01-016 Alta Transportationr ~ ~, - , ~~
ro #
Account No. 420-9118
Amount $180,000.00
AGREEMENT
THIS AGREEMENT, made and entered into this 8th day of March, 2001, by and between the CITY
OF CUPERTINO, a municipal corporation of California, hereinafter referred to as "CITY", and Alta
Transportation Consulting, Inc., a consulting firm with offices at 707 C Street, San Rafael, CA 94901,
hereinafter referred to as "CONSULTANT";
WITNES~SETH:
WHEREAS, CITY desires to retain transportation planning and traffic engineering services in
conjunction with the Union Pacific Railroad Trail Feasibility Study; and
WHEREAS, CITY desires to engage CONSULTANT to provide these services by reason of its
qualifications and experience for performing such serrices, 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 hereto agree as follows:
I. DEFINITIONS.
(a) The word "City" as used 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 designated representative.
(c) The term "City Attorney" shall mean the duly appointed City Attorney of the City of
Cupertino, California, or his designated representative:.
(d) The term "City Clerk" shall mean the duly appointed City Clerk of the City of Cupertino,
California, or 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.
2. CONSULTANT CONTRACT ADMINISTR~~TION.
(a) Cam. The City Manager shall be representative of CITY for all purposes under this
agreement. Raymond Chong hereby is designated as the CONTRACT ADMINISTRATOR for the City
Manager, and shall supervise the progress and execution of this agreement.
(b) Consultant. CONSULTANT shall assign a single PROJECT MANAGER to have overall
responsibility for the progress and execution of this al;reernent for CONSULTANT. Michael G. Jones is
hereby is designated as the PROJECT MANAGER for CONSULTANT. Should circumstances or
conditions subsequent to the execution of this 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. CONSUL~'ANT shall provide all specified services as set forth
in the following documents:
(1) CITY's "Request for Proposal (RFP) for Union Pacific Railroad Trail Feasibility
Study, dated December 11, 2000, attached by reference as Exhibit A.
(2) CONSULTANT'S "Proposal to Provide Transportation Planning and Traffic
Engineering Services for for Union Pacific Railroad Trail Feasibility Study, dated January 18, 2001,
attached by reference as Exhibit B.
(b) Laws to be Observed. CONSULTAI`1T 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 l;iwful 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, co 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.
(c) Release to Reports and Information. Any reports, information, data, or other material
given to, or prepared or assembled by CONSULTANTC 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 subconsultants, 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 ~~f notification has been sent to the CONSULTANT
from the CITY. Work will be completed by October ~l, 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 shat l reimburse the CONSULTANT on a time and expenses basis for actual
cost plus fixed fee (including labor costs, employee bf;nefits, overhead, profit, and other direct costs plus
fixed fee) incurred by the CONSULTANT in performance of the work, in an amount not to exceed
$180,000.00. Actual costs shat l 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 privatf; cars at the rate of 32 cents per mile, while traveling
away from CONSULTANT'S headquarters which is hereby designated as 707 C Street, San Rafael, CA
94901. 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 $180,000.00.
The CONSULTANT'S cost proposal is stated in the following documents:
(1) Consultant's "Cost Proposal", dated February 15, 2001, attached as Exhibit C.
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.
COST PRINCIPLES.
The Federal Acquisition Regulations in Title 48, Code of Federal Regulations (CFR) 31 are the
governing factors regarding allowable elements of co:~t.
(a) Covenant Against Contingent Fees. "Che CONSULTANT warrants that he/she has not
employed or retained any company or person, other than a bona fide employee working for the
CONSULTANT to solicit or secure this agreement, acid that he/she has not paid or agreed to pay any
company or person, other than a bona employee, any Fee, commission, percentage, brokerage fee, gift, or
any other consideration contingent upon or resulting from the award or formation of this agreement. For
breach or violation of this warranty, the CITY shall h;rve the right to annul this agreement without
liability, or at its discretion to deduct from the agreenrient price or consideration, or otherwise recover, the
full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
8. 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 S;/stems Architecture
9. DOCUMENTS.
The CONSULTANT shall document the results of the work to the satisfaction of the CITY and, if
applicable, the State and FHWA. This may include preparation of progress and final reports, plans,
specifications and estimates, or similar evidence of attainment of the agreement objectives.
(a) Ownership of Documents. The tracings, plans, specifications, and maps prepared as
instruments of professional services or obtained under the terms of the agreement be delivered to and
become the property of the CITY, and that basic surv~;y notes and sketches, charts, computations, and
other data prepared or obtained under such agreement shall be made available, upon request, to the CITY
without restriction or limitation on their use. The CONSULTANT shall not be responsible for CITY'S
modification to its instruments of professional services or for their re-use on other projects.
10. 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 may authorize extra and/or changed work.
CONSULTANT expressly recognizes that other City personnel are without authorization to either order
extra and/or changed work or waive contract requirements. Failure of CONSULTANT to secure the
Council's or City Engineer's prior written authorization for such extra and/or changed work shall
constitute a waiver of any and all right to adjustment in contract price due to such unauthorized work and
CONSULTANT thereafter shall be entitled to no compensation whatsoever for performance 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 CI"TY 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 st:~ff'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 the 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 to"rmination, 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, shall not be liable for CITY's
use of incomplete materials or for CITY's 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 FOIZ 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
CONSULTANT'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 injury 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 darr~ages 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 infor~rnation 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 177 .
(a) subconsultants, Assignment and Tralisfer. Under 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, ;snd, 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; Employees. CONSULTANT shall be responsible for employing
or engaging all persons necessary to perform the services of CONSULTANT hereunder. No
subconsultant of CONSULTANT wi 11 be recognized ley 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 th<; fulfillment of the provisions of this agreement by
all of its employees and subconsultants, if any, and sh;~ll 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 pl:~ns, specifications, estimates, and engineering data
furnished by him/her and where appropriate, indicate ]pis/her registration number.
(c) Disadvantaged Business Enterprise C~~nsiderations. 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 (49 CF;R23) 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 Bu:~iness 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:
a) A list of Caltrans' certified DBEs solicited.
b) Description of efforts to use the services of available minority community
organizations; minority contr:-cting 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 dol lar 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 iii 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 ~igreement 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 the pact of CONSULTANT to meet the requirements of
this agreement.
18. NOTICES.
All notices hereunder shall be given in writing arni mailed, postage prepaid, by certified mail,
addressed as follows:
TO CITY: Raymond Chong
Contract Administrator
City of Cupertino
103 00 Torre .Avenue
Cupertino, CA 95014
TO CONSULTANT: Michael G. Jones
Principle
Alta Transportation Consulting, Inc.
707 C Street
San Rafael, C'A 94901
19. INTEREST OF CONSULTANT.
CONSULTANT covenants that it presently h<<s no interest, and shall not acquire any interest,
direct or indirect, financial or otherwise, which would conflict in any manner or degree with the
performance of the services hereunder. CONSULTANT further covenants that, in the performance of this
agreement, no subconsultant or person having such an interest shalt 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 ~~erfonnance of the services hereunder,
CONSULTANT shall at all times be deemed 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 D
(b) Certification of Consultant, attached as Exhibit E.
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 F-1 to F-7. With the exception of
professional liability insurance, said certificates shall ne 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 Cuperti~io 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 ~~erformance 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.
24. WAIVERS.
The waiver by either party of any bre~ich or violation of any term, covenant, or condition
of this agreement or any provision, ordinance, or law ;hall 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 amp 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 reasonal•~le 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 thf; 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 discrimin~ited 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 e~~idence of a violation of contract under this
paragraph.
If CONSULTANT is found in violation of thy: 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 <<mount payable to CONSULTANT the sum of Two
Hundred Fifty Dollars ($250) for each calendar day during which CONSULTANT is found to have been in
such noncompliance as damages for said breach of co ntract, 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.
IN WITNESS WHEREOF, CITY and CONSILTANT have executed this agreement the day and
year first written above.
ATTEST:
City Clerk
APPROVED AS TO~R~Y:
CITY OF UPERTINO
ayor
Jv1~c~oe' c~d~~ ~f~~c,Pc•1
A t nsportation Consulting, Inc.
707 C Street 3 - ~(}-G1
San Rafael, CA 94901
(415) 482-8660 Telephone
Social Security Number
or
Tax Identification Number 68-046555
LIST OF EXHIBITS
Exhibit
Title:
A City's "Request for Proposal-Traffi~~ Engineering Services for Union
Pacific Railroad Trail Feasibility Stucly", dated December 11, 2000.
B Consultant's "Proposal to provide 'Craffic Engineering Services for
Union Pacific Railroad Trail Feasibility Study, dated January 15,
2001.
C Consultant's "Cost Proposal", dated I~ ebruary 15, 2001.
D Certification of Local Agency
E Certification of Consultant
F-1 Insurance Agreement
F-2 Certificate of Insurance
F-3 Endorsement of Primary Insurance
F-4 Additional Insured Endorsement
F-5 Comprehensive General Liability
Commercial General Liability
Endorsement of Aggregate Limits of [nsurance per project
F-6 Waiver of Subrogation Endorsement 'Worker's Compensation
Insurance
F-7 Notice of Policy Cancellation Endorsement
~K~. ~. R' ~,.
10300 Torre Avenue
Cupertino, CA 95014-3255
(408) 777-3354
Fax: (408) 777-3333
Department of Public Works
File No. 74,009.07
December 11, 2000
SUBJECT: REQUEST FOR PROPOSALS (RFP) FOR
TRANSPORTATION PLANNING & TRAFFIC ENGINEERING
SERVICES FOR FEASII=~ILITY STUDY OF THE UNION PACIFIC
RAILROAD TRAIL
Dear Sir or Madam:
The City of Cupertino is requesting proposals from qualified firms to provide transportation planning
and traffic engineering services for the feasibility study of the Union Pacific Railroad Trail in the
West Valley of Santa Clara County
Submittal Instructions: Interested firms must submit nine (9) copies of their proposal to: Raymond
Chong, City Traffic Engineer, City of Cupertino, 10300 Torre Avenue, Cupertino, CA 95014. The
deadline for submittal is Thursday, January 25 2001 at 2:00 p.rn. Incomplete or late submittals may
be rejected.
Project Background/Description: The Union Pacific Railroad Trail (Trail) is a proposed trail of
about 8.7 miles along existing Union Pacific Railroad trackage in the West Valley of Santa Clara
County from the Town of Los Gatos through the City of Campbell and the City of Saratoga to the
Ciry of Cupertino. The development of this Trail will offer recreational and commuting
opportunities for residents. It will link with Stevens Creek Recreational in the north and Los Gatos
Creek Trail in the south. It will interconnect with many east-west bicycle facilities and bus routes.
As a major bikeway corridor, it will parallel the W"est Valley Freeway (State Route 85).
The Trail is included as a Regional Trail Route in ,:he Santa Clara County Trails Master Plan. The
Santa Clara County General Plan identifies it as a proposed trail It is part of the Santa Clara
Countywide Bicycle Plan. The Trail is inchided in -the Santa Clara Valley Transportation Plan 2020
and part of the Bicycle Expenditure Program.
The Trail has a potential to be included as part of the Juan Bautista De Anza National Historic Trail,
a National Millennium Trail. The 1,200-mile trail commemorates the American portion of the route
followed by Spanish Commandant Juan Bautista Je Anza in 177-1776. He Ied a contingent of
soldiers and their families from Culiacan, Mexico to found a presidio and mission at the strategically
located port of San Francisco.
Exhibit A
December 1 1, 2000
Request for Proposals: Union Pacific Railroad Trail Feasibility Study
Page 2 of 8
The major stakeholder is the Llnion Pacific Railroad Company, which is the property owner of the
right of way. Other stakeholders are Hanson Permanente Cement, Pacific Gas & Electric Company,
Santa Clara Valley Water District, California Department of Transportation, National Park Service,
Santa Clara Valley Transportation Authority. County of Santa Clara, City of Campbell, City of
Cupertino, Town of Los Gatos, and City of Saratoga.
The Santa Clara Valley Transportation Authority will fund $3,400,000 ofthe total program estimate
of $9,200,000 to develop the Trail under the Santa Clara County Bicycle Expenditure Program. A
Task Force being formed under a proposed Me~rnorandum of Understanding will oversee the
Feasibility Study. The City of Campbell, City of Cupertino, Town of Los Gatos, City of Saratoga,
County of Santa Clara, and Santa Clara Valley Transportation Authority are members of the Task
Force. The City of Cupertino is the lead agency. Monthly meetings are usually held on the first
Thursday.
The Feasibility Study will study the feasibility to develop the Trail. It will identify and address
major concerns. Within the Trail corridor, there are 3 bridges, 15 street crossings, 8 creeks, and 4
culverts.
Funding/Budget: The Feasibility Study is funded by the Santa Clara County Bicycle Expenditure
Program. This includes all administration, transportation planning, and traffic engineering to
perform the Feasibility Study. The total project budget is $200,000, which includes $10,000 for the
City's Project Manager, Zumwalt Engineering Group.
Information available from the City:
The following information is attached to this RFP:
• Map
• Photographs
• Phvsical features
• Action plan
• Database of contacts
Other information that will be made available to the selected consultant include the following:
• Traffic data
• Traffic collisions data
• Physical features inventory
• Site photographs
• Aerial photographs
• Improvement plans
• General Plans
• Land use maps
December 11, 2000
Request for Proposals: Union Pacific Railroad Tr:~il Feasibility Study
Page 3 of 8
General Scope of Work: The Citygenerally defines scope of work for the project as shown below.
The consultant may propose additional work in their proposal.
Task 1 -PROJECT MANAGEMENT:
This task shall include al l the necessary activities fir the consultant to manage the project. It includes
coordination with subconsultants, utility companies, other agencies, and the City. Specific tasks
include the following:
• Prepare and update project contacts list
• Prepare and update project schedule
• Prepare monthly progress reports -including work accomplished during the past month,
work scheduled for the upcoming month, any outstanding issues that may affect schedule
and/or budget, and status of budget
• Prepare meeting agendas, meeting minutes, including action items
• Attend kick-off and monthly progress meetings with the Task Force.
The work products are project contacts list, project schedule, monthly progress reports, meeting
agendas, and meeting minutes.
Task 2 -INVENTORY:
This task shall be an inventory of resources, include data collection and resources mapping:
• property ownership -public lands, private lands, creek rights, conservation easements, utility
easements, large land holdings, street right of way
• land uses -types
• natural resources -unique landforms and features
• conflicting uses -creek crossings, at grade crossings
• historical & cultural resources -Juan Bautisa De Anza National Historic Trail, historic
landmarks, points of interest, and interpretative & educational opportunities
• major developments -neighborhoods, employment centers, downtown
• recreation -trails, greenways, parks and open spaces
• environmental features -geography, topography, water, soil type, climate, vegetation
geology, natural features, wildlife, flora
• transportation and socioeconomic data -travel patterns, biking and walking data, bikeways,
trails, greenways, employment centers. activity centers
• grade crossings and bridges
• railroad operations -current and future
• safety conditions -criminal incidents, traf~ is collisions railroad accidents
An environmental assessment is not necessary for the Feasibility Study. .
The work product is a working paper with resource maps and data.
Task 3 -ANALYSIS OF BENEFITS, NEEDS, OPPORTUNITIES AND CHALLENGES:
December 11, 2000
Request for Proposals: Union Pacific Railroad Tr~lil Feasibility Study
Page 4 of 8
This task shall include analysis of benefits and needs of the Trail. It should include environmental
assessment as an Initial Study on the Trail. It should discuss recreational and commuting
opportunities and trip reduction. It should address technical issues including trail uses (equestrian,
biking, walking) railroad safety, grade crossings, barriers, setbacks, management, liability, access,
landscaping, and permits. It should address community issues including noise, privacy, crime,
littering, maintenance, property values, and security. Each issue should be analyzed for the positive
and negative aspects. The Task Force will hold foLr community meetings to receive public input on
concerns related to the Trail. The consultant will coordinate the community meeting fomlat and
facilitate each community meetings.
The work product is a working paper on community outreach, a working paper on benefits, needs,
opportunities and challenges, and an executive summary of public input at the community meetings.
Task 4 -DEVELOPMENT OF CONCEPTUAL I:OUTE:
This task shall be development of the conceptual route after the inventory and analysis of resources
and issues. Several conceptual route alternatives should be identified. An evaluation of alternatives
with opportunities and constraints (right of way, conflicts, etc.) with typical cross sections. The Task
Force shall select the preferred alternative based on the available information.
The work product is a working paper on the conceptual route with a discussion on the preferred
conceptual route.
Task 5 -DEVELOPMENT OF UNIFORM STANDARDS
This task will develop uniform standards for the Trail that will address operation & maintenance,
access, crossings, signage, and arnenites. It should consider unique opportunities and identify users
of the Trail. The Trail should be developed in accordance with Santa Clara County's `'Uniform
Interjurisdictional Design, Use and Management Guidelines", Santa Clara Valley Transportation
Authority's "Bicycle Technical Guidelines," and Caltrans' "Highway Design Manual" and California
Public Utilities Commission "General Orders."
The work product is a working paper on uniform standards.
Task 6 -IMPLEMENTATION
This task should define actions to implement the Trail in phases over a period of time. It should
have a schedule of milestones to implement the Trail by priority. It should include apreliminary cost
estimate of costs with atransportation-funding scenario (e.g. Recreational Trails Program,
Transportation Enhancement Activities Program, parks bonds, general obligation bonds). It shall
recommend the roles and responsibilities of the kcal agencies on operation and maintenance and
discuss constraints. It shall recommend a negotiation strategy with Union Pacific Railroad Company
to acquire trail easements.
The work product is a working paper on implementation ~~ ith a schedule of milestones.
December 11, 2000
Request for Proposals: Union Pacific Railroad Tr~ril Feasibility Study
Page ~ of 8
Task 7 -REPORT
The task is to prepare a draft report for review and comment by the Task Force and a final report for
acceptance by the Task Force. Its chapters shall include: executive summary, introduction,
background, inventory, benefits and needs, conceptual route, uniform standards, implementation, and
conclusions & recommendations. Working papers should be part of the appendices. The report shall
present a preferred conceptual route and clearly address all issues. The consultant shall present the
report with staff to the City Councils of Campbell, Cupertino and Saratoga and Town Council of Los
Gatos.
The work products are the administrative draft rep~~rt, draft report and final report with appendices.
GENERAL REQUIREMENTS
Insurance and Indemnification Requirements: Luring the course of work, the following insurance
and indemnification requirements with the City as additional insured will be in force. General
minimum requirements are as follows:
• Workers compensation insurance to cover its employees ($1.0 million for each occurrence).
• Commercial general liability insurance including personal injury and property damage
insurance ($1.0 million for each occurrence and $2.0 million in aggregate).
• Automobile liability insurance ($1.0 million for each occurrence).
• Professional liability (errors and omissions) insurance ($1.0 million for each occurrence).
• Indemnification and hold harmless provisions related to the consultant's negligent acts, errors
or omissions.
Consultant shall use the City's insurance forms with the consultant agreement. Sample ones are
attached for your review. If you have any problems, state them in the technical proposal.
Consultant Agreement Requirements: A sample consultant agreement outline is for your review.
If you have any problems, state them in the technical proposal.
Business License Requirements: The consultant and their subconsultants must hold or obtain
business licenses in each City for any work within City limits.
PROPOSAL REQUIREMENTS
Technical Proposal Content: Proposals must include the following information:
December 1 1, 2000
Request for Proposals: Union Pacific Railroad Trail Feasibility Study
Page 6 of 8
1. Introduction: Introduce the proposal, including a statement of the proposer's understanding
and approach of the project. Give the name of the firm submitting the proposal, its mailing
address, telephone and faY number and the name of the contact person. Identify all proposed
subconsultants.
2. Qualifications: The following information shall be submitted for the prime consultant and all
proposed subconsultants to demonstrate thf; firms unique qualifications to perform the work:
• Brief company resume
• Resumes of key personnel to be assigned to this project
• List of similar projects (not more than 5) which best illustrate current qualifications to
perform this project
3. Work Plan: The work plan of tasks, work products and meetings shall be consistent with the
Scope of Work and include the following f;lernents:
• Name of Project Manager
• Organization chart showing the proposed relationships between all key personnel and
support assigned to the project
• Description of proposed responsibilities of each person on the organization chart
• Description of the approach and methodology to provide traffic engineering services
• Estimate of work hours by staff for each task
4. Project Schedule: The proposal shall present a comprehensive project schedule of tasks to
reflect the time frame required to complete each milestone listed in the Scope of Work. It
shall include a completion date for each milestone and identify milestones that are
interdependent. Proposal should address liow this schedule will be met. The anticipated
schedule of activities related to this project is as follows:
Milestone Date
Proposals Due January 25, 2001
Interviews February 1, 2001
Consultant Selection February 1, 2001
Final Scope/Cost February 19 2001
Council Award of Feasibility Study Contract March 5, 2001
Execute Consultant Agreement/Notice to Proceed April 3, 2001
Feasibility Study Complete October 1, 2001
Task Force Accepts Feasibility Study October 4, 2001
5. Statement: The proposal shall inchlde a statement regarding the consultant's acceptance of
the City's requirements for insurance and indemnification's, consultant agreements and
business license that are presented herein. The consultant shall clearly state any exceptions.
A principal, officer or owner of the firm wit h authority to bind the consultant, shall sign this
statement.
December 11, 2000
Request for Proposals: Union Pacific Railroad Tr~iil Feasibility Study
Page 7 of 8
Cost Proposal: The cost proposal shall cover all transportation planning and traffic engineering
services for the feasibility study. A sample one is attached for your review. The basis of payment
shall be actual cost plus a fixed fee with a stated n~iaximurn contract limit. Consultant shall submit
the cost proposal sealed in separate envelope and plainly endorsed "COST PROPOSAL". It shall
consist of the following items:
• A one page summary that lists the key items of cost with the total not to exceed the cost of
the work
• Work breakdown by task
• Identification of any unclear contract requrement and suitable resolution for it.
CONSULTANT SELECTION
Consultant Selection Process: The proposals will be evaluated and ranked by a Consultant
Selection Committee (CSC). The CSC may reject any proposal if it is non-responsive, conditional,
incomplete or contains irregularities. The CSC may waive any immaterial deviation in a proposal.
Waiver of an immaterial deviation shall in no way modify the Request for Proposals documents nor
affect recommendation for award of the contract. The criteria for selection of the consultant shall
include:
• Understanding of work
• Experience with similar kinds of work
• Quality of staff
• Capability of developing innovative or advanced techniques
• Knowledge of Local, State and Federal procedures
• Financial responsibility
The Consultant Selection Committee (CSC) will shortlist the firms. The CSC will evaluate the
proposals and rank the consultants based on the above criteria. The City will negotiate a consultant
agreement with the top-ranked consultant. If an agreement oncost cannot be reached with the first
choice, then the City will open negotiations with the next highest ranked candidate.
For any questions please call Raymond Chong, City Traffic Engineer, at 408/777-3240 or at
ravcii cupertino.or~r.
Sincerely.
Ralph A. Qualls, Jr.
Director of Public Works
December 11, 2000
ReQuest for Proposals: Union Pacific Railroad Trail Feasibility Study
Page 8 of 8
Raymond D. Chong, P.E.
City Traffic Engineer
CC: Bruce Zaeni, Zumwalt Engineering Group
Attachments: Map
Photographs
Physical Features
Action Plan
Insurance Forms
Sample Consultant Agreement Outline
Sample Cost Proposal
3. WORK PLAN AND STAFFING
Key Alta Staff
Michael G. Jones, Project Manager
Michael Jones, founder of Alta Transportation Consulting, is a recognized leader in the field of
trail planning and design. Mr. Jones has over 12 years of experience working exclusively on
bikeway and trails prof ects and has completed o~rer 70 studies. Mr. Jones has a Masters Degree in
Transportation Planning. He will provide management oversight, trail planning, RWT expertise,
and railroad negotiating expertise, working clos~:ly with staff, setting project direction and goals,
reviewing recommendations and inputting on creative solutions for the conununity and the client.
George M. Hudson, ASLA, Landscape Archiitect
George Hudson is a registered landscape architect and one of the leading trail and bikeway
designers in the Western United State. Mr. Hud:;on has worked exclusively on trail development
projects for the past 11 years. He has acquired tr,aiinght-of--ways, master planned over 200 miles
of trails, secured in excess of $10 million dollars for trail development projects, facilitated the
public process on 23 trail projects, addressed endangered species issues in conjunction with trail
development projects, successfully negotiated trail rights with railroads, and overseen $30 million
dollars of trail construction. He has worked suc cessfully on multi-disciplinary teams on several
major projects. Mr. Hudson will serve as the lead project designer, providing design concepts,
alignment options, design of all trail improvements, and management and implementation
strategies.
David Parisi, P.E., Engineering
Mr. Parisi is a registered traffic and civil engineer, with extensive experience iri the planning and
design of trails, bikeways, and other non-motori~:ed facilities. Mr. Parisi will be focusing on items
such as safety, cost estimates, crossing designs, and bikeway design standards.
Mia Birk, Trail Planner
Mia Birk is recognized as one of the leading experts in bikeway planning in the United States.
She managed the Portland Bicycle Office and d'.eveloped the City of Portland Bicycle Master
Plan. She has managed projects throughout the country. She will contribute expertise in areas
such as innovative bikeway designs and route p canning criteria. Ms. Birk has a master's
degree from Johns Hopkins University.
Exhibit B
Becky Choi, Trail Planner
Ms. Choi is a transportation planner specializing in bikeway master plans and GIS mapping.
She will be working with Alta staff on all aspects of this study. Ms. Choi formerly headed up
the City of Ft. Worth Pedestrian program, is ar. active bicyclist, and has a Master's degree
from University of Texas at Arlington.
John Ciccarelli, Bikeway Planner
Mr. Ciccarelli is a professional bikeway planner and designer representing Alta Transportation
Consulting in the South Bay Area from his office in Palo Alto. Mr. Ciccarelli managed the
bicycle program at Stanford University, and has worked on numerous bikeway plans in the
Bay Area. He has a BS from the University of Maryland.
Mark Thomas & Company, Inc.
Jana Sokale
Descriptions of staff and resumes for these two firms are provided on the following pages.
WORK PLAN
This Work Plan has been carefully crafted to follow the task items identified in the Request for
Proposals (RFP). Where appropriate, we have added tasks, products, or services that we have
found are instnunental in achieving success ors this project. Key Alta staff and their roles are
shown below. An organization chart helps define the roles of Alta and its two sub-contractors.
Following this section, a breakdown of staff hours by task is provided.
Task 1.0: Project Management
Alta staff members led by Michael Jones will provide all of the necessary services to coordinate
this project, including coordination with sub-c~~nsultants, utility companies, the Union Pacific
Railroad, the California Public Utilities Commission, Caltrans, other agencies, and the City.
Specific tasks include:
a. prepare and update project contact l;:sts
b. prepare and update project schedule
c. prepare monthly progress reports -including work accomplished during the past
month, work scheduled for the upcoming month, any outstanding issues that may
affect schedule and/or budget, and s~ratus of budget
d. prepare meeting agendas, meeting rriinutes, including action items
e. attend kick-off and monthly progress meetings with the Task Force
1.1-Organization and Scoping Meeting
One of our first orders of business will be meeting with the City of Cupertino project manager and
the Task Force (as directed). In addition, the City may wish to form a Citizen's Advisory
Committee (CAC) including members of the public, neighborhood groups, organizations, among
others, in order to provide public input into the process. The TAC would provide key
coordination and technical input into the process, while a CAC would serve as a focus group and
provide an efficient means to gather input and address special interests through the feasibility
study effort. An organization and Scoping meeting will be held with the TAC and staff to:
a. Review objectives and Purpose ~~tatement of the Study
b. Review scope of services
c. Confirm study area
d. Collect available data and presentation materials
e. Establish meeting and presentation schedule
f. Establish communication channels with other departments
g. Review and list State and Federal required elements
h. Review and list all applicable de:~ign and planning standards
i. Coordinate with local governments and agencies
8
Changes to the Scope of Work will be made (if necessary) at the conclusion of this effort, and an
amended Scope of Work and Schedule will be published.
1.2 -Develop Goals, Objectives, and Policies
We will develop consistent overall goals and objectives for the Union Pacific Railroad Trail
building on existing documents.
Goals, or future visions, will be developed oL~t of existing efforts such as those in the City of
Cupertino, General Plan Circulation Element ~~nd Santa Clara County Trails Master Plan. They
will be supplemented by bicycle, trail, and recreation goals from the other three cities plus the
County, and those developed by other agencies and special interest groups. Finally, they will be
added to, changed, and/or refined by the staff..
Ob jectives, or directions, are more specific statements under each goal or vision that define how
policies will be achieved. For example, one go~il maybe to "develop a trail that is accessible by a
wide variety of user groups." An objective under that vision may be to "Adhere to ADA
requirements for maximum gradients."
Policies and Standards will be developed out of the broader goals and objectives. Policies will
be used as a framework for the institutionaVac~.ministrative arrangement within the agency that
will manage the future trail corridor
All of these policy areas are covered in depth within this Scope of Work. Evaluation criteria that
reflect these goals, objectives, and policies will be established under a later task. Draft goals,
objectives, and policies will be submitted to the staff and affected parties for review and
comment.
Products: Projects contact list, project schedule, monthly progress reports, meeting agendas,
meeting minutes, and goals and objectives.
Task 2.0: Inventory
The Alta team is already very familiar with the corridor's physical features and surrounding land
uses and intersecting roadway network. In addition, we are aware of the relevant available data
resources identified in the RFP.
2.1-Review Information on Existing Routes and Facilities
It is our intent to manage the data collection p~~rtion of the study as efficiently as possible. The
inventory methodology is designed to quickly utilize existing resources, and focus the mapping
and inventory process on those items that are rf;quired for the feasibility analysis. The Alta team
has performed these tasks previously in Santa Clara County as part of our design work on the
9
Stephens Creek and other trail projects.
2.1.1 Mapping
The Alta Team has extensive experience both in general mapping development and in specific
preliminary design and civil engineering. The Alta team has utilized GIS and other types of
mapping on other trails master plans. Arc View GIS and AutoCAD mapping are effective
mapping tools on trail master plans because it provides both a highly effective communication
medium along with an important database for information such as property ownership and
easements.
Two types of mapping will be created for this study. Corridor strip maps will be developed
showing the right of way and potential alignments. A larger-scale series of context maps will also
be developed, including maps showing opportunities and constraints, and surrounding land uses,
connecting trails and bikeways, and activity centers.
The corridor will be mapped at a scale appropriate for review and feasibility purposes, typically at
1" = 20 feet (full size) and 1" = 40' (report size) with appropriate blow-up details and sections as
needed. Each 24" x 36" sheet will contain three strips of the corridor, meaning that there will be
approximately 24 sheets of maps. The maps will show the UPRR right of way along with
immediately adjacent properties. The maps will be created in AutoCAD using digitized aerial
photographs. Property and other information wi ll be imported or created as layers in the mapping
program. Features will be field checked and/or based on existing available topographical
information. Some limited field surveying will be conducted where topography may impact the
feasibility of the project.
A context map will also be created that clearly ~~hows the context of the UPRR Trail in the four
cities, including existing trails and bikeways, maj or activity centers, roadways and highways, and
other relevant information.
Materials to be collected, reviewed, and mapped or otherwise catalogued include:
a. Property ownership. The base mapping will employ existing. available GIS layers
showing property boundaries, supplemented by a review of existing plat maps to show
ownership, easements, street right of w~.y, and other information that will impact Trail
feasibility. Mark Thomas & Company., Inc. is the District Manager-Engineer for the
Cupertino Sanitary District and has some of the required maps already in-house. Alta has
access to the Federal data base in Washington, D.C. on the UPRR railroad property to
determine the form of title on the property. Relevant property boundaries and ownership
patterns will be included on the base mapping.
b. Land use types. General land use types (residential, commercial, etc.) will be shown as
labels on the immediately adjacent properties, based primarily on field examination but
10
also property research.
c. Natural resources. Unique natural land forms and features will be identified on the base
maps.
d. Conflicting Uses/Constraints. Creeks, utility comdors, roadways, and other constraints
and conflicting uses will be clearly mark ed on a map layer entitled "Corridor Constraints."
e. Historical and Cultural Resources. Historical landmarks, Juan Bautista De Anza
National Historic Trail, points of interest, and interpretive and educational opportunities
will be shown.
f. Major developments. Major existing and planned developments, neighborhoods,
employment centers, downtown azeas, Fund schools will be shown on the corridor maps
and the context maps.
g. Recreation. Trails, bikeways, greenwa;rs, parks, and open spaces will be shown on the
corridor and context maps.
h. Environmental features. Relevant environmental features including geography,
topography, water, soil type, climate, vegetation, geology, natural features, wildlife, and
flora will be shown graphically or in text. Material will be based on a combination of
existing available information and field review by the team.
i. Transportation and Socio-economic data. Travel patterns, biking and walking data,
bikeways, trails, greenways, employment centers, activity centers will be shown
graphically and/or in text.
j. Railroad Operations. Current UPR:R railroad operations, including number of
movements, FRA classification, future plans, speed limits, length of trains, and
commodities will be described in text.
k. Safety Conditions. Criminal and trespassing incidents will be identified on the corridor
from the past three years, along with traiTic collisions at the grade crossings and railroad
accidents. Alta has already developed this data base as part of its FHWA/FRA Rails-with-
TrailsBest Practices study.
In addition, Alta will prepare the following background information.
Summary of Current Relevant Plana. General plans, specific plans, EIRs, traffic
studies, circulation elements, zoning ordinances, bicycle, trail, and parks and recreation
plans will be reviewed for consistency and context.
2. Scenic Resources Inventory. An inventory of view sheds and other scenic resources will
be mapped as part of the opportunities ~unalysis.
Drainage. Basic drainage patterns, con:>traints, and other related items will be mapped as
needed.
4. Environmental Resources. Environmental resources, especially along the creeks, will be
identified and mapped and/or described from available sources where they represent a
constraint.
5. Traffic data. ADT and/or peak hour traffic volumes on all roadways that are crossed at-
grade will be collected and analyzed.
b. Existing Railroad Crossing Permits acid Easements. Existing UPRR crossing permits
and utility easements along the right of ~,vay will be mapped, based on a combination of
available mapping and field review.
In addition, we will collect relevant materials from adjoining trails, recreation sites and
developments to ensure good connectivity.
2.2 Review of Existing Trails, Facilities and Activity Areas
In order to supplement existing information, a Field Review will be conducted including touring
the route existing routes by bicycle, foot, car, or }possibly a Highrailer, taking field measurements,
and photographing or video taping potential alig;:iments, connections and destinations. Alta staff
is familiar with the corridor and readily available; to conduct field reviews to complete this phase
of the work.
2.3 Review Relevant Legislation, Poticies
Our team is very cognizant of all relevant legislation (local, regional, state and Federal) that nught
affect implementation of the Plan, and will surrunarize these for review. Our tearri has excellent
contacts in Washington, D.C., and locally to pr~avide the most up-to-date information possible
about pending or existing funding or design-reslated legislation. We are also involved in the
development of new legislation and design standards at the state and national level, delivering
technical papers on trail issues to the Institute o:E Transportation Engineers, American Planning
Association, and the Bicycle Federation of America.
Products: Working Paper #1: Existing C~~rridor Conditions
Task 3.0: Analysis of Needs, Benefits, Opportunities, and Challenges
3.1 Opportunities and Constraints
1:?
Based on our field research and background dat<< collection, a large-scale color opportunities and
constraints map of the corridor will be produced. This will provide a graphic means of
communicating to the general public and agency staff a common understanding of the issues to be
dealt with through the feasibility process. Items such as railroad safety, presence of
environrnentallysensftive areas, restrictive landforms, flood prone areas, steep slopes, wetlands,
crossings, erosive soils, cultural and natural resources, destination points, grade crossings,
liability, noise and privacy impacts, trespassing, crime and littering, maintenance, property values,
accessibility, existing trails and signage, and significant views which influence trail layout will be
mapped using Alta's mapping system.
Alta will supplement the constraints and opportunities maps with other communication resources,
including a slide library, reports and studies of~ similar facilities, and our own experience and
knowledge gained from working on over 100 trail projects.
3.2 Needs Assessment
We propose to complete a needs analysis of trail user: in the Union Pacific Railroad Trail to ensure that the
proposed system meets the needs of residents and visitors of all ages and abilities.
3.2.1 Survey User Groups
We intend to gain more information on the priority of trail development, preferred access and
trailhead locations, and other related information. We propose a survey that will be oriented
towards trail users and be distributed to all recre~itional groups that we anticipate will use the trail,
large employers, chamber of commerce, bike shops, neighborhood groups and other
organizations, and distributed at public workshops. We will also provide the City of Cupertino
and other cities with a copy of the survey to be; sent out to residents via electric bills or other
mailings. On the back of this survey we will h:~ve a map of the corridor and request people to
mark down the routes they most likely would u:;e.
The survey should be distributed early in the planning process. This will serve as one means by
which to notify the community of the start of the; feasibility study effort and will also provide us
with critical data such as level of support and key issues that will assist us throughout our
planning effort.
Alta will also use the city's or its own website~ to post news of the project, post surveys, and
actually post maps of the project and the feasibility study itself. This has proven extremely
effective on other projects and is an effective means of communicating with the public,
disseminating information, and collecting publi~~ comment.
3.2.2 Recreation Destinations and Needs
13
Groups such as the Bicycle Federation of Ame,~ica and National Recreation & Pazk Association
touch on the need for recreational trail facilities. Most of these standards are based on a
combination of population, density, and geogl•aphy, and must be modified to meet the unique
requirements of each community. At best, these standards set general parameters that help set
realistic goals in the amount and type of recreational trail facilities needed in the Cupertino area.
We will deliver specific quantitative inform;~tion on the existing and projected number of
recreational trail users based on our own Trail (~orridor Demand Model. This model is based on
empirical research of existing trails around the country, and is reasonably accurate at projecting
future usage.
Anticipated trail users include hikers, birders, mountain bikers, roller bladders, equestrians, and
pedestrians. Recreation users can be broken down into distinct sub-groups:
a. Short distance (senior citizens, children)
b. Exercise (loop trips, typically morning, evening, weekends)
c. Destination trips (to parks, lakes, commercial centers, museums)
d. Long distance treks
e. Events (races, tours)
Recreation needs will be evaluated and their impact on trail design and alignment studied. For
example, equestrian use will require a different trail surface than bicycles, and may require a
physical barrier.
3.2.3 Transportation Needs
The UPRR Trail will also be used for transport:~.tion purposes, including students riding to school
and employees riding to work. Alta will ev~~luate how the trail could be integrated into the
existing network of commuter bikeways. We •will explore how the trail can enhance access and
connectivity to existing transit centers and stops. Finally, Alta will project the future number of
transportation users on the trail and the related benefits in terms of reduced vehicle trips and
miles. Our Trail Demand Model is being used throughout California and has proven an effective
tool to estimate the benefits of trail and bikeway investments.
3.3 Safety Analysis
Trail safety consists of several specific items that Alta has extensive experience evaluating. First,
trail safety is a major issue at all proposed grade crossings of major and minor streets, crossings of
the railroad, as well at any bridge over waterways that maybe needed. Alta employs a standard
methodology for identifying the preferred crossing type and improvements.
Second, trail safety between multiple user groups is also important, especially those that are not
compatible (equestrians and bicycles, for example). Alta will conduct field research into site-
specific physical and operational conditions fir each alignment option.
14
Third, safety along active railroads is an important issue to be discussed. Alta has conducted
extensive national research into this subject, wi~ah the result that we have the latest data on active
rails-with-trails (RWTs) in the United States.
3.4 Citizen Participation Program & Key Meetings
The Citizen Participation Program is a critical piece to the master planning effort and is structured
to be open, interactive and dynamic with the intent of having the process build a solid citizen
support group for the project. We view all of the meetings required to complete this master
planning effort as working sessions, and as the ~Fonun by which all major decisions will be made.
Each meeting will have a specific purpose and will result with decisions or further follow up tasks
with responsible parties identified to complete the follow up.
Equally important, to successfully build consensus, everyone from the City Council level to the
local citizen, to the maintenance worker is considered part of our team. At Alta, we know how to
listen. Because we focus exclusively on trail issues, we understand the unique challenges inherent
in this project and we are able to draw from our ~~ollective experience and will discuss design and
management solutions to the issues we hear.
Alta will manage four (4) public workshops in conj unction with the Task Force to receive public
comment. We propose that one workshop be held in each of the four cities, or, as an alternative,
that the workshops be located along the length of the corridor to provide reasonable access.
Another option may be to have two (2) worksh~~ps at the existing conditions phase, and two (2)
workshops when a set of alternatives can be prevented for review and comment. Alta will provide
all of the required materials, including press release, flyers, feature articles for local papers,
agendas, maps, PowerPoint presentations, and ether items. Based on our experience managing
over 250 workshops, we have found the following agenda to be most effective.
1. Introductions. Task >E~ orce representative(s) introduce themselves, and
explaining briefly the background, history, context, and major goals of
the project.
2. Project Description. Alta staff will give a .30-minute over view
describing similar types of trails along active railroads. Alta has a
ready-made presentation that described rail trails along active railroad
around the country, and some of the key issues that are likely to be
relevant on this protect. This will be followed by a visual review
(using slides, PowerPoint) of the UPRR corridor focusing on some of
the key areas.
3. Opportunities and Constraints. Alta. staffwill discuss some of the key
opportunities and co~istraints that will drive the feasibility analysis.
This includes concerns of the public (privacy, noise, crime, vandalism,
property values), caricerns of trail users (safety, access, pavement
15
surface, linkages), concerns of the railroad (liability, safety,
maintenance), and concerns of the public agencies (cost, maintenance,
crossings).
4. Break (10 minutes)
5. Public Comment. Vde have found the single most effective means of
obtaining continents is to (a) distribute comment cards for those who
prefer to write, and (b) ask each member of the audience to express
their interests and co~lcerns. Alta will respond to specific concerns by
relating how similar problems were addressed on other projects, and
how they may be applicable to this project. Should concerns persist,
Alta staff will offer to meet individually with key people and help
address their concerns in more detail. For example, on other projects,
Alta staff have led mc;mbers of the public on a field tour of other trails
so that they can see for themselves how the neighborhood has
responded to the trail.
Site Tours
Within atwo-week timeframe after the initial public meeting, we recommend a follow up site tour
with the public. Our responsiveness to citizen concerns is critical to the success of the public
process and in building support for the project. Vie do not want to be perceived as conducting our
work behind closed doors. A quick and timely site tour will send a message back to the citizens
that we truly want to hear their concerns and work with them to find solutions. It also provides us
with an opportunity to hear and see first hand from the residents what the trail issues are. Because
of the length of the project and the anticipated concerns along the trail based upon location and
adjacent land-use conditions, this tour maybe split into two specific areas. Cupertino and other
City Staff and political leaders could join us on this tour.
Task Force Meetings
Alta team members will attend monthly Task Farce meetings over the course of the study. The
following is a standard sequence of meeting topics.
Working Session #1
Review scope and approach. Discuss technical approach, schedule for study and public meetings,
meet Task Force members and citizens advisory ~~ommittee, and review/comment on preliminary
goals, policies, and standards. A presentation an~i slide show of planning issues along the Union
Pacific Railroad Trail and in similar communities around the state and country will also be
conducted. Discuss User Needs survey.
Working Session #2
Discuss goals, policies, and standards. Review analysis of existing conditions and draft needs
analysis survey, background information, enviro~lmental conditions and other findings. Discuss
1 E~
first public meeting objectives, schedule, location, and agenda. Afield trip may be scheduled
with to observe existing facilities and other fe~itures.
Working Session # 3
Discuss results of public workshop and tour. Finalize goals, policies and standards. Identify any
new tasks based upon public input. Begin working with large-scale maps and overlays. Begin to
identify alignment options and issues. Identify activity areas, areas of deficiency, and opportunity
zones. Begin overlaying environmental concerns on project area and discussing impacts and
opportunities presented with environmental conditions. Discuss user needs analysis and findings.
Results of working session will be used to develop the system map.
Working Session #4
Review draft opportunities and constraints diagram. Review needs assessment. Discuss
preliminary trail alignment options, needs for ;railroad crossings, street crossings, destinations,
trail improvements, approach to accessibility is:~ues, surfacing, signage, and other issues. Discuss
feasibility and relative importance of various trail alignments and improvements and
managernent/rnaintenance implications of each. Afield trip may be included as part of this
session to gain a common understanding of the site-specific issues. Discuss upcoming public
workshop and graphics/plans to be presented.
Working Session #5
Review input from Public Meeting/Tours. Conjiirm direction on trail options and improvements.
Discuss schedule and presentation materials for Public Meeting. Begin refinement of final trail
alignment options and trail improvements. Begin cost estimates. Discuss interpretive
opportunities and impacts of constraints. Discu~:s environmental finding, need for environmental
enhancements.
Working Session #6
Review presentation materials for Public Meeting. Discuss draft master plan report, cost
estimates, and trail improvements. Discuss trail alignment evaluation framework options.
Establish draft master plan review period. Discuss UPRR negotiations, liability, easement, and
other related issues.
Product: Working Paper #2, benefits an d needs, opportunities and challenges, and an
executive summary of public input at community meetings.
Task 4.0: Development of Conceptual Routes
The key objective of this effort will be to develop a conceptual route(s) based on the inventory of
existing conditions, the opportunities and constraints analysis, needs analysis, and community
input. Alta will develop up to three (3) alternative trail concepts. From our past experience and
our knowledge of this corridor, it is likely that the trail will be broken down into discreet segments
with common attributes, and that optional alignments may consist of different features indifferent
17
segments of the trail. Another common method of developing alternatives is to make different
assumptions on setback from the railroad, from minimal to maximum.
4.1- Develop a Preferred Alignment
In order to review and refine potential trail routes along the Union Pacific Railroad corridor, we
propose a working session with the staff and the Task Force to set the evaluation framework for
the Union Pacific Railroad Trail. This framework generally consists of criteria such as need,
safety, available right of way, connectivity and directness, grades, barriers, multi-mode linkages,
safety and conflicts, security, and other criteria. This criteria and the relative weighting of each
item will be the subject of a Task Force meeting.
Alta has used the following criteria recently on the Shoreline Trail in Contra Costa County, which
is located within the Union Pacific Railroad m~unline right of way.
Planning Issues
a. railroad proximity
b. neighborhood privacy
c. aesthetics (for trail users)
d. functional use
e. liability for public agencies
f. need for property acquisition
g. crossings and safety
Environmental Issues
a. environmental impacts
b. permitting requirements
c. geotechnical issues
Engineering Issues
a. construction costs
b. maintenance access for trail
c. maintenance access for UPRR
d. maintenance costs for trail
e. site disturbance
Alta will develop aspreadsheet-based Decision Matrix for the Task Force to `test' various
weighting schemes, and to help identify the combination of alternatives that will form the
preferred alternative.
The preferred alternative will be shown as will two other options on the corridor plans along with
conceptual sections where needed to help illu:~trate the trail location at key locations. This
product is further discussed in Tasks 5 and 6.
1,3
Product: Working Paper #3 will show t:he conceptual routes with a discussion on the
preferred alternative and the evaluation process.
Task 5.0: Development of Uniform Sta~~dards
Alta Consulting has helped pioneer most of the guidelines and standazds used in designing rails-
with-trails projects today, and is extremely familiar with all of the other relevant design standards
and guidelines.
6.1-Design and Maintenance Standards
We will use accepted design standards for the development of the trail, and develop a
comprehensive maintenance program that includes typical maintenance costs and schedules.
Design standards and other sources for rails-vv:ith-trails include:
FHEWA/F1ZA "Best Practices" for Planning aJid Designing Rails-with-Trails
AASHTO Guide for the Development of Bicycle Facilities
Caltrans Highway Design Manual, Chapter 1000
Manual on Uniform Traffic Control Devices
Santa Clara County's "Uniform Interjurisdictional Design, Use and Management Guidelines"
VTA's "Bicycle Technical Guidelines"
California Public Utility Commission's "General Orders"
Rails-with-Trails: Design, Management, and Operating Characteristics of 61 Trails Along Active
Rail Lines (RTC)
American with Disabilities Act -Trail and Sidewalk Publications
The majority of design features on most rail-vrith-trail projects are not covered by the binding
standazds from Caltrans, CPUC, and ADA. Alta's wealth of experience planning and designing
these facilities represents the best source of designs that represent `common practice', often times
the second best method of meeting the design exception statutes. For example, Alta traffic
engineering professionals have developed an evaluation system for determining the appropriate
type of crossing treatment for trails, which has been used successfully on more than 50 projects
successfully-many of which are built and i:n use today. Specific uniform designs will be
developed in graphical and text form for the following trail items:
trail width
2. trail surface(s)
3. signing, markings, and striping
4. intersections and crossings
5. trail design speed
6. horizontal and vertical aligr-ments and clearances
7. trail structural section
19
8. trail profile
9. drainage
10. barrier posts
11. trail setback from track centerline (minimum, recommended)
12. fencing and barriers
13. grade crossings
14. grade separated crossings
15. access points
16. trail gradients
17. utilities and lighting
18. trail heads and parking
19. entrance features
20. landscaping , ,
The Alta team will also provide designs for features that will help make the trail unique and truly
a community asset. Some of these features may include way-fmding signage, interpretive signage,
trail surfacing improvements, erosion control measures, 'comfort stations,' benches, crossing
improvements at roadways, bicycle lanes on street, railroad crossing improvements, perhaps a
bridge over the river, sidewalks, and other feabires.
Other creative features may include:
Historic Markers: We will outline a series of historic markers along the trail that will highlight
the unique history of area, including the early use of the corridor by Native Americans, later
followed by the Spanish and then pioneers in thie area in covered wagons, and then the railroad.
We will highlight historic sites along the route such as early settlements along the corridor. These
markers will provide snapshots of the area's colorful events and personalities over the years.
Environmental Education: We will integrate into the trail experience interpretive opportunities
that educate and enrich the trail user experience about the delicate riparian zone along the riparian
corridors as well as its associated wildlife.
Access Points: We will provide conceptual designs of trail head improvements and access points
to the Union Pacific Railroad Trail. These arriv~il points serve as gateways to the trail and should
have a distinguished and unique character that speaks to the project. These gateways will
welcome and attract people into the trail and once there, additional amenities will be explored that
will attract people to the trail system. This may lie landscaped features, lighting, flags, or artwork.
Exercise Areas: we will identify potential exercise or 'par course' locations for the trail system.
Product: Working paper #4 on uniform. design standards.
Task 6.0: Implementation
~'0
We will work with staff and the Task Force to formulate an implementation plan that includes
details on cost, responsible agency(ies), scheduling, and appropriate funding. One of the first
items to address is how the corridor will be m~ulaged in the design, construction, and operation
phases of the cproject. One of the most common approaches is the formation of a formal Joint
Powers Authority by which the project can be developed and managed as whole rather than in
pieces. Alta will provide samples of JPA and other arrangements on at least 10 other similar
projects throughout the State for staff and the 'ask Force to review.
6.1 Ranking and Phasing of Recommendations
The recommended phasing of the project will bf; ranked according to general planning criteria and
submitted to Staff and the Task Force for review and comment. A Decision Matrix will be used
to attach weights to each criterion and determine which segments meet the highest number of
criteria listed. These criteria will consist of those listed below and others developed with staff and
the Task Force.
1. Closure of critical gap or correction of bottleneck in existing system
2. Improvement or program that serves an immediate safety need
3. Segment that will attract a high use
4. Current availability and/or suitability of right of way
5. Service to major destinations
6. Cost effectiveness
8. Integration into the existing regional trail system
9. Interface with other modes
10. Local political and community support
The recommended programs and improvements will next be evaluated according to very specific
criteria listed in funding sources such asTEA-2l.. Each source requires a different type of project
and documentation of impacts and benefits. Bec;ause of this, the selected routes or improvements
will be developed in sufficient detail to qualify for the most stringent program requirements.
We will also conduct another Field Review to crosscheck the feasibility of certain sections that
may have implementation problems.
A Phasing Plan will be developed based on the ranking outcome combined with (a) funding
availability and requirements, (b)other programmed transportation improvements, (c) eliminating
an immediate bottleneck or safety hazard, and (d) ensuring that the system grows rationally rather
than as a series of disconnected pieces over time. The Phasing Plan will recommend a ranking
(low, medium, high) to complete the entire project as quickly as possible. It may be possible to
fund and construct the trail at one time.
6.2 EasementAcquisition
21
Alta staff have led numerous negotiations with the Union Pacific railroad and other railroads for
easements or license agreements to use railroad property for public trails. Alta also uses a former
Senior Vice President of the railroad located in Omaha to assist as needed in facilitating the
negotiation process. The Union Pacific Railroad has a general policy against allowing trails on
their operating property, but they do make exceptions. Their concerns are typically related to
liability, maintenance, safety, and future needs for additional tracks. This branchline would
appear to be the type (low volume and speed;) that they might allow an easement or license
agreement for a trail. With over 65 existing si;nilar trails in the country currently and about 50
more in the planning stages, many along Union Pacific Railroad tracks, there are many examples
of precedents to follow for this project.
Alta will prepare a Summary Report specificall:,~ for Union Pacific officials to review, addressing
each of their concerns in detail. For example, we will provide a model Easement Agreement that
they have accepted elsewhere. We will also provide a detailed maintenance plan for their
operations, along with a detailed legal review c f their liability exposure with the trail. Alta will
also help identify land values should the property need to be acquired.
6.3 Cost Estimates
Using our latest cost data from recently constru~~ted trails in the Bay Area, cost estimates will be
developed. The costs will be separated between land cost (if any), site preparation, planning,
design and engineering costs, construction costs, and environmental documentation/mitigation
costs (if any). We will use the latest unit costs experienced by the local City and County Public
Works and Parks and Recreation Department; in tandem with the most recent figures from
comparable communities in California.
Maintenance Costs
Each segment will be evaluated according to an estimated cost-per-mile and estimated on-going
maintenance and operation costs by implementation phase based on comparable experiences. The
City's responsibility will also be identified, a~ will the relationship to possible funding and
specific requirements.
6.4 -Financial Strategy
Based on our successes in other locations and on similar projects, we will develop a financial
strategy designed to increase the project's chances ofreceiving competitive funding grants. The
financial plan will also identify the cost per jurisdiction along with probable local funding needs,
so that local agencies can begin programming moneys in their CIPs.
6.4.1 Funding Requirements
22
We will identify potential matching and major fiinding sources, compile criteria and requirements,
assist with completing applications, design this study to serve as an appendix to the funding
application, and relate anticipated schedule of fimding to the prioritized list of segments. Costs of
the phased improvements will be compared with funding needs, so that long term programming
for local matching funds can be accomplished.
Staffs assigned to this project have helped over twenty-six (26) cities, counties, and regions
around the United States receive funding. This funding has come from a variety of sources,
including:
a. Local public works and barks and recreation CIP budgets
b. State agencies -Land <4c Water Conservation Funds, Regional Trails
Program .
c. Federal governmentTEA.-21 (composed of eight separate funding sources)
d. Non-profit organizations
e. Corporate sponsors
f. Zoning requirements
g. Development fees
h. State Parks Trails Programs
We will explore all funding options from public; and private sources, contacting our network of
funding specialists around the U.S. to determine the availability and requirements for grants. We
will also complete two (2) funding applications as part of thi's planning effort to help implement
the system.
6.S Liability
Liability concerns are a major issue onrails-witl;-trails, both for the railroad, public agencies, and
neighbors. Potential complaints from adjacent landowners may claim that the trail or bikeway
impacts their safety and security, or exposes them to potential lawsuits on the basis of being an
`attractive nuisance.' Local agencies may need to indenuufy the railroad against any trail-user
related incident, while the railroad will be fearfizl of an increasing number of nuisance suits.
Alta will provide a full liability briefing paper that contains the latest case law on the subject, and
the opinions of the foremost experts in the country on how to manage liability on this type of
facility.
6.6 Operations and Maintenance
Alta will provide a detailed Management Plan for the trail covering operations and maintenance.
Maintenance and other operating expenses (including added policing costs) will be estimated
based on our experience and the experiences of F'ark & Recreation Departments from comparable
regions. A recommended maintenance program will be developed that identifies minimum
23
tasks and schedules including erosion control, clearing limits for firebreaks, surface repair, and
other efforts.
Specific safety and maintenance improvements will include:
Crossing Protection: Busy intersections where trail users exceeds a certain threshold may
warrant new crossing protection in the form of signals, striping, loop detectors for signals,
additional lighting, and signage.
Surface Condition: Condition of the trail surface and presence of obstructions or other hazards
such as grates, railroad tracks, potholes, should be identified and corrected as part of the regular
public works maintenance program.
User Conflicts: Shared use paths typically ~ittract a wide variety of users, from bicyclists to
joggers to equestrians. Proper design and engineering of a path will resolve most problems until
usage exceeds a certain threshold, at which point restrictions on use may have to be enforced on
allowable bike speed.
Security/Public Safety: Public Safety for ~~:he proposed system will be discussed with the
appropriate governing agency and Alta will assist with development or enhancement of existing
safety measures. Close coordination from the on set of the master planning effort with local law
enforcement is critical to the long term management strategies for the City of Cupertino.
Product: Working Paper #5 on implementation with a schedule of milestones.
Task 7.0: Report
Reports and Maps
We will submit working papers on each task as described in the Work Program. These working
papers will be assembled and submitted as a draft Report to staff and the Task Force for review
and comment. We will utilize large-scale color maps for working sessions and presentations. All
report and presentation maps will be developed in a graphical manner so that they are easy to read
and understand by staff and the general public. Status reports will be submitted with monthly
invoices.
A Draft Union Pacific Railroad Trail Feasibili~.y Study will be developed for review and comment
by staff, the Task Force, and others as directed. One camera-ready reproducible and one digital
copy (in Word) of the draft will be prepared.
A revised Final Union Pacific Railroad Trail Feasibility Study will be prepared along with an
Executive Summary, and 1 reproducible and ~~ne digital submitted. We are open to discuss the
most appropriate method of packaging the report and appendices for mass public and agency
24
distribution.
Meetings and Presentations
Our staff will manage formal monthly working sessions with staff, and the Task Force throughout
the study effort. Alta staff will also make formal presentations with staffto the City Councils of
Campbell, Cupertino, and Saratoga, and the Town Council of Los Gatos.
~' S
~.
~.
n
EXHIBIT D
CERTIFICATION OlF LOCAL AGENCY
I HEREBY CERTIFY that I am the City Traffic Engineer of the City of Cupertino, and that the
consulting firm of Alta Transportation Consulting, Inc., 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, p~;rson or organization, any fee, contribution,
donation, or consideration of any hind.
I acknowledge that this Certificate is to be m;rde available to the California Department of
Transportation (Caltrans) in connection with thi;~ agreement involving participation of Federal-
Aid Highway funds, and is subject to applicable State and Federal laws, both criminal and civil.
/~I~ Z `Lr~c` /
(Date)
(Signature)
EXHIBIT E
CERTIFICATION OF CONSULTANT
I HEREBY CERTIFY that I am the Principal and duly authorized representative of the firm of
Alta Transportation Consulting, Inc., whose address 707 C Street, San Rafael, CA 94901, and
that, except as hereby expressly stated, neither I nor the above firm that I represent have:
(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 firni, 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 rriade 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 y~nd Federal laws, both criminal and civil.
3 - r~-o I
(Date)