Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
01-017 Zumwalt Engineering Group
AGREEMENT No°~~-~`~ ~~ ~" ~t, 1 CITY OF CIJPERTINO ~ ' 10300 Torre Avenue ~ CITY ~~ ~ Cupertino, CA 95014 ~ ~ (408) 777-3200 UPE TII~ C ~ BY THIS AGREEMENT, made and entered into on the day of by and between the CITY OF CUPERTINO (Hereinafter referred to pis CITY) and Name (1) Zumwalt Engineering Group _ (2) Address 2680 Bishop Dr. , Ste. 150 City San Ramon, CA Zip 94583 Phone (925) 830-5016 (Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as follows: CONTRACTOR shall provide or furnish the following specified services and/or materials: Pro ect Mgmt Services for Stevens Creek Blvd. Advanced Traffic Mgmt System-Part I EXHIBITS: TI?e following attached exhibits hereby are made part of this Agreement: Work Plan and Cost Proposal dated Ju]_y 17, 2001 Jul 1, 2001 TERMS: The services and/or materials furnished under this Agreement shall commence on y and shall be completed before June 30, 2002 COMPENSATION: For the full performance of this Agreement, CITY" shall pay CONTRACTOR: AMOUNT NOT TO EXCEED $25,000.00 California Labor Code, Section 1771 requires the payment of prevailing wages to all workers employed on a Public Works contract in excess of $1,000.00. GENERAL TERMS AND CONDITIONS Hold Harmless: Contractor agrees to save and hold harmless the C ity, its officers, agents and employees from any and all damage and liability, including all costs of defending any claim, caused by or arising out of the performance of this Agreement. City shall not be liable for acts of Contractor in performing services described herein. Insurance: Should the City require evidence of insurability, Contractor shall file with City a Certificate of Insurance before commencing any services under this Agreement. Said Certificate shall be subject to the approval of City's Director of Administrative Services. Non-Discrimination: 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. Interest of Contractor: It is understood and agreed that this Agreement is not a contract of employment in the sense that the relationship of master and servant exists between City and undersigned. At all times, Contractor shall be deemed to be an independent contractor and Contractor is not authorized to bind the City to any contracts or other obligations in executing this agreement. Contractor certifies that no one who has or will have any financial interest undf~r this Agreement is an officer or employee of City. Changes: This Agreement shall not be assigned or transferred witY~out the written consent of the City. No changes or variations of any kind are authorized without the written consent of the City. CONTRACT CO-ORDINATOR and representative for CITY :hall be: NAME Michael Fuller DEPARTMENT Pub ; c Wnrkg This Agreement shall become effective upon its execution b~~ CITY, in witness thereof, the parties have executed this Agreement the day and year first written above. CONT ACTOR: B e Soc. Sec. # CITY OF CUPERTIN By Title ~~PyT~ Ci1y ~~IGIiVEE~ f`XaFNn~TtIRF DISTRIBUTION DA - ACCOUNT NUMBER AMOUNT ~ ~ E A c CITY ERK ~ DATE t~ r_..ia. n.,..~.r.,,e.,f 20 , White: City Clerk /~ l Green: Finance Yellow: :;ontractor ;/ rink: necervuiy u~~~• ~~~~ ZUMWALT ENGI~JEERING GROUP Civil Engineering/Project Management 2680 Bishop Drive, Suite 150 San Ramon, California 94583 Tel. (925) 830-5016 Fax (925) 830-5023 www.zeginc.com July 17, 2001 Mr. Ralph A. Qualls Director of Public Works CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014-3255 Subject: Work Plan and Cost Proposal Project Management Services for the Stevens Creek Boulevard Advanced Traffic Management System -Part I Services for the Period from July 1, 2001 through June 30, 2002 Dear Mr. Qualls: Zumwalt Engineering Group is pleased to submit a work plan and cost proposal for project management services for the subject project. Background The City has received grant funding for the subject project. The project will deploy an advanced traffic management system on Stevens Creek Boulevard as part of the Silicon Valley ITS-West Project. The plans, specifications and estimates (PS&E) For the project will be prepared by a design consultant. The City is in need of project management services to represent its interests and successfully complete the work. Based on the foregoing, we propose the following scope of work. Scope of Work Task 1-Project Management Services • Staff/Design Consultant Oversight • Review Monthly Invoices • Draft correspondence including staff reports to City Council • Attend progress meetings • Coordinate with staff and design consultant Mr. Raymond D. Chong Work Plan and Cost Proposals for Project Management Services for Stevens Creek ATMS Page 2 • Compliance with Funding Source Reimbursement Requirements • Prepare documents such as quarterly reports and invoices to meet funding requirements for reimbursements. Maintain Project File Assist the City in maintaining the project file for audit purposes. Coordinate with Outside Agencies • Coordinate with outside agencies affected by the proposed project. • Assist the City with the review and procc;ssing of procedures and agreements. • Process Right-of--Way Certificates and Encroachment Permits if required. • Prepare Requests for Authorization. Schedule It is our understanding that the agencies involved are in the process of awarding a design contract to Kimley-Horn Associates on this project as soon as Caltrans obligates funds for Preliminary Engineering. Fee We propose to accomplish the above work on a ~~ost plus fee basis, in accordance with the attached cost proposal. This amount will not be exceeded without your prior written authorization. However, this proposal covers the period of July 1, 2001 through June 30, 2002 only -additional funds will be needed to cover the period beyond July 2002. We look forward to working with the City on thf~se projects. If you should have any questions or need any additional information, please call Bruce Zaeni or myself. Very truly yours, ZUMWALT ENGINEERING GROUP A California Corporation ~ ~ ~~' James W. u wait, P.E. Principa APPROVED: Ralph A. Qualls, Jr. Director of Public Works Attachments Date: AGREEI~AENT ,~ ~~~,, ~ CITY OF CUIPERTINO 10300 Torre Avenue ~~ Cupertino, CA 95014 CITY 4f (~~'0 (408) 777-3200 CUPE~TI~ __ ~ BY THIS AGREEMENT, made and entered into on the 19th day of March , 20 O1 , by and betZ ee thJeT I~NYGOjNECr~~~RG I~~al~~reinafter referred to as C ~Y) and Name (1) AI Address 2680 BISHOP DR. STE. 150 City SAN RE~MON Zip 94583 Phone (925) 830-5016 (Hereinafter referred as CONTRACTOR), in consideration of their mul:ual covenants, the parties hereto agree as follows: CONTRACTOR shall provide or furnish the following specified services and/or materials: PROJECT MANAGEMENT SERVICES FOR FEASIBILITY STIJDY OF UNION PACIFIC RAILROD TRAIL EXHIBITS: The following attached exhibits hereby are made part of this Agreement: PROPOSAL EXHIBIT "A" TERMS: The services and/or materials furnished under this Agreement shall commence on1`'r.ARCH 19 2001 and shall be completed before MARCH 19~ 200 COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: NOT TO EXCEED $20,000.00 California Labor Code, Section 1771 requires the payment of prevailing wages to all workers employed on a Public Works contract in excess of $1,000.00. GENERAL TERMS AND CONDITIONS Hold Harmless: Contractor agrees to save and hold harmless the Ciry, its officers, agents and employees from any and all damage and liability, including all costs of defending any claim, caused by or arising out of the performance of this Agreement. City shall not be liable for acts of Contractor in performing services described herein. due to negligence, errors and omissions, Insurance: Should the City require evidence of insurability, Contractor shall file with City a Certificate of Insurance before commencing any services under this Agreement. Said Certificate shall be subject to the approval of City's Director of Administrative Services. Non-Discrimination: No discrimination shall be made in the emplo~~ment of persons under this Agreement because of the race, color, national origin, ancestry, religion or sex of such person. Interest of Contractor: It is understood and agreed that this Agreement is not a contract of employment in the sense that the relationship of master and servant exists between City and undersigned. At all times, Contractor shall be deemed to be an independent contractor and Contractor is not authorized to bind the City to any contracts or other obligations in executing this agreement. Contractor certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of City. Changes: This Agreement shall not be assigned or transferred without the written consent of the City. No changes or variations of any kind are authorized without the written consent of the City. CONTRACT CO-ORDINATOR and representative for CITY shall be: NAME RAY CHONG - DEPARTMENT PUBLIC WORKS This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this Agreement the day and year first written above. CONTRACTOR: By `~' ~ T' ~~ oc. Sec. # ~ ~ ~ ~= ~-' '~ CITY OF CUPERTINO: By ~_„'_ Title TRAFFIC ENGINEER rvrf~w~nlTl IQC r11CTRIR1ITInN APPROVALS DAT Gnr~~w..v...~.......-•-- -- ACCOUNT NUMBER - AMOUNT DEPAR N A G` ~ /~ CITY C RK DA~ Q / 420-9118 -- ~~ ~ ~Q' $20, 000' 00 ~ .............. ~/ / _ ink Receiving Gold: ~e'artment White: City Clerk ~ ~ Green: Finance ,C~~~w• ~~~~~~°~,,,, 1i~S/~~C! ) ZUMWALT ENGIf~IEERING GROUP Civil Engineering/Project Management 2680 Bishop Drive, Suite 150 San Ramon, California 94583 Tel. (925) 830-5016 Fax (925) 830-5023 www.ze;ginc.com February 21, 2001 Mr. Raymond D. Chong City Traffic Engineer CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014-3255 Subject: Proposal for Project Management Services for the Feasibility Study of the Union Pacific Railroad Trail -Revised Dear Mr. Chong: Zumwalt Engineering Group is pleased to subrriit a proposal for project management services for the subject project. Background The City has received grant funding for the subject project. The project will implement a trail along the 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 City of Cupertino. It will link with Stevens Creek Recreational Trail and Rancho San Antonio County Park in the north and Los Gatos Creek Trail an~~ Vasona Lake County Park in the south. As a major bikeway corridor, it will parallel the We:>t Valley Freeway (SR 85). A consultant will provide transportation planning and traffic engineering services for the feasibility study. The City is in need of project management services to successfully complete the work. Based on the foregoing, we propose the following scope of work: Scope of Work Task 1-Project Management Services Staff/Consultant Oversight • Review Monthly Invoices • .Draft correspondence including staff reports to City Council • Attend progress meetings • Administer consultant agreement Mr. Raymond D. Chong Proposal for Project Management Services for t;1e Feasibility Study of the Union Pacific Railroad Trail Page 2 of 2 • Coordinate with staff and consultant Compliance with Funding Source Reimbursement Requirements • Prepare documents such as quarterly reports and invoices to meet funding requirements for reimbursements Maintain Project File Assist the City in maintaining the project file for audit purposes Coordinate with Outside Agencies Coordinate with outside agencies affected by the proposed project Assist the City with the review and proa:ssing of procedures and agreements Schedule We will work with staff and the selected consultant to develop a detailed project schedule. The estimated length of the project is approximately six months. Fee We propose to accomplish the above work on tune and material basis, in accordance with the attached Municipal Staff Augmentation 2000-2Ci01 Charge Rate Fee Schedule with a budget amount of $20,000.00. This amount will not be exceeded without your prior written authorization. We look forward to working with the City on this project. If you should have any questions or need any additional information, please call Bru~~e Zaeni or myself. Very truly yours, ZUMWALT ENGINEERING GROUP A California Corporation ~~ ~~~ James W. wait, P.E. Principal CONCURRENCE: ;~ Raymond D. Chong, P.E. City Traffic Engineer Attachment ZUMWALT ENGINEERING GROUP MUNICIPAL STAF=F AUGMENTATION 2000-2001 CHARGE RATE FEE SCHEDULE The compensation of Zumwalt Engineering Group for work done will be on the basis of an hourly charge rate, plus incurred expenses and will be the sum of all the items set forth below: A. MUNICIPAL STAFF AUGMENTATION SERVICES PRINCIPAL $ 97 HR SENIOR ENGINEER 92 HR PROJECT ENGINEER/SURVEYOR 87 FIR ASSOCIATE ENGINEER 8l HR SENIOR DESIGNER 81 HR STAFF ENGINEER 70 HR FIELD REPRESENTATIVE 70 HR CAD DESIGNER 70 HR TECHNICIAN/CAD OPERATOR 52 HR CLERICAL /OFFICE SUPPORT 42 HR EFFECTIVE THROUGH JUNE 30, 2001 AND SUBJECT TO REVISION ANNUALLY B. TRANSPORTATION EXPENSES 1. Thirty-five cents (0.35) per mile for use of vehicles. A minimum of six dollars ($6.00) per hour will be charged for use of vehicles used for field inspection and supervision. C. OUTSIDE SERVICES 1. Invoice cost of services and expenses charged to :?umwalt Engineering Group by outside consultants, professional, or technical firms engaged in connection with the order, plus 15% handling charge. D. MISCELLANEOUS EXPENSES 1. Tl~e invoice cost of materials, supplies, reproduction work, and other services procured by Zumwalt Engineering Group from outside sources, plus a handling charge of I S%. All out-of-pocket expenses not included in Items A, B and C will be included in this category. . - ~.~,~' ~~~ ~'. ~~ ~CI~Y Of I / ~ CUPETINC~ WW AGREEIMEN°DBLCC WQRKB CITY OF CUPERTINO`~~' z ' I~''' 10300 Torre Avenue Cupertino, C-A 95014 (408) 777-3200 NO~~/~ ~~ BY THIS AGREEMENT, made and entered into on the day of , 20 , by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1) ZUMWALT ENGINEERING GxQUP (2) Address 2680 BISHOP DR. , STE. 150 City san r.amon Zip94583 Phone ~9~5) R~0-5016 (Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as follows: CONTRACTOR shall provide or furnish the following specified services and/or materials: PROJECT MANAGMENT SERVICES FOR LINCOLN, KENNEDY & MONTA VISTA TRAFFIC CALMING PROJECT EXHIBITS: The following attached exhibits hereby are made part of tl'~is Agreement: PROPOSAL EXHIBIT "A" TERMS: The services and/or materials furnished under this Agreement shall commence on MARCH 19, 2001 and shall be completed before MARCH 19, 2002 COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: NOT TO EXCEED $20,000.00 California Labor Code, Section 1771 requires the payment of prevailing wages to all workers employed on a Public Works contract in excess of $1,000.00. GENERAL TERMS AND CONDITIONS Hold Harmless: Contractor agrees to save and hold harmless the City, its officers, agents and employees from any and all damage and liability, including all costs of defending any claim, caused by or arisinci out of the performance of this Agreement. City shall not be liable for acts of Contractor in performing services described herein. due to negligence, errors and omissions, Insurance: Should the City require evidence of insurability, Contracto~~ shall file with City a Certificate of Insurance before commencing any services under this Agreement. Said Certificate shall be subject t~~ the approval of Ciry's Director of Administrative Services. Non-Discrimination: 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. Interest of Contractor: It is understood and agreed that this AgrE~ement is not a contract of employment in the sense that the relationship of master and servant exists between City and undersigned. At all times, Contractor shall be deemed to be an independent contractor and Contractor is not authorized to bind the City to any contracts or other obligations in executing this agreement. Contractor certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of City. Changes: This Agreement shall not be assigned or transferred without the written consent of the Ciry. No changes or variations of any kind are authorized without the written consent of the City. CONTRACT CO-ORDINATOR and representative for CITY shell be: NAME RAY CHONG DEPARTMENT pirRT.rr. WORKS This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this Agreement the day and year first written above. CONTR TOR: By 2~e!~ e Soc. Sec. # '~ ~~~(.- CITY OF CUPERTINO: By, Title TRAFFIC ENGIN ER E)CPENDITURE DISTRIBUTION EA ATE ~) `> ACCOUNT NUMBER AMOUNT ' ' ~V CI Y LERK DATE _~~~ .~ 420-9541 $20,000.00 White: City Clerk ~ Green: Finance Yellow: Contractor r/ /d ~ Pink: Receiving Gold: Department ~//~ ZUMWALT ENGINEERING GROUP Civil Engineering/Project Management 2680 Bishop Drive, Suite 150 San Ramon, California 94583 ~~~~C ~,, h , . ry Tel. (925) 830-5016 Fax (925) 830-5023 www.zeginc.com ~~C ~ November 16, 2000 `- ~ ~,!)~;f; Mr. Raymond D. Chong, P.E. City Traffic Engineer CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 Subject: Statement of Qualifications, Work. Plan and Cost Proposal -Project Management Services for the Lincoln Elementary, Kennedy Middle, and Monta Vista High Schools Traffic Calming Project Dear Mr. Chong: Please accept this letter as our letter of interest and the following information as our Statement of Qualifications for the subject project. The staff at Zumwalt Engineering Group has extensive experience in providing project management services to cities and public agencies. We are currently managing, and/or have successfully managed over 25 traffic or transportation related capital improvement projects, including numerous projects for the City of Cupertino, during the past five years. We propose to assign one of three senior project managers to the project. The three proposed senior project managers are Joe Enke, Bruce Zaeni, and myself. We propose to meet with you to discuss the actual project staffing needs of the City. Each of us are highly qualified to perform the work. Support will be provided by another professional engineer who has over 20 years of municipal experience in managing capital improvement assignments and projects as well as a qualified project management assistant. This project management-staffing plan provides the City with the breath of experience and manpower depth to effectivc;ly manage and deliver the proposed projects as programmed. It is proposed that Zumwalt E~lgineering Group will accomplish all work and no subconsultants will be required. The following Statement of Qualifications includes an organization chart, firm qualifications and work history, brief resumes of key personnel acid a list of similar projects. Also enclosed is a work plan and cost proposal. Thank you for the opp~~rtunity to submit our Statement of Qualifications on this important and challenging assignment. I look forward to discussing this project in more detail in the near future. Very truly yours, ZUMWALT ENGINEERING GROUP A California Corporation James W. Zu alt, P.E. Principal ;:' Attachments ZUMWALT ENGINEERING GROUP PROJECT ORGANIZATION CHART CITY OF CUPERTINO RAYMOND D. CHONG, P.E. PROJECT MANAGER JIM ZUMWALT, P.E. LI\ULL vHGl\l, C.G. JOE ENKE, P.E. PROFESSIONAL SUPPORT STAFF JOHN NELSON, P.E. TINA BARTUNEK KIM KRANOVICH QUALIFICATIONS AND WORK HISTORY Zumwalt Engineering Group was formed in 1992 and offers cost effective professional services ranging from civil engineering design to project management and staff augmentation. Zumwalt Engineering Group has been committed from its inception to ensure that its clients receive the quality services they need and deserve. Our professional staff of eight registered civil engineers along with technical and administrative support staff draws from its collective resources to assemble a team of professionals to meet the specific needs of our clients. Specific professional services offered by Zumwalt. Engineering Group include: • Roadway and Drainage/Utility Design • Stormwater Management and National Pollutant Discharge Elimination System (NPDES) Assistance • Site Planning and Design • Staff Augmentation associated with Gipital Improvement Programming/Management and other related assignments • City Engineering, Plan Checking and Inspection Services for Public Agencies • Disaster Assistance Programs (FEMA:) • Assistance in project feasibility studie;~ and the preparation of project presentations and grant applications • Agency Permit Processing The collective resources at Zumwalt Engineering ~3roup offers cities and public agencies qualified and experienced staff to develop solutions to capital improvement projects that are constructible within budget and schedule constraints, and minimize p~xblic inconvenience during construction. Computer-aided design and drafting are available in the form of AUTOCAD and our word processing is provided in a variety of software programs. Project Management programs including Microsoft Project and Suretrack are utilized for scheduling and project management assignments. Furthermore, those of us at Zumwalt Engineering Group are individually and totally committed to provide quality professional engineering services t o meet the needs of our clients. Zumwalt Engineering Group has recently provided or is currently providing engineering services on the following projects: • Martinez Intermodal Facility, Martinez - C urrently providing project management assistance on the $30 million transportation facility in downtown Martinez. This complicated project involves the conversion of a former railroad yard to a p~irking lot and train station. Pedestrian and bicycle facilities are being incorporated into the project along with approximately $4 million of creek restoration improvements of Alhambra Creels from the downtown area to the Carquinez Strait. QUALIFICATIONS AND WORK HISTORY Page 2 of 3 • Alhambra Creek Channel Improvement Project, Martinez - Serving as Project Manager on this $3 million creek restoration project in downto~m Martinez. Project management services include project definition and funding to design and construction. Downtown property owners approved an assessment district and FEMA Hazard Mitigation Grant Programs funds were secured. • City of Cupertino -Project Management/Engineering Services -Currently providing project management services for sixteen (16) Capital Improvement Projects totaling more than $3.9 million in project value. Work includes processing federal funding requirements, management of design consultants and subconsultants while working closely with City Staff to upgrade the City's signalization and traffic control system, freeway ramp metering and safety improvements and the design and management of several bicycle facility improvement projects. Construction is currently underway on three projects with scheduled completion dates by summer of 2000. • Capital Improvements Program, Martinez -Serving as Acting City Engineer and providing engineering staff support services to the City of 1vlartinez. Responsible for the implementation of the capital improvement projects and representing the City in the National Pollutant Discharge Elimination System (NPDES) Program. Currently providing development plan checking services and serving as project manager for three IST:EA funded roadway rehabilitation projects. Also assisted the City in obtaining FEMA and FHWA funds for the 1993, 1995, 1997 and 1998 Storm Disasters. Moreover, assisted the city staff in the conversion of the current pavement management system to the MTC Pavement Management System for their 115 road mile system and prepared annual Engineers Reports for the City's Lighting and Landscape Assessment Districts. • Crow Canyon Road Overlay Project and San Ramon Valley Boulevard Overlay, San Ramon - Concurrently providing project development and engineering design services as well as agency processing and subconsultant coordination on these $1.3 million combined value, federally funded projects, scheduled for construction in 2000. Project limits on Crow Canyon Road extend from the Alameda/Contra Costa County Line to Bollir.~ger Canyon Road and include improvements to enhance channelization and traffic flow through the intersection of Crow Canyon Road and Bollinger Canyon Road. Project limits on San R'.amon Valley Boulevard extend from Fostoria Way to the Town of Danville limits. • Alhambra Avenue (Downtown) Paving Project, Martinez -This TEA-21 funded project is now in the construction phase and is scheduled for completion in 2000. Alhambra Avenue is a major corridor that runs through the heart of Martinez,. The design of this project was expedited so that it can be bid this construction season and concurrent with funding authorization. This project encompasses approximately 5,000 linear feet and has a construction value of approximately $750,000. • Alamo Canal Bike Path Project, Dublin -This; bike path extends from Amador Valley Boulevard to the Alamo Creek Trail Junction Bridge, as part of completing the Iron Horse Trail from the Dublin/San Ramon City limits to the Dublin/PleasantonBRRT Station. Work performed includes QUALIFICATIONS AND WORK HISTORY Page 3 of 3 supplemental field surveys, base map preparation, utility mapping, confirmation of design concept, preparation of PS&E as well as subconsultant coordination and agency coordination. This $250,000 project is scheduled for construction in 2000. Iron Horse Trail, Dublin -Prepared plans, specifications, and estimates for this $350,000 trail project from the northern City limits to Amador Valley Boulevard. This project was constructed in 1999 and is now open for use by the public. Lafayette Circle Rehabilitation Project, Lafayette -This downtown pavement rehabilitation project was completed in 1998 and extended from Mt. Diablo Boulevard to Hough Avenue. This $150,000 project had a length of 1,000 linear feet and involved significant coordination with utility companies and a land joining private development. JAMES W. ZUMWALT Principal / Projiect Manager Registration: Civil Engineer -California C32371 Civil Engineer -Alaska C5360 Education: 1977/B.S./Civil Engineering University of California Berkeley, California 1982-1984 Graduate Program Engineering and Science Management University of Alask<< Anchorage, Alaska Experience: Municipal Management Street and Site Drainage Design Public Works Projects Stormwater Management Plans Mr. Zumwalt has more than 20 years experience in all phases of civil engineering with major emphasis in public works projects and municipal management assignments. Current or recent responsibilities include serving as Acting City Engineer for the City of Martinez, Project Manager on the $2.0 million Alhambra Creek Ch;~nnel Improvement Project, Program Manager for the City of Martinez NPDES Program, Engineer of Work on six Landscape and Lighting Assessment Districts, Project Manager on the City of San Ramon $1.3 million Alcosta Boulevard Reconstruction Project and the Athan Downs Park Renovation. Jim has also served as Project Manager fora 2,000 linear foot Underground Utilities District through the core area of Lafayette. Other project responsibilities include subdivision plan checking, annual paving and drainage repair projects for the City of Martinez, assistance on the Midpeninsula Regional Open Space District Disaster Assistance Projects in Los Altos <<nd miscellaneous drainage studies for the City of Dublin. Other public works or site rehabilitation projects completed under the direction of Mr. Zumwalt include the ISTEA and HES funded Crow Canyon Road Rehabilitation Project in San Ramon, the Dublin Boulevard Extension in Dublin, the City of San Ramon Corporation Yard, the 825- space Colma Park and Ride Facility for the San 1~lateo County Transit District (SamTrans), the 500-space parking lot and pavement/utility rehabilitation project for Kaiser Hospital in Santa Clara and the Engineering Excellence award winning one-mile Sharp Park Road reconstruction project in Pacifica. Jim Zumwalt also served as Program Manager for over 22 million dollars in capital improvements involving street, drainage and park improvements for the municipality of Anchorage, Alaska. Furthermore, Mr. Zumwalt v~ras responsible for the design of 2.5 miles of urban street improvements in the City of Skagway, Alaska and served on the design team for a 30-mile state-of--the-art water and sewer rehabilitation and extension project in Nome, Alaska. JOSEPH C. ENKE Project Manager/Surveyor Registration: Civil Engineer -California C49027 Land Surveyor -California L7169 Education: 1982/B.S./Civil Engineering California Stag University Chico, California Experience: Street and Drainage Design Capital Improvement Project Management Land and Boundary Surveys Subdivision Maps and Plan Checking Municipal Engineering Construction Inspection Mr. Enke has over 18 years experience including the management and design of capital improvement projects, the design and review of residential and commercial developments, boundary and topographic surveys and inspection ofpublic works improvements. Current or recent assignments include serving as project manager for the City of San Ramon Crow Canyon Road and San Ramon Valley Boulevard Overlay Projects, the City of Lafayette Street Light and Underground Improvement ors Mt. Diablo Boulevard, the City of Martinez ISTEA/TSM funded $3.1 million Pacheco Boulevard Project, the ISTEA/TFCA funded $].9 million Alhambra Avenue (North) Project, and the TEA-21 funded $750,000 Alhambra Avenue (Downtown) Project, as well as the City of Cupertino ISTEA/TFCA funded $750,000 De Anza and Stevens Creek: Boulevard Arterial Management Project. Additionally, Mr. Enke has extensive experience in implementing disaster assistance projects and other capital improvement progr:gym assignments involving budget control, procurement and management of design consultants and preparation of bid documents. Joe has also been involved with subdivision Flan checking of final maps, parcel maps, grading and improvement plans for the cities of Martinez, Antioch, Clayton, Dublin and Pleasant Hill. Prior work includes providing design and construction surveys to local municipalities as well as the preparation of improvement plans for proposed residential and commercial developments. Joe is the Project Manager of various Capital Improvement Projects including several federally and state funded projects for the City of Cupertino. Other recent project responsibilities include th~~ preparation of plans, specifications and estimates for the City of Martinez 1995-96 Miscellaneous Improvements Project, 1996-97 Paving Project, Pine Street Paving Project, thc; Community Development Block Grant Program, the Pacheco Boulevard Water Main Replacement Project, both in Martinez, and the Weeks Road Reconstruction Project in Woodside. TINA BA:RTUNEK Project Managf~ment Assistant Education: B.S. Bic-logical Sciences, 1995 University of Central Florida Orlando, Florida Experience: Traffic Engineering Studies Environmental Monitoring and Permitting Ms. Bartunek has over five years experience vrorking in traffic engineering studies and environmental permit procurement and monitoring. Current assignments include processing federally funded transportation projects for the City of Cupertino while working with City Staff and various consultants for the design and construction phases of these CIP projects. In addition to agency processing requirements, Tina is involved in the prep~iration and delivery of specifications and construction estimates for the federally funded roadway rehabilitation projects for the City of San Ramon. Tina also works with the City of Martinez staff with NPDES program assistance and implementation of NPDES Best Management Practices (BMPs). Recent responsibilities have also included permit application prepar;~tion for projects in the City of Martinez located along Alhambra Creek including the Intermodal Facility, Marina Vista silt removal and bank excavation and the Alh~imbra Creek at Alhambra Avenue bank stabilization. Other assignments include assisting the City of Dublin with the processing of development applications. Tina worked for a civil engineering firm in Orlando, Florida for over three years where she provided technical assistance on numerous ongoing projects. She was involved in performing traffic and safety studies for arteri;~l and conceptual design projects and was responsible for handling environmental issue: including permitting, drainage data and storm water pollution prevention compliance. Tina also worked for the St. Johns River Water Management District in Orlando where she performed environmental monitoring for environmental protection including enfor~:ement of erosion control, turbidity and sedimentation standards for development, wetl~md mitigation site review and monitoring and working with the public and other agencies in performing wetland delineation and determining permitting requirements. JOHN S. NELSON Project 1E;ngineer Registration: Civil Engineer -California C26323 Traffic Engineer -California T648 Education: 1968/B.S./Civil Engineering Cornell University, New York 1983/M.S./Business Administration California State University Hayward, California Experience: Disaster Assistance Programs Traffic Engineering National Pollutant Discharge Elimination System (NPDES ) Development Plan Checking Mr. Nelson has over 25 years experience iri municipal engineering, with a primary focus in development plan checking., NPDES program assistance and implementation, disaster assistance programs and traffic engineering. Recent responsibilities include serving as City of Martinez staff in the implementation of NPDES Best Management Practices (BMPs) and Disaster Assistance Programs such as the Federal Emergency Management t~.gency (FEMA) and Federal Highway Administration (FHWA). John also played:r major part in drafting grant applications for flood control and water quality grants along with other grant programs including the Safe Routes to School. Prior to joining Zumwalt Engineering Grout,, John spent over 20 years with the City of San Leandro Engineering Division. During his tenure at San Leandro, John acquired extensive experience in development plan checking, traffic engineering, municipal code updates and revisions as well as management of miscellaneous City projects. LIST OF SIMILAR PROJECTS Zumwalt Engineering Group has successfully completed or is working on the following similar projects: Homestead Road Arterial Management Project - Cit o~Cupertino Project management of $100,000 signal upgrade and interconnect project. Funding includes HES monies. 2. DeAnza Boulevard/Saich Way Traffic Si nal Project -City of Cupertino Project management of $200,000 traffic signal installation project. Funding includes HES monies. 3. DeAnza Blvd/Stevens Creek Boulevard Artetrial Management Project -City of Cupertino Project management of a $725,000 traffic system management project. Funding includes RTSOP, STIP, TSM, and TFCA monies. 4. Homestead Road and Tantau Ave Corridors Traffic Signal Upgrade and Homestead Road Arterial Management Phase II -City of Cupertino Project management of the combined $220,000 traffic signal upgrade and system management projects as well as the design of the traffic signal upgrade project. Funding includes HES and TFCA monies. 5. Alamo Canal Bike Path Project and Iron Horse Trail Project -City of Dublin Project management and design of $250,000 bike path design project as a continuation of the $350,000 Iron Horse Trail pedestrian/bike tr~~il project. 6. South Stelling Bike Lane and Miller Avenue Bicycle Facility Improvement Projects Cit~of Cupertino Project management of the combined $425,000 bike lane design project with traffic signal upgrades. 7. Pacheco Boulevard Improvements Project City of Martinez Project management of $3.1 million roadway widening/rehabilitation and utility undergrounding project. Project also incorporated sewer and water main replacement projects. Funding included ISTEA, TSM, PG&E Rule 20A and Local Measure C monies. 8. Alhambra Avenue North Improvements Proi ct -City of Martinez Project management of $1.9 million roadway rehabilitation and traffic signal project. Funding includes ISTEA and TFCA monies. 9. City-Wide Traffic Si nal Synchronization Proiect and the Pacheco Boulevard Traffic Si nal Synchronization Project -City of Martinez Project management of two traffic signal synchronization projects. Funding was TFCA monies. Work Plan, Dated November 10, 2000 Project Management Services for the Lincoln Elementary, Kennedy Middle and Monta Vista High Schools Traffic Calming Project Background The City has received federal grant funding from the Safe Routes to School Program for the subject project. The purpose of the project is to apply a comprehensive and integrated approach to reduce the potential for student injuries and fatalities. The plans, specifications and estimates (PS&E) for the project will be prepared by a consultant. The City is in need of project management services to successfully complete the work. Based on the foregoing, we propose the following scope of work. Scope of Work Task 1-Project Management Services • Staff/Design Consultant Oversight • Review Monthly Invoices • Draft correspondence including staff reports to City Council • Attend progress meetings • Administer consultant agreement • Coordinate with staff and design consultant. • Compliance with Funding Source Reimbursement Requirements • Prepare documents such as quarterly report:; and invoices to meet funding requirements for reimbursements. • Maintain Project File • Assist the City in maintaining the project file for audit purposes. Coordinate with Outside Agencies • Coordinate with outside agencies affected by the proposed project. • Assist the City with the review and processing of procedures and agreements. • Process Right-of--Way Certificates and Encroachment Permits if required. • Prepare Requests for Authorization. Schedule It is our understanding that the City is prepared to work on this project as soon as Caltrans obligates funds for Preliminary Engineering. Obligation of funds is expected by the end of the year. It is anticipated that the projects will be completed within the next twelve months. We will work with staff and the selected design consultant to develop a detailed project schedule. Fee We propose to accomplish the above work on a cost plus fee basis, in accordance with the attached cost proposals. These amounts will not be exceeded without your prior written authorization. COST PROPOSAL, DATED NOVEMBER 10, 2000 PROJECT MANAG>=;MENT SERVICES LINCOLN, KENNEDY AND MONTA VISTA SCHOOLS TRAFFIC CALMING PROJECT LABOR Project Manager Project Staff Total Labor TOTAL $ 4,500.00 $ 2,275.00 *Average Rate, Actual Rate will vary depending on personnel assigned INDIRECT COSTS Overhead Rate: 160% FEE (Profit @ 10%) DIRECT COSTS UNITS RATE Auto Mileage 1500 0.35 Photocopies Actual Bridge Toll/Parking Actual HOURS RATE* 30 45.00 34 25.00 Total Overhead SUBTOTAL TOTAL 525.00 48.50 50.00 $ 6,775.00 $ 10.840.00 $ 17,615.00 $ 1,761.50 Total Direct Costs $ 623.50 TOTAL COST $ 20,000.00 ni 0!~ P. O. # CONTRACT AMOUNT $ 158,889.00 ACCOUNT NO. AGREEMENT THIS AGREEMENT, made and entered into this /~'-" day of ~,/~aN~~~-Y , 2001, by and between the CITY OF CUPERTINO, a muni~~ipal corporation of California, hereinafter referred to as "CITY", and Zumwalt Engineering Group, a consulting firm with offices at 2680 Bishop Drive, Suite 150, San Ramon, CA 94583, hereinafter referred to as "CONSULTANT"; WITNESSETH: WHEREAS, CITY desires to retain traffic engineering services in conjunction with the San Tomas Aquino-Saratoga Creek Trail Bicycle Facility Improvements Project; and WHEREAS, CITY desires to engage CONS~JLTANT 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 hereto agree as follows: 1. DEFINITIONS. (a) The word "City" as used in this agreement shall mean and include all the territory lying within the municipal boundaries of the Cite 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 th~~ duly appointed City Clerk of the City of Cupertino, California, or her designated represe~ltative. (e) The term "FHWA" shall mean the Federal Highway Administration. (f) The term "State" shall mean the State of California Department of Transportation. 2. PROJECT COORDINATION. (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 progres:~ and execution of this agreement. (b) CONSULTANT. CONSULTANT shell assign a single PROJECT MANAGER to have overall responsibility for the progress and execution of this agreement for CONSULTANT. Bruce Zaeni hereby is designated as the PROJEC'C 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. CONSULTANT shall provide all specified services as set forth below in the following documents: (1) CITY's "Request for Proposal for Engineering Services for the San Tomas Aquino-Saratoga Creek Trail Bicycle Facility Improvements Project in the City of Cupertino" dated February 10, 2000, and attached as Exhibit A. (2) CONSULTANT's "Revised Proposal to Provide Engineering Services for the San Tomas Aquino-Saratoga Creek Trail Bicycle Facility Improvements Project", dated December 21, 2000, attached as Exhibit B. (b) Laws to be Observed. CONSULTAT"T shall: (1) Procure all permits and licensf;s, 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 gill 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 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, drawing, specifications, or provisions of this agreement. ,, (c) Release of Reports and Information. ~~ny reports, information, data, or other 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 subconsultants, if any, 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 CO]YIPLETION. CONSULTANT shall being work after letter of notification has been sent to the CONSULTANT from the CITY. Work will be completed by December 30, 2001, with remaining services to be performed during constriction period. PAYMENTS. The basis of payment for the services provided by the CONSULTANT under this agreement shall be computed as cost plus fixed 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 $158,889.00. 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 34.5 cents per mile, while traveling away from CON;iULTANT's headquarters which is hereby designated as at 2680 Bishop Drive, Suite 150, Spin Ramon, CA. 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 $158,889.00. The CONSULTANT'S cost proposal is stated in the following documents: (1) Consultant's "Cost Proposal", dated December 21, 2000, attached as Exhibit B. 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. 7. COST PRINCIPLES. The Federal Acquisition Regulations in Title 48, Code of Federal Regulations (CFR) 31 are the governing factors regarding allowable elements of cost. (a) Covenant Against Contingent Fees. The 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, and 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 ~~ny other consideration contingent upon or resulting from the award or formation of this agreement. For breach or violation of this warranty, the CITY shall have the right to annul this agreement without liability, or at its discretion to deduct from the agreement 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 Transport~ition Communications for ITS Protocol (4) National Intelligent Transportation Systems 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 or obtained under the terms of the agreement be delivered to and become the property of the CITY, and that basic survey 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. However, any use beyond that intended by the Agreement shall be at no liabilit~~ to CONSULTANT. 10. CHANGES IN WORK. All changes and/or extra work shall be pE:rformed 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 4 authorization for such extra and/or changed wort; 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 i.'or 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 areement and constitutes extra work, he shall promptly notify the CITY of the fact. The CITE' 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 suppleme~ital 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 f;xtension 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 ~ZOt 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. 12. TERMINATION OR ABANDOI`1MENT. (a) Right to Suspend or Terminate. Either party may suspend or terminate this agreement for any reason by giving thirty (~~0) 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 unfav~~rable 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. Upori such suspension or termination, CONSULTANT shall turn over to the City Mansrger immediately any and all copies of studies, sketches, drawings, computations, and other dat~i, 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 teams 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 to the extent 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, however caused, excepting, hov~~ever, 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. (d) The CONSULTANT is not responsible for the accuracy of data from any other sources or from conclusions rea~:hed as a result of utilizing information supplied by third persons. (e) The CITY agrees ~:o 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. fi 15. GENERAL COMPLIANCE WITIH LAWS AND WAGE RATES. The CONSULTANT shall comply with all Federal, State, and local laws and ordinances applicable to the work. This include:; compliance with prevailing wage rates and their payment in accordance with California Lab~~r Code, Section 1775. (a) Subconsultants, Assignment and Transfer. 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 exceedi~ig $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 pa~~y, 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. An}~ 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 arty interest herein shall not be assignable by operation of law without the prior written conse~it of the other party. (2) Subconsultants; Em lp oyees. CONSULTANT shall be responsible for employing or engaging all perso~ls 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/enginee:r shall sign all plans, specifications, estimates, and engineering data furnished by him/her and ~Nhere appropriate, indicate his/her registration number. (c) Disadvantaged Business E',nterprise Considerations. CONSULTANT has given consideration to DBE firms as specified iii 23 CFR 172.5(e) and has met requirements in the provisions of Title 49, Part 23, Code of Federal Regulations (49 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 Dis;~dvantaged Business Enterprises (DBEs) have the opportunity to participate in federally-funded, transportation projects. The agency has established a goal of 0% 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 u:~e 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 a~ntact, and information they provided. c) Identification of the portions of the work to be performed by DBEs, including type of work anti 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 CI~CY 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 ADr/IINISTRATOR's inspection and approval. The inspection of such work shall not relieve Ct~NSULTANT 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 a~°e called for under this agreement, on the basis of difference in matters of judgment shall not be: construed as a failure on the 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 (thong Contract Administrator City of Cu~~ertino 10300 Torre Avenue Cupertino, CA 95014 .3 TO CONSULTANT: Bruce Zaeni. Project Manager Zumwalt Engineering Group 2680 Bishop Drive, Suite 150 San Ramon, CA 94583 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 the performance of the services hereunder. CONSULTANT further covenants that, in the performance of this agreerent, no subconsultant or person having such an interest shall 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 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 C. (b) Certification of Consultant:, attached as Exhibit D. 21. INSURANCE. CONSULTANT, at its sole cost rind 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 CONSULTAIT, but also (with the exception of professional liability, 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 tr~is agreement attached as Exhibit E-1 to E-7. With the exception of professional liability insurance, said certificates shall 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. S' 22. WORKERS' COMPENSATION. CONSULTANT certifies that it is aware of the provisions of the Labor Code of the State of California which require every empl~~yer 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 v~ith 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. 24. WAIVERS. 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 Practic~:s 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 CONSULT~,NT the sum of Twenty-five Dollars ($25.00) for each person for each calendar day during wr~ich 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. 10 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 7'wo Hundred Fifty Dollars ($250.00) 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 enti~~e 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 b;~ the laws of the State of California. IN WITNESS WHEREOF, CITY and CONSULTANT have executed this agreement the day and year first written above. ATTEST: CITY OF UPERTINO City Clerk ayor APPR ED AS O FORM: ity Attorney Zumwalt Engineering Group Consultant ame ~'' ~ 2~t %l~„G(J 2680 Bishop Drive, Suite 150 Address San Ramon, CA 94583 City, State, ZIP (925) 830-5016 Telephone Social Security Number or Tax Identification Number 68-0413260 11 LIST OF EXHIBITS Exhibit Title: A City's "Request for Proposal-Traffic Engineering Services for San Tomas Aquino-Saratoga Creek Trail Bicycle Facility Improvements Project in the City of Cupertino", dated February 10, 2000. Consultant's "Proposal to Provide: Traffic Engineering Services for San Tomas Aquino-Saratoga Creek Trail Bicycle Facility Improvements Project" , dated December 21, 2000. B Consultant's "Work Plan", dated December 21, 2000. B Consultant's "Cost Proposal", dated December 21, 2000. C Certification of Local Agency D Certification of Consultant E-1 Insurance Agreement E-2 Certificate of Insurance E-3 Endorsement of Primary Insurance; E-4 Additional Insured Endorsement E-5 Comprehensive General Liability Commercial General Liability Endorsement of Aggregate Limits of Insurance per project E-6 Waiver of Subrogation Endorsement Worker's Compensation Insurance E-7 Notice of Policy Cancellation End~~rsement 12 EXHIBIT C CERTIFICATION OIL LOCAL AGENCY I HEREBY CERTIFY that I am the of the City of Cupertino, and that the consulting firm of Zurnwalt Engineering Group or its representative has not been required (except as herein expressly stated), directly or indirectly, as an express or implied condition in connection with obtainin€; or carrying out this agreement to: (a) employ, retain, agree to employ oar retain, any firm or person; or (b) pay or agree to pay, to any firm, I-erson or organization, any fee, contribution, donation, or consideration of any l~ind. 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 ~itate and Federal laws, both criminal and civil. (Date) (Signature) 13 EXHIBIT D CERTIFICATION C)F CONSULTANT I HEREBY CERTIFY that I am the ~'~~ ~ ,and duly authorized representative of the firm of Zumwalt Engineering Group, whose address is 2680 Bishop Drive, Suite 150, San Ramon, CA 94583, and that, except as hereby expressly stated, neither I nor the above firm that I represent have: (a) employed or retained for a commi;~sion, 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 a~ndition 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 th.e 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 ~~vailable 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. 2 Z D/ (Date) 4~/d ~j Signature) 14 -- [~ V1~1WAL'i1V1711 CERTIFICATE OF LIABIILITY INSURANCE DATE (MM/DD/YY) 02/05/01 PRODUCER Dealey, Renton & Associates THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P . O . BOX 12 6 7 5 Attn • S FK HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Oakland CA 94604 2675 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. , - 510 465-3090 INSURERS AFFORDING COVERAGE INSURED Zumwalt Engineerin Grou INSURERA:LumbermenS Mutual Casualty Co. g p A i ' 2680 Bishop Drive Suite 150 ,NSURERB: mer can Automob D , San Ramon CA 94583 INSURERC:General Ins. Co. o e ~ , INSURER D: INSURER E: - ° - . rnvrownrc THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSUI3ED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWffHSTANDING . ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOI;UMENT WIfH 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, t7CCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TR TYPEOFINSURANCE POLICY NUMBER POL.ICYEFFECTIVE POLICY EXPIRATION LIMITS A GENERAL LIABILITY 7RD65980901 0.~/11/U1 02/11/02 EACH OCCURRENCE $1 QQQ 000 X COMMERCIAL GENERAL LIABILITY FIREDAMAGE(Anyonefire $3QQ Q00 CLAIMS MADE OCCUR r MED EXP (Any one person) $ j Q Q Q PE RSONALBADVINJURY 31 OOO OOO GENERALA GOREGATE $2 QQQ QQQ GEN'LAGGREGATELIMITAPPLIESPER: PRO- PRODUCTS-COMP/OPAOO $2 OOO OOO POLICY X LOC A AU TOMOBILE LIABILITY 7RD65980901 02/11/01 02/11/02 ANY AUTO COMBINED SINGLE LIMIT (Eaaccldent) $1, Q00, 000 ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) $ X HIRED AUTOS X NON-OWNED AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAOELIABILITY AUTO ONLY-EA ACCIDENT $ ANYAUTO EAACC OTHER THAN $ AUTO ONLY: qGG $ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR ~ CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ B WORKERS COMPENSATION AND WZP80852109 07/01/00 07/01/01 ' X wCSTATU- 0TH EMPLOYERS LIABILITY E.L. EACH ACCIDENT $1 OOO OOO E.L.DISEASE-EAEMPLOYE $1 OOO OOO C OTHER professional CM7850939B 02/01/01 02/01/02 E.L. DISEASE-POLICYLIMI S1 OOO 000 $1 000 000 er claim iability , , p $1,000,000 annl aggr. 5 000 Ded. @ Claim DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS All operations of the Named Insured Additional Insured endorsement attached Project: South Stelling Rd. Bike Lane Project CFRTICI!"ATC Ynl nER V .._..__-._.._._. .___ ____._ City of Cupertino City Hall Attn: Raymond Chong City Traffic Director; 10300 Torre Ave. Cupertino, CA 95014-3255 SIiOU LD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCE LLED BEFORE THE EXPIRATION DATE THEREOF,THEISSUINGINSURERWILLENDEAVORTOMAIL3n DAYSWRITTEN Ni7TICETOTHE CERTIFlCATE HOLDERNAMEDTOTHELEFT, BUTFAILURE TODOSOSHALL IhIPOSE NO OBLIGATION OR LIABILITYOFANYKIND UPONTHE INSURER,ITSAGENTSOR ,TLS ACORD 25-s p/9~~1 of 1 #M55024 ~~ ~_ ~~ ~ ~-.,~«...- ~ $ ©ACORD CORPORATION 1988 RESOLUTIOly NO. O 1-023 A RESOLUTION OF THE CITY COUIJCIL OF THE CITY OF CUPERTINO AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO AWARD AND EXECUTE A DESIGN CONTRACT TO PREPARE PLANS, SPECIFICATIONS AND ESTIMATES FOR THE SAN TOMAS AQUINO-SARATOGA CREEK TRAIL BICYCLE FACILITY IMPROVEMENTS PROJECT WHEREAS, the City is undertaking construction of the San Tomas Aquino-Saratoga Creek Trail Bicycle Facility Improvements Project, ~~hich is a portion of the San Tomas Aquino- Saratoga Creek Trail from Pruneridge Avenue to Tantau Avenue and Barnhart Avenue; and WHEREAS, this project includes extensive features such as a paved path and associated landscaping and irrigation system along Sarat~~ga Creek, a bicycle pedestrian bridge over Saratoga Creek, traffic stripes, pavement markings, roadside signs, bike loop detectors, island modifications and associated hardware; and WHEREAS, it necessary to award a design contract to prepare plans, specifications and estimates for this project. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cupertino hereby authorizes the Director of Public Works to award and execute said design contract. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 16`h day of January, 2001, by the following vote: Vote Members of the C~ Council AYES: Burnett, Chang, James, Lowenthal NOES: None ABSENT: None ABSTAIN: None ATTEST: APPF:OVED: /s/Kimberly Smith /s/Sandra James City Clerk Mayor, City of Cupertino ~. .~~~~ CITY pF CUPE~TIN -._ AGREE'~MENT CITY OF CIJPERTINO ~ 10300 Torre Avenue ~>, , ~~~~~ i Cupertino, CA 95014 ~~ ` ~-- (408) 777-3200 NO. ~~ ~~ of-u(~ BY THIS AGREEMENT, made and entered into on the 9th day of January by and between the CITY OF CUPERTINO ((Hereinafter referred to as CITY) and Name (1) ZUWALT ENGINEERING GROUP (2) Address 2680 BISHOP DR. , STE. 150 City SAN RAMON Zip 94583 Phone (925) (Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as follows: CONTRACTOR shall provide or furnish the following specified services and/or materials: 830-5023 PROJECT MGMT. SVCS. FOR: STEELING, BUBB, PRUN.ERIDGE, & WOLFE TRAFFIC SIGNALS UPGRADE EXHIBITS: The following attached exhibits hereby are made part of this Agreement: PROPOSAL EXHIBIT "A" TERMS: The services and/or materials furnished under this Agreement shall commence on JANUARY 9, 2001 and shall be completed before JANUARY 9, 2002 COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: SHALL NOT EXCEED $28,500 California Labor Code, Section 1771 requires the payment of prevailing wages to all workers employed on a Public Works contract in excess of $1,000.00. GENERAL TERMS AND CONDITIONS Hold Harmless: Contractor agrees to save and hold harmless the City, its officers, agents and employees from any and all damage and liability, including all costs of defending any claim, caused by or arisir~g out of the performance of this Agreement. City shall not be liable for acts of Contractor in performing services described herein.due to negligence, errors and omissions, Insurance: Should the City require evidence of insurability, Contractor shall file with City a Certificate of Insurance before commencing any services under this Agreement. Said Certificate shall be subject to the approval of City's Director of Administrative Services. Non-Discrimination: No discrimination shall be made in the employment of persons under this Agreement because of the race, color, national origin, ancestry, religion or sex of such person. Interest of Contractor: It is understood and agreed that this Agreement is not a contract of employment in the sense that the relationship of master and servant exists between City and undersigned. At all times, Contractor shall be deemed to be an independent contractor and Contractor is not authorized to bind the City to any contracts or other obligations in executing this agreement. Contractor certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of City. Changes: This Agreement shall not be assigned or transferred without the written consent of the City. No changes or variations of any kind are authorized without the written consent of the City. CONTRACT CO-ORDINATOR and representative for CITY sh;~ll be: NAME ~pfD CA®rfC _ DEPARTMENT _gg$I,~C Wg~S This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this Agreement the day and year first written above. CONTR TOR: By b ~`~ /~~e~ Soc. Sec. # ~ ~~' ~ ~~ APPROVALS CITY OF CUPERTINO: By Title TRAFFI . ~FN -.TN ..R ~y~~~ EXPENDITURE DISTRIBUTIO DERAB~IgEN A L~ /~1 L ~ DATE~ ~~ `~ L ACCOUNT NUMBER AMOUNT E ~ CITY CAL K DATTE _ ~ 20 Ol , White: City Clerk Green: Finance Yellow: Contractor Pink: Receiving ' Gold: Department EXHIBIT 'A' ZUMWALT ENGINE=EKING GROUP Civil Engineering/Project Management 2680 Bishop Drive, Suite 150 :>an Ramon, California 94583 Tel. (925) 830-5016 Fax (925) 830-5023 www.zegiric.com November 16, 2000 Mr. Raymond D. Chong . 9,fyE_1t~'~ City Traffic Engineer ~" `' ' ~~ CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014-3255 Subject: Work Plan and Cost Proposals Project Management Services for Transportation Projects Dear Mr. Chong: Zumwalt Engineering Group is pleased to submit a work plan and cost proposal for project management services for the following projects: 1. Stelling Road Corridor Traffic Signals Upgrade 2. Bubb Road Corridor Traffic Signals Upgr;~de 3. Pruneridge Avenue Corridor Traffic Sign~~ls Upgrade 4. Wolfe Road at Pruneridge Avenue Traffic Signals Upgrade Background The City has received federal grant funding for th.e subject projects. The projects will install safety improvements at the various project locations. The plans, specifications and estimates (PS&E) fir each of these projects will be combined into one PS&E package and will be prepared by a consultant. The City is in need of project management services to successfully complete the work. Based on the foregoing, we propose the followin;; scope of work. Scope of Work Task 1-Project Management Services • Staff/Design Consultant Oversight • Review Monthly Invoices • Draft correspondence including staff reports to City Council • Attend progress meetings • Administer consultant agreement • Coordinate with staff and design consult;~nt. COST PROPOSAL, DATED NOVEMBER 10, 2000 PROJECT MANAGEMENT SERVICES STEELING RO~~D CORRIDOR TRAFFIC SIGNALS 1JPGRADE PROJECT LABOR Project Manager Project Staff HOURS 40 30 RATE* 45.00 25.00 TOTAL $ 1,800.00 $ 750.00 $ 2,550.00 Total Labor *Average Rate, Actual Rate will vary depending on personnel assigned INDIRECT COSTS Overhead Rate: 160% Total Overhead $ 4,080.00 SUBTOTAL $ 6,630.00 FEE (Profit @ 10%) $ 663.00 DIRECT COSTS UNITS RATE TOTAL Auto Mileage 1500 0.35 525.00 Photocopies Actual 82.00 Bridge Toll/Parking Actual 100.00 Total Direct Costs $ 707.00 TOTAL COST $ 8,000.00 COST PROPOSAL, DATI?D NOVEMBER 10, 2000 PROJECT MANAGEMENT SERVICES BUBB ROAD CORRIDOR TRAFFIC SIGNALS iJPGRADE PROJECT LABOR Project Manager Project Staff HOURS 30 10 RATE* TOTAL $ 1,350.00 $ 250.00 $ 1,600.00 45.00 25.00 Total Labor *Average Rate, Actual Rate will vary depending on personnel assigned INDIRECT COSTS Overhead Rate: 160% Total Overhead $ 2,560.00 SUBTOTAL $ 4,160.00 FEE (Profit @ 10%) $ 416.00 DIRECT COSTS UNITS RATE TOTAL Auto Mileage 1000 0.35 350.00 Photocopies Actual 50.00 Bridge Toll/Parking Actual 24.00 Total Direct Costs $ 424.00 TOTAL COST $ 5,000.00 COST PROPOSAL, DAT1='sD NOVEMBER 10, 2000 PROJECT MANAGI?MENT SERVICES PRUNERIDGE AVENUE CORRIDOR TRAFFIC SIGNALS UPGRADE PROJECT LABOR Project Manager Project Staff HOURS 40 30 RATE* 45.00 25.00 TOTAL $ 1,800.00 $ 750.00 $ 2,550.00 Total Labor *Average Rate, Actual Rate will vary depending on personnel assigned INDIRECT COSTS Overhead Rate: 160% Total Overhead $ 4,080.00 SUBTOTAL $ 6,630.00 FEE (Profit @ 10%) $ 663.00 DIRECT COSTS UNITS RATE TOTAL Auto Mileage 1500 0.35 525.00 Photocopies Actual 82.00 Bridge Toll/Parking Actual 100.00 Total Direct Costs $ 707.00 TOTAL COST $ 8,000.00 COST PROPOSAL, DATED NOVEMBER 10, 2000 PROJECT MANAGI?MENT SERVICES WOLFE ROAD AT PRIJNERIDGE AVENUE TRAFFIC SIGNALS L~PGRADE PROJECT LABOR Project Manager Project Staff HOURS 30 34 RATE* 45.00 25.00 TOTAL $ 1,350.00 $ 850.00 $ 2,200.00 Total Labor *Average Rate, Actual Rate will vary depending c-n personnel assigned INDIRECT COSTS Overhead Rate: 160% Total Overhead $ 3,520.00 SUBTOTAL $ 5,720.00 FEE (Profit @ 10%) $ 572.00 DIRECT COSTS UNITS RATE TOTAL Auto Mileage 2000 0.35 700.00 Photocopies Actual 408.00 Bridge Toll/Parking Actual 100.00 Total Direct Costs $ 1,208.00 TOTAL COST $ 7,500.00 Mr. Raymond D. Chong Work Plan and Cost Proposals for Project Management Services for Transportation Projects Page 2 • Compliance with Funding Source Reimbursement Requirements • Prepare documents such as quarterly reports and invoices to meet funding requirements for reimbursements. • Maintain Project File • Assist the City in maintaining the project file for audit purposes. Coordinate with Outside Agencies • Coordinate with outside agencies affected. by the proposed project. • Assist the City with the review and proce;~sing of procedures and agreements. • Process Right-of--Way Certificates and Encroachment Permits if required. • Prepare Requests for Authorization. Schedule It is our understanding that the City is prepared to work on these projects as soon as Caltrans obligates funds for Preliminary Engineering. Obligation of funds is expected by the end of the year. It is anticipated that the projects will be completed within the next twelve months. We will work with staff and the selected design consultant to develop a detailed project schedule. Fee We propose to accomplish the above work on a cost plus fee basis, in accordance with the attached cost proposals. As requested, a separates cost proposal is included for each project. These amounts will not be exceeded without your prior written authorization. We look forward to working with the City on these projects. If you should have any questions or need any additional information, please call Joe ]~nke or myself. Very truly yours, ZUMWALT ENGINEERING GROUP A California Corporation ~~l(l~~~ ~~~~ l ~ James W. " waft, P.E. Principal Attachments /a~'~~v~'~~ ~r-~~ AGREEMENT ~, ++~'' CITY OF CIJPERTINO ,---~" ,. ~ ° 10300 Torre Avenue C1T~' Of ''~ ~ ~~ upertino, CA 95014 (408) 777-3200 CUPE TI~I l~ ~ ~ ~~ ~~-o(~- BY THIS AGREEMENT, made and entered into on the 9th day of ,Tam,ar~ , 2001 , by and between the CITY OF CUPERTINO Hereinafter referred to 2.s CITY) and Name (1) ZUMWALT ENGINEERING GRt~UP _ (2) Address 2680 BISHOP DR.. STE 150 City ~_RAMON Zip 94583 Phone (925) 830-,016 (Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as follows: CONTRACTOR shall provide or furnish the following specified services and/or materials: PROJECT MANAGEMENT TECHNICAL ASSISTEINCE EXHIBITS: The following attached exhibits hereby are made part of this Agreement: EXHIBIT "A" PROPOSAL TERMS: The services and/or materials furnished under this AgreemE~nt shall commence on JAN TARV 1 7, 2001 and shall be completed before .TANriARV 1 7, 2002 COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: SHALL NOT EXCEED $10,000 California Labor Code, Section 1771 requires the payment of prevailing wages to all workers employed on a Public Works contract in excess of $1,000.00. GENERAL TERMS AND CONDITIONS Hold Harmless: Contractor agrees to save and hold harmless the City, its officers, agents and employees from any and all damage and liability, including all costs of defending any claim, caused by or arising out of the performance of this Agreement. City shall not be liable for acts of Contractor in performing services described here!Riue to negligence, errors and omissions, Insurance: Should the City require evidence of insurability, Contractor shall file with City a Certificate of Insurance before commencing any services under this Agreement. Said Certificate shall be subject to the approval of City's Director of Administrative Services. Non-Discrimination: No discrimination shall be made in the employ~~nent of persons under this Agreement because of the race, color, national origin, ancestry, religion or sex of such person. Interest of Contractor: It is understood and agreed that this Agreement is not a contract of employment in the sense that the relationship of master and servant exists between City and undersigrnad. At all times, Contractor shall be deemed to be an independent contractor and Contractor is not authorized to bind the City to any contracts or other obligations in executing this agreement. Contractor certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of City. Changes: This Agreement shall not be assigned or transferred without the written consent of the Ciry. No changes or variations of any kind are authorized without the written consent of the City. CONTRACT CO-ORDINATOR and representative for CITY sh;~Il be: NAME RAYMOND CHONG _ DEPARTMENT PUBLIC WORt;s This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this Agreement the day and year first written above. CONTRACTOR: By ~ 7 a f ~. -..~-~ Title Sr, fro rrc~~' l~wt~-e~~r' Soc. Sec. # 44 APPROVALS CITY OF CUPERTINO: BY Title TRAFFIC ENGINEER E:KPENDITURE DIST IBUT O DE ART T HF,irD / Y.~ ` / ~ / / DATEl ~ ~ ACCOUNT NUMBER AMOUNT , + ` ~ (/.L (~( C, l ~t (.~ ~, CITY CL K DATE '~-yyl,~2~~~ ~'` l -Z 3 -C?/ -' i 110-8601-7014 $10,000 White: City Clerk ~ Green: Finance Yellow: Contractor Pink: Receiving Gold: Department EXHIBIT A ~ ~ C~~ f L~ ZUMWALT ENGIf~IEERING GROUP Civil Engineering/Project Management 2680 Bishop Drive, Suite 150 San Ramon, California 94583 Tel. (925) 830-5016 Fax (925) 830-5023 www.zeginc.com January 8, 2001 Mr. Raymond D. Chong City Traffic Engineer CITY OF CUPERTINO Department of Public Works 10300 Torre Avenue Cupertino, California 95014-3255 Subject: Project Management Technical Assistance - ZEG Job #121-OS-03 Dear Mr. Chong: Please accept this letter as our proposal to provide additional Project Management Technical Assistance for the City of Cupertino. Zumwalt Engineering Group offers the City the following project management related services: • Roadway and Drainage/IJtility Design • Staff Augmentation • Plan Checking • Project Presentation and grant applic~ition processing • Agency Permit Processing • Project Development We have performed project management services on an as-needed basis in the most recent past and are prepared to continue these services in accordance with the attached Municipal Staff Augmentation 2000-2001 Charge Rate Fee Schedule, with an additional budget amount of $10,000.00. Please let me know if you have any questions or desire further information. Thank you the opportunity to be of continued service to the Ci~:y. Very truly yours, ZUMWALT ENGINEERING GROUP A California Corporation ~~~ ~ r' James W. waft, P.E. Principal CONCURRENCE: /~~ Raymond D. Chong, P.E. City Traffic Engineer Attachment ZUMWALT ENGIIVEERING GROUP MUNICIPAL STAFFF AUGMENTATION 2000-2001 CHARGE RATE FEE SCHEDULE The compensation of Zumwalt Engineering Group for work done will be on the basis of an hourly charge rate, plus incurred expenses and will be the sum of all the iterns set forth below: A. MUNICIPAL STAFF AUGMENTATION SERVICES PRINCIPAL $ 97 1~R SENIOR ENGINEER 92 HR PROJECT ENGINEER/SURVEYOR 87 HR ASSOCIATE ENGINEER 81 HR SENIOR DESIGNER 81 HR STAFF ENGINEER 70 HR FIELD REPRESENTATIVE 70 HR CAD DESIGNER 70 HR TECHNICIAN/CAD OPERATOR 52 HR .CLERICAL /OFFICE SUPPORT 42 HR EFFECTIVE THROUGH JUNE 30, 2001 AND SUE~JECT TO REVISION ANNUALLY B. TRANSPORTATION EXPENSES 1. Thirty-five cents (0.35) per mile for use of vehicles. A minimum of six dollars ($6.00) per hour will be charged for use of vehicles used for field inspection and supervision. C. OUTSIDE SERVICES 1. Invoice cost of services and expenses charged to Zumwalt Engineering Group by outside consultants, professional, or technical firms engaged in connection with the order, plus 15% handling charge. D. MISCELLANEOUS EXPENSES 1. The invoice cost of materials, supplies, reproducl:ion work, and other services procured by Zumwalt Engineering Group from outside sources, plus a Dandling charge of 15%. All out-of-pocket expenses not included in Items A, B and C will be included in this category. M~( 11~ ~ / Jam' `~ J CITY OF _ CI~PE~TI)fl AGREEMENT CITY OF CIJPERTINO 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3200 1 ~ O BY THIS AGREEMENT, made and entered into on the 9th day of January , 20 Ql_, by and between the CITY OF CUPERTINO Hereinafter referred to as CITY) and Name (1)ZUMWALT ENGINEERING GRU~P (2) Address2680 BISHOP DR.. STE. 150 City SAN ]?AMON Zip 94583 PhoneO 830-5023 (Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as follows: CONTRACTOR shall provide or furnish the following specified servic~ss and/or materials: PROJECT MANAGEMENT SERVICES FOR FOOTHILL BOULI~yARD BICYCLE FACILITY IMPROVEMENTS EXHIBITS: The following attached exhibits hereby are made part of this Agreement: EXHIBIT "A" PROPOSAL TERMS: The services and/or m JANUARY I lOd 2002this Agreement shall commence on JArdUAP.Y 10-, 2(lOt and shall be completed before COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: NOT TO EXCEED $12,500 California Labor Code, Section 1771 requires the payment of prevailing wages to all workers employed on a Public Works contract in excess of $1,000.00. GENERAL TERMS AND CONDITIONS Hold Harmless: Contractor agrees to save and hold harmless the City, its officers, agents and employees from any and all damage and liability, including all costs of defending any claim, caused by or arising out of the performance of this Agreement. City shall not be liable for acts of Contractor in performing services described herein. due to negligence, errors and omissions, Insurance: Should the City require evidence of insurability, Contractor shall file with City a Certificate of Insurance before commencing any services under this Agreement. Said Certificate shall be subject to the approval of City's Director of Administrative Services. Non-Discrimination: 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. Interest of Contractor: It is understood and agreed that this Agreement is not a contract of employment in the sense that the relationship of master and servant exists between City and undersigned. At all times, Contractor shall be deemed to be an independent contractor and Contractor is not authorized to bind the City to any contracts or other obligations in executing this agreement. Contractor certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of City. Changes: This Agreement shall not be assigned or transferred without the written consent of the City. No changes or variations of any kind are authorized without the written consent of the City. CONTRACT CO-ORDINATOR and representative for CITY sh;~ll be: NAME RAYMOND CHONG DEPARTMENT PUBLIC WORKS This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this Agreement the day and year first written above. CONTRACTOR: By ~ ~ ~ 2' Soc. Sec. # -' ~~ / ~~: (} APPROVALS CITY OF CUPERTI By ,,. Title TRAFFIC ENGINEER EXPENDITURE DISTRIBUTION D P E F~D j ~ ~ ~ DATE/ ~~ g ACCOUNT NUMBER AMOUNT ( t I G `/l T CITY C~~L~~K DA E White: City Clerk ~ Green: Finance Yellow: Cortractor ~"~,'~ Pink: Receiving Gold: Department EXHIBIT A ZUMWALT ENGII~JEERING GROUP Civil Engineering/Project Management 2680 Bishop Drive, Suite 150 San Ramon, California 94583 Tel. (925) 830-5016 Fax (925) 830-5023 vvww.zeciinc.com November 14, 2000 Mr. Raymond D. Chong City Traffic Engineer CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014-3255 Subject: Work Plan and Cost Proposal Project Management Services for the Foothill Boulevard Bicycle Facility Improvements Dear Mr. Chong: Zumwalt Engineering Group is pleased to submit: a work plan and cost proposal for project management services for the subject project. Background The City has received grant funding for the subject project. The project will install bike lanes on Foothill Boulevard between Stevens Creek Boulesvard and McClellan Road. The plans, specifications and estimates (PS&E) fir this project will be prepared by a consultant. The City is in need of project management services to successfully complete the work. Based on the foregoing, we propose the following; scope of work. Scope of Work Task 1-Project Management Services Staff/Design Consultant Oversight • Review Monthly Invoices • Draft correspondence including staff reports to City Council • Attend progress meetings • Administer consultant agreement • Coordinate with staff and design consultant. Compliance with Funding Source Reimbursement Requirements • Prepare documents such as quarterly reports and invoices to meet funding requirements for reimbursements. Mr. Raymond D. Chong Work Plan and Cost Proposals for Project Mana€;ement Services for Foothill Boulevard Page 2 • Maintain Project File • Assist the City in maintaining the project file for audit purposes. Coordinate with Outside Agencies • Coordinate with outside agencies affected by the proposed project. • Assist the City with the review and proce:>sing of procedures and agreements. • Process Right-of--Way Certificates and Encroachment Permits if required. • Prepare Requests for Authorization. Schedule It is our understanding that the City is prepared to work on this project immediately. It is anticipated that the projects will be completed within the next twelve months. We will work with staff and the selected design consultant to develop a detailed project schedule. Fee We propose to accomplish the above work on a cost plus fee basis, in accordance with the attached cost proposal. This amount will not be exceeded without your prior written authorization. We look forward to working with the City on these projects. If you should have any questions or need any additional information, please call Joe Enke or myself. Very truly yours, ZUMWALT ENGINEERING GROUP A California Corporation ~~ James W. Z ' alt, P.E. Principal Attachments 2 COST PROPOSAL, DATED NOVEMBER 10, 2000 PROJECT MANAGI?MENT SERVICES FOOTHILL BOULEVARD BICYCLE FACILITY IMPROVEMENTS LABOR Project Manager Project Staff Total Labor TOTAL $ 2,700.00 $ 1,500.00 $ 4,200.00 *Average Rate, Actual Rate will vary depending on personnel assigned INDIRECT COSTS Overhead Rate: 160% FEE (Profit @ 10%) DIRECT COSTS UNITS RATE Auto Mileage 1000 0.35 Photocopies Actual Bridge Toll/Parking Actual HOURS RATE* 60 45.00 60 25.00 Total Overhead SUBTOTAL TOTAL 350.00 88.00 50.00 $ 6,720.00 $10,920.00 $ 1,092.00 Total Direct Costs $ 488.00 TOTAL COST $ 12,500.00 AGREEMENT ~~~ t ,~ CITY OF CIJPERTINO 10300 Torre Avenue CIiY p~ ti , ~ Cupertino, CA 95014 ~? ~ '~' ~ ~ ~~ ~~ (408) 777-3200 BY THIS AGREEMENT, made and entered into on the 27th by and between the CITY OF CUPERTINO (Hereinafter referred to pis CITY) and Name(1)ZUMWALT ENGINEERING GROUP _ (2) Address 2680 BISHOP DR. , STE. 150 City SAN RAMON Zip 94583 Phone (925) 830-5016 (Hereinafter referred as CONTRACTOR), in consideration of their mlatual covenants, the parties hereto agree as follows: CONTRACTOR shall rovide or furnish the following specified services and/or materials: PROJECT MANAGE)~NT SERVICES FOR FEASIBILITY STUDY OF MARY AVE. BIKE FOOTBRIDGE EXHIBITS: The following attached exhibits hereby are made part of this Agreement: PROPOSAL EXHIBIT "A" 2001 TERMS: The services and/or materials furnished under this Agreement shall commence on MARCH 19, and shall be completed before MARCH 19, 2002 COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: NOT TO EXCEED $20,000.00 California Labor Code, Section 1771 requires the payment of prevailing wages to all workers employed on a Public Works contract in excess of $1,000.00. GENERAL TERMS AND CONDITIONS Hold Harmless: Contractor agrees to save and hold harmless the City, its officers, agents and employees from any and all damage and liability, including all costs of defending any claim, caused by or arising out of the performance of this Agreement. City shall not be liable for acts of Contractor in performing services"described herE~in. due to negligence, errors and omissions, Insurance: Should the City require evidence of insurability, Contractor shall file with City a Certificate of Insurance before commencing any services under this Agreement. Said Certificate shall be subject to the approval of City's Director of Administrative Services. Non-Discrimination: No discrimination shall be made in the emplo~~ment of persons under this Agreement because of the race, color, national origin, ancestry, religion or sex of such person. Interest of Contractor: It is understood and agreed that this Agreement is not a contract of employment in the sense that the relationship of master and servant exists between City and undersigned. At all times, Contractor shall be deemed to be an independent contractor and Contractor is not authorized to bind the Ciry to any contracts or other obligations in executing this agreement. Contractor certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of City. Changes: This Agreement shall not be assigned or transferred without the written consent of the City. No changes or variations of any kind are authorized without the written consent of the City. CONTRACT CO-ORDINATOR and representative for CITY shall be: NAME RRAAY CHONG b~-~~~ No.---- day of March , 20 O1 , DEPARTMENT PUBLIC WORKS This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this Agreement the day and year first written above. CON~ACTOR: ~~ ~~ "" itle P9~ APPROVALS .9 (CITY OF CUPERTINO: 13y title TRAFFTC FN(,TN$F$ I.XPENDITURE DISTRIBUTION H AD TE~J ~ ~ ACCOUNT NUMBER AMOUNT ,~ r CITY ERK DA E -Z -Q ' 270-9449 4` v 20 000.00 White: City Clerk / Green: Finance Yel~~ Contractor ,~ Pink: Receiving Gold: Department ZUMWALT ENGIP~IEERING GROUP Civil Engineering/Project Management 2680 Bishop Drive, Suite 150 San Ramon, California 94583 Tel. (925) 830-5016 Fax (925) 830-5023 www.zeginc.com March 1, 2001 Mr. Raymond D. Chong City Traffic Engineer CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014-3255 Subject: Proposal for Project Management Services for the Feasibility Study of the Mary Avenue Bicycle Footbridge -Revised Dear Mr. Chong: Zumwalt Engineering Group is pleased to submit a proposal for project management services for the subject project. Background The City has received grant funding for the subject project. The project is a proposed bicycle footbridge on Mary Avenue over Interstate Route 280. The project will provide a bicycle and pedestrian connection between the cities of Cupertino and Sunnyvale in a bikeway corridor on Mary Avenue between Homestead Road and Stevens Creek Boulevard. It will link up with DeAnza College on the south. The project will include gateways, paths, bridge and landscaping. A consultant will provide transportation planning and civil engineering services for the feasibility study. The City is in need of project management services to successfully complete the work. Based on the foregoing, we propose the followin€; scope of work: Scope of Work Task 1-Project Management Services Staff/Consultant Oversight • Review Monthly Invoices • Draft correspondence including staff reports to City Council • Attend progress meetings • Administer consultant agreement • Coordinate with staff and consultant Mr. Raymond D. Chong Proposal for Project Management Services for the Feasibility Study of the Mary Avenue Bicycle Footbridge Page 2 of 2 • Compliance with Funding Source Reimbursement Requirements • Prepare documents such as quarterly reports and invoices to meet funding requirements for reimbursements Maintain Project File Assist the City in maintaining the project file for audit purposes Coordinate with Outside Agencies Coordinate with outside agencies affected by the proposed project Assist the City with the review and processing of procedures and agreements Schedule We will work with staff and the selected consultant to develop a detailed project schedule. The estimated length of this project is approximately six months. Fec We propose to accomplish the above work on time and material basis, in accordance with the attached Municipal Staff Augmentation 2000-2001 Charge Rate Fee Schedule with a budget amount of $20,000.00. This amount will not be e:tceeded without your prior written authorization. We look forward to working with the City on this project. If you should have any questions or need any additional information, please call Bruce Zaeni or myself. Very truly yours, ZUMWALT ENGINEERING GROUP A California Corpora ion James W. Zumwalt, P.E. Principal CONCURRENCE: Raymond D. Chong, P.E. City Traffic Engineer Attachment ZUMWALT ENGI~JEERING GROUP MUNICIPAL STAFF= AUGMENTATION 2000-2001 CHARGE RATE FEE SCHEDULE The compensation of Zumwalt Engineering Group for work done will be on the basis of an hourly charge rate, plus incurred expenses and will be the sum of all the items set forth below: A. MUNICIPAL STAFF AUGMENTATION SERVICES PRINCIPAL $ 97 HR SENIOR ENGINEER 92 HR PROJECT ENGINEER/SURVEYOR 87 HR ASSOCIATE ENGINEER 81 HR SENIOR DESIGNER 81 HR STAFF ENGINEER 70 HR FIELD REPRESENTATIVE 70 H.2 CAD DESIGNER 70 HR TECHNICIAN/CAD OPERATOR 52 Hlt CLERICAL /OFFICE SUPPORT 42 HIZ EFFECTIVE THROUGH JUNE 30, 2001 AND SUBJECT TO REVISION ANNUALLY B. TRANSPORTATION EXPENSES 1. Thirty-five cents (0.35) per mile for use ofvel~icles. A minimum of six dollars ($6.00) per hour will be charged for use of vehicles used for field inspection and supervision. C. OUTSIDE SERVICES 1. Invoice cost of services and expenses charged to Zumwalt Engineering Group by outside consultants, professional, or technical firms engaged in connection with the order, plus 15% handling charge. D. MISCELLANEOUS EXPENSES I . Tl~e invoice cost of materials, supplies, reproduction work, and other services procured by Zumwalt Engineering Group from outside sources, plus a handling charge of 15%. All out-of-pocket expenses not included in Items A, B and C will be included ire this category.