise Considerations. CONSULTANT has given consideration to DBE firms as specified in 23 CFR 172.5(e) and has met requirements in the provisions of Title 49, Part 23, Code of Federal Regulations (41) CFR23) and the City of Cupertino's adopted DBE program. Evidence must be presented of"good faith" effort, when applicable. The provisions of Title 49, Part 23, Code of Federal Regulations (49 CFR 23) and the CITY's adopted DBE Program require that Disadvantaged Business Enterprises (DBEs) have the opportunity to participate in federally-funded, transportation projects. The agency has established a goal of 10% DBE participation in this consultant contract. In order to meet these requirements, the following criteria have been established: 1. Participation by Caltrans' certified DBEs as a prime consultant or sub-consultants in this contract, or 2. A good faith effort by the prime consultant in trying to secure participation.by DBEs prior to award of this contract. Documentation of a good faith effort is to be submitted in writing and consists of the following: Y a s a) A list of Caltrans' certified DBEs solicited. b) Description of efforts to use the services of available minority community organizations,; minority contracting groups; women contractor groups; and local, State, and Federal minority business assistance centers in the recruitment and placement of DBEs including name of contact, date'of contact, and information they provided. C) Identification of the portions of the work to be performed by DBEs, including type of work and dollar value. d) Documentation of good faith negotiations between subcontractors and interested DBEs, including names and dollar value of all bids. 16. INSPECTION. CONSULTANT shall furnish CITY with every reasonable opportunity for CITY to ascertain that the services of CONSULTANT are being performed in accordance with the requirements and intentions of this agreement. All work done and.all materials furnished, if any, shall be subject to the CONTRACT ADMINISTRATOR's inspection and approval. The inspection of such work shall not relieve CONSULTANT of any of its obligations to fulfill its agreement as prescribed. 17. - INDEPENDENT JUDGMENT. Failure of CITY to agree with CONSULTANT's independent findings, conclusions, or recommendations, if the same are called for under this agreement, on the basis of difference in matters of judgment shall not be construed as a failure on thy: part of CONSULTANT to meet the requirements of this agreement. 18. NOTICES. All notices hereunder shall be given in writing and mailed, postage prepaid, by certified mail, addressed as follows: TO CITY- Raymond Chong Contract Administrator City of Cupertino 10300 Torre Avenue Cupertino, CA. 95014 TO CONSULTANT: Kevin Aguigui Project Manager DKS Associates 1956 Webster Street, Suite 300 Oakland, CA 94612-2931 19. INTEREST OF CONSULTANT. CONSULTANT covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with 3 1 the performance of the sere; t hereunder. CONSULTANT further `.nants that, in the performance 6 of this agreement, no subconsultant or person having such an interest all be employed. CONSULTANT certifies that no one who has or will have any.financial interest under this agreement is an officer or employee of CITY. It is expressly agreed that, in the performance of the services hereunder, CONSULTANT shall at all times be deerned an independent contractor and not an agent or employee of CITY. 20. CERTIFICATIONS The CITY and CONSULTANT shall certify that they have not required, directly or indirectly, as an express or implied condition in connection with obtaining or carrying out this agreement: (a) Certification of Local Agency, attached as Exhibit E (b) Certification of Consultant, attached as Exhibit F. 21. INSURANCE. CONSULTANT, at its sole cost and expense, shall obtain and maintain in full force and effect throughout the entire term of this agreement, the insurance coverage of at least an "A" rating as determined in accordance with the Best's Guide Rating, and class VII in financial rating, insuring not only CONSULTANT, but also (with the exception-of workers' compensation and employer's liability insurance), CITY, its officers, agents, and employees, and each of them with respect to activities and services performed by CONSULTANT for or on behalf of CITY under the provisions of this agreement. Certificates of such insurance, on the forms provided by CITY, shall be filed with CITY concurrently with the execution of this agreement attached as Exhibit G-1 to G-7. With the exception of professional liability insurance, said certificates sliall be subject to the approval of the City Attorney and shall contain an endorsement stating that said insurance is primary coverage, and will not be canceled or altered by the insurer except after filing with the City Clerk thirty (30) days written notice of such cancellation or alteration, and that the City of Cupertino is named as an additional insured. Current certificates of such insurance shall be kept on file at all times during the term of this agreement with the City Clerk. 22. WORKERS' COMPENSATION. CONSULTANT certifies that it is aware of the provisions of the Labor Code of the State of California which require every employer to 'be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Labor Code, and it certifies that it will comply with such provisions before commencing the performance of the work of this agreement. 23. AGREEMENT BINDING. The terms, covenants, and conditions of this agreement shall apply to, and shall bind the heirs, successors, executors, administrators, assigns, and subconsultants of both parties. 9 '-, 24. .WAIVERS.; :a The waiver by either party of any breach or violation of any term, covenant, or condition of this agreement or any provision, ordinance, or law shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, or law of or any subsequent breach or violation of the same or of any other term, covenant, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this agreement or of any applicable law or ordinance. 25. COSTS AND ATTORNEY'S FEES. The prevailing party in any,action brought to enforce the terms of this agreement or arising out of this agreement may recover its reasonable costs and attorney's fees expended in connection with such an action from the other party. 26. NONDISCRIMINATION. No discrimination shall be made in the employment of persons under this agreement because of the race, color, national origin, ancestry, religion, or sex of such person. If-CONSULTANT is found in violation of the nondiscrimination provisions of the State of California Fair Employment Practices Act or similar provisions of federal law or executive order in the performance of this agreement, it shall thereby be found in material breach of this agreement. Thereupon, CITY shall have the power to cancel or suspend this agreement, in whole or in part, or to deduct from the amount payable to CONSULTANT the sum of Twenty-five Dollars ($25) for each person for each calendar day during which said person was discriminated against, as damages for said breach of contract, or both. Only a finding of the State of California Fair Employment Practices Commission or the equivalent federal agency or officer shall constitute evidence of a violation of contract under this paragraph. If CONSULTANT is found in violation of the nondiscrimination provisions of this agreement or the applicable affirmative action guidelines pertaining to this agreement, CONSULTANT shall be found in material breach of this agreement. 'Thereupon, CITY shall have the power to cancel or suspend this agreement, in whole or in part, or to deduct from the amount payable to CONSULTANT the sum of Two Hundred Fifty Dollars ($2'50) for each calendar day during which CONSULTANT is found to have been in such noncompliance as damages for said breach of contract, or both.. 27. AGREEMENT CONTAINS ALL UNDERSTANDINGS. This document represents the entire and integrated agreement between CITY and CONSULTANT and supersedes all prior negotiations, representation, or agreements, either written or oral. This document may be amended only by written instrument, signed by both CITY and CONSULTANT. All provisions of this agreement are expressly made conditions. This agreement shall be governed by the laws of the State of California. 10 y IN WITNESS WI �nEOF, CITY and CONSULTANT have es :ated this agreement the day and year first written above. ATT C� �% CUP [NO 4 ity Clerk 4,g Mayor A A T F ey DKS Associates Consultant . Name 1956 Webster Street, Suite 300 Address Oakland, CA 94612 City, State, ZIP (510) 763-2061 Telephone Social Security Number or Tax Identification Number 94-2583153 9 a LIST OF EXHIBITS o- Exhibit Title A City's "Request for Proposal—Traffic Engineering Services for the "Interstate Route 280 at"Wolfe Road Interchange Traffic Safety Improvement Project", dated August 6, 2000. B Consultant's "Proposal to Provide Traffic Engineering Services for the "Interstate Route 280 at Wolfe Road Interchange Traffic Safety Improvement Project", dated August 17, 2000. C Consultant's "Work Plan", dated March 17, 2000 D Consultant's "Cost Proposal", dated March 1.7, 2000 E Certification of Local Agency F Certification of Consultant G-1 Insurance Agreement G-2 Certificate of Insurance G-3 Endorsement of Primary Insurance G-4 Additional Insured Endorsement G-S Comprehensive General Liability Commercial General Liability Endorsement of Aggregate Limits of Insurance per project G-6 Waiver of Subrogation Endorsement Worker's Compensation Insurance G-7 Notice of Policy Cancellation Endorsement 12 EXHIBIT "C" WORK PLAN Under the Traffic Engineering and Safety Evaluation task, we will fully evaluate the existing and projected traffic and safety issues and needs of the entire interchange. Under the Preliminary Engineering task, we will evaluate the immediate and long term needs of the interchange in terms of intersection and roadway configurations, alignment, bridge modifications, and traffic signal modifications to address the traffic and safety issues. The goal is to determine the long term interchange configuration to eliminate all safety impacts and to accommodate future traffic volumes. The following outlines the proposed work plan separated out by the specific elements of the project. We will conduct the project under the following tasks: 1. Project Management 2. Reconnaissance and Data Collection. 3. Interchange Evaluation and Preliminary Engineering. 4. Preparation of PS&E Documents. 5. Post Design Support and Construction Assistance. We will track the progress of the project through several means including monthly Progress Reports and Technical Memorandums. The Technical Memorandums will be in the form of Working Papers. Our proposed schedule allows for Technical Memorandums to be prepared at key stages in the project. We have also allowed adequate review time for the City and Caltrans during the PS&E preparation stage. Task 1: Project Management This task includes the following: ➢ Attendance at kick off meeting ➢ Attendance at monthly progress meetings ➢ Preparation of meeting agenda and meeting minutes ➢ Preparation of monthly progress reports, including work performed during the month, work planned for next month, and identification of any outstanding issues ➢ Preparation of invoices ➢ Coordination of sub consultants ➢ Coordination with Caltrans ➢ Preparation of contact list, including updates ➢ Preparation of detailed project schedule, including updates Deliverables: Meeting Agenda Meeting Notes ➢ Contact List ➢ Project Schedule DKS Associates 1 March 17, 2000 EXHIBIT "C" WORK ]FLAN ➢ Monthly Progress Reports ➢ Invoices Task 2.0: Reconnaissance and Data Collection Under this task, the DKS Team will conduct a field topographic survey, conduct traffic counts, conduct field observations, and gather pertinent materials for succeeding tasks. DKS will attend the kick-off meeting with the City and Caltrans to discuss overall goals and procedures for the project. Task 2.1: Field Reconnaissance,Data Collection, and Review We will identify important information which will be gathered such as: ➢ Identify detailed traffic and safety issues ➢ Identify objectives, needs, and concerns ➢ Identify current problems and complaints to be addressed ➢ Identify local traffic patterns and events that affect patterns ➢ Review history of current signal operation Obtain and review current interjurisdictional arrangements, if any ➢ Identify and review planned roadway or intersection changes that may affect project (including those identified in RFP) Identify and review other projects that need coordination or consideration ➢ Identify design standards and preferences Identify Caltrans policy and specific project requirements ➢ Collect as-built drawings including for signal interconnect, Caltrans interchange Improvement Plans, and local improvement plans. Collect current agency design standards and drawing formats ➢ Collect utility record/as-built information within the project limits ➢ Collect current signal timings, traffic volumes, and accident data Perform field review of the corridor Observe traffic operations during peak and off-peak periods DKS has already conducted a preliminary field inventory of existing conditions of the interchange. At this early stage, we will finalize our detailed field inventory and inspection of the existing conditions. It is important to collect this information before preparing any detailed preliminary engineering design and budgeting work to ascertain the major constraints of the interchange. Signal timing and operations information will be collected for the study area traffic signals and ramp metering signals. Deliverable: Working paper summarizing information collected. Task 2.2: Traffic Counts DKS Associates 2 March 17, 2000 EXHIBIT "C" WORK PLAN This task includes the following: The DKS Team will collect 12-hour turning movement and 24-hour automatic "tube" counts. The turning movement counts will be collected at the two study area intersections, and the tube counts will be collected at two (2) locations. In addition, we will collect other pertinent data including ramp meter detector counts and meter rates during the peak periods when ramp metering is in effect. We will use these counts to determine the impact of freeway congestion on the interchange operations, in particular the impact to Wolfe Road. Tuning movement counts will be collected betwe.en 7 A.M. and 7 P.M. on either a Tuesday, Wednesday, or Thursday. The automatic "tub(." counts will be collected from a Thursday through a Sunday. The DKS team will work with the City to identify specific needs as well as identifying interchange and corridor needs for improved traffic: operations and safety. DKS will prepare a draft working paper summarizing findings and present to the City and Caltrans. We will discuss comments and modify the working paper as needed. Deliverable: Working paper summarizing inforniation collected and its implications for the project. Task 2.3: Topographic Survey Aerial and ground control surveys will be conducted. The topographic survey will be performed utilizing survey ground control and aerial mapping methods. The mapping limits will be as follows: ➢ Between 100 meters west of Wolfe Road and 450 meters east along I-280; ➢ Between 250 meters south of I-280 and 350 meters north of I-280 to Pruneridge. ➢ Mapping limits will be between 9 and 15 meters from the back of roadway. The ground control surveys will set the required controls for the aerial mapping. An allowance for the anticipated supplemental field surveys necessary during the design phase has been included in this task. Deliverable: Field Notes. Task 2.4: Base Map Preparation Base maps will be prepared for the project from the topographic survey. These base maps will be supplemented with information in the city's files such as right-of-way plans and roadway construction plans, as well as from field measurements. The base map will be prepared in AutoCAD format. However, if deemed more appropriate, the base maps can be prepared in Microstation format. DKS Associates 3 March 17, 2000 1 EXHIBIT "C' WORK ]FLAN The base maps will be prepared at the metric scale of 1:250, corresponding to an approximate imperial scale of 1"=20'. The mapping will show all physical features with 0.25 meter contours within the entire limits of the mapping. Existing right of way data and utility information will be shown on the base maps. Deliverable: Base maps of the project. Task 3.0: Interchange Evaluation and Preliminary Engineering One of the key goals of this task will be to evaluate and provide recommendations on alternative improvements to the interchange under near term and long term "scenarios. The near term scenario would involve improvements that can be implemented using the available funds and opportunities afforded with other planned projects. The long term scenario would involve major improvements to the interchange to upgrade this facility to an ultimate configuration to accommodate projected traffic volumes and eliminate any safety issues. Task 3.1: Traffic Operations and Safety Analysis DKS will conduct a detailed traffic operations analysis of the interchange including intersection levels of service, queuing, average delay, merge, and diverge conditions. We will evaluate the specific operational needs and characteristics of each intersection as it relates to signal phasing, phase splits, phase sequences, etc. In addition, we will evaluate all potential intersection and roadway geometric modifications to improve the safety and levels of service, and to reduce accidents and delays for both automobiles and bicyclists alike. DKS will conduct a near and a long term operational needs analysis of the entire interchange to identify alternatives for the ultimate configuration. Some of the design considerations will include: ➢ Accommodating the projected traffic volumes ➢ Elimination of existing safety impacts ➢ Tie in points along Wolfe Road ➢ Freeway merge, diverge, and weave impacts ➢ Ramp meter lane configurations ➢ Ramp Meter/Traffic Signal Integration ➢ Vehicular storage requirements ➢ Bike lanes. ➢ Pedestrian circulation ➢ Traffic signal coordination The scenarios that will be evaluated include: 1. Existing conditions 2. Existing plus Approved Project conditions, and; 3. Future Buildout conditions DKS Associates 4 March 17, 2000 0 b EXHIBIT "C" WORK PLAN We will conduct a level of service analysis of the weekday AM and PM peak hours. If required for evaluation of an interchange improvement, DIKS will evaluate a full interchange evaluation including merge, diverge and weave conditions. This type of evaluation will depend on the shortlist of alternatives to be evaluated. In addition, DKS will prepare a Corsim simulation model to demonstrate the potential effectiveness of each alternative improvement(s). In addition, it will be critical to identify at this stage the near term and long term improvements for the interchange, and factor in the available opportunities to share resources with current programmed construction activities in the area. DKS will prepare a report on the Traffic Operations and Safety Improvement Needs and Levels of Service analysis. We will prepare conceptual sketches of geometric and/or signal phasing improvement recommendations (near and long terry►), and present the findings to the City and/or Caltrans for review. We will revise the report based on comments received. This evaluation will not include preliminary cost estimates. Deliverables: ➢ Traffic Operations and Safety Improvement Needs and Levels of Service report. ➢ Concept Sketches. Task 3.2: Preliminary Engineering This task will utilize the Traffic Operations and Safety Improvement Needs analysis prepared under Task 3.1, Traffic Operations and Safety Analysis. Task 3.2,1:Preparation of Concept Designs We will work very closely with the City and Caltrans to determine the most feasible types of improvements. We will utilize the previous studies conducted for the City, and conduct several brainstorming sessions between all agencies involved. Based on these, we will prepare up to three (3) conceptual alternative interchange configurations for both the near and long term scenarios. It is very likely that the near term solution(s) may involve only a single alternative with various design components. In all cases, we will attempt to maximize the opportunities to use any near term improvements under the long term configurations. We will evaluate improvements to the overcrossing including widening the bridge structure, removal of a sidewalk and/or raised median to accommodate additional travel lanes, widening the on-ramps, improvements to ramp meter operations, etc. It is our intent to prepare all of the designs to meet or exceed Caltrans standards in order to avoid the need for design exceptions. If there will be any element that will need a design exception, they will be identified under this task. DKS Associates 5 March 17, 2000 ' EXHIBIT "C" WORK PLAN The Concept Design plans will be prepared in :metric units using the base map information prepared under Task 2.4, Base Map Preparation. These concept plans will identify certain conceptual details of any roadway and intersection improvements including, but not limited to, roadway widening, bridge and structural modifications, curbs, landscaping areas, existing utilities, potential utility relocations, freeway widening limits, traffic signal, right of way lines, streetlights, pavement delineation, and conform points. The concept design configurations will include enough preliminary engineering design details to prepare preliminary cost estimates of each alternative including all necessary structural and bridge elements, traffic and civil elements, and all pertinent contingencies. These concept plans will be submitted to the City and Caltrans for review. It will be necessary at this point to meet to discuss the concept plan and forge a working agreement with Caltrans that will form the basis for continuing work on the project. It is the goal of this task to identify a preferred alternative for at least the near term, and potentially the long term. Since it is envisioned. that the long, term would involve a more comprehensive evaluation in the form of a Project: Study Report (PSR), the intent of this task is to set the foundation for such a PSR, or initiate sections of such a PSR in preparation for it. Deliverables: ➢ Up to three Concept Design Configurations for alternative improvements. ➢ Preliminary cost estimates (optional). Task 3.2.2: Funding and Grant Applications The DKS Team will prepare grant applications for up to three funding sources to be determined in consultation with the City and/or Caltrans. In addition, we will prepare an overall funding plan which would identify potential funding sources that should be considered and a preliminary strategy for attaining the funds. We will explore all levels of funding sources including those at the federal, state and local levels. Deliverables: ➢ Up to three grant applications. ➢ An overall funding plan identifying strategies fi)r securing funds. Task 4.0: Preparation of PS&E Documents DKS will prepare the detailed PS&E documents for the near term improvements of this project. It will be important to begin this task only after there has been preli-minary approval by Caltrans and the City on the proposed improvements. In general, it is anticipated that the plan set will contain the following sheets. DKS Associates 6 March 17, 2000 EXHIBIT "C" �J WORK KLAN 1. Title Sheet(1 sheet) 2. Construction Area Signing Details (1 sheet) 3. Standard Plan Listing (2 sheets) 4. Monument Plan (1 sheet) 5. Layout (2 to 3 sheets) 6 Utility Plan (1 to 2 sheets) 7. Traffic Signal and Lighting Plan (4 to 6 sheets) 8. Pavement Delineation Plan (2 to 3 sheets) 9. Highway Lighting Plan (2 to 3 sheets) 10. Construction Details (1 sheet) 11. Traffic Control Special Details, if needed (1 to 2 sheets) TOTAL: 18 to 25 sheets The number of sheets will vary depending on the magnitude and types of improvements identified. The utility as-built information will be 'included only for those areas where widening and/or excavations will be made. As noted under 'Cask 2.1, and as necessary to complete utility certifications, utility information will be collected for the entire project area. The steps in plan development will follow the set of review stages at 60 percent, 90 percent and final PS&E documents. With each stage, the review comments from the previous stage will be itemized and a written response to each will be prepared. The original red pencil mark-up from the City and Caltrans will be returned with the succeeding submittal. The special provisions will be prepared using standard Caltrans special provisions and formats as may be modified by the City and/or the individual agencies. Estimates of construction cost will be prepared using detailed spread sheets. These sheets detail individual items material and labor costs. These estimates are made in a manner similar to how the bidding contractors will prepare their bids. The estimate will also be shown in the same format proposed for the actual bid documents. Task 4.1: Preparation of 60% PS&E Documents Once comments on the concept design(s) are received, the 60% design drawings will be prepared. This set of plans will include more detailed design information on items such as cross sections, drainage features, flowlines, earthwork:, grading, traffic signals, signing, pavement delineation, street lighting, landscaping, irrigation, bridge modifications, and right of way information. Other items to be prepared are as follows: ➢ Address comments on the concept design; ➢ Prepare the draft Special Provisions; ➢ Prepare the Preliminary Construction Cost Estimate. The plans and specifications will be based on the latest Caltrans Standard Specifications and Standard Plans. DKS Associates 7 March 17, 2000 EXHIBIT "C" WORK PLAN An Encroachment Permit Application will be prepared and submitted to Caltrans and the City (if needed) at this stage. The appropriate number of copies of the 60% design plans will be submitted with the permit application to Caltrans. Coordination with the affected utility companies and any city utilities will be conducted. This will include notices to the utility agencies for underground locations and utility relocations as necessary. A utility certification will be prepared. Utility and Right of Way Certifications will be prepared in conjunction with the PS&E documents and will be conducted as part of the PEER process as described in Task 3.3. Deliverable: Full size 60 percent PS&E Documents to the City and Caltrans. Task 4.2: Preparation of 90% PS&E Documents Once comments on the 60% PS&E Document submittal are received, the 90% PS&E Documents will be prepared. The Special Provisions and Preliminary Cost Estimate will be revised per the comments received. All PS&E details and information will be complete and ready for city review. Deliverables: Encroachment permit application. ➢ Full size 90 percent PS&E Documents to the City and Caltrans. ➢ Utility certification. Right of way certification (for city's signature). Task 4.3: Preparation of Final PS&E Documents Once comments on the 90% PS&E Document submittal are received, the final design drawings will be prepared. In addition, the Special Provisions and Preliminary Cost Estimate will be revised per the comments received. All PS&E details and information will be complete and ready for city review. A full Mylar Plan Set will be prepared and submitted with the comments on the 90% PS&E Document submittal incorporated. This final submittal will include "photo-ready" Special Provisions, and Bid Sheets. At this stage it is anticipated that all necessary Encroachment Permit(s) will be fully executed. Deliverable: Full size, signed and sealed Final PS&E Documents to the City and Caltrans. Task 4.4: Right of Way Engineering (optional) DKS Associates 8 March 17, 2000 ' EXHIBI11 "C" WORK ]FLAN This task is optional and will be performed if necessary for the project. All work is anticipated to occur with in the public (city or state) right of ways. Therefore, no additional right of way engineering, beyond research and plotting of the existing right of way as described in Task 2 is included. If it is determined that this task will be needed, DKS will prepare a cope of work and perform this task on a time and materials basis. Deliverable: Appraisal, right of way maps and legal descriptions as needed. DKS Associates 9 March 17, 2000 EXHIBIT "C" WORK ]PLAN Task 5.0: Post Design Support and Construction Assistance DKS will provide the City of Cupertino with assistance during the post design and construction period. The service we will provide under this task is broken into three tasks: Pre-Construction, Construction Administration, and Post Construction/Acceptance. Post Design Support and Construction Assistance will be provided once the final PS&E documents have been approved. The services to be provided under these tasks include, but is not limited to: Task 5.1: Pre-Construction Assistance 1. Bidding Assistance -- Bid Addenda Preparation. 2. Pre bid meetings. 3. Comparison of Bids and Recommendations. 4. Stake Survey Control Line and Bench Mark. Add to cost proposal. 5. Pre-Construction Meeting. Task 5.2: Construction Administration DKS will also assist the City in the preparation of any Contract Change Orders (CCOS) if necessary. Depending on the magnitude of the CCOs, revisions to this Work Plan may be necessary. We will seek written authorization from the City prior to commencing with preparing CCOs if deemed applicable. 1. Field Visits/Inspection/Construction Meetings. 2. Review Submittals and respond to RFIs. 3. Assistance with Change Orders. 4. Field Meetings. 5. Assistance with Signal Turn-On/Timings. Task 5.3: Post Construction/Acceptance During the Post Construction stage DKS will assist the City and/or Caltrans with the acceptance of the improvements. In addition, we will help the City prepare "punch-lists" (a list of problems or uncompleted work for the contractor) to verify that the contractor has completed every aspect of construction. Once all the punch-list items have been completed; DKS will compile all the design changes that occur during construction into an "as-built" set of plans. Deliverable: Letters, memoranda, reports, addenda, change orders, field visits and technical support for construction of the system, as-built plans, material and hardware binder. Task 5.4: Preparation and Implementation of 1Craffic Signal Timings DKS Associates 10 March 17, 2000 41 EXHIBIT "C" WORK ELAN DKS will develop new base signal parameters and coordinated signal timing plans as needed for traffic signal modifications or geometric improvements. The new timing plans will specify the cycle length, phase split, offset, phase sequence, and other parameters that the local system allows to be changed by timing plan. Timing plans presented for review will be office-fine-tuned, and not just raw output from optimization models. The new signal timing will be presented to the City and/or Caltrans for review and approval before implementation. New Signal Timings and Timing Plans will be developed for: 1. Weekday AM peak 2. Weekday PM peak 3. Weekday midday peak 4. Off-peak (several plans if needed) 5. Weekends (several plans if needed) 6. Unusual flow patterns at any time 7. Maximum one-way throughput for incident conditions We will assist the City in implementing the new signal timings for each traffic signal. This work will include:. ➢ Enter the new signal timings into the signal system database. ➢ Download timings and operate them out of the peak period. Observe initial operation and fine tune signal settings. ➢ Operate timings during the intended time period.. ➢ Observe new timings in the field and use system monitoring to record operation. ➢ Make fine-tuning adjustments to timings including plan transitions. ➢ Upload revised timings. ➢ Perform simulation of the revised timings. ➢ Compare simulated performance of the new and old timings. Deliverable: Final implemented signal timings, and simulation evaluation of implemented timing plans. DKS Associates 11 March 17, 2000 I • 9 City of Cupertino Interstate 280 at Wolfe Road Safety Improvement Project Fee Estimate Staff Rate Total Hours Task 1 Task 2 Task 3 Task 4 Task 5 Project Management Data Collection Preliminary Engineering PS&E Post Design Support Principal $57.24 30 4 4 12 8 2 Project Manager $37.64 160 16 16 72 40 16 Lead Engineer $31.55 186 8 24 40 98 16 Project Engineer $25.82 216 8 56 96 32 24 Technician $26.58 164 0 32 68 60 4 Clerical $14.70 36 4 4 16 8 4 Total Hours: 792 40 136 304 246 66 Total Direct Labor: $24,073.22 $1,349.00 $3,943.59 $9,180.19 $7,594.08 $2,006.36 Overhead @ 185.29%: $44,605.28 $2,499.56 $7,307.08 $17,009.98 $14,071.08 $3,717.59 Total Labor: $68,678.50 $3,848.56 $11,250.67 $26,190.17 $21,665.16 $5,723.95 Direct Expenses: $5,000.00 $200 $1,000 $1,400 $1,600 $800 SUBTOTAL: $73,678.50 $4,048.56 $12,250.67 $27,590.17 $23,265.16 $6,523.95 i Winzler&Kelly $22,500.00 $0.00 $11,500.00 j $9,000.00 $2,000.00 $0.00 Radman Aerial 2 $9,800.00 $0.00 $9,800.00 $0.00 $0.00 $0.00 Wiltec 2 $2,500.00 $0.00 $2,500.00 $0.00 $0.00 $0.00 SUBCONSULTANT TOTALS: $32,300.00 $0.00 $23,800.00 $9,000.00 $2,000.00 $0.00 Fee 10% 1: $7,367.85 $404.86 $1,225.07 $2,759.02 $2,326.52 $652.39 Ell PROJECT TOTALS: 1 $113,346.35 1 $4,453.41 $37,275.73 $39,349.19 $27,591.68 $7,176.34 1. Fee includes direct labor,overhead,and other direct expenses. 2. DBE Firm. "Direct Expenses"include phone,copies,computer,fax,travel,subsistence,transportation and supplies. DKS may reallocate resources and adjust tasks within the budget estimate as needed to accommodate requirements of the project,subject to the maximum contract ceiling. March 17, 2000 DKS Associates QW99X31011Fee_1 EXHIBIT E CERTIFICATION OF LOCAL AGENCY I HEREBY CERTIFY that I am the Director of Public: Works of the City of Cupertino, and that the consulting firm of DKS Associates or its representative has not been required (except as herein expressly stated), directly or indirectly, as an express or implied condition in connection with obtaining or carrying out this agreement to: (a) employ, retain, agree to employ or retain, any firm or person; or (b) pay or agree to pay, to any firm, person or organization, any fee, contribution, donation, or consideration of any kind. I acknowledge that this Certificate is to be made available to the California Department of Transportation (Caltrans) in connection with this agreement involving participation of Federal-Aid Highway funds, and is subject to applicable State and Federal laws, both criminal and civil. (D te) (Signature) 13 EXHIBIT F CERTIFICATION OF CONSULTANT I HEREBY CERTIFY that I am the President and duly authorized representative of the firm of DKS Associates, whose address is 1956 Webster Street, Suite 300, Oakland, CA 946.12-2931, and that, except as hereby expressly stated, neither I nor the above firm that I represent haver (a) employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above consultant) to solicit or secure this agreement; nor (b) agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the agreement; nor (c) paid, or agreed to pay, to any firm, organization, or person (other than a bona fide employee working solely for me or the above consultant) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out this agreement. I acknowledge that this Certificate is to be made available to the California Department of Transportation (Caltrans) in connection with this agreement involving participation of Federal-Aid Highway funds, and is subject to applicable State and Federal laws, both criminal and civil. ate) (Signature) 14 i . o INSURANCE FORMS INSTRUCTIONS FOR ITEMS 3, 4, 5 AND 6, THE FORMS PROVIDED BY THE CITY OF CUPERTINO MUST BE USED. FORMS OTHER THAN THESE WILL NOT BE ACCEPTED. ALL DOCUMENTS MUST BE ORIGINALS .. SUBMIT IN TRIPLICATE 1. Insurance Agreement - Must be signed by Contractor. 2. Certificate of Insurance to the City of Cupertino - must be completed by the insurance agent or must provide a certificate on the coirtpany's form. They must contain the same information. 3. Endorsement of Primary Insurance - must be signed by the insurance agent for general liability and automobile liability only. 4. Additional insured endorsement - must be signed by the insurance agent for general liability and automobile liability only. 5. Comprehensive general liability/commercial general liability endorsement of aggregate limits of insurance per project - must be signed by the insurance agent for general liability only. 6. Waiver of subrogation endorsement worker's compensation insurance - must be signed by the insurance agent for worker's compensation only. 7. Notice of policy cancellation endorsement - must be signed by the insurance agent or must be on the company's certificate of insurance forra for all insurances. CITY Of CUPEI_TINO INSURANCE AGREEMENT A. Contractor is aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker's compensation or undertake self- insurance in accordance with the provisions of that Code, and will comply with such provisions before commencing the performance of the work of this Contract. B. Contractor and all subcontractors will carry worker's compensation insurance for the protection of its employees during the progress of the work. The insurer shall waive its rights of subrogation against the City, the City's officers, agents and employees and shall issue an endorsement to the policy evidencing same. C. Contractor shall carry at all times, on all operations hereunder, commercial or comprehensive* general liability insurance, automobile liability insurance and builder's all risk insurance. All insurance coverage shall be in amounts required by the City and shall be evidenced by the issuance of a certificate in a form prescribed by the City and shall be underwritten by insurance companies satisfactory to the City for all operations, sub-contract work, contractual obligations, product or completed operations, all owned vehicles and non owned vehicles. Said insurance coverage obtained by the Contractor, excepting worker's compensation coverage, shall-name the City, its engineer, and each of its directors, officers, agents and employees, as determined by the City, as additional insureds on said policies. Insurers must be licensed to do business in the State of California. The Insurers must also have an "A" policyholder's rating and a financial rating of at least Class VII in accordance with the current Best's Guide Rating. D. Before Contractor performs any work at, or prepares or delivers materials to, the site of construction, Contractor shall furnish certificates of insurance evidencing the foregoing insurance coverages and such certificates shall provide the name and policy number of each carrier and policy and that the insurance is in force and will not be canceled or modified without thirty (30) days written notice to the City. Contractor shall maintain all of the foregoing insurance coverages in force until the work under this Contract is fully completed. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of the City by Contractor under this Contract and for the duration of the warranty period. Notwithstanding nor diminishing the obligations of Contractor with respect to the foregoing, Contractor shall maintain in full ?force and effect during the life of this Contract, the following insurance in amounts not less than the amounts specified and issued by a company admitted in California and having a Best's Guide Rating of A, Class VII or better. Worker's Compensation Liability In accordance with the Worker's Compensation Act of the State of California- $1,000,000 per occurrence. L a Public Liability - either commercial general Combined single limit of$1.0 million per liability or comprehensive general liability; occurrence; $2.0 million in the aggregate. including provisions for contractual liability, personal injury, independent contractors and property damage coverages. Automobile Liability - comprehensive covering Combined single limit of$1.0 million per owned, non-owned and hired automobiles. occurrence. Consultants only: Errors and Omissions liability. $1.0 million per occurrence. •' By:__ ice koti (Contractor's Name) I Dated: !" ,?,,.�. � 20 _✓-00_MRD. -- CERTIFIC.�" TE OF LIABILITY INSI."ANCklD C31 ODATE(MM/DD/YY) PbODUCER �"� PUBLIC THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION P Jenkins/Athens Ins Concord f D C UU�D�KS ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE License No. 0545478 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR P. O. Box 5668 _ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Concord CA 94524-2029 APR ���� Phone: 925-798-3334 Fax:925-671-9533 INSURERS AFFORDING COVERAGE INSURED INSURER A: CIGNA Property & Casualty COs INSURER B: Indemnity Ins Co of N. America DKS Associates. INSURER C: Cigna Insurance Company 1956 Webster Street #300 INSURER D: Zurich American Insurance Co Oakland CA 94612 INSURER E: COVERAGES 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.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER POiLICY EFFECTIVE POLICY EXPIRATION LTR DATE MM/DDIYY DATE MM/DD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1000,000 • X COMMERCIAL GENERAL LIABILITY D33736939 05/01/99 05/01/00 FIRE DAMAGE(Any one fire) $ 1000000 CLAIMS MADE FX] OCCUR MED EXP(Any one person) $ 5000 X E Ben Liab PERSONAL&ADV INJURY $ 1000000 GENERAL AGGREGATE $ 2000000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2000000 POLICY PRO ECT LOC J _ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1000000 • X ANY AUTO D33736939 05/01/99 05/01/00 (Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO EA ACC $ OTHER THAN AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ 5 0 0 0 0 0 0 B X OCCUR F� CLAIMS MADE XUXG19545878 05/01/99 05/01/00 AGGREGATE $ 5000000 DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND X TORY LIMITS I ER EMPLOYERS'LIABILITY C C42724889 05/01/99 05/01/00 E.L.EACH ACCIDENT $ 100.0000 E.L.DISEASE-EA EMPLOYEE $ 1000000 _ E.L.DISEASE-POLICY LIMIT $ 1000000 OTHER D Professional EOC675855706 wi/01/98 05/01/01 $1000000 Per claim Liability _ $2 000'000 Agg DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SI?ECIAL PROVISIONS 10 day NOC will apply if cancelled for non-payment of premium. Re: A99x310l-Interstate Route 280 @ Wolfe Rd. Interchange Traffic Safety Improvement Project. Certificate holder, its directors, officers, engineers, agents & employees are named as Addl Insd per attached CG2010 CA0001. CERTIFICATE HOLDER N I ADDITIONAL INSURED;INSURER LETTER: CANCELLATION CUPER-1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Cupertino DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN Public Works Department NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Attn: Ray D Chong IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR City Hall, 10300 Torre Avenue Cupertino CA 95014 REPRESENTATIVES. ACORD 25-S(7/97) ©ACORD CORPO TION 1988 /GENERAL ENDORSEMENT COMMERCIAL GENERAL LIABILITY COVERAGE PART In consideration of an additional premium of Included, it is hereby understood and agreed that the following applies: ADDITIONAL INSURED-OWNERS,LESSEES OR CONTRACTORS-FORM B CG 20 to 10 93 Check if applicable X City of Cupertino, its directors, officers,engineers, agents& employ Re: A99x3101 - Interstate Route 280 @Wolfe Rd-Interchange Traffic Safety Improvement Project WHO IS AN INSURED(Section II) is amended to include as an insured the RE: person or organization shown above, but only with respect to liability arising out of your ongoing operations performed for that insured. PRIMARY CO_VERAGE Check if applicable X With respect to claims arising out of the operations of the Named Insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the above Insured(s). WAIVER OF SUBROGATION Check if applicable X It is understood and agreed that the Company waives the right of subrogation against the above Insured(s),but only as respects the job or premises described in the certificate attached thereto. CROSS LIABILITY CLAUSE Check if applicable X The naming of more than one person, firm or corporation as insureds under this policy shall not, for that reason along, extinguish any rights of one insured against another, but this endorsement,and the naming of multiple insureds,shall not-increase the total liability of the Company under this policy. NOTICE OF CANCELLATION Check if applicableX It is understood and agreed that in the event of cancellation of the policy for any reason other than non-payment 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. POLICYNO: D33736939 POLICYTERM: 5/1/99 to 5/1/00 ISSUED TO: DKS Associates INSURANCE COMPANY: CIGNA Insurance Compaq ISSUEDATE: 11/12/99 U Authorized Representative: J'enkin /Athens Insurance Service U COMMERCIAL AUTO BUSINESS AUTO COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer,to the Named Insured shown in the Declarations. The words "we," "us" and "our" refer to the Company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION V—DEFINI- TIONS. SECTION I—COVERED AUTOS ITEM TWO of the Declarations shows the "autos" that 6 OWNED "AUTOS" SUBJECT TO A COM- are covered "autos" for each of your coverages. The PULSORY UNINSURED MOTORISTS LAW. following numerical symbols describe the "autos" Only those "autos" you own that because of that may be covered "autos." The symbols entered the law in the state where they are licensed next to a coverage on the Declarations designate the or principally garaged are required to have only "autos"that are covered "autos." and cannot reject Uninsured Motorists Cov- A. DESCRIPTION OF COVERED AUTO DESIG- erage. This includes those "autos" you ac- NATION SYMBOLS quire ownership of after the policy begins SYMBOL DESCRIPTION provided they are subject to the same state uninsured motorists requirement. 1 = ANY "AUTO." 7 = SPECIFICALLY DESCRIBED "AUTOS," Only 2 = OWNED "AUTOS" ONLY. Only those those "autos" described in ITEM THREE of "autos" you own (and for Liability Coverage the Declarations for which a premium any "trailers" you don't own while attached charge is shown (and for Liability Coverage to power units you own). This includes those any "trailers" you don't own while attached "autos" you acquire ownership of after the to any power unit described in ITEM policy begins. THREE). 3 = OWNED PRIVATE PASSENGER "AUTOS" 8 = HIRED "AUTOS" ONLY. Only those "autos" ONLY. Only the private passenger "autos" you lease, hire, rent or borrow.This does not you own. This includes those private pas- include any "auto" you lease, hire, rent, or N senger "autos" you acquire ownership of borrow from any of your employees or part- after the policy begins. ners or members of their households. M 4 = OWNED "AUTOS" OTHER THAN PRIVATE 9 = NONOWNED "AUTOS" ONLY. Only those PASSENGER "AUTOS" ONLY. Only those "autos" you do not own, lease, hire, rent or "autos" you own that are not of the private borrow that are used in connection with passenger type (and for Liability Coverage your business. This includes "autos" owned any "trailers" you don't own while attached by your employees or partners or members m to power units you own).This includes those of their households but only while used in "autos" not of the private passenger type your business or your personal affairs. you acquire .ownership of after the policy B OWNED AUTOS YOU ACQUIRE AFTER THE begins. POLICY BEGINS 5 = OWNED"AUTOS" SUBJECT TO NO-FAULT. Only those "autos" you own that are requir- 1. If symbols 1, 2, 3, 4, 5 or 6 are entered next to a coverage in ITEM TWO of the Declarations, ed to have No-Fault benefits in the state where they are licensed or principally then you have coverage for "autos" that you garaged. This includes those "autos" you acuire of thecy period. ribed for the remain- acquire ownership of after the policy begins provided they are required to have No-Fault 2. But, if symbol 7 is entered next to a coverage benefits in the state where they are licensed in ITEM TWO of the Declarations, an "auto" or principally garaged. you acquire will be a covered "auto" for that coverage only if: CA 00 01 12 93 Copyright, Insurance Services Office, Inc., 1993 Page 1 of 11 ` COMMERCIAL AUTO1 a. We already cover all "autos"that you own 2. "Mobile equipment" while being carried or for that coverage or it replaces an "auto" towed by a covered "auto. you previously owned that had that cover- 3. Any "auto" you do not own while used with age; and the permission of its owner as a temporary b. You tell us within 30 days after you ac- substitute for a covered "auto" you own that is quire it that you want us to cover it for that out of service because of its: coverage. a. Breakdown; C. CERTAIN TRAILERS, MOBILE EQUIPMENT b. Repair; AND TEMPORARY SUBSTITUTE AUTOS If Liability Coverage is provided by this Coverage c. Servicing; Form, the following types of vehicles are also d. "Loss"; or covered "autos" for Liability Coverage: e. Destruction. 1. "Trailers" with a load capacity of 2,000 pounds or less designed primarily for travel on public roads. SECTION II—LIABILITY COVERAGE A. COVERAGE b. Anyone else while using with your permis- We will pay all sums an "insured" legally must pay sion a covered "auto" you own, hire or as damages because of "bodily injury" or "pro- borrow except: perty damage" to which this insurance applies, (1) The owner or anyone else from whom caused by an "accident" and resulting from the you hire or borrow a covered "auto." ownership, maintenance or use of a covered This exception does not apply if the "auto." covered "auto" is a "trailer" con- We will also pay all sums an "insured"legally must nected to a covered "auto" you own. pay as a "covered pollution cost or expense" to (2) Your employee if the covered "auto" which this insurance applies, caused by an "acci- is owned by that employee or a mem- dent" and resulting from the ownership, main- ber of his or her household. tenance or use of covered "autos." However, we (3) Someone using a covered "auto" will only pay for the "covered pollution cost or while he or she is working in a busi- expense" if there is either "bodily injury" or "property damage" to which this insurance- ness of selling, servicing, repairing, applies that is caused by the same "accident." parking or storing `autos unless that business is yours. We have the right and duty to defend any (4) Anyone other than your employees, "insured" against a "suit" asking for such dam- partners, a lessee or borrower or any ages or a "covered pollution cost or expense." of their employees, while moving However; we have no duty to defend. any property to or from a covered "auto." "insured against a suit seeking damages for "bodily injury" or "property damage" or a (5) A partner of yours for a covered "covered pollution cost or expense" to which this "auto" owned by him or her or a insurance does not apply. We may investigate member of his or her household. and settle any claim or "suit" as we consider c. Anyone liable for the conduct of an "in- appropriate. Our duty to defend or settle ends sured" described above but only to the when the Liability Coverage Limit of Insurance extent of that liability. has been exhausted by payment of judgements or 2. COVERAGE EXTENSIONS settlements. a. Supplementary Payments. In addition to 1. WHO IS AN INSURED the Limit of Insurance, we will pay for the The following are "insureds": "insured": a. You for any covered "auto." (1) All expenses we incur. Page 2 of 11 Copyright, Insurance Services Office, Inc., 1993, 1994 CA 00 01 12 93 r COMMERCIAL AUTO (2) Up to $250 for cost of bail bonds 1. EXPECTED OR INTENDED INJURY (including bonds for related traffic law "Bodily injury" or "property damage" expect- violations) required because of an " ed or intended from the standpoint of the accident" we cover. We do not have "insured." to furnish these bonds. (3) The cost of bonds to release attach- 2. CONTRACTUAL ments in any "suit" we defend, but Liability assumed under any contract or only for bond amounts within our agreement. Limit of Insurance. But this exclusion does not apply to liability (4) All reasonable expenses incurred by for damages: the "insured" at our request, includ- a. Assumed in a contract or agreement that ing actual loss of earning up to$100 a is an "insured contract" provided the day because of time off from work. "bodily injury" or "property damage" oc- (5) All costs taxed against the "insured" curs subsequent to the execution of the in any "suit" we defend. contract or agreement; or (6) All interest on the full amount of any b. That the "insured" would have in the ab- judgment that accrues after entry of sence of the contract or agreement. the judgment in any "suit"we defend; 3. WORKERS' COMPENSATION but our duty to pay interest ends Any obligation.for which the "insured" or the when.we have paid, offered to pay or "insured's" insurer may be held liable under deposited in court the part of the any workers' compensation, disability bene- judgment that is within our Limit of fits or unemployment compensation law or Insurance. any similar law. b. Out-of-State Coverage Extensions. 4. EMPLOYEE INDEMNIFICATION AND EM- While a covered "auto" is away from the PLOYER'S LIABILITY state where it is licensed we will: "Bodily injury" to: (1) Increase the Limit of Insurance for a. An employee of the "insured" arising out Liability Coverage to meet the limits of and in the course of employment by specified by a compulsory or finan- the "insured"; or cial responsibility law of the jurisdic- tion where the covered "auto" is b. The spouse, child, parent, brother or being used. This extension does not sister of that employee as a consequence apply to the limit or limits specified by of paragraph a. above. any law governing motor carriers of This exclusion applies: ' passengers or property. (1) Whetherthe"insured" maybe liable as an (2) Provide the minimum amounts and employer or in any other capacity; and types of other coverages, such as no- fault, required of out-of-state vehicles (2) To any obligation to share damages with m m by the jurisdiction where the covered or repay someone else who must pay "auto" is being used. damages because of the injury. But this exclusion does not apply to "bodily We will not pay anyone more than once for injury" to domestic employees not entitled to the same elements of loss because of these workers' compensation benefits or to liability extensions. assumed by the "insured" under an "insured B. EXCLUSIONS contract." This insurance does not apply to any of the follow- 5. FELLOW EMPLOYEE ing: "Bodily injury" to any fellow employee of the "Insured" arising out of and in the course of the fellow employee's employment. 6. CARE, CUSTODY OR CONTROL CA 00 01 12 93 Copyright, Insurance Services Office, Inc., 1993 Page 3 of 11 COMMERCIAL AUTO "Property damage" to or "covered pollution (3) When that part of the work done at a job cost or expense' involving property owned or site has been put to its intended use by transported by the "insured" or in the any person or organization other than "insured's" care, custody or control. But this another contractor or subcontractor exclusion does not apply to liability assumed working on the same project. under a sidetrack agreement. Work that may need service, maintenance, 7. HANDLING OF PROPERTY correction, repair or replacement, but which "Bodily injury" or "property damage" result- is otherwise complete, will be treated as com- ing from the handling of property: pleted. a. Before it is moved from the place where it 11. POLLUTION is accepted by the "insured" for move- "Bodily injury" or "property damage" arising ment into or onto the covered "auto"; or out of the actual, alleged or threatened dis- b. After it is moved from the covered "auto" charge, dispersal, seepage, migration, re- to the place where it is finally delivered by lease or escape of "pollutants": the "insured." a. That are, or that are contained in any 8. MOVEMENT OF PROPERTY BY MECHAN- property that is: ICAL DEVICE (1) Being transported or towed by, hand- "Bodily injury" or "property damage" result- led, or handled for movement into, ing from the movement of property by a me- onto or from, the covered "auto"; chanical device (other than a hand truck) (2) Otherwise in the course of transit by unless the device is attached to the covered the "insured"; or "auto." (3) Being stored, disposed of, treated or 9. OPERATIONS processed in or upon the covered "Bodily injury" or "property damage" arising "auto"; out of the operation of any equipment listed in b. Before the "pollutants" or any property in paragraphs 6.b. and 6.c. of the definition of which the "pollutants" are contained are `mobile equipment. moved from the place where they are ac- 1.0. COMPLETED OPERATIONS cepted by the "insured" for movement "Bodily injury" or "property damage" arising into or onto the covered "auto"; or out of your work after that work has been c. After the "pollutants" or any property in completed or abandoned. which the "pollutants" are contained are moved from the covered "auto" to the In this exclusion, your work means: place where they are finally delivered, dis- a. Work or operations performed by you or posed of or abandoned by the "insured." on your behalf; and Paragraph a. above does not apply to fuels, b. Materials, parts or equipment furnished in lubricants, fluids, exhaust gases or other connection with such work or operations. similar "pollutants" that are needed for or Your work includes warranties *or repre- result from the normal electrical, hydraulic or sentations made at any time with respect to mechanical functioning of the covered "auto" the fitness, quality, durability or performance or its parts, if: of any of the items included in paragraphs a. (1) The "pollutants" escape, seep, migrate, or b. above. or are.discharged, dispersed or released Your work will be deemed completed at the directly from an "auto" part designed by earliest of the following times: its manufacturer to hold, store, receive or (1) When all of the work called for in your dispose of such "pollutants"; and contract has been completed. (2) The"bodily injury," "property damage" or (2) When all of the work to be done at the site "covered pollution cost or expense" does not arise out of the operation of any has been completed if your contract calls for work at more than one site. equipment listed in paragraphs 6.b. and Page 4 of 11 Copyright, Insurance Services Office, Inc., 1993 CA 00 01 1'2 93