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01-024 DKS Associates1 D . A Y P O.# ®7/% CONTRACT AMOUNT S 389,790.59 ACCOUNT NO. 2 ,. t7 l -7a AGREE'.MENT 1 3 ` THIS AGREEMENT, made and entered into th.is 64-4day of /1'114 Y '2001: by and between the 1 CITY OF CUPERTINO, a municipal corporation of California, hereinafter referred to as "CITY ", and DKS Associates, a consulting firm with offices at 1956 Webster Street, Suite 300, Oakland, CA 94612 -2931, hereinafter referred to as "CONSULTANT "; WITNESSETH; WHEREAS, CITY desires to retain traffic engineering services in conjunction with Cupertino Interchanges Ramp Meter Arterial Traffic Signal I'nterc;onnect Project; and WHEREAS, CITY desires to engage CONSULTANT to provide these services by reason of its qualifications and experience for performing such services, and CONSULTANT has offered to provide the required services on the terms and in the manner set forth herein; NOW, THEREFORE, in consideration of their, mutual covenants, the parties hereto agree as follows: DEFINITIONS. (a) The word "City' as used in this agreement shall mean and include all the territory lying within the municipal boundaries of the City of Cupertino, California, as presently existing, plus all territory which may be added thereto during the term of this agreement by annexation or otherwise. (b) The tern "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 tern "City Clerk" shall mean the duly appointed City Clerk of the City of Cupertino, California, or her designated representative. (e) The tern "FHWA" shall mean the Federal Highway Administration. (f) The term "State" shall mean the State of California Department of Transportation. 2. CONSULTANT CONTRACT ADMINISTRATION. (a) City. The City Manager shall be representative of CITY for all purposes under this agreement. Raymond Chong hereby is designated as the CONTRACT ADMINISTRATOR for the City Manager, and shall supervise the progress and execution of this agreement. (b) Consultant. CONSULTANT shall assign: a single PROJECT MANAGER to have overall responsibility for the progress and execution of this agreement for CONSULTANT. Kevin Aguigui is hereby is designated as the PROJECT MANAGER for CONSULTANT. Should circumstances or conditions ti C z subsequent to the execution of this agreement require a substitute PROJECT MANAGER for any reason, the PROJECT MANAGER designee shall be subject to thi> prior written acceptance and approval of the CONTRACT ADMINISTRATOR. DESCRIPTION OF WORK. (a) Services to be Furnished. CONSULTANT shall provide all specified services as set forth in the following documents: (1) CITY's "Request for Proposal (RFP) for Cupertino Interchanges Ramp Meter Arterial Traffic Signal Interconnect Project, dated.August_31, 2000, attached by reference as Exhibit A. (2) CONSULTANT's "Proposal to Provide Design Engineering Services for Cupertino interchanges Ramp Meter Arterial Traffic Signal Interconnect Project, dated February 13, 2001, attached by reference as Exhibit B. (b) Laws to be Observed. CONSULTANT shall: (l) Procure all permits and licenses, pay all charges and fees, and give all notices which may be necessary and incident to the due and lawful prosecution of the services to be performed by CONSULTANT under this agreement. (2) Keep itself fully informed of all existing and future federal, state, and local laws,, ordinances regulations, orders, and decrees which may affect those engaged or employed under this agreement, any materials used in CONSULTANT's performance under this agreement, or the conduct of the services under this agreement. (3) At all times, exercise due professional care to observe and comply with, and cause all of its subconsultants and employees, if any, ro observe and comply with all of said laws, ordinances, regulations, orders, and decrees mentioned above; (4) Immediately report to the CONTRACT ADMINISTRATOR in writing any discrepancy or inconsistency it discovers in said laws„ ordinances, regulations, orders, and decrees mentioned above in relation to any plans, drawings, specifications, or provisions of this agreement. (c) Release to Reports and Inforrnation. Any 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, under this agreement without the prior written approval of the City Manager. (d) Qualifications of CONSULTANT. CONSULTANT represents that it is qualified to furnish the services described under this agreement. TIME OF BEGINNING AND COMPLETION. CONSULTANT shall begin work after letter of notification has been sent to the CONSULTANT from the CITY. Work will be corn leted by August 31, 2002. 4 C +T` 5. PAYMENTS. The basis of payment for the "services provided by the CONSULTANT under this agreement shall be computed as cost plus fee rates. (a) The CITY shall reimburse the CONSULTANT on a time and expenses basis for actual cost plus fixed fee (including labor costs, employee benefits," overhead, profit, and other direct costs plus fixed fee) incurred by the CONSULTANT in performance of the work, in an amount not to exceed $389,790.59. 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 CONSULTANT's headquarters which is hereby designated 1956 Webster Street, Suite 300, Oakland, CA 94612-293 1. 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 sure of $389,790.59. The CONSULTANT's cost proposal is stated in the following documents;: (1) Consultant's "Cost Proposal ", dated February 13, 2001, 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. For the purpose of determining compliance with Public contract Code Section 10115, et seq., and Title 21, California Code of Regulation, Chapter 21, Section 2500 et seq., when applicable, and other matters connected with the performance of the contract pursuant to Government Code Section 8546.7, the CONSULTANT, SUBCONSULTANT, and the CITY shall maintain all books, documents, papers accounting records, and other evidence pertaining to the performance of the contract, including, but not limited to, the costs of administering the contract. All parties shall make such materials available at their respective offices at all reasonable times during the contract period and for three years from the date of final payment under the contract. The CiTY, State, the State Auditor, FHWA or any duly authorized representative of the Federal Government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of the CONSULTANT that are pertinent to the contract for audits, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested. article. Any subcontract, entered into as a result of this contract, shall contain all the provisions of this COST PRINCIPLES. The Federal Acquisition Regulations in Title 48, Code of Federal Regulations (CFR) 31 are the governing factors regarding allowable elements of cost. �7= (a) Covenant Against Contingent Fees. Tile 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, commi -ssion, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the award or formation of this agreement. For breach or violation of this warranty, the CITY shall 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. (b) The CONSULTANT agrees that the Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31 et seq., shall be used to determine the allowability of individual items of cost. (c) The CONSULTANT also agrees to comply with Federal procedures in accordance with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and CooperativeAgreements to State and Local Governments. (d) Any costs for which payment has been made to CONSULTANT that are determined by subsequent audit to be unallowable under 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 3.1 et seq., or 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, are subject to repayment by CONSULTANT to CITY. (e) Any-subcontract, entered into as a result of this contract, shall contain. al I the provisions of this article. 8. DESIGN STANDARDS. The CONSULTANT shall provide services that conform with the appropriate standards for design or zn other standards for work performance as stipulated as follows: (1) Caltrans' Highway Design Manual (2) Caltrans' Traffic Manual (3) National Transportation Communications for iTS Protocol (4) National Intelligent Transportation Systems Architecture 9. DOCUMENTS. The CONSULTANT shall document the results of the work to the satisfaction of the CITY and, if applicable, the State and FHWA. This may include preparation of progress and final reports, plans, specifications and estimates, or similar evidence of attainment of the agreement objectives. (a) Ownership of Documents. The tracings, plans, specifications, and maps prepared as instruments of professional services or obtained under the terms of the agreement be delivered to and become the property of the CiTY, and that basic 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. The CONSULTANT shall not be responsible for CITY's modification to its instruments of professional services or for their re -use on other projects. t� X11 10. CHANGES IN WORK. All changes and /or extra work shall be performed and paid for in accordance with the following: (a) Only the City Engineer or City Council may authorize extra and /or changed work. CONSULTANT expressly recognizes that other City personnel are without authorization to either order extra and /or changed work or waive contract requirements. Failure of CONSULTANT to secure the Council's or City Engineer's prior written authorization for such extra and /or changed work shall constitute a waiver of any and all right to adjustment in contract price due to such unauthorized work and CONSULTANT thereafter shall be entitled to no compensation whatsoever for performance of such work. (b) . if the CONSULTANT is of the opinion that any work he has been directed to perform is beyond the scope of this agreement and constitutes extra work, lie shall promptly notify the CITY of the fact. The CITY shall make a determination as to whether or not such work is, in fact, beyond the scope of this Agreement and constitutes extra work. In the event that the CITY determines that such work does constitute _ extra work, it shall provide extra compensation to the CONSULTANT on a fair and equitable basis. A supplemental agreement providing for such compensation for extra work shall be negotiated between the CITY and the CONSULTANT. Such supplemental agreement shall be executed by the CONSULTANT and be approved by the necessary CITY officials. (c) In the event CITY determines that such work does not constitute extra work, CONSULTANT shall not be paid extra compensation above that provided herein and if such determination is made by CITY staff, said determination may be appealed to the City Council as long as ,a written appeal is submitted to the City Manager within five (5) days after the staff's determination is received by the CONSULTANT. Said written appeal shall include a description of each and every ground upon which CONSULTANT challenges the staff's determination. H. DELAYS AND EXTENSIONS. The CITY shall consider an appropriate extension of tune in case of unavoidable delays and for consideration of corresponding warranted adjustments iii payment. In the event that the services called for under this agreement are not completed within the time specified above,, the City Manager shall have the option to extend the time for completion. This paragraph does not preclude the recovery of damages for delay by either party. Neither party shall be responsible for delays from causes beyond its reasonable control. 12. TERMINATION OR ABANDONMENT. (a) Right to Suspend or Terminate. Either party may suspend or terminate this agreement for any reason by giving thirty (30) days' written notice. Upon receipt of such notice CONSULTANT shall immediately discontinue his performance under this agreement. The City Manager shall have the authority to suspend this agreement, wholly or in part, for such period as he deems necessary due to unfavorable conditions or to the failure on the part of the CONSULTANT to perform any provision of this agreement. (b) Payment. Upon such suspension or termination, CONSULTANT shall be paid for all services actually rendered to CITY to the date of sucl► 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. �1_ (c) Return of Materials. Upon such suspension or termination, CONSULTANT shall turn over to the City Manager immediately any and all copies Of Studies, sketches, drawings, computations, and other data, whether or not completed, prepared by CONSULTANT or its subconsultants, if any, or given to CONSULTANT or its subconsultants, if any, in connection with this agreement. SUCK materials shall become the permanent property of CITY. CONSULTANT, however, shall not be Liable for CITY'S use of incomplete materials or for CITY'S use of complete documents if used for other than the project contemplated by this agreement.. 13. REMEDIES Upon a breach or default of any of the terms or obligations of this Agreement by CONSULTANT, the CITY shall be entitled to exercise all rights and rernedies hereby reserved under this agreement or made available under applicable laws. 14. RESPONSIBILITY FOR CLAIMS AND LIABi'LiTY (INDEMNIFICATION). CONSULTANT hereby agrees to indemnify and save harmless CITY, its officers, agents, and employees of and from: (a) Any and all damages to or destruction of the property of CITY, its officers, agents, or employees occupied or used by or in the care, custody, or control of CONSULTANT caused by any negligent act, error, or omission of CONSULTANT or any subconsultant under this agreement or of CON'SULTANT's or any subconsultant's employees or agents. (b) Any and all claims and demands which may be made against CITY, its officers, agents, or employees by reason of any injury to or death of or damage suffered or sustained by any employee or agent of CONSULTANT or any subconsultant under this agreement, to the extent caused by any negligent act, error or omission of CONSULTANT, excepting, however, any such claims and demands which are the result of the negligence or willful misconduct of CITY, its officers, agents; or employees. (c) Any and all penalties imposed or damages sought oh account of the violation of any law oi- 1 or of any term or condition of any permit by CONSULTANT, to the extent caused by any negligent act, error or omission of CONSULTANT. (d) The CONSULTANT is not responsible :for the accuracy of data from any other sources or from conclusions reached as a result of utilizing information supplied by third persons. (e) The CITY agrees to provide legal defense to challenges of the adequacy and completeness of the services provided. The CONSULTANT shall assist the CITY in responding to such challenges. If it is subsequently ruled by a court of jurisdiction that errors of facts, procedures, or scope have occurred and that these errors and /or omissions were the result of the CONSULTANT's own negligent professional services, then the CONSULTANT shall be responsible for providing whatever remedies may be required to make the analysis adequate and complete. A. Cost Principles Under Earlv Termination Termination settlement expenses will be reimbursed in accordance with 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31. Subpart 31.205 -42 (c) dealing with initial costs is not applicable to architectural and engineering contract terminations. 4 s= B. Adjustment of Fixed Fee Under Early Termination The fixed fee will be adjusted as determined by the CONTRACT MANAGER in accordance with the guidelines established in 48 CFR Chapter 1, Section 49.305 -1. 15. GENERAL COMPLIANCE WiTH LAWS AND WAGE RATES. The CONSULTANT shall comply with all Federal, State, and local laws and ordinances applicable to the work. This includes compliance with prevailing wage rates and their payment in accordance with California Labor Code, Section 1775. (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 exceeding $25,000 in cost shall contain all required provisions of the prime contract. (1) Assignment. Both parties shall give their personal attention to the faithful performance of this agreement and shall not assign, transfer, convey, or otherwise dispose of this agreement or any right, title, or interest in or to the same or any part thereof without the prior written consent of the other party, and then only subject to such terms and conditions as the other party may require. A consent to one assignment shall not be deemed to be a consent to any subsequent assignment. Any assignment without such approval shall be void, and, at the option of the other party, shall terminate this agreement and any license or privilege granted herein. This agreement and any interest herein shall not be assignable by operation of law without the prior written consent of the other party. (2) Subconsultants; Employees. CONSULTANT shall be responsible for employing or engaging all persons necessary to perform the services of CONSULTANT hereunder. No subconsultant of CONSULTANT will be recognized by CITY as such; rather, all Subconsultants are deemed to be employees of CONSULTANT, and it agrees to be responsible f6r their performance. CONSULTANT shall give its personal attention to the fulfillment of the provisions of this agreement by all of its employees and Subconsultants, if any, and shall keep the work under its control. If any employee or subconsultant of CONSULTANT fails or refuses to carry out the provisions of this agreement or appears to be incompetent or to act in a disorderly or improper manner, he shall be discharged immediately from the work under this agreement on demand of the CONTRACT ADMINISTRATOR. (b) Consultant's Endorsement on Plans, ,specifications, & Estimates /Other Data. The responsible CONSULTANT /engineer shall sign all plans, specifications, estimates, and engineering data furnished by him /her and where appropriate, indicate his /her registration number. (c) Disadvantaged Business Enterprise Considerations. CONSULTANT has given consideration to DBE firms as specified in 23 CFR 172.5(e) and has met requirements in the provisions of Title 49, Part 23, Code of Federal Regulations (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 Disadvantaged Business Enterprises (DBEs) have the opportunity to participate in federally- funded, transportation projects. The agency has established a goal of 10% DBE participation in this consultant contract. In order to meet these requirements, the following criteria have been established: Participation by Caltrans' certified DBEs as a prime consultant or sub - consultants in this contract, or 2. A good faith effort by the prime consultant in trying to secure participation by DBEs prior to award of this contract. Documentation of a good faith effort is to be submitted in writing and consists of the following: a. A list of Caltrans' certified DBEs solicited. b. Description of efforts to use the services of available minority community organizations; minority contracting groups; women contractor groups; and local, State, and Federal minority business assistance centers in the recruitment and placement of DBEs including name of contact, date of contact, and information they provided. C. Identification of the portions of the work to be performed by DBEs, including type of work and dollar value. d. Documentation of good faith negotiations between subcontractors and interested DBEs, including names and dollar value of all bids. 16.' INSPECTION. CONSULTANT shall furnish CITY with every reasonable opportunity for CITY to ascertain that the services of CONSULTANT are being performed in accordance with the requirements and intentions of this agreement. All work done and all materials furnished, if any, shall be subject to the CONTRACT ADMINISTRATOR's inspection and approval. The inspection of such work shall not relieve CONSULTANT of any of its obligations to fulfill its agreement as prescribed. 17. INDEPENDENT JUDGMENT. Failure of CITY to agree with CONSULTANI 's independent findings, Conclusions, or recommendations, if the same are called for under this agreement, on the basis of difference in matters of judgment shall not be construed as a failure on the 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: Ralph A. Qualls, Jr. Contract Administrator City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 TO CONSULTANT: Kevin Fehon Principal DKS Associates 1956 Webster Street, Suite 300 Oakland, CA 94612 -2931 19. INTEREST OF CONSULTANT. CONSULTANT covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services' hereunder. CONSULTANT further covenants that, in the performance of this agreement, 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 D (b) Certification of Consultant, attached as Exhibit E. 21. INSURANCE. CONSULTANT, at its sole cost and expense, shall obtain -and maintain in full force and effect throughout the entire term of this agreement, the insurance coverage of at least an "A" rating as determined in accordance with the Best's Guide Rating, and class VII in financial rating, insuring not only CONSULTANT, but also (with the exception of workers' compensation and employer's liability insurance), CITY, its officers, agents, and employees, and each of them with respect to activities and services performed by CONSULTANT for or on behalf of CITY under the provisions of this agreement. Certificates of such insurance, on the forms provided by CITY, shall be filed with CITY concurrently with the execution of this agreement attached as Exhibit F -i to F -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. 22. WORKERS' COMPENSATION. CONSULTANT certifies that it is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for workers' compensation or to undertake self - insurance in accordance with the provisions of that Labor Code, and it certifies that it will comply with such provisions before commencing the performance of the work of this agreement. 23. AGREEMENT BINDING. The teens; covenants, and conditions of this, agreement shall apply to, and shall bind the heirs, successors, executors, administrators, assigns, and subconsultants of both parties. Q�. 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 ►honey 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 ati:orney's fees expended in connection with such an action from the other party. 26. NONDISCRIMINATION. No discrimination shall be. made in the employment of persons under this agreement because of the race, color, national origin, ancestry, religion, or sex of such person. If CONSULTANT is found in violation of the nondiscrimination provisions of the State of California Fair Employment Practices Act or similar provisions of federal law or executive order in the performance of this agreement, it shall thereby be found in material breach of this agreement. Thereupon, CITY shall have the power to cancel or suspend this agreement, in whole or in part, or to deduct from the amount payable to CONSULTANT the sum. of Twenty -five Dollars ($25) for each person for each calendar day during which said person was discriminated against, as damages for said breach of contract, or both. Only a finding of the State of California Fair Employment Practices Commission or the equivalent federal agency or officer shall constitute evidence of a violation of contract under this paragraph. If CONSULTANT is found in violation of the nondiscrimination provisions of this agreement or the applicable affirmative action guidelines pertaining to this agreement, CONSULTANT shall be found in material breach of this agreement. Thereupon, CITY shall have the power to cancel or suspend this agreement, in whole or in part, or to deduct from the amount payable to CONSULTANT the sum of Two Hundred Fifty Dollars ($250) for each calendar day during which CONSULTANT is found to have been in such noncompliance as damages for said breach of contract, or both. 27. AGREEMENT CONTAINS ALL UNDERSTANDINGS. This document represents the entire and integrated agreement between CITY and CONSULTANT and supersedes all prior negotiations, representation, or agreements, either written or oral. This document may be amended only by written instrument, signed by both CITY and CONSULTANT. All provisions of this agreement are expressly made conditions. This agreement shall be governed by the laws of the State of California. IN WITNESS WHEREOF, CITY and CONSULTANT have executed this agreement the day and year first written above. ATTEST: City Clerk DKS Associates Consultant Name 1956 Webster Street, Suite 300 Address Oakland, CA 94612 -2931 City, State, ZIP X510) 763 -2061 Telephone Social Security Number or Tax Identification Number 94-2583153 CITY OF CUPS TINO %OAL&04044) Director of Public Works 10 LIST OF EXHIBITS Exhibit Title A City's "Request for Proposal— Cupertino Interchanges Ramp Meter Arterial Traffic Signal Interconnect Project ", dated August 31, 2000. B Consultant's "Proposal to Provide Design Engineering Services for Cupertino Interchanges Ramp Meter Arterial Traffic Signal Interconnect Project, dated January 23, 2001. B Consultant's `-`Cost Proposal ", dated February 13, 2001. C Consultant's "Work Plan ", dated January 5, 2001 D Certification of Local Agency E Certification of Consultant F -1 Insurance Agreement F -2 Certificate of Insurance F -3 Endorsement of Primary Insurance F -4 Additional Insured Endorsement F -5 Comprehensive General Liability Commercial General. Liability Endorsement of Aggregate Limits of Insurance per project F -6 Waiver of Subrogation Endorsement Worker's Compensation Insurance F -7 Notice of Policy Cancellation Endorsement 10300 Torre Avenue Cupertino, CA 95014 -3255 (408) 777 -3354 Fax: (408) 777 -3333 CITY OF CIJPE�TINO epartment ot7u-blic Works File No. 74001.25 August 31, 2000 SUBJECT: REQUEST FOR PROPOSALS (RFP) for TRAFFIC ENGINEERING SERVICES for the CUPERTINO INTERCHANGE IMPROVEMENTS — RAMP METER SIGNAL /ARTERIAL TRAFFIC SIGNAL INTERCONNECTION 13ROJECT Gentlemen: The City of Cupertino is requesting proposals ;From qualified firms to provide traffic engineering services for the subject project. Submittal Instructions: Interested firms must submit five (5) copies of their proposal toi Raymond Chong, City Traffic Engineer, City of Cupertino, 10300 Torre Avenue, Cupertino, CA 95014. The deadline for submittal is Thursday, September 70, 2000 at 2:00 p.m. Incomplete or late submittal may be rejected. Project Background/Description: The goal of this project is to improve traffic flow on the City's Metropolitan Transportation System (MTS) arterials and reduce queue spillbacks from the freeway ramps by developing a data exchange and monitoring system between the freeway ramp meter signals with arterial traffic signals. The four specific project interchanges are 1) I -280 and Wolfe Road, 2) I -280 and De Anza Boulevard, 3) SR-85) and De Anza Boulevard and 4) SR -85 and Stevens Creek Boulevard. The City's MTS arterials are Wolfe Road, Stevens Creek Boulevard and De Anza Boulevard. During peak traffic flows, the I -280 and SR -85 freeway corridors have periods of severe congestion. Queue spillbacks from the ramps create bottlenecks on the three project arterials. Currently, it is not possible to effectively manage and coordinate the, traffic between the freeway ramps and the arterial streets. This project is to develop a system to optimally coordinate timings between ramp meter signals and arterial traffic signals to improve traffic flow. A two -way data exchange system between the Caltrans ramp meters and the City's arterial traffic signals is to be developed and used to devise.and implement a- sysvt= to adjust arterial signal timings to match the current traffic conditions. The data exchange is envisioned to occur between the Traffic Operation Centers (TOC) of Caltrans and the City, not directly from the controllers, so the actual field equipment should be independent of the data provided. The system should provide for coordinated adjustment of signal timings by both the City and Caltrans staff. The system shall comply with National Transportation Communications for Intelligent Transportation System Protocol (NTC)[P).. The project should make use and build on the Printed on Recycled Paper 9 August 31, 2000 :Request for Proposals: Cupertino Interchange Improvements — Ramp Meter Signal /Arterial Traffic.Signal Interconnection Project Page 2 of 7 . data exchange network and center -to- center communications system based on NTCIP protocols developed through the Silicon Valley Smart Corridor project. This project shall also include provisions for integrating video monitoring of the Project intersections. The system must also be compatible with the City's recently installed "Streetwise" advanced traffic :management software system by Naztec, Inc. Naztec 900 traffic signal controllers operate the arterial traffic signal. Caltrans currently uses Model 170 controllers to operate the ramp meters, however, they will be upgrading their controllers to Model 2070. The upgrade is expected to occur when development of their Traffic Operation System (TOS) software is completed. Fundinoudget: This is a federally funded first cycle TEA -21 Surface Transportation Program /Congestion Management Air Quality(STP /CIV[AQ) project. The total project budget is $500,000. This includes all design,. administration, construction and contingency costs to successfully implement the project. The funding deadline to obligate construction funds for this project is September 30, 2001. Construction funds must be. obligated prior to advertising for construction bids. The construction phase will include furnishing and installing the necessary hardware and providing the construction phase engineering services to implement the system. Information available from the City: The following information is attached to this R:FP: • Project location Map • Caltrans Map of South Bay Area TOS Elements • Grant application. A copy of the 1998 STP /CMAQ Application: 25% Funds — Corridor Management Projects - • Project Information Form for the Transportation Systems Operations Task Force Other in that will be made available to the selected consultant include, the following: • Timing plans • Traffic data (arterial, ramp, freeway and intersection traffic volumes, speed surveys) • Traffic collision data • Transportation System Management Master Plan Several other projects are either planned or underway on both the arterials and project interchanges. These include improvements to the Wolfe/I -280 interchange by both Caltrans and the City, an ATMS Smart Corridor Project on Stevens Creek Boulevard, a Generation 1.5 Traffic Responsive System and other system upgrade projects. Additional information on these projects will be made available to the selected consultant. General Scope of Services: The City generally clefines scope of work for the project as follows: 9 August 31, 2000 'Request for Proposals: Cupertino Interchange Improvements — Ramp Meter Signal /Arterial Traffic Signal Interconnection Project Page 3 of 7 Task 1 — PROJECT MANAGEMENT: This task shall include all the necessary activities for the consultant to manage the project. It includes coordination with subconsultants, utility companies, other agencies, Caltrans and the City. Specific tasks include the following: • Prepare and update Project Contact List • Prepare and update Project Schedule • Prepare Monthly Progress Reports - including work accomplished during the past.month, work scheduled for the upcoming month, any outstanding issues that may affect schedule and/or budget, and status of budget • Prepare meeting agendas, meeting minutes, including action items • Attend kick -off and monthly progress meetings with City and Caltrans Task 2 CONCEPTUAL DESIGN: This task shall include data collection, base mapping, review, inventory and assessment of the existing hardware and software, both in the field and in the Traffic Operations Center. Any unique conditions or those that may impact the implementation should be identified. Design parameters and guidelines that should be incorporated into the project should be identified. A Concept of Operations Report shall be prepared that details the planning, implementation and construction of the Project. Specific tasks may include the following: • Review existing conditions, data, plans, and information. • Identify, collect and reduce additional data needed. • Prepare base maps and /or graphics. • Prepare working paper summarizing data and design parameters to be incorporated into project. • Concept of Operations Report Task 3 — FINAL DESIGN: This task shall include software design and preparation of construction contract documents (plans, specifications and estimates (PS &E)) for the data. collection and exchange and monitoring systems. The PS &E shall cover the necessary system hardware requirements and the provisions for contractor installation. It is.anticipated that hardware will consist of video detection and monitoring equipment, modems, computers, and possibly loop and conduit installation on the arterials and/or ramps. This task shall incorporate the data and design parameters developed under Task 2. Specific tasks may include: • Software development (design and testing) • Preparation of PS &E • Field tests and reviews August 31, 2000 `Request for Proposals: Cupertino Interchange ]improvements — Ramp Meter Signal /Arterial Traffic Signal Interconnection Project Page 4 of 7 Task 4 — SYSTEM IMPLEMENTATION /CONSTRUCTION SUPPORT: This task shall include technical support during the bid, construction and post - construction phases of the project. It shall also include installation and modifications and/or adjustments to the software system developed under Task 3. Specific tasks may include the following: • Preparing bid addenda • Attending pre -bid meetings • Attending pre- construction meeting • Field visits • Review of submittals • .Responding to request for information • Installation of software . • Post - construction counts and evaluations of system performance • Prepare post- project report of system performance GENERAL PROPOSAL REQUIREMENT'S Disadvantaged Business Enterprise Program Requirements: The provisions of Title 49, Part 26 of Code of Federal Regulations (CFR) and the City of Cupertino's adopted DBE Program require that Disadvantaged Business Enterprise (DBE) have the opportunity to participate in federally funded transportation projects. The agency has established the goal of 10% DBE participation in this consultant agreement. In order to meet then: requirements, the following criteria have been established. • Participation by Caltrans certified DBEs as a prime consultant or subconsultants in this contract or • A good faith effort by the prime consultarrt 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 list of Caltrans certified DBEs solicited. • Description of efforts to use the services of available minority community organizations; minority contractor groups; women contractor groups; and Local, State and Federal minority business assistance centers in the recruitment and placement of DBEs, including name of contact:, date of contact and information they provided. • Identification of the portions of the work to be performed by DBEs including type of work and dollar value. • Documentation of good faith neotiations between subcontractors and interested DBEs including names and dollar values of all bids. The consultant shall provide DBE information on level of participation by DBEs on the project. August.31, 2000 Request for Proposals: Cupertino Interchange Improvements — Ramp Meter Signal /Arterial Traffic Signal Interconnection Project Page 5 of 7 Insurance and Indemnification Requirements: During the course of work, the following insurance and indemnification requirements with the City as additional insured will be in force. General minimum requirements are as follows: • Workers compensation insurance to cover its employees ($1.0 million for each occurrence). • Commercial general liability insurance including personal injury and property damage insurance ($1.0 million for each occurrc -nce and $2.0 million in. aggregate). • Automobile liability insurance ($1.0 million for each occurrence). • Professional liability (errors and omissions) insurance ($1.0 million for each occurrence). • Indemnification and hold harmless provisions related to the consultant's negligent acts, errors or omissions. Consultant shall use the City's insurance forms with the consultant agreement. Sample ones are attached for your review. If you have any problems, state them in the technical proposal. Consultant Agreement Requirements: A sample consultant agreement outline plus certifications are attached for your review. If you have any problems, state them in the technical proposal. Business License Requirements: The consultant and, their subconsultants must hold or obtain business licenses in the City for any work within City limits. Proposal Content: Proposals must include the :Following information: 1. Introduction: Introduce the proposal, including a statement of the proposer's understanding and approach of the project. Give the name of the firm submitting the proposal, its mailing address, telephone and fax number and the name of the contact person. Identify all proposed subconsultants. 2. Qualifications: The following information shall be submitted for the prime consultant and all proposed subconsultants to demonstrate the firms unique qualifications to perform the work: • Brief company resume • Resumes of key personnel to be assigned to this project List of similar projects (not more thwi 5) which best illustrate current qualifications to perform this project 3. ,Work Plan: The work plan of tasks, work products and meetings shall be consistent with the Scope of Work and include the following elements: • Name of Project Manager • Organization chart showing the proposed relationships between all key personnel and support assigned to the project • Description of proposed responsibilities of each person on the organization chart • Description of the approach and methodology to provide traffic engineering services August 31, 2000 'Request for Proposals: Cupertino Interchange :lmprovements — Ramp Meter Signal /Arterial Traffic Signal Interconnection Project Page 6 of 7 • Estimate of work hours by staff for each task 4. Project Schedule: The proposal shall present a comprehensive project schedule of tasks to reflect the time frame required to complete each milestone listed in the Scope of Work. It shall include a completion date for each milestone and identify milestones that are interdependent. Proposal should address how this schedule will be met. The anticipated schedule of activities related to this project is as follows: Milestone Date Proposals Due 2:00 P.M. September 21, 2000 Interviews September 28', 2000 Consultant Selection September 29, 2000 Final Scope /Cost October 13, 2000 Council Award of Contract October 16, 2000 Execute Consultant Agreement/Notice to Proceed November 6, 2000 Conceptual Design Complete January 4, 2001 Final Design Complete June 1,2001 Caltrans Authorizes Construction Funds June 11, 2001. Advertise for Construction Bids April 11, 2001 Open Bids August 7, 2001 Award Construction Contract August 20, 2001 Contract Notice to Proceed September 24, 2001 Construction Complete November 30, 2001 5. Statement: The proposal shall include a statement regarding the consultant's acceptance of the City's requirements for Disadvantaged Business Enterprises, insurance and indemnification's, consultant agreements and business license that are presented'herein. The consultant shall clearly state any exceptions. A principal, officer or owner of the firm with authority to bind the consultant, shall sign this statement. Cost Proposal: The cost proposal shall cover all traffic engineering services for the project. A sample one is attached for your review. The basis of payment shall be actual cost plus a fixed fee with a stated maximum contract limit. Consultant shall submit the cost proposal sealed in separate envelope and plainly endorsed "COST PROPOSAL ". It shall consist of the following items: • A one page summary that lists the key items of cost with the total not to exceed the cost of the work • Work breakdown by task Identification of any unclear contract requirement and suitable resolution for it • DBE information form, including good faith efforts Consultant Selection Process: The proposals will be evaluated and ranked by a Consultant Section Committee (CSC). The CSC may include City staff and others. The CSC may reject any proposal if it is conditional, incomplete or contains irregularities. The CSC may waive any immaterial deviation August 31, 2000 'Request for Proposals: Cupertino Interchange :Improvements — Ramp Meter Signal /Arterial Traffic Signal Interconnection Project Pagel 7 of 7 in a proposal. Waiver of an immaterial deviation shall in no way modify the Request for Proposals documents nor affect recommendation for awETd of the contract. The criteria for selection of the consultant shall include: • Understanding of work • Experience with similar kinds of work • Quality of staff • Capability of developing innovative or advanced techniques • Knowledge of Local, State and Federal procedures • Financial responsibility • Intent for Disadvantaged_ Business Enterprises participation The Consultant Selection Committee (CSC) will shortlist and interview no more than two firms. The consultant will be allowed to make a brier presentation (20 minutes maximum) followed by questions from the CSC. A formal presentation is not required. The CSC will evaluate the proposals and interiiews and rank the consultants based on the above criteria. The City will negotiate a consultant agreement with the top- ranked consultant. If an agreement on cost cannot be reached with the first choice, then the City will open negotiations with the next highest ranked candidate. For any questions please contact Joe Enke of Zumwalt Engineering Group at jenke @zeginc.com or 925- 830 - 5016. Sincerely, Bert J. Viskovich Director of Public Works Raymond D. Chong, P.E. City Traffic Engineer CC: Joseph C. Enke, Zumwalt Engineering Group Mark Powers, Caltrans Attachments: Project Figure DBE Information Forms Insurance Forms Sample Consultant Agreement Outline plus Certification Sample Cost Proposal 1998 STP /CMAQ Application. Project Information Form for the Transportation Systems Operations Task Force cl: N- C13 JL... Eg It or- IC-13 co ?DUST r 73 u U ZIP, t j L Yal C14 a DKSAssociates 1956 Webster Street; Suite 300 Oakland, CA 94612 -2925 (510) 763 -2061 Fax, (510) 268 -1739 February 13, 2001 Mr. Bruce Zaeni Zumwalt Engineering Group 2680 Bishop Drive, Suite 150 San Ramon CA 94583 Subject: Cupertino Ramp Meter Integration Project — Revised Cost Breakdown Dear Mr. Zaeni: P/A No. A990178 DKS Associates is pleased to present the revised cost breakdown for this contract. The attached tables are in a form suitable for attachment to the contract. The Cost Breakdown table shows DKS Associates complete costs, on a cost plus fixed fee basis. We have used the overhead rate recently approved through an audit by Caltrans, with a 10% fixed fee. We have revised the basis of the software supply sub - contract with Naztec to be on a CPFF basis, as requested. We have also included for information, the basis of the calculation of the budget. for the traffic surveys sub - contract with Wiltec, which is still proposed to be conducted in accordance with the attached schedule of fees. The Siemens Gardner sub- contract will continue to be on a lump sum basis, as shown. If you have any questions, please call me on (5 it 0) 763 2061 Sincerely, DKS Associates A California Corporation Kevin Fehon Principal Encl: contract schedules q: Ial99199x31781feelcosts010212, doc Overall Cost Proposal EXHIBIT .0 COST BREAKDOWN �CONS ,ULTANT�TEAIVI;�MEIVI;BERc� GRADE �`HC�URS� �;,�RATEzM�, : =:CO;ST y���;T.O.TALS,��h Total tabor + Overhead $ 138,114.24 Mailing, courier, delivery $ 142.00 Kevin Fehon $ 80 $57.72 -,'' _ $ 4,617.60 Kevin A uigui 1511 �� 456 $39.89 �, $ 18,189.84 David Hu nh , 480 $30.75 #R $ 14,760.00 Atul Patel ;a 240 $30.80 wry °° $ 7,392.00: In er Knox ��� I Affi, 61 $32.71 � , �„ ��,�� $ 1,995.31 Support Staff FIN . `� 190 $20.67 $ 3,927.30 w nnn. n� OTHER DIRECT COSTS �SUBCONSULT�ANT COSTS °'�� Naztec - software supply . I V 1 HL L/ D%jr%. .p TOTAL OVERHEAD @ 171.44% $ 87,232.19 Total tabor + Overhead $ 138,114.24 Mailing, courier, delivery $ 142.00 Reproduction /Copying $ 285.00 Telephone /Fax $ 200.00 Computer Time 18.00 hrs $ 450.00 Travel • $ 200.00 Subsistence $ 200.00 Traffic Counts & Surveys (Wiltec, Inc) $ 33,410.00 Caltrans software. integration (Siemens Gardner) $ 15,000.00 TOTAL OTHER DIRECT COSTS: $ 49,887.00 $ 182,989.23 TOTAL DIRECT COSTS: $ FIXED FEE (10% OF COSTS): $ TOTAL SUBCONSULTANT COSTS: $ T01 AL CONTRACT AMOUNT: $ 188,001.24 18,800.12 182,989.23 389,790.59 99x3178 \Ramp Meter Cost Proposal_b.xls DKS 02/12/2001 6:10 PM c EXHIBIT] COST BREAKDOWN N$V JAN T TEAM MEMB' GRAQ,E �� HO01 RS ��w , A7T- -7 . ` „;,� CO,ST� � � TOTALS ��' Bryan Beyer Prof. 260 $ 43.27 $ 11,250.00 John Black Prof. 120 43.27 $ 5,192.31 Dr. Nadeem Chaudhary Prof. 240 48.08 $ 11,538.46 Jeff Racz Programer 400 43.27 $ 17,307.69 Kho Irani Programer 3601 36:06 $ 12,980.77 Darren Beyer Programer 240 43.27 $ 10,384.62 Clyde Neel Prof. 160 52.88 $ 8,461.54 Henry Beyer Prof. 80 ' 48.08 3,846.15 $ - OTHER DIRECT COSTS I Ul AL LAt3UK: zo TOTAL OVERHEAD 98.00% $ tsu,uo -1 .a4 79,342.31 Mailing $ 50.00 Reproduction /Copying $ 50.00 Telephone /Fax $ 150.00 Computer Time $ - Travel $ 5,800.00 Subsistence (Included with travel) $ - Traffic Counts (included with DKS fee) $ - TOTAL OTHER DIRECT COSTS: $ TOTAL DIRECT COSTS: $ FIXED FEE (10% OF COSTS): $ TOTAL CONTRACT AMOUNT: $ 6,050.00 160,303.85 16,635.38 182,989.23 99x3178 \Ramp Meter Cost Proposal_b.xls: Naztec 02/12/2001 6,10 PM S � Wiltec Cost Breakdown ,. �� . "�'It , . em n. t rx: "Rate M °Quantity ...� r Totals �R _ Machine counts $120 28 $3,360 Intesection counts $480 24 $11,520 Floating car surveys $100 76 $7,600 Custom surveys Queue and Delay) - Moses Wilson $120 20 $2,400 - Victoria Darragh $80 20 $1,600 - Associate Engineers $70 30 $2,100 - Technicians $40 50 $2,000 - Admin Assistant $35 40 $1,400 - Travel expenses $1,430 1 $1,430 Total $33,410 99x3178 \Ramp Meter Cost Proposal_b.xls: Wiltec 02/12/2001 6:10 PM FEE SCHE INDIVIDUAL RATES Traffic Engineering and Data Research January 2000 Moses R: Wilson, PE. .................. • • • • • • ... $120.00 per hour Victoria Wilson Darragh ............... ............................... $80.00 per hour Project Managers / Associate Engineers .. ............................... $70.00 per hour Engineering and Field Technicians ...... ............................... $40.00 per hour Administrative Assistants ................................... I .......... $35.00 per hour TYPICAL SURVEY RATES Intersection Turning Movement Counts Single 2 -hour count .... ............................... $200.00 per intersection 2 -hour AM and 2 -hour PM count ........................... $320.00 per intersection 2 -hour AM, 2 -hour MD and 2 -hour Phi count ................ $480.00 per intersection - 3 -hour AM and 3 -hour PM count ......................... $480.00 per intersection Each additional hour of survey at same location .................... $80.00 per hour (minimum $200.00 per intersection per order) Standard 24 -hour ADT machine counts - First day of survey .. .... ....... ........................ $120.00 per machine Each additional consecutive day of survey at same location ...... $100.00 per machine (minimum $200.00 per order) Please note that rates are per machine used per location - NOT total per location Speed or Axle Classification machine counts ................. $150.00 per machine per day Radar Speed Surveys ..... ... ............................... $1.00.00 per survey hour (minimum $200.00 per order) Floating car surveys ....................... $100.00 per survey hour (vehicle costs included) (minimum $400.00 per order) Parking Surveys ......... ............................... $40.00 per hour per technician . plus appropriate supervisor fees (minimum $200.00 per order) N For surveys outside of the Greater San Francisco Bay Area or Greater Los Angeles area, please call for quote. N Rates will be Increased by 25% for all manual field surveys conducted between the hours of 9 P.M. and 6 A.M., each additional hour past the fast 8 hours of a continuous sury ey, and on all holidays PASADENA OFFICE ANTIOCH.OFFICE 170 S. DeLaoey Avenue a Pasadena, CA 91105 5124 Paddock Court a Antioch, CA 94509 Tel (626) 584 - 1944.* Fax (626) 564-0969 Tel (925) 706 -9911 a Fax (925) 706 -9914 DKS Associates WORK PLAN Our Work Plan will consist of the following tasks:. Task 1: Project Management Task.2: System Design Task 3: Software Design Task 4: System Implementation Task 1: Project Management C---X i� / e) 1-f C At the outset of the project, a detailed Project: Management Plan (PMP) will be prepared. This will be a controlled document that: • Specifies the responsibilities of all assigned staff and confirms that all staff are suitably qualified and trained for their assigned roles; • Defines project reporting arrangements; • Defines the schedule and cost management procedures;. • Identifies the appropriate standards to be applied to the project and its products; • Defines the management team structure; and interfaces with the City staff; -and • Provides a schedule for the appropriate and relevant quality assurance procedures, such as internal quality audit, design verification and value engineering. The purpose of this PMP is to ensure that quality control is maintained throughout the duration of the project. This PMP will keep all involved agencies and staff on the same page bearing in mind the project's goals and objectives. The DKS Team project management services will include the following: • Preparation and updates of a Project Contact list. • Prepares and updates the Project Schedule • Prepares monthly progress reports • Prepares meeting agendas • Attendance at all meetings DKS will attend and make technical presentations, as needed, at meetings such as at any steering committee meetings, staff meetings, and any other meetings as requested by the affected agencies. DKS will prepare and. submit to the city, the meeting minutes summarizing discussions at all meetings attended by DKS. Minutes will be distributed to all meeting participants and mailed to all non - attendees, including summaries for a follow -up action plan. Cupertino Interchange Improvements Page 2 -1 Ramp Meter Signal /Arterial Traffic, Signal Interconnection Project —SCOPE OF WORK (1 /05/01) DKS Associates DKS will schedule and conduct project pre - design meetings. The DKS Team will conduct personal interviews with staff from Caltrans regarding the decision- making and issues authority for the system design and implementation and required institutional coordination. Other issues that will be addressed during these interviews and process include, but are not limited to, the following: • Design and planning; • Administration relationships; •. Implementation issues • System integration and coordination • Procurement practices • Operation and maintenance responsibilities • Staffing and training requirements • Resource sharing /joint operation • Inter jurisdictional traffic signal coordination • City -wide incident detection and management operations • Congestion mitigation DKS will coordinate planning and technical design activities with all involved personnel from the involved agencies, and primary and participating users during all phases of the project. This will include, but not be limited to: • Identifying administrative, design, operation, and maintenance personnel from each agency; • Coordinating with other agencies and projects working on overlapping elements of the proj ect; • Coordinating with other regional public; agencies including TravInfo, MTC and the VTA to ensure no duplication of effort in the architecture development and the design and construction of any similar project; Deliverable: Project Management Plan Task 2: System Design The purpose of this task is to develop system operating strategies for the coordinated operation of ramp metering signals with adjacent City signals in order to improve the operational performance of the various freeway interchange: corridors within the City. Concept of Operations We will prepare a Concept of Operation report that will include all the pertinent elements including addressing the physical and institutional layers that form the basis for the project. Some of the elements that will be identified and addressed in the Concept of Operations include: Cupertino Interchange Improvements Page 2 -2 Ramp Meter Signal /Arterial Traffic Signal Interconnection Project —SCOPE OF WORK (1105101) - ®KS Associates • Detailed traffic and safety issues • Current problems and complaints to be addressed • Local traffic patterns and events that affect patterns • Review of other projects that need coordination or consideration • Design standards and preferences • Caltrans policy and specific project requirements • High level system and software needs and requirements • Potential constraints • Needed physical improvements requiring construction • Data exchange needs • Procurement methods for system elements DKS will evaluate various operating strategies based upon integration of the freeway ramp metering signals with the adjacent City signals. These include: Arterial Coordination Only - This strategy does not involve coordination with the ramp metering signal. In this scenario, ramp metering rates and ramp volume demand does not adversely impact the arterial. Integrated Coordination - This strategy dais involve coordination with the ramp metering signal. In this scenario, the prevailing ramp metering rates. and ramp volume would adversely impact the arterial (i.e, extensive queue backup from the ramp onto the arterial). It is envisioned that based on the ramp metering rate, and traffic demand, the signal timing would be adjusted accordingly for affected signals on the arterial.. The feasibility of adjusting the ramp metering rate will also be evaluated based upon arterial performance. This would require the placement and use of additional detection to alert the signal system of excessive queue spillbacks or higher than normal occupancy rates. Diversion Strategies - This strategy involves the development and use of a diversion plan to redirect traffic to adjacent, less congested, on -ramps: This can employ the use of advance extinguishable message signs (EMS) to advise drivers of unusually congested conditions at one particular ramp interchange and direct drivers to a less congested interchange. For example, due to an incident on southbound I -280 just south of the De Anza Blvd. interchange, the metering rate at the I -280 SB on -ramp (at De Anza;) is further restricted causing more than usual congestion on the arterial. Since the incident on the freeway (at this, location) will cause a bottleneck for the downstream interchange (Wolfe Rd.), the metering rate at the I -280 SB on- ramp (at Wolfe Rd.) will tend to be less restrictive thus increasing the on -ramp capacity. In this scenario, EMS's can be employed to direct traffic bound for southbound I -280 from De Anza Blvd. to Wolfe Rd. This strategy would also incorporate the previous Integrated. Coordination strategy to match arterial signal timing objectives with ramp metering objectives. As each different strategy is evaluated, it will become part of an overall citywide traffic management plan whereby each identified strategy can be potentially implemented depending on the severity, of the congestion and the mitigating operational techniques needed. This overall Cupertino Interchange Improvements Page 2 -3 Ramp Meter Signal /Arterial Traffic Signal Interconnection, Project —SCOPE OF WORK (1 105101) DKS Associates plan will form the basis for the City and 01trims, to develop a coordinated effort in reducing and potentially eliminating the impacts of ramp metering on adjacent surface streets. DKS will prepare a System Architecture for this project to properly identify all of the potential stakeholders beyond the. City and Caltrans. This architecture will identify the data flows between agencies and the traveling motorists. This architecture will be prepared in conjunction with the Regional ITS Architecture that is being prepared for the Bay Area Region. Deliverable: Concept of Operations Report. Citywide Traffic Management Plan Data Collection As part of this project, we will perform data collection to gather the following information: • Collect as -built drawings including for signal interconnect, Caltrans interchange Improvement Plans, and local improvement plans. • Collect utility record/as -built information within the project limits • Collect current signal timings, traffic volumes, and accident data • Perform field review of the corridor • Observe traffic operations during peak and off -peak periods • Ramp meter rates and counts DKS has already conducted a preliminary field inventory of existing conditions at the City's four freeway interchanges. At this early stage, we will finalize our detailed field inventory and inspection of the existing conditions. Signal timing and operations information will be collected for the study area traffic signals and ramp metering signals. The DKS Team will also collect peak period turning movement and 24 -hour automatic "tube" counts. The turning movement counts will be collected at the eight study area intersections, and the tube counts will be collected at four (4) locations. In addition, we will collect other pertinent data including ramp meter detector counts and meter rates during the peak periods when ramp metering is in effect. We will use these counts to determine the impact of freeway congestion on the interchange operations. Tuning movement counts will be collected between for each AM and PM 2 -hour peak periods on either a Tuesday, Wednesday, or Thursday. The automatic "tube" counts will be collected from a Thursday through a Sunday. We will conduct extensive travel time runs on the City's interchanges to quantify the experienced delay to motorists on surface streets as a result of ramp metering. These results will be summarized in the form of a working paper. Cupertino Interchange Improvements Page 1 -4 Ramp Meter Signal /Arterial Traffic Signal Interconnection Project —SCOPE OF WORK (1105101) DKS Associates The DKS team will work with the City to identify specific needs as well as identifying interchange and corridor needs for improved traffic operations and safety. Deliverable: Working paper summarizing findings of data collection effort. System Procurement We will address the issue of procurement' under the Concept of Operations by making determinations on any required field modifications which may include, but not be limited to: • Installation of pavement loops • Cabinet modifications • Conduit installations We will work closely with the City and Calt:rans on identifying these field elements that will need to installed via a construction- oriented project. PS &E Preparation If deemed necessary as part of this project, DKS will prepare a set of PS &E documents. The PS &E is envisioned to cover such items as installation of .pavement loops, conduit, pullboxes, conductors, and cables. DKS will prepare the detailed PS &E documents for improvements associated with this project. It will be important to begin this task only after there has been preliminary approval by Caltrans and the City on the proposed improvements. In general, it is anticipated that the plan set will contain the following sheets. 1. Title Sheet (1 sheet) 2. Standard Plan Listing (2 sheets) 3. Traffic Signal and Lighting Plan (4 to 8 sheets) 4. Construction Details (1 sheet) 5. Traffic Control Details, if needed (1 to 2 sheets) The number of sheets will vary depending on the magnitude and types of improvements identified. The utility as-built information will be included only. for those areas where excavations will be made. The steps in plan development will follow the set of review stages at 60 percent, 90 percent and final PS &E documents. With each stage, the review comments from the previous stage will be itemized and a written response to each will be prepared. The original red pencil mark -up from the City and Caltrans (if necessary) will be returned with the succeeding submittal. The special provisions will be prepared using standard Caltrans special provisions and formats as may be modified by the City. Cupertino Interchange Improvements Page 2 -5 Ramp Meter Signal /Arterial Traffic Signal Interconnection Project —SCOPE OF WORK (1105101) DKS Associates Estimates of construction cost will be prepared using detailed spread sheets. These sheets detail individual items material and labor costs. These estimates are made in a.manner similar to how the bidding contractors will prepare their bids. The estimate will also be shown in-the same format proposed for the actual bid documents. 60% PS &E Documents Once comments on the concept design(s) are received, the 60% design drawings will be prepared. As part of the 60% submittal, a set of the draft Special Provisions will be prepared along with the preliminary construction cost estimate. The plans and specifications will be based on the latest Caltrans Standard Specifications and Standard Plans. An Encroachment Permit Application will be prepared and submitted to Caltrans (if needed) at this stage. The appropriate number of copies of the 60% design plans will be submitted with the permit application to Caltrans. Coordination with the affected utility companies and any city utilities will be conducted. This will include notices to the utility agencies for underground locations and utility relocations as necessary. A utility certification will be prepared. Utility and Right of Way Certifications will be prepared in conjunction with the PS &E documents and will be conducted as required. Deliverable: Full size 60 percent PS &E Documents to the City and Caltrans. 90% PS &E Documents Once comments on the 60% PS &E Document submittal are received, the 90% PS &E Documents will be prepared. The special provisions and. preliminary cost estimate will be revised per the comments received. All PS &E details and information will be complete and ready for city review. Deliverables: Encroachment permit application. Full size 90 percent PS &E Documents to the City and Caltrans. Utility certification (if needed). Right of way certification (for City's.signature). Final PS &E Documents Once comments on the 90% PS &E Document submittal are received, the final design drawings will be prepared. In addition, the special provisions and preliminary cost estimate will be revised Cupertino Interchange Improvements Page 2-6 Ramp Meter Signal /Arterial Traffic Signal Interconnection Project —SCOPE OF WORK (1105701) .y DKS Associates per the comments received. All PS&E details and information will be complete and ready for city review. A full reproducible plan set will be prepared and submitted with the comments on the 90% PS &E document submittal incorporated. This final submittal will include "photo - ready special provisions, and bid list. At this stage it is antiicipated that all necessary Encroachment Permit(s) will be fully executed. Deliverable: Full size, signed and sealed Final PS&E Documents to the City and Caltrans. Task 3: Software Design This task will consist of preparing the detailed design requirements for the software modifications necessary as part of this project. This task will follow the development and approval of the Concept of Operations, and will clearly define the minimum modifications to software and/or. development of software to satisfy the needs for the integration and data exchange network. At a minimum, the software design will address the following issues: • Any new data dictionary data objects • Software development by others (Caltrans) • Development schedule • Caltrans integration requirements • Other institutional issues affecting software As a first step, a one -day workshop will be held on software to ensure all project participants have a common understanding of this critical aspect of the project. A tentative agenda for the workshop is as follows: • What is software and what is a software: system? • What are the generic functions of software? (e.g., user interface, data storage, data processing, communications, etc.) •. What are the ITS - specific functions of software? • What are the different types of software? (e.g., services, clients /applications, embedded, thin clients, etc.) • What are operating systems /environments and how do they affect software? • What is software integration and system. integration? • How are different software packages or modules integrated? • What are the practical limitations on software re -use and integration? • How is software developed or integrated? (e.g., requirements, architecture, design, prototyping, coding, testing, configuration management, etc.) • How do separate software systems communicate? • How can non -ITS commercial software be used in ITS? Cupertino Interchange Improvements Page 2 -7 Ramp Meter Signal /Arterial Traffic Signal Interconnection Project - -SCOPE OF WORK (1 /05/01) DCS Associates What are the major standards used hi ITS software and communications? How do technology advances affect previously developed software? What is the state -ofahe -art and trends in software for ITS? The material discussed at the workshop will be focused on center -to- center communications. Numerous examples from real -world transportation systems can be presented and discussed. If feasible, working software will be available to demonstrate concepts. The workshop will not address the software procurement process,'but will prepare all parties for that next step. It will make participants comfortable with the vocabulary and concepts that must be used in subsequent software- related aspects of the project. The workshop will also give participants an appreciation of what is involved in ITS software development and integration, and an early look at some of the options available. Workshop notes will be distributed as a vTitten reminder of the key terms and concepts presented. Recommendations for further reading and resources will be provided.. The basic software procurement activities likely to be applicable to this project are as follows: • Define requirements • Develop evaluation criteria • Refine and approve detailed design and acceptance test plan • Perform software integration (modification, interfaces, installation, testing) • Monitor progress and perform risk management • Adjust the design, if needed to accommodate changes • Prepare documentation, .in stages if appropriate • On -going software maintenance and configuration management Software deployment for complex systems takes a long time, partly due to the software activities themselves, and partly due to the dependence on hardware installations. During that time, things change that impact the software. Examples include discovery of previously unidentified but critical requirements, changes made to the physical architecture or equipment design, changes in industry standards or third -party off - the -shelf software on which the design relied, and unforeseen evolution of new and better technologies or techniques that are desirable to adopt. One of the most difficult aspects of software procurement is managing such changes. A good procurement process recognizes the inevitabilit�i of such changes and proactively accommodates them. They are anticipated in every step of the .,process and mechanisms are provided for dealing with them. The software design may spell out the contracting terms, and it will make decisions as to general form, as this will determine the level of detail needed in the requirements definition. Deliverables: Workshop and workshop notes. Software Design Plan - draft and• final Cupertino Interchange. Improvements Page 2 -8 Ramp Meter Signal /Arterial Traffic Signal Interconnection Project - -SCOPE OF WORK (1105101) DKS Associates Software Requirements' It will be very important to detail out the requirements for the software in terms of the actual data exchange requirements. This will provide the overall system definition from which software requirements will be derived. It is highly desirable that the selected software be based on well- supported and open standards for user and system interfaces. This will facilitate training, support, and future expansion or enhancement. Key interfaces that should use popular standards include the operating system, the user interface (look and feel), communications with field equipment, and communications with other systems. The NTCIP and related efforts have defined communications standards for ITS. As far as is practical, the software should support such standards. Deliverables: Report on Software Requirements — draft and final Functional Specifications Once the detailed requirements for the software's functionality are approved by the City and Caltrans, we will prepare the detailed functional specifications for the software. This will include the real nuts and bolts of what it will take to develop any new software, or modify existing software to accommodate the requirements. It is at this stage that the DKS Team will need to work closely with the City to determine the level of effort it will take to develop the software, and if need be determined whether 'or not there is adequate budget and/or schedule in the project for the software development. If it is determined that there will not be adequate budget and/or schedule for the software development, we will propose alternatives in the functional specifications that may potentially satisfy the requirements, but in a more scaled down implementation. Additionally, it may be determined at this stage that certain functionalities wilt need to be implemented at a later time to keep in line with the available funding and resources. Any functionalities that are taken off for a later implementation will be kept in the functional specifications and documented accordingly. Deliverable: Functional Specifications for the software — draft and final. Hardware Requirements As part of the Software design, it will be important to prepare detailed specifications on the hardware that is necessary for a successful system implementation. Some of the items that will need detailed specifications include: -• Servers • Computers and Workstations • Data Switches or Hubs • Cablings and connectors • Network connections (LAN or WAN) • Other Cupertino Interchange Improvements Page 2-9 Ramp Meter Signal /Arterial Traffic Signal Interconnection Project -- -SCOPE OF WORK (1 105 101) DKS Associates It is anticipated that for the most part this project will utilize hardware that is off - the - shelf, However, in the event the software requirements dictate specialized hardware, we will identify those special components during the preparation of these requirements. Deliverable: Hardware requirements — draft and final. System Testing /Acceptance Procedures We will prepare the System's testing and acceptance requirements for use during the implementation stage of the project. We will determine the appropriate elements that will need to be tested and the appropriate testing levels that will constitute an element as passing or failing a test. Some of the testing procedures will be for the following elements* • Confirming software requirements • Confirming communication network transmissions • Verification of data exchange of software objects • Verification of compliance with standards The testing and acceptance requirements will detail out the specific steps that one will need to carry out when testing a particular component. _ We will prepare test sheets ready for documenting the test results and appropriate troubleshooting techniques to rectify any failed tests. Deliverable: System Testing and Acceptance Requirements —draft and final. Software Development Depending on the end user's needs and the requirements, this effort will not commence until all parties are in agreement of what software development is needed. During the software development process, the DKS Team will be ;responsible for the staged testing of the software through its development and implementation. If need be for the project, we will provide interim deliverables to track the status of the development in the form of screen shots and progress reports. It will be important to continuously check the actual software coding against the functional requirements, and if necessary .allow for minor changes and revisions to the specifications to facilitate the development without sacrificing any of the necessary functions and features. If the specifications require 'revisions, the testing and acceptance procedures will also need to be revised to reflect the changes. Deliverable: Software for the data exchange network. Cupertino Interchange Improvements page 2_10 Ramp Meter Signal /Arterial Trade Signal Interconnection Project —SCOPE OF WORK (1105101) DKS Associates Task 4: System 'Implementato ®n This task will consist of the following sub - tasks for the final stages of the project: • System integration • Construction support • Acceptance testing • System evaluation • Training This task will not commence until DKS receives a written notice to ' proceed. The system integration will occur shortly toward the end of the software development and construction efforts. Once the integration is complete, we will conduct the acceptance testing and the system evaluation. System Integration At the near completion of the software development and construction, we will integrate the system components. This will involve work at both the City's and Caltrans TOC. Some of the elements will include the installation of computers, performing diagnostics, setting up system elements and performing the overall integration. Additionally, as part of the system integration, we will coordinate with Caltrans staff on the implementation of their software to where it is fully integrated into the data exchange network. Deliverable: Reports on the status of the system integration. Construction Support DKS will provide the City of Cupertino with assistance during the post design and construction period. The service we will provide under this task typically include but is not limited to the following: • Bidding Assistance -- Bid Addenda Preparation • Pre bid meetings • Pre- Construction Meeting • Review Submittals and respond to RFN • Assistance with Change Orders • Field Visits /Construction Meetings DKS will also assist the City in the preparation of any Contract Change Orders (CCOs) if necessary. Depending on the magnitude of the CCOs, revisions to this Work Plan may be necessary. We will seek written authorization from the City prior to commencing with preparing CCOs if deemed applicable. Cupertino Interchange Improvements Page 2 -11 Ramp Meter Signal /Arterial Traffic Signal Interconnection Project - -SCOPE OF WORK (1103101) DKS Associates During the Post Construction. -stage DKS will assist the City and /or Caltrans with the acceptance of the improvements. In addition, we will help the City prepare "punch- lists" (a list of problems or uncompleted work for the contractor) to verify that the contractor has completed every aspect of construction. Once all the punch -list items have been completed, DKS will compile all the design changes that occur during construction into an "as- built" set of plans. Deliverables:- Punchlists, review of submittals, and as- built.plans. Acceptance Testing We will evaluate the performance of the system under this subtask. This will involve technical assessments of the equipment and operational assessment of the effectiveness of the system in influencing and accommodating travel behavior. This task is a technical assessment of the communications network and software implementation. We will :use the testing and acceptance procedures as prepared under Task 3, Software Design. If necessary, we will quantify the quality of performance of each element installed in the field. Again, this is largely- a technical assessment of the quality of signals passed between elements. For messages to the central location that would .normally be expected to be initiated by the field equipment or another's central system, such as reporting congestion conditions, the appropriate conditions will be created at the field site, and tests conducted to confirm that the message is sent and received. For example, if a fault alarrn is designed to be triggered at a predetermined volume threshold, we will simulate this threshold and verify that the . alarm is generated. Utilizing some potential enhancements to the central system such as automatic alarm paging, we may be able to test the automatic generation of a page due to an alarm, and tie this into Caltrans TOC for their engineers to view through their cameras, or to the City's TOC for some other method of confirmation. Deliverable: Acceptance testing results and recommendations for acceptance. Training This sub -task will consist of classroom and hands on training on the software package developed and implemented as part of this project. The training will be for City staff, conducted at City facilities. As part of the training, the City will :receive appropriate user manuals and any other pertinent documentation on the software package. A minimum. of 8 hours of training (classroom and hands on) will be conducted. Cupertino Interchange Improvements Page 2 -12 Ramp Meter SignalfArterial Traffic Signal Interconnection Project - -SCOPE OF WORK (1105101) i! 0 (n U), / ;£&& a \ \@} 00 3 U 07 M 3 3 3 0 £E \30 E; tn CD 2) C> _0 (D _0 (D 0 z 0 CD 0 c— C, 0 -n a- ,<D C- C - -% 0 0) �3 g CD F4 CD (n (D —, (D CD N 0 cn La M 2) CD 0 0 CD 0 ct 0 3 -u .0. CD 0 r-41 UJ /'UZ /U.1 10:J0 ria JlU ZU:0 llliv ualo naay.,i.naa.r Overall Cost Proposal EXHIBrr C COST BREAKDOWN OTHER DIRECT COSTS RMIN - a OWMAa Naztec - software supply Wiltec, Inc. Siemens - Gardner TOTAL OVERHEAD 0 158.479'0 $ 88,628.80 Total Labor + Overhead $ 141,236.86 Mailing, Courier, delivery $ 230.29 Fleproduction/Copying' $ 500.00' Telephone /Fax $ 300.00 Computer Time 45.00 hrs $ 1,125.00 Travel $ 400.00 Subsistence $ 200.00 TOTAL, OTHER DIRECT COSTS: $ 2,755.29 99x3178\Ramp Meter Cost Proposal_c DKS 5/2101 3:31 PM $ 182,989.23 S 33,410.00 $ 15,000.00 TOTAL. DIRECT COSTS: $ 143,992.15 FIXED FEE (10% OF COSTS): $ 14,399.21 TOTAL. SUBCONSULTANT COSTS: S 231,399.23 TOTAL. CONTRACT AMOUNT: S 389,790.59 99x3178\Ramp Meter Cost Proposal_c DKS 5/2101 3:31 PM EXHIBIT'D CERTIFICATION OF LOCAL AGENCY I HEREBY CERTIFY that I am the Director of Public Works of the City of Cupertino, and that the consulting firm of DKS Associates, or its representative has not been required (except as herein expressly stated), directly or indirectly, as an express or implied condition in connection with obtaining or carrying out this agreement to: (a) employ, retain, agree to employ or retain, any firm or person; or (b) pay or agree to pay, to any firm, person or organization, any fee, contribution, donation, or consideration of any kind. I acknowledge that this Certificate is to be made available to the California Department of Transportation (Caltrans) in connection with this agreement involving participation of Federal - Aid Highway funds, and is subject to applicable State and Federal laws, both criminal and civil. (Date) (Signature) EXHIBIT E CERTIFICATION OF CONSULTANT I HEREBY CERTIFY that I am the Principal and duly authorized representative of the firm of DKS Associates, whose address 1956 Webster Street, Ste. 3M, Oakland, CA 94612, and that, except as hereby expressly stated, neither I nor the above firin that I represent have: (a) employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or. person (other than a bona fide employee working solely for me or the above consultant) to solicit or secure this agreement; nor (b) agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person[ in connection .with carrying out the agreement; nor (c) paid; or agreed to pay, to any firm, organization, or person (other than a bona fide employee working solely for me or the above consultant) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out this agreement. I acknowledge that this Certificate is to be made available to the California Department of Transportation (Caltrans) in connection with this agreement involving participation of Federal -Aid Highway funds, and is subject to applicable State and Federal laws, both criminal and civil. (Date) (Signature) AV CERTIFICATE OF /Y LIABILITY INSURANCkD F4 � DATE(MM /DDY) - INSR LTR SAS _ 1 03/22/01 PRODUCER kienkins /Athens Ins Sacramento. License No. 0545478 P. O. Box 13847 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Sacramento CA 95853 LIMITS Phone: 916 -925 -2525 Fax: 916- 925 -3595 INSURERS AFFORDING COVERAGE _ INSURED INSURERA: Admiral Insurance Company INSURER B: Indemnity Ins Co of N. America s$1,000,000 A INSURER C: American States Insurance Co DKS Associates 1956 Webster Street #300 Oakland CA 94612 05/01/00 INSURERD: Republic Indemn. Co of America p INSURER E: Zurich American Insurance Co $ $ 500,000 MED, EXP (Any one person) THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM /DD/YY P LICY EXPIRATI N DATE MM /DD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE s$1,000,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR AOOAGO8586 05/01/00 05/01/01 FIRE DAMAGE (Any one fire) $ $ 500,000 MED, EXP (Any one person) $ $ 5,000 PERSONAL BADVINJURY $ $1,000,000 GENERAL AGGREGATE s$2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY P JECT RO LOC PRODUCTS - COMP /OP AGG $ $2,000,000 C AUTOMOBILE LIABILITY ANY AUTO 010E786940 05/01/00 05/01/01 COMBINED SINGLE LIMIT (Ea accident) $ $1,000,000 X BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN ACC AUTO ONLY: AGG $ $ B EXCESS LIABILITY OCCUR ❑ CLAIMSMADE XLXG20121002 05/01/00 05/01/01 EACH OCCURRENCE $ 5000000 X AGGREGATE $ 5000000 DEDUCTIBLE $ RETENTION $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY PC14773601 05/01/00 05/01/01 IUIH- X TORY LIMITS ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $ 1 , 000 , 000 OTHER E Professional EOC675855706 05/01/98 05/01/'01 $1000000 Per claim Liability $2000000 Agg DESCRIPTION OF OPERATIONS /LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTlSPECIAL PROVISIONS Re: Project #A99X3178, Cupertino Interchanges Ramp Meter Arterial Traffic Signal Interconnect. City of Cupertino, its engineer, directors, officers., agents and employees are named as Additional Insureds for liability only per the attached Forms CG2010 and CA0001. Primary Wording included. .10 day NOC will apply if cancelled for non - payment of premium. � v_F %I If -Ild1 I C nVLLJCR Y I ADDITIONAL INSURED; INSURER LETTER: A GANGELLATION CUPER -1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE,EXPIRATIO City of Cupertino DATE THEREOF, THE ISSUING INSURER WILL£NBI5W8Ri9MAIL 30 DAYS WRITTEN Public Works Department NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAIE!WRETO 08 Be Be Attn: Ray D. Chong City Hall, 10300 Torre Avenue Cupertino CA 95014 �• ACORD 25 -S (7197) © ACORD CORPORATION 1988 Y ,a GENERAL ENDORSEMENT COMMERCIAL GENERAL JCJABILITY COVERAGE PART In consideration of an additional premium of Included, it:is hereby understood and agreed that the following applies: ADDITIONAL INSURED- OWNERS, LESSEES OR CONTRACTORS - FORM B CG 20 10 1185 Check if applicable X City of Cupertino; its engineer, directors, officers, agents and employees. Re: Project #A99X3178, Cupertino Interchanges Ramp iyleter Arterial Traffic Signal Interconnect. WHO IS AN INSURED (Section II) is amended to include as an insured the RE: person or organization shown above, but only with respect to liability arising out of "your work" for that insured by or for you. PRIMARY (COVERAGE Check if applicable X With respect to claims arising out of the operations of the Named Insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the above Insured(s). Check if applicable X WAIVER OF SUBROGATION It is understood and agreed that the Company waives the right of subrogation against the above Insured(s), but only as respects the job or premises described in the certificate attached thereto. Check if applicable X CROSS LIABII:ITY CLAUSE The naming of more than one person, firm or corporation as insureds under this policy shall not, for that reason along, extinguish any rights of one insured against another., but this endorsement, and the naming of multiple insureds, shall not increase the total liability of the Company under this policy.' NOTICE OF CANCELLATION Check if applicableX It is understood and agreed that in the event of cancellation of the policy for any reason other than non- payment of premium, 30 days written notice will be sent to the certificate holder by mail. In the event the policy is cancelled for non - payment of premium, 10 days written notice will be sent to the above. POLICYNO: AOOAGO8586 POLICYTERM: 5/1/00 to 5/1/01 ISSUED TO DKS Associates INSURANCE COMPANY. Admiral Insurance Compare ISSUE DATE: 3/22701 Authorized Representative: Jere ns /Athens Insurance Services . b . S A F E C O° BUSINESS AUTO COVERAGE FORM CA 00 01 12 93 COMMERCIAL AUTO Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we," "us" and "our" refer*to the Company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION V - DEFINITIONS. SECTION I - COVERED AUTOS ITEM TWO of the Declarations shows the "autos" that are covered "autos" for each of your coverages._ The following numerical symbols describe the "autos" that may be covered "autos." The symbols entered next to a coverage on the Declarations designate the only "autos" that are covered "autos." A. DESCRIPTION OF COVERED AUTO DESIGNATION SYMBOLS SYMBOL DESCRIPTION .1 = ANY "AUTO." 2 OWNED "AUTOS" ONLY. Only those "autos" you own (and for Liability Coverage any "trailers" you don't own while attached to power units you own). This includes those "autos" you acquire ownership of after the policy begins. 3 = OWNED PRIVATE PASSENGER "AUTOS" ONLY. Only the private passenger "autos" you own. This includes those private passenger "autos" you acquire ownership of after the policy begins. 4 OWNED "AUTOS" OTHER THAN PRIVATE PASSENGER "AUTOS" ONLY. Only those "autos" you own that are not of the private passenger type (and for Liability Coverage any "trailers" you don't own while attached to power units you own). This includes those "autos" not of the private passenger type you acquire ownership of after the policy begins. 5 = OWNED "AUTOS" SUBJECT TO NO- FAULT. Only those "autos" you own that are required to have No -Fault benefits in the state where they are licensed or principally garaged. This includes those "autos" you acquire ownership of after the policy begins provided they are required to have No -Fault benefits in the state where they are licensed or principally garaged. 6 OWNED "AUTOS" SUBJECT TO - A COMPULSORY UNINSURED MOTORISTS LAW. Only those "autos" you own that because of the law in the state where they are licensed or principally garaged are required to have and cannot reject Uninsured Motorists Coverage. This includes those "autos" you acquire ownership of after the policy begins provided they are subject to the same state uninsured motorists requirement. .7 SPECIFICALLY DESCRIBED "AUTOS." Only those "autos" described in ITEM THREE of the Declarations for which a premium charge is shown (and for Liability Coverage any "trailers" you don't own while attached to any power unit described in ITEM THREE). 8 HIRED "AUTOS" ONLY. Only those "autos,, you lease, hire, rent or borrow. This does. not include any "auto" you lease, hire, rent, or borrow from any of your employees or partners or members of their households. 9 = NONOWNED "AUTOS" ONLY. Only those "autos" you do not own, lease, hire, rent or borrow that are used in connection with your business. This includes "autos" owned by your employees or partners or members of their households but only while used in your business or your personal affairs. 13. OWNED AUTOS YOU ACQUIRE AFTER THE POLICY BEGINS 1. If symbols 1,2,3,4,5 or 6 are entered next to a coverage in ITEM TWO of the Declarations, then you have coverage for "autos" that you acquire of the type described for the remainder of the Policy period. 2. But, if symbol 7 is entered next to a coverage in .ITEM TWO of the Declarations, an "auto you acquire will be a covered "auto" for that coverage only if: a. We already cover all "autos" that you own for that coverage or it replaces an "auto" you previously owned that had that coverage; and, b. You tell us within 30 days after you acquire it that you want us to cover it for that coverage. .d �G compulsory or financial responsibility law of the jurisdiction where the covered "auto" is being used. This extension does not apply to the limit or limits specified by any law governing motor carriers of passengers or property. (2) Provide the minimum amounts and types of other coverages, such as no- fault, required Of out of state vehicles by the jurisdiction where the covered "auto" is being used. We will not pay anyone more than once.for.the same elements of loss because of these extensions. B. EXCLUSIONS This insurance does not apply to any of the following: 1. EXPECTED OR INTENDED INJURY "Bodily injury" or "property damage" expected or intended from the standpoint of the "insured." 2. CONTRACTUAL Liability assumed under any contract or agreement. But this exclusion does not apply to liability for damages: a. Assumed in a contract or agreement that is an "insured contract" provided the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agreement; or b. That the "insured" would have in the absence of the contract or agreement. 3. WORKERS COMPENSATION Any obligation for which the "insured" or . the "insured's" insurer may be held liable under any workers compensation, disability benefits or unemployment compensation law'or any similar law. 4. EMPLOYEE INDEMNIFICATION AND EMPLOYER'S LIABILITY "Bodily injury to: a. An employee of the "insured" arising out of and in the course of employment by the "insured;" or b. The spouse, child, parent, brother or sister of that employee as a consequence of Paragraph a. above. This exclusion applies: (1) Whether the "insured" may be liable. as. an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. CA 00 01 12 93 COMMERCIAL AUTO But this exclusion does not apply to "bodily injury" to domestic employees not entitled to viorkers compensation benefits or to .liability assumed by the "insured" under an "insured contract." 5. FELLOW EMPLOYEE "Bodily injury" to any fellow employee of the "insured" arising out of and in the course of the fellow employee's employment. 6. CARE, CUSTODY OR CONTROL "Property damage" to or "covered pollution cost or expense" involving property owned or transported by the "insured" or in the "insured's" care, custody or control. But this exclusion does not apply to liability assumed under a sidetrack agreement. 7. HANDLING OF PROPERTY "Bodily injury" or "property damage" resulting from the handling of property: a. Before it is moved from the place where it is accepted by the "insured" for movement into or onto the covered "auto;" or b. After it is moved from the covered "auto" to the place where it is finally delivered by the "insured." 8. MOVEMENT OF PROPERTY BY MECHANICAL DEVICE "Bodily injury" or "property damage" resulting from the movement of property by a mechanical device (other than a hand truck) unless the device is attached to the covered "auto." 9. OPERATIONS "Bodily injury" or "property damage" arising out of the operation of any equipment listed in paragraphs 6.b. and 6.c. of the definition of "mobile equipment." 10. COMPLETED OPERATIONS "Bodily injury" or "property damage" arising out of your work after that work has been completed or abandoned. In this exclusion, your work means: a. Work or operations performed by you or on your behalf; and b. Materials, parts or equipment furnished in connection with such work or operations. „__Your_work includes _warranties..or representations made at any time with respect to the fitness, quality, durability or performance of any of the items included in paragraphs a. or b. above. endorsement, Uninsured Motorists Coverage endorsement or Underinsured Motorists Coverage endorsement attached to this Coverage Part. SECTION III - PHYSICAL DAMAGE COVERAGE A. COVERAGE 1. We will pay for "loss" to a covered "auto" or its equipment under: a. . Comprehensive Coverage. From any cause except: (1) The covered "auto's" collision with another object; or (2) The covered "auto's" overturn. b. Specified Causes of Loss Coverage. Caused by: (1) Fire, lightning or explosion; (2) Theft; (3) Windstorm, hail or earthquake; (4) Flood; (5) Mischief or vandalism; or (6) The sinking, burning, collision or derailment of any conveyance transporting the covered- "auto." c. Collision Coverage. Caused by: . (1) The covered "auto's" collision with another object; or (2) The covered "auto's" overturn. 2. Towing. We will pay up to the limit shown in the Declarations for towing and labor costs incurred each time a covered "auto" of the private passenger type ,is disabled. However, the labor must be performed at the place of disablement. 3. Glass Breakage - Hitting a Bird or Animal - Falling Objects or Missiles. If you carry Comprehensive Coverage for the damaged covered "auto," we will pay for the following under Comprehensive Coverage: a. Glass breakage; b. "Loss" caused by hitting a bird or animal; and c. "loss" caused by falling objects or missiles. However, you have the option of having glass breakage caused by a covered "auto's" collision or overturn considered a "loss" under Collision Coverage. 4. . Coverage -.Extension. We..will_pay. up to $15 per day to a maximum of $450 for transportation expense incurred by you because of the total theft of a covered "auto of the private passenger type. We will pay only for those covered "autos" CA 00 01 12 93 COMMERCIAL AUTO for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for transportation expenses incurred during the .period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or use pay for its 'loss.,, B. EXCLUSIONS 1. We will not pay for "loss,, caused by or resulting from any of the following. Such. "loss,, is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the "loss." a. Nuclear Hazard. (1) The explosion of any weapon employing atomic fission or fusion; or (2) Nuclear, reaction or radiation, or radioactive contamination, however caused. b. War or Military Action. (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power or action taken by governmental authority in hindering or defending against any of these. 2. We will not pay for "loss" to any'covered "auto while used in any professional or organized racing or demolition contest or stunting activity, or while practicing for such contest or activity. We will also not pay for "loss" to any covered "auto" while that covered "auto" is being .prepared for such a contest or activity. 3. We will not pay for "loss" caused by or resulting from any of the following unless caused by other . "loss" that is covered by this insurance. a. Wear and tear, freezing, mechanical or electrical breakdown. b. Blowouts, punctures or other road damage to tires. 4. We will not pay for "loss" to any of the following: a. Tapes, records, discs or other similar audio, visual or date electronic devices designed for use with audio, visual or data electronic equipment. b. Equipment designed or used for the detection or location of radar. V P.O.# CONTRACT AMOUNT $ 649.439.00 ACCOUNT NO. 420 - 9535 -7014 AGREEMENT THIS AGREEMENT, made and entered into this 6'- day of `- , 2001, by and between the CITY OF CUPERTINO, a municipal corporation of Cal ifornia, hereinafter referred to as "CITY ", and DKS Associates, a consulting firm with offices at 1956 Webster Street, Suite 300, Oakland, CA 94612-293 1, hereinafter referred to as "CONSULTANT "; WITNESSETH: WHEREAS, CITY desires to retain traffic engineering services in conjunction with the Cupertino Adaptive Traffic Signals Control Project; and WHEREAS, CITY desires to engage CONSULTANT to provide these services by reason of its qualifications and experience for performing such services, and CONSULTANT has offered to provide the required services on the terms and in the manner set forth herein; NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree as follows: DEFINITIONS. (a) The word "City" as used in this agreement shall mean and include all the territory lying within the municipal boundaries of the City of Cupertino, California, as presently existing, plus all territory which may be added thereto during the term of this agreement by annexation or otherwise. (b) The term "City Manager" shall mean the duly appointed City Manager of the City of Cupertino, California, or his designated representative. (c) The term "City Attorney" shall mean the duly appointed City Attorney of the City of Cupertino, California, or his designated representative. (d) The term "City Clerk" shall mean the duly appointed City Clerk of the City of Cupertino, California, or her designated representative. (e) The term "FHWA" shall mean the Federal Highway Administration. (f) The term "State" shall mean the State of California Department of Transportation. CONSULTANT CONTRACT ADMINISTRATION. (a) City. The City Manager shall be representative of CITY for all purposes under this agreement. Ralph A. Qualls, Jr. hereby is designated as the CONTRACT ADMINISTRATOR for the City Manager, and shall supervise the progress and execution of this agreement. (b) Consultant. CONSULTANT shall assign a single PROJECT MANAGER to have overall responsibility for the progress and execution of this agreement for CONSULTANT. Kevin Aguigui is hereby is designated as the PROJECT MANAGER for CONSULTANT. Should circumstances or conditions subsequent to the execution of this agreement require a substitute PROJECT MANAGER for any reason, the PROJECT MANAGER designee shall be subject to the prior written acceptance and approval of the CONTRACT ADMINISTRATOR. DESCRIPTION OF WORK. (a) Services to be Furnished. CONSULTANT shall provide all specified services as set forth in the following documents: (1) CITY's "Request for Proposal (RFP) and Addendum for the Cupertino Adaptive Traffic Signals Control Project, dated November 1 and 16, 2000, attached by reference as Exhibit A. (2) CONSULTANT's "Proposal to Provide Design Engineering Services for Cupertino Adaptive Traffic Signals Control Project, dated February 13, 2001, attached by reference as Exhibit B. (b) Laws to be Observed. CONSULTANT shall: (1) Procure all permits and. licenses, pay all charges and fees, and give all notices which may be necessary and incident to the due and lawful prosecution of the services to be performed by CONSULTANT under this agreement. (2) Keep itself fully informed of all existing and future federal, state, and local laws, ordinances, regulations, orders, and decrees which may affect those engaged or employed under this agreement, any materials used in CONSULTANT's performance under this agreement, or the conduct of the services under this agreement. (3) At all times, exercise clue professional care to observe and comply with, and cause all of its subconsultants and employees, if any, to observe and comply with all of said laws, ordinances, regulations, orders, and decrees mentioned above; (4) Immediately report to the CONTRACT ADMINISTRATOR in writing any discrepancy or inconsistency it discovers in said laws, ordinances, regulations, orders, and decrees mentioned above in relation to any plans, drawings, specifications, or provisions of this agreement. (c) Release to Reports and Information. Any 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, under this agreement without the prior written approval of the City Manager. (d) Qualifications of CONSULTANT. CONSULTANT represents that it is qualified to furnish the services described under this agreement. 4. TIME OF BEGINNING AND COMPLETION. CONSULTANT shall begin work after letter of notification has been sent to the CONSULTANT from the CITY. Work will be completed by January 31, 2003. PAYMENTS. The basis of payment for the services provided by the CONSULTANT under this agreement shall be computed as cost plus fee rates. (a) The CITY shall reimburse the CONSULTANT on a time and expenses basis for actual cost plus fixed fee (including labor costs, employee benefits, overhead, profit, and other direct costs plus fixed fee) incurred by the CONSULTANT in performance of the work, in an amount not to exceed $804,887.77. 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 CONSULTANT's headquarters which is hereby designated 1956 Webster Street, Suite 300, Oakland, CA 94612 -2931. 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 $649,439.00. The CONSULTANT's cost proposal is stated in the following documents: (1) Consultant's "Cost Proposal ", dated February 13, 2001, attached as Exhibit B. 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. For the purpose of determining compliance with Public contract Code Section 10115, et seq, and Title 21, California Code of Regulation, Chapter 21, Section 2500 et seq, when applicable and other matters connected with the performance of the contract pursuant to Government Code Section 8546.7, the CONSULTANT, subCONSULTANT, and the CITY shall maintain all books, documents, papers, accounting records, and other evidence pertaining to the performance of the contract, including but not limited to, the costs of administering the contract. All parties shall make such materials available at their respective offices at all reasonable times during the contract period and for three years from the date of final payment under the contract. The CITY, State, the State Auditor, FHWA or any duly authorized representative of the Federal Government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of the CONSULTANT that are pertinent to the contract for evaluations, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested. article. Any subcontract, entered into as a result of this contract, shall contain all the provisions of this 7. COST PRINCIPLES. (a) The CONSULTANT agrees that the Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31 et seq., shall be used to determine the allowability of individual items of cost. (b) The CONSULTANT also agrees to comply with Federal procedures in accordance with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. (c) Any costs for which payment has been made to CONSULTANT that are determined by subsequent audit to be unallowable under 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31 et seq., or 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, are subject to repayment by CONSULTANT to CITY. (d) Any subcontract, entered into as a result of this contract, shall contain all the provisions of this article. (e) 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 any other consideration contingent upon or resulting from the award or formation of this agreement. For breach or violation of this warranty, the CITY shall 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. DESIGN STANDARDS. The CONSULTANT shall provide services that conform with the appropriate standards for design or other standards for work performance as stipulated as follows: (1) Caltrans' Highway Design Manual (2) Caltrans' Traffic Manual (3) National Transportation Communications for ITS Protocol (4) National Intelligent Transportation Systems Architecture DOCUMENTS. The CONSULTANT shall document the results of the work to the satisfaction of the CITY and, if applicable, the State and FHWA. This may include preparation of progress and final reports, plans, specifications and estimates, or similar evidence of attainment of the agreement objectives. (a) Ownership of Documents. The tracings, plans, specifications, and maps prepared as instruments of professional services or obtained under 1�he 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 he made available, upon request, to the CITY without restriction or limitation on their use. The CONSULTANT shall not be responsible for CITY's modification to its instruments of professional services or for their re--use on other projects. 10. CHANGES IN WORK. All changes and /or extra work shall be performed and paid for in accordance with the following: (a) Only the City Engineer or City Council may authorize extra and /or changed work. CONSULTANT expressly recognizes that other City personnel are without authorization to either order extra and /or changed work or waive contract requirements. Failure of CONSULTANT to secure the Council's or City Engineer's prior written authorization for such extra and /or changed work shall constitute a waiver of any and all right to adjustment in contract price due to such unauthorized work and CONSULTANT thereafter shall be entitled to no compensation whatsoever for performance of such work. (b) If the CONSULTANT is of the opinion that any work he has been directed to perform is beyond the scope of this agreement and constitutes extra work, he shall promptly notify the CITY of the fact. The CITY shall make a determination as to whether or not such work is, in fact, beyond the scope of this Agreement and constitutes extra work. In the event that the CITY determines that such work does constitute extra work, it shall provide extra compensation to the CONSULTANT on a fair and equitable basis. A supplemental agreement providing for such compensation for extra work shall be negotiated between the CITY and the CONSULTANT. Such supplemental agreement shall be executed by the CONSULTANT and be approved by the necessary 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 staffs determination is received by the CONSULTANT. Said written appeal shall include a description of each and every ground upon which CONSULTANT challenges the staff s determination. 11. DELAYS AND EXTENSIONS. The CITY shall consider an appropriate extension of time in case of unavoidable delays and for consideration of corresponding warranted adjustments in payment. In the event that the services called for under this agreement are not completed within the time specified above, the City Manager shall have the option to extend the time for completion. This paragraph does not preclude the recovery of damages for delay by either party. Neither party shall be responsible for delays from causes beyond its reasonable control. 12. TERMINATION OR ABANDONMENT. (a) Right to Suspend or Terminate. Either party may suspend or terminate this agreement for any reason by giving thirty (30) days' written notice. Upon receipt of such notice CONSULTANT shall immediately discontinue his performance under this agreement. The City Manager shall have the authority to suspend this agreement, wholly or in part, for such period as he deems necessary due to unfavorable conditions or to the failure on the part of the CONSULTANT to perform any provision of this agreement. (b) Payment. Upon such suspension or termination, CONSULTANT shall be paid for all services actually rendered to CITY to the date of such suspension or termination; provided, however, if this agreement is suspended or terminated for fault of CONSULTANT, CITY shall be obligated to compensate CONSULTANT only for that portion of CONSULTANT services which are of benefit to CITY. (c) Return of Materials. Upon such suspension or termination, CONSULTANT shall turn over to the City Manager immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by CONSULTANT or its subconsultants, if any, or given to CONSULTANT or its subconsultants, if any, in connection with this agreement. Such materials shall become the permanent property of CITY. CONSULTANT, however, 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. (d) General Conditions: Early Termination. I . In the event the contract is tenninated for the convenience of the CITY, the CONSULTANT shall be paid for the percentage of the work completed, relative to the total work effort called for under this contract, and for termination costs. 2. Within 30 days of the date the CONSULTANT is notified of early termination for the convenience of the CITY, the CONSULTANT shall prepare and submit to the Contract Manager, for approval, two separate supplemental costs proposals: 1) A final revised cost proposal for all project related costs to the revised termination date, and 2) A cost proposal specifically addressing the termination settlement costs only. (e) Consultant's Deliverables Under Early Termination. Consultant shall provide all project - related documents and correspondence required as part of the Scope of Services /Deliverables or included in Task Orders. Project- related documents shall be described, listed and identified as part of the final revised cost proposal. Project- related documents shall include all documents that are in complete and final form and which have been accepted as complete by the CITY, or documents in draft and /or incomplete form for those deliverables which are in progress by the CONSULTANT and have not been accepted as complete. All documents must be received and accepted before the settlement cost invoice is paid. (f) Invoice Submittal Under Early Termination. Separate final invoices for project- related costs and termination settlement costs shall be submitted no later than thirty (30) calendar days after the date the CONSULTANT is notified of acceptance of the final cost proposals by the Contract Manager. The invoice for termination settlement costs shall include the following, to the extent they are applicable: lease termination costs for equipment and facilities approved under the terms of the contract; equipment salvage costs for equipment valued over $500; rental costs for unexpired leases, less the residual value of the lease; cost of alterations and reasonable restorations required by the lease; settlement expenses, e.g. accounting, legal, clerical, storage, transportation, protection and disposition of property acquired or produced under the contract, indirect costs, such as payroll taxes, fringe benefits, occupancy costs, and immediate supervision costs related to wages and salaries, incurred as settlement costs. (g) Termination issued for Subconsultants, Materialmen, Etc. The CONSULTANT shall notify any subconsultant and service or supply vendor providing services under this contract of the early termination date of this contract. Failure to notify any subconsultant and service or supply vendor shall result in the CONSULTANT being liable for the termination costs incurred by any subconsultant and service or supply vendor for work performed under this contract, except those specifically agreed to in the termination notice to the CONSULTANT. (h) Cost Principles Under Early Termination. Termination settlement expenses will be reimbursed in accordance with 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31. Subpart 31.205 -42 (c) dealing with initial costs is not applicable to architectural and engineering contract terminations. (i) Adjustment of Fixed Fee Under Early 'Termination. The fixed fee will be adjusted as determined by the Contract Manager in accordance with the guidelines established in 48 CFR Chapter 1, Section 45.305 -1. 0) Consultant Claims Under Early Termination. CONSULTANT agrees to release the CITY from any and all further claims for services performed arising out of this contract or its early termination, upon acceptance by CONSULTANT of payment in the total amount agreed upon as full and final payment of its costs from performance and early termination of this contract. 13. REMEDIES Upon a breach or default of any of the terms or obligations of this Agreement by CONSULTANT, the CITY shall be entitled to exercise all rights and remedies hereby reserved under this agreement or made available under applicable laws. 14. RESPONSIBILITY FOR CLAIMS AND LIABILITY (INDEMNIFICATION). CONSULTANT hereby agrees to indemnify and save harmless CITY, its officers, agents, and employees of and from: (a) Any and all damages to or destruction of the property of CITY, its officers, agents, or employees occupied or used by or in the care, custody, or control of CONSULTANT caused by any negligent act, error, or omission of CONSULTANT or any subconsultant under this agreement or of CONSULTANT's or any subconsultant's employees or agents. (b) Any and all claims and demands which may be made against CITY, its officers, agents, or employees by reason of any injury to or death of or damage suffered or sustained by any employee or agent of CONSULTANT or any subconsultant under this agreement, to the extent caused by any negligent act, error or omission of CONSULTANT, excepting, however, any such claims and demands which are the result of the negligence or willful misconduct of CITY, its officers, agents, or employees. (c) Any and all penalties imposed or damages sought on account of the violation of any law or regulation or of any term or condition of any permit by C- ONSULTANT, to the extent caused by any negligent act, error or omission of CONSULTANT. (d) The CONSULTANT is not responsible for the accuracy of data from any other sources or from conclusions reached as a result of utilizing information supplied by third persons. (e) The CITY agrees to provide legal defense to challenges of the adequacy and completeness of the services provided. The CONSULTANT shall assist the CITY in responding to such challenges. If it is subsequently ruled by a court of jurisdiction that errors of facts, procedures, or scope have occurred and that these errors and /or omissions were the result of the CONSULTANT's own negligent professional services, then the CONSULTANT shall be responsible for providing whatever remedies may be required to make the analysis adequate and complete. 15. GENERAL COMPLIANCE WITH LAWS AND WAGE RATES. The CONSULTANT shall comply with all Federal, State, and local laws and ordinances applicable to the work. This includes compliance with prevailing wage rates and their payment in accordance with California Labor Code, Section 1775. (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 exceeding $25,000 in cost shall contain all required provisions of the prime contract. (1) Assignment. Both parties shall give their personal attention to the faithful performance of this agreement and shall not assign, transfer, convey, or otherwise dispose of this agreement or any right, title, or interest in or to the same or any part thereof without the prior written consent of the other party, and then only subject to such terms and conditions as the other party may require. A consent to one assignment shall not be deemed to be a consent to any subsequent assignment. Any assignment without such approval shall be void, and, at the option of the other party, shall terminate this agreement and any license or privilege granted herein. This agreement and any interest herein shall not be assignable by operation of law without the prior written consent of the other party. (2) Subconsultants; Employees. CONSULTANT shall be responsible for employing or engaging all persons necessary to perform the services of CONSULTANT hereunder. No subconsultant of CONSULTANT will be recognized by CITY as such; rather, all subconsultants are deemed to be employees of CONSULTANT, and it agrees to be responsible for their performance. CONSULTANT shall give its personal attention to the fulfillment of the provisions of this agreement by all of its employees and subconsultants, if any, and shall keep the work under its control. If any employee or subconsultant of CONSULTANT fails or refuses to carry out the provisions of this agreement or appears to be incompetent or to act in a disorderly or improper manner, he shall be discharged immediately from the work under this agreement on demand of the CONTRACT ADMINISTRATOR. (b) Consultant's Endorsement on Plans, Specifications, & Estimates /Other Data. The responsible CONSULTANT /engineer shall sign all plans, specifications, estimates, and engineering data furnished by him /her and where appropriate, indicate his /her registration number. (c) Disadvantaged Business Enterprise Considerations. CONSULTANT has given consideration to DBE firms as specified in 23 CFR 172.5(e) and has met requirements in the provisions of Title 49, Part 23, Code of Federal Regulations (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 Disadvantaged Business Enterprises (DBEs) have the opportunity to participate in federally- funded, transportation projects. The agency has established a goal of 10% DBE participation in this consultant contract. In order to meet these requirements, the following criteria have been established: Participation by Caltrans' certified DBEs as a prime consultant or sub - consultants in this contract, or 2. A good faith effort by the prime consultant in trying to secure participation by DBEs prior to award of this contract. Documentation of a good faith effort is to be submitted in writing and consists of the following: a. A list of Caltrans' certified DBEs solicited. b. Description of efforts to use the services of available minority community organizations; minority contracting groups; women contractor groups; and local, State, and Federal minority business assistance centers in the recruitment and placement of DBEs including name of contact, date of contact, and information they provided. C. Identification of the portions of the work to be performed by DBEs, including type of work and dollar value. d. Documentation of good faith negotiations between subcontractors and interested DBEs, including names and dollar value of all bids. 16. INSPECTION. CONSULTANT shall furnish CITY with every reasonable opportunity for CITY to ascertain that the services of CONSULTANT are being performed in accordance with the requirements and intentions of this agreement. All work done and all materials furnished, if any, shall be subject to the CONTRACT ADMINISTRATOR's inspection and approval. The inspection of such work shall not relieve CONSULTANT of any of its obligations to fulfill its agreement as prescribed. 17. INDEPENDENT JUDGMENT. Failure of CITY to agree with CONSULTANT'S independent findings, conclusions, or recommendations, if the same are called for under this agreement, on the basis of difference in matters of judgment shall not be construed as a failure on the part of CONSULTANT to meet the requirements of this agreement. 18. NOTICES. All notices hereunder shall be given in writing a.nd mailed, postage prepaid, by certified mail, addressed as follows: TO CITY: Ralph A. Qualls, Jr. Contract Administrator City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 TO CONSULTANT: Kevin Fehon Principal DKS Associates 1956 Webster Street, Suite 300 Oakland, CA 94612-2931 19. INTEREST OF CONSULTANT. CONSULTANT covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services hereunder. CONSULTANT further covenants that, in the performance of this agreement, 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 D. (b) Certification of Consultant, attached as Exhibit E. 21. INSURANCE. CONSULTANT, at its sole cost and expense, shall obtain and maintain in full force and effect throughout the entire term of this agreement, the insurance coverage of at least an "A" rating as determined in accordance with the Best's Guide Rating, and class VII in financial rating, insuring not only CONSULTANT, but also (with the exception of workers' compensation and employer's liability insurance), CITY, its officers, agents, and employees, and each of them with respect to activities and services performed by CONSULTANT for or on behalf of CITY under the provisions of this agreement. Certificates of such insurance, on the forms provided by CITY, shall be filed with CITY concurrently with the execution of this agreement attached as Exhibit F -1 to F -7. With the exception of 9 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 fling with the City Clerk thirty (30) days written notice of such cancellation or alteration, and that the City of Cupertino is named as an additional insured. Current certificates of such insurance shall be kept on file at all times during the term of this agreement with the City Clerk. 22. WORKERS' COMPENSATION. CONSULTANT certifies that it is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for workers' compensation or to undertake self - insurance in accordance with the provisions of that Labor Code, and it certifies that it will comply with such provisions before commencing the performance of the work of this agreement. 23. AGREEMENT BINDING. The terms, covenants, and conditions of this agreement shall apply to, and shall bind the heirs, successors, executors, administrators, assigns, and subconsultants of both parties. 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 Practices Act or similar provisions of federal law or executive order in the performance of this agreement, it shall thereby be found in material breach of this agreement. Thereupon, CITY shall have the power to cancel or suspend this agreement, in whole or in part, or to deduct from the amount payable to CONSULTANT the sum of Twenty -five Dollars ($25) for each person for each calendar day during which said person was discriminated against, as damages for said breach of contract, or both. Only a finding of the State of California Fair Employment Practices Commission or the equivalent federal agency or officer shall constitute evidence of a violation of contract under this paragraph. If CONSULTANT is found in violation of the nondiscrimination provisions of this agreement or the applicable affirmative action guidelines pertaining to this agreement, CONSULTANT shall be found in material breach of this agreement. Thereupon, CITY shall have the power to cancel or suspend this agreement, in whole or in part, or to deduct from the amount payable to CONSULTANT the sum of Two 10 Hundred Fifty Dollars ($250) for each calendar day during which CONSULTANT is found to have been in such noncompliance as damages for said breach of contract, or both. 27. AGREEMENT CONTAINS ALL UNDERSTANDINGS. This document represents the entire and integrated agreement between CITY and CONSULTANT and supersedes all prior negotiations, representation, or ,agreements, either written or oral. This document may be amended only by written instrument, signed by both CITY and CONSULTANT. All provisions of this agreement are expressly made conditions. This agreement shall be governed by the laws of the State of California. IN WITNESS WHEREOF, CITY and CONSULTANT have executed this agreement the day and year first written above. ATTEST: City Clerk APP OV D AS TO M: ty Attorney DKS Associates Consultant Name 1956 Webster Street, Suite 300 Address Oakland, CA 94612-2931 City, State, ZIP (510) 763 -2061 Telephone Social Security Number or Tax Identification Number 94-2583153 CITY 917 CUPERTINO Mayor LIST OF EXHIBITS Exhibit Title A City's "Request for Proposal and Addendum — Cupertino Adaptive Traffic Signals Control Project ", dated November 1 and 16, 2000. B Consultant's "Cost Proposal ", dated April 5, 2001. C Consultant's "Project Work Scope ", dated January 5, 2001 D Certification of Local Agency E Certification of Consultant F -1 Insurance Agreement F -2 Certificate of Insurance F -3 Endorsement of Primary Insurance F -4 Additional Insured Endorsement F -5 Comprehensive General Liability Commercial General Liability Endorsement of Aggregate Limits of Insurance per project F -6 Waiver of Subrogation Endorsement Worker's Compensation Insurance F -7 Notice of Policy Cancellation Endorsement ciry of CUPERTINO November 1, 2000 �xnlb�tt4 10300 Torre Avenue Cupertino, CA 95014 -3255 (408) 777 -3354 Fax: (408) 777 -3333 Department of Public Works File No. 74,001.29 SUBJECT: REQUEST FOR PROPOSALS (RFP) for TRAFFIC ENGINEERING SERVICES for the CUPERTINO ADAPTIVE TRAFFIC SIGNALS CONTROL SYSTEM. PROJECT Dear Sir or Madam: The City of Cupertino is requesting proposals from qualified firms to provide traffic engineering services for the Cupertino Adaptive Traffic Signal Control System Project. Submittal Instructions: Interested firms must submit seven (7) copies of their proposal to: Raymond Chong, City Traffic Engineer, City of Cupertino, 10300 Torre Avenue, Cupertino, CA 95014. The deadline for submittal is Thursday, November 30, 2000 at 2:00 p.m. Incomplete or late submittals may be rejected. Project Background/Description: The goal of this project is to improve traffic flows on the City's Metropolitan Transportation System (MTS) regional arterials (De Anza Boulevard, Stevens Creek Boulevard, and Wolfe Road) and a local arterial corridor (Homestead Road). The project will continuously deploy coordinated adaptive traffic signal timing plans for 38 traffic signals. It will provide a high level of transportation system management for the arterial corridors in Cupertino. As lead agency, Cupertino will cooperate with Caltrans and cities of San Jose, Sunnyvale and Saratoga to adequately address the traffic congestion issue. During peak hours, the De Anza Boulevard, Stevens Creek Boulevard, Wolfe Road and Homestead Road arterial corridors have periods of severe congestion. Cupertino wants to effectively manage and coordinate the traffic flows in real time. An adaptive traffic signals control system shall be fully responsive to varying traffic flow conditions. Project benefits include timesavings and better levels of service on arterial corridors. The scope of work for the project will generally include: develop adaptive traffic control system software; integrate with "Streetwise" Advanced Traffic Management System at the Cupertino Traffic Operations Center, install system hardware including "smart" traffic data collection stations and system detectors; and retimings of arterial traffic signals. Work at the interchanges will require an encroachment permit from Caltrans. Printed on Recycled Paper W November 1, 2000 Request for Proposals: Cupertino Adaptive Traffic Signals Control System Project Page 2of8 The adaptive traffic signals control system must also be compatible with the City's new "StreetWise" Advanced Traffic Management System software by Naztec, Inc. Naztec 900 traffic signal controllers operate the arterial traffic signals. The adaptive traffic signals control system shall comply with National Transportation Communications for Intelligent Transportation System Protocol (NTCIP). In the year 2000, the City has successfully retimed traffic signals for better coordination on De Anza Boulevard, Stevens Creek Boulevard, Wolfe Road and Homestead Road as part of arterial management projects. Several other transportation improvement projects are either in planning or underway on both the arterials and interchanges. Traffic safety improvements at the Interstate Route 280 at Wolfe Road interchange are under design by both Caltrans and the City, Silicon Valley West ITS Project on Stevens Creek Boulevard, De Anza Boulevard and Wolfe Road will begin design in 2001. The development of a Traffic Responsive System (Generation 1.5) on De Anza Boulevard, Stevens Creek Boulevard and Wolfe Road is underway. City will soon award a design contract for Ramp Meter Signal — Arterial Traffic Signal Interconnections Project. Funding/Budget: This is a federally funded second cycle Transportation Equity Act of 21" Century (TEA -21) Surface Transportation Program /Congestion Management & Air Quality Improvement (STP /CMAQ) project. The total project budget is $1,000,000. This includes all administration, design, construction and contingency costs to successfully implement the project. The funding deadline to obligate construction funds for this project is September 30, 2002. Construction funds must be obligated prior to advertising for construction bids. The construction phase will include furnishing; and installing the necessary system hardware and providing the construction engineering services to implement the system software for the adaptive traffic signals control system. Information available from the City: The following information is attached to this RFP: Project Location Map • STP /CMAQ Application 2 "d Cycle — Corridor Management Projects Project Information Form for the Transportation Systems Operations Task Force Other information that will be made available to the selected consultant include the following: Timing plans • Traffic data (arterial, ramp, freeway & intersection traffic volumes, speed surveys) Traffic collision data Transportation System Management Master Plan WE r� November 1, 2000 Request for Proposals: Cupertino Adaptive Traffic Signals Control System Project Page 3 of 8 General Scope of Services: The City generally defines scope of work for the project as follows: Task 1 — PROJECT MANAGEMENT: This task shall include all the necessary activities for the consultant to manage the project. It includes coordination with subconsultants, utility companies, other agencies, Caltrans and the City. Specific tasks include the following: • Prepare and update Project Contact List • Prepare and update Project Schedule • Prepare Monthly Progress Reports - including work accomplished during the past month, work scheduled for the upcoming month, any outstanding issues that may affect schedule and/or budget, and status of budget • Prepare meeting agendas, meeting minLites, including action items • Attend kick -off and monthly progress meetings with City Task 2 — CONCEPTUAL DESIGN: This task shall include data collection, base mapping, review, inventory and assessment of the existing hardware and software, both in the field and in the Cupertino Traffic Operations Center. Any unique conditions or those that may impact the implementation should be identified. Design parameters and guidelines that should be incorporated into the project should be identified. A Concept of Operations Report shall be prepared that details the planning, implementation and construction of the project. Specific tasks may include the following: Review existing conditions, data, plans, and information. Identify, collect and reduce additional data needed. Prepare base maps and/or graphics. Prepare working paper summarizing data and design parameters to be incorporated into project. Concept of Operations Report r�\' November 1, 2000 Request for Proposals: Cupertino Adaptive Traffic Signals Control System Project Page 4 of 8 Task 3 — FINAL DESIGN: This task shall include software development and preparation of plans, specifications and estimates (PS &E)) for the adaptive traffic signal control system. The PS &E shall cover the necessary system hardware requirements and the provisions for contractor installation. This task shall incorporate the data and design parameters developed under Task 2. Specific tasks may include: Develop software (design and testing) Develop PS &E Conduct field tests and reviews Task 4 — SYSTEM IMPLEMENTATION & CONSTRUCTION SUPPORT: This task shall be implementation of the adaptive traffic signals control system in the field and at Cupertino Traffic Operations Center. It also includes installation and modifications and/or adjustments to the adaptive traffic signals control system. It shall include technical support during the bid, construction and post - construction phases of the project. Specific tasks may include the following: Prepare Bid addenda Attend pre -bid meeting Attend pre - construction meeting Conduct field visits Review submittals Respond to request for information Install system software Conduct post - construction traffic counts Evaluate system performance • Prepare post - project report of system performance GENERAL PROPOSAL REQUIREMENTS Disadvantaged Business Enterprise Program Requirements: The provisions of Title 49, Part 26 of Code of Federal Regulations (CFR) and the City of Cupertino's adopted DBE Program require that Disadvantaged Business Enterprise (DBE) have the opportunity to participate in federally funded transportation projects. The agency has established the goal of 10% DBE participation in this consultant agreement. In order to meet These requirements, the following criteria have been established. Participation by Caltrans certified DBEs as a prime consultant or subconsultants in this contract or 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: rQ111, November 1, 2000 Request for Proposals: Cupertino Adaptive Traffic Signals Control System Project Page 5 of 8 • A list of Caltrans certified DBEs solicited. • Description of efforts to use the services of available minority community organizations; minority contractor groups; women contractor groups; and Local, State and Federal minority business assistance centers in the recruitment and placement of DBEs, including name of contact, date of contact and information they provided. • Identification of the portions of the work to be performed by DBEs including type of work and dollar value. • Documentation of good faith negotiations between subcontractors an d interested DBEs including names and dollar values of all bids. The consultant shall provide DBE information on level of participation by DBEs on the project. Insurance and Indemnification Requirements :: During the course of work, the following insurance and indemnification requirements with the City as additional insured will be in force. General minimum requirements are as follows: • Workers compensation insurance to cover its employees ($1.0 million for each occurrence). • Commercial general liability insurance; including personal injury and property damage insurance ($1.0 million for each occurrence and $2.0 million in aggregate). • Automobile liability insurance ($1.0 million for each occurrence). Professional liability (errors and omissions) insurance ($1.0 million for each occurrence). Indemnification and hold harmless provisions related to the consultant's negligent acts, errors or omissions. Consultant shall use the City's insurance forms with the consultant agreement. Sample ones are attached for your review. If you have any problems, state them in the technical proposal. Consultant Agreement Requirements: A sample consultant agreement outline plus certifications are attached for your review. If you have any problems, state them in the technical proposal. Business License Requirements: The consultant and their subconsultants must hold or obtain business licenses in the City for any work within City limits. Proposal Content: Proposals must include the following information: Introduction: Introduce the proposal, including a statement of the proposer's understanding and approach of the project. Give the r.ame of the firm submitting the proposal, its mailing address, telephone and fax number and the name of the contact person. Identify all proposed subconsultants. November 1, 2000 Request for Proposals: Cupertino Adaptive Traffic Signals Control System Project Page 6 of 8 2. Qualifications: The following information shall be submitted for the prime consultant and all proposed subconsultants to demonstrate the firms unique qualifications to perform the work: • Brief company resume • Resumes of key personnel to be assigned to this project List of similar projects (not more than 5) which best illustrate current qualifications to perform this project 3. Work Plan: The work plan of tasks, work: products and meetings shall be consistent with the Scope of Work and include the following elements: • Name of Project Manager • Organization chart showing the proposed relationships between all key personnel and support assigned to the project • Description of proposed responsibilities of each person on the organization chart Description of the approach and methodology to provide traffic engineering services Estimate of work hours by staff for each task 4. Project Schedule: The proposal shall present a comprehensive project schedule of tasks to reflect the time frame required to complete each milestone listed in the Scope of Work. It shall, include a completion date for each milestone and identify milestones that are interdependent. Proposal should address how this schedule will be met. The anticipated schedule of activities related to this prod ect is as follows: Milestone Proposals Due Interviews Consultant Selection Final Scope /Cost Council Award of Design Contract Execute Consultant Agreement/Notice to Proceed Conceptual Design Complete Final Design Complete Caltrans Authorizes Construction Funds Advertise for Construction Bids Open Bids Council Award Construction Contract Contract Notice to Proceed Construction Complete Date November 30, 2000 December 13, 2000 December 14, 2000 January 18, 2001 February 5, 2001 March 5, 2001 June 4, 2001 September 4, 2001 September 17, 2001 September 26, 2001 October 23, 2001 November 5, 2001 December 3, 2001 March 25, 2002 r~1 Imo' November 1, 2000 Request for Proposals: Cupertino Adaptive Traf:Ec Signals Control System Project Page 7 of 8 5. Statement: The proposal shall include a statement regarding the consultant's acceptance of the City's requirements for Disadvantaged Business Enterprises, insurance and indemnification's, consultant agreements and business license that are presented herein. The consultant shall clearly state any exceptions. A principal, officer or owner of the firm with authority to bind the consultant, shall sign this statement. Cost Proposal: The cost proposal shall cover all traffic engineering services for the project. A sample one is attached for your review. The basis of payment shall be actual cost plus a fixed fee with a stated maximum contract limit. Consultant shall submit the cost proposal sealed in separate envelope and plainly endorsed "COST PROPOSAL ". It shall consist of the following items: • A one page summary that lists the key it,,-ms of cost with the total not to exceed the cost of the work • Work breakdown by task • Identification of any unclear contract requirement and suitable resolution for it • DBE information form, including good i5aith efforts Consultant Selection Process: The proposals will be evaluated and ranked by a Consultant Selection Committee (CSC). The CSC may include City staff and others. The CSC may reject any proposal if it is conditional, incomplete or contains irregularities. The CSC may waive any immaterial deviation in a proposal. Waiver of an immaterial deviation shall in no way modify the Request for Proposals documents nor affect recommendation for award of the contract. The criteria for selection of the consultant shall include: • Understanding of work • Experience with similar kinds of work Quality of staff • Capability of developing innovative or advanced techniques • Knowledge of Local, State and Federal procedures • Financial responsibility • Intent for Disadvantaged Business Enterprises participation The Consultant Selection Committee (CSC) will shortlist and interview no more than two firms. The consultant will be allowed to make a brief' presentation (20 minutes maximum) followed by questions from the CSC. A formal presentation is not required. The CSC will evaluate the proposals and inteniiews and rank the consultants based on the above criteria. The City will negotiate a consultant agreement with the top - ranked consultant. If an agreement on cost cannot be reached with the first choice, then the City will open negotiations with the next highest ranked candidate. November 1, 2000 Request for Proposals: Cupertino Adaptive Traffic Signals Control System Project Page 8 of 8 For any questions please contact Joe Enke of Zumwalt Engineering Group at jenke @zeginc.com or 925- 830 -5016. Sincerely, Ralph A. Qualls, Jr. Director of Public Works Raymond D. Chong, P.E. City Traffic Engineer CC: Joseph C. Enke, Zumwalt Engineering Group Attachments: Project Location Map DBE Information Forms Insurance Forms Sample Consultant Agreement Outline plus Certification Sample Cost Proposal STP /CMAQ Application 2 "a Cycle — Corridor Management Projects Project Information Form for the Transportation Systems Operations Task Force City Hall 10300 Torre Avenue ' Cupertino, CA 95014 -3255 666►►► 1 Telephone: (408) 777 -3354 FAX: (408) 777 -3333 C CITY OF DEPARTMENT OF PUBLIC WORKS File No. 74,001.29 November 16, 2000 SUBJECT: REQUEST FOR PROPOSALS (ADDENDUM NO. 1) - TRAFFIC ENGINEERING SERVICES FOR CUPERTINO ADAPTIVE TRAFFIC SIGNALS CONTROL SYSTEM PROJECT Dear Traffic Engineering Consultant: Addendum No. 1 for the Request for Proposals (,kddendum No. 1)- Traffic Engineering Services for Cupertino Adaptive Traffic Signals Control System Project covers corrections, clarifications, and additions. 1. Page 1 of 8 Extend deadline for submittal to December 7, 2000 at 2:00 p.m. 2. Page 6 of 8 Change milestone for "Proposals Due" to December 7, 2000. 3. Page 7 of 8 30 minutes — The consultant will be allowed to make a brief presentation (30 minutes maximum) Thank you for your interest. Sincerely, Ralph A. Qualls, Jr. Director of Public Works Raymond D. Chong, P.E. City Traffic Engineer Printed on Recycled Paper City of Cupertino Adaptive Traffic Signals Control System FINAL FEE ESTIMATE PHASE I PHASE II * Disadvantaged Business Enterprise (DBE) PHASE I TOTAL = PHSAE II TOTAL = TOTAL = DKS Associates $649,439" $155,449 $804,888 * �/5 I '� CoNTRAC-T e'" ON L April S, 2001 rq S' i -� Project Management Conceptual Design Final Design System Implementation Cost /Staf 11$4,000 Staff Rate I Hours Richard Sauve $200 20 12 8 Kevin Fehon $170 380 40 130 100 110 $64,600 Kevin Aguigui $130 200 20 60 60 60 $26,000 Josh Peterman $105 300 100 100 100 $31,500 Shirley Chan $110 160 70 40 50 $17,600 Bryan Beyer $105 576 70 300 206 $60,480 John Black $105 700 310 140 250 $73,500 ,.T�rIPPm (hairlary 105 1 ORO 30 850 200 $113,400 Assistant Engineer $90 300 200 100 $27,000 Software Programmer $90 2883 2883 $259,500 Inger Knox $110 30 30 $3,300 Support Staff $70 88 40 16 16 16 $6,160 Other Direct Costs $3,600 $16,850 $21,150 $10,400 $52,000 Wiltec, Inc. * $21,949 $21,949 $21,949 $65,848 Total Hours 6,697 100 816 4689 1092 Total Project Cost: $804,888 $18,200 $134,369 $496,869 $155,449 $804,888 * Disadvantaged Business Enterprise (DBE) PHASE I TOTAL = PHSAE II TOTAL = TOTAL = DKS Associates $649,439" $155,449 $804,888 * �/5 I '� CoNTRAC-T e'" ON L April S, 2001 rq S' i -� Cupertino Adaptive Traffic Signals Control System Project — Work Scope PROJECT WORK SCOPE Task 1: Project Management At the outset of the project, a detailed Project Management Plan (PMP) will be prepared. This will be a controlled document that: • Specifies the responsibilities of all assigned staff and confirms that all staff are suitably qualified and trained for their assigned roles; • Defines project reporting arrangements; • Defines the schedule and cost management procedures; • Identifies the appropriate standards to be applied to the project and its products; • Defines the management team structure and interfaces with the City staff; and • Provides a schedule for the appropriate and relevant quality assurance procedures, such as internal quality audit, design verification and value engineering. Project management services will include, but not be limited to, the following: • Preparation and updates of a Project Contact list. • Preparation of and updates to the Project Schedule • Preparation of monthly progress reports • Preparation of Prepares meeting agendas • Attendance at all meetings Consultant will attend and make technical presentations at meetings as requested by the City. The following meetings are allowed in the budget: • 24 monthly progress meetings; and • 6 technical presentations or design review workshops. Other working meetings and discussions are included in the technical tasks. Consultant will prepare and submit to the City, the meeting minutes summarizing discussions at all meetings attended by DKS. Minutes will be distributed to all meeting participants and mailed to specified non - attendees, including summaries for a follow -up action plan. Deliverable: Project Management Plan. Task 2: Conceptual Design The purpose of this task is to develop the overall system design at the system concept level. This task will primarily consist of the following subtasks: • Concept of Operations • System Architecture • Functional Needs and Requirements • Existing Detection Inventory and Analysis • Detection Alternatives Analysis 0001 Mwork scope b 1 of 10 Saved: 1151013:25 PM Cupertino Adaptive Traffic Signals Control !35ystem Project — Work Scope Task 2.1: Concept of Operations This task will prepared a Concept of Operations Report. This report will describe the alternative approaches considered for the adaptive implementation, document the reasons for the selected approach and explain the implications of the selection. The selected approach will take into account the objectives of the project, the existing system implementation, the equipment available and the available funds. It is the City's intent that the adaptive operation be achieved within the existing computing functions of the StreetWise system, and that only minor hardware upgrades be required for implementation. The intent is also to permit the adaptive algorithms to be over - ridden by operator initiated commands or scheduled commands such as time -of -day plans, as appropriate. The report will include an overview of the system design, illustrating the distribution of processing functions, the equipment (existing or proposed) required to carry out this processing, and the algorithms proposed. The physical elements of the concept design will be plotted, to illustrate the locations of any proposed equipment modifications such as detectors, system interfaces or communications. Sufficient detail will be provided to confirm that the likely modifications in the field or within the Cupertino TOC are feasible. For example, sufficient space is available in conduits for addition detector lead -in cables or video detection cables; space is available in cabinets for additional detection units; or space is available in the TOC for communications and computer modifications. The preparation of a Concept of Operation report will include all the pertinent elements including addressing the physical and institutional layers that form the basis for the project. Elements that will need to be identified and addressed in the Concept of Operations include: • Undertake literature search of current adaptive system information; • Review existing condition, data, plans and information; • Identify, collect and reduce additional data required; • Prepare base maps and graphics • Analyse ability of existing algorithms to meet the needs of Cupertino and Streetwise; • Develop detailed description of proposed algorithms; • Prepare initial cost estimates and confirm suitability of approach and budget; • Prepare working paper describing analysis rind conclusions; • Conduct workshop to confirm proposed approach; • Prepare formal Concept of Operations Report. • Identify local traffic patterns and events that affect patterns • Review of other projects that need coordination or consideration • Identify relevant design standards and preferences • Outline high level system and software needs and requirements • Identify potential constraints • Quantify needed physical improvements requiring construction • Quantify data exchange needs 000129 \work scope b 2 of 10 Saved: 115101 3:25 PM Cupertino Adaptive Traffic Signals Control System Project — Work Scope Task 2.2: System Architecture DKS will prepare a System Architecture for this project to properly identify all of the potential stakeholders beyond the City. This .architecture will identify any potential data flows between agencies, the other elements of the ATMS that will require some form of integration, and the traveling motorists. It is envisioned that this architecture will primarily address the institutional layers of the system with the detailed requirements covered in the Concept of Operations. The current status of NTCIP standards will be reviewed and any issues that affect the system architecture will be identified at this stage. This includes the adaptive signal operation database elements and communicatio ns to and from field masters. At this point, the architecture will be reviewed with respect to the status of the Generation 1.5 project. Should Deliverable: Concept of Operations Report and System Architecture. Task 2.3: Functional Needs and Requirements Consultant will detail out the functional needs and requirements for the system in terms of the actual data elements and algorithm requirements. This will provide the overall system definition from which the hardware and software requirements will be derived. When determining the functional needs, the consultant will focus primarily on the traffic management needs of the system and the user interface. Consider the main issues that are driving this project and generate an overall listing of the specific needs for the system. This may include excessive wait time for cross street vehicles, time of day signal timings that are not adequate to respond to the everyday dynamic fluctuations in traffic, and the potential changes to phasing sequences that may substantially improve traffic flow. As part of the functional needs and requirements, consultant will consider all of the aspects of the adaptive system starting from the highest levels, working down into the field elements including detection and communications. This will include identifying the different approaches to adaptive control and vehicle detection strategies. Consultant will evaluate whether the system should be based on common background cycles or not, and where system detectors should be placed depending on the type of algorithm deployed. Identify the practical limits that need to be placed on the adaptive algorithms to account for limitations or boundary conditions that are noii explicitly considered. This will include the use of a background cycle length or phase sequence, and the flexibility that the system needs to have to meet the expectations of motorists about how long they are prepared to wait for a green on minor movements, or their acceptance of a competing movement being served several times while they wait. Other issues that will need to be addressed in the needs and requirements include: • Additional Servers • Additional Computers and Workstations • Data Switches or Hubs • Cablings and connectors • Network connections (LAN or WAN) 000129 4ork scope b 3 of 10 Saved: 1151013:25 PM Cupertino Adaptive Traffic Signals Control System Project — Work Scope • Other It is anticipated that for the most part this project will utilize hardware that is off -the- shelf. However, in the event the software requirements dictate specialized hardware, the consultant will identify those special components during the preparation of these requirements. Finally, requirements should consider the potential for staged software implementation. Deliverables: Report on Functional Needs and Requirements — draft and final Existing Detection Inventory and Evaluation Conduct a detailed inventory of the existing detection capabilities of the roadway network. Prepare a brief evaluation of what these capabilities will offer for the adaptive system in terms of real time data collection. As part of this data collection effort, gather the i:ollowing information: • Collect any as-built drawings including those for signal interconnect, any pertinent Caltrans design plans, and local improvement plans. • Collect utility record /as -built information within the project limits. • Collect current signal timings, traffic volumes, and accident data. • Perform field checks of the existing loop layout and terminations. • Observe traffic operations during peak and off -peak periods Collect peak period turning movement and 24 -hour automatic "tube" counts, as needed. The turning movement counts will be collected at all of the study area intersections, and the tube counts will be collected at up to eight (8) locations. Tuning movement counts will be collected between for each AM, midday and PM 2 -hour peak periods on either a Tuesday, Wednesday, or Thursday. The automatic "tube" counts will be collected from a Thursday through a Sunday. Conduct extensive travel time runs on the study area corridors to quantify the experienced delay to motorists on surface streets. These results will be summarized in the form of a brief working paper. Deliverables: Working paper summarizing existing detection and evaluation. Working paper on traffic counts and travel time surveys. Task 2.5: Detection Alternatives Analysis Once the detailed information on the existing detection has been gathered, conduct an alternative analysis of the detection needs for the adaptive system. This analysis will focus on utilizing different detection schemes which will attempt to maximize the already installed base of loops. The analysis will also identify any needed modifications to the existing loop configurations in order to implement the adaptive system. Deliverables: Working paper summarizing the Detection Alternatives Analysis. 000129 4ork scope b 4 of 10 Saved: 1151013:25 PM Cupertino Adaptive Traffic Signals Control System Project — Work Scope Task 3: Final Design The purpose of this task is to develop the final design of the adaptive system. This task will primarily consist of the following subtasks: • System Design • Software Design and Development • PS &E Document Preparation • System Acceptance Procedures Task 3.1: System Design The System Design involves the detailed design of the software, preparation of software and testing prior to installation in the field. It will involve preparation of the top -level design using a structured programming technique, confirmation in a workshop setting of the structure of the program and its data requirements, preparation of the software code in modules that will permit the use of structured testing and trouble- shooting tools, and finally bench - testing of the software, using data tables that will emulate traffic data and signal operation. The test plan will incorporate scenarios that are both of general occurrence and unique to the application in the City of Cupertino. The test plan will be agreed with the client before it is used, and the results will be documented and available for reproduction and confirmation. The Factory Acceptance Test (FAT) Plan will be completed and accepted before any equipment of software is shipped to the City. The FAT will include operation of the system with at least four controllers physically connected in a manner that replicates conditions that will be found in the City of Cupertino. This will include using traffic simulation software (e.g., SimTraffic / Synchro) to simulate detector actuations on system and local detectors.. Address the issue of procurement under the Concept of Operations by making determinations on any required field modifications which may include, but not be limited to: • Installation of pavement loops • Cabinet modifications • Conduit installations Consultant will work closely with the City on identifying these field elements that will need to installed via a construction oriented project. Once the top -level design is complete, the necessary field improvements will be confirmed, and plans, specifications and estimates (PS &E) prepared. This task will be carried out in the usual steps appropriate for the PS &E, giving the City adequate time to review plans at the appropriate stages. Task 3.2: Software Design and Development This task will consist of preparing the detailed design requirements for the software modifications necessary as part of this project. This task will follow the development and approval of the Concept of Operations, and will clearly define the minimum modifications 000129 4ork scope b 5 of 10 Sawa: ii.)iu i s:zD riv, Cupertino Adaptive Traffic Signals Control : 3ystem Project — Work Scope to software and/or development of software to satisfy the needs for the integration and data exchange network. At a minimum, the software design will address the following issues: • Any new data dictionary data objects • Use Case Diagrams • Physical Diagrams including Deployment Diagrams and Component Diagrams • Development schedule • System integration requirements • Other institutional issues affecting software Hold a one -day workshop on software to ensure all project participants have a common understanding of this critical aspect of the project. Task 3.3: Adaptive Algorithm Developmont Under the software design and development, Consultant will detail adaptive algorithms for the system. These algorithms will follow the evaluation and alternatives analysis of the detection strategies and the compilation of the functional needs and requirements. The development of adaptive algorithms will require varying amounts and types of traffic data. This has a direct impact on cost and reliability. Some algorithms require information about traffic volumes and speeds as they enter and leave an intersection, which increases the number of detection locations compared to more traditional approaches. While a theoretical approach to traffic flow modeling suggests that full knowledge of all volumes and speeds entering and leaving a link is ideal, our focus will be on smaller numbers of detection zones. These approximations, provided they are within the limits of reliability required by the algorithms, then allow reduction of the cost of data collection without compromising the efficiency of the calculations. Once the software has been finalized, the relevant user manuals will be provided or updated, to include the use of adaptive facilities. These will be suitable for use in subsequent training sessions and day -by -day use by the system operators. Deliverables: Algorithm Adaptive system software for local controllers; Adaptive system software for strategic level control; Updated user manuals FAT Test Plan and Results Task 3.4: PS&E Document Preparation Consultant will prepare a set of PS &E documents for the field construction elements of the project. The PS &E is envisioned to cover such items as installation of pavement loops, conduit, pullboxes, conductors, and cables. It is anticipated that the plan set will contain the following sheets. 1. Title Sheet (1 sheet) 2. Standard Plan Listing (2 sheets) 3. Traffic Signal and Lighting Plan (8 to 10 sheets) 000129 4ork scope b 6 of 10 Saved: 1151013:25 PM Cupertino Adaptive Traffic Signals Control System Project — Work Scope 4. Construction Details (1 sheet) 5. Traffic Control Details, if needed (1 to 2 sheets) The number of sheets will vary depending on the magnitude and types of improvements identified. The utility as -built information will be included only for those areas where excavations will be made. The steps in plan development will follow the set of review stages at 60 percent, 90 percent and final PS &E documents. With each stage, the review comments from the previous stage will be itemized and a written response to each will be prepared. The original red pencil mark -up from the City and Caltrans (if necessary) will be returned with the succeeding submittal. The special provisions will be prepared using standard Caltrans special provisions and formats as may be modified by the City. Estimates of construction cost will be prepared using detailed spread sheets. These sheets detail individual items material and labor costs. These estimates are made in a manner similar to how the bidding contractors will prepare their bids. The estimate will also be shown in the same format proposed for the actual bid documents. Task 3.4.1: 60% ME Documents Once comments on the concept design(s) are received, the 60% design drawings will be prepared. As part of the 60% submittal, a set of the draft Special Provisions will be prepared along with the preliminary construction cost estimate. The plans and specifications will be based on the latest City and Caltrans Standard Specifications and Standard Plans. An Encroachment Permit Application will be prepared and submitted to Caltrans (if needed) at this stage. The appropriate number of copies of the 60% design plans will be submitted with the permit application to Caltrans. Coordination with the affected utility companies and any city utilities will be conducted. This will include notices to the utility agencies for underground locations and utility relocations as necessary. A utility certification will be prepared. Utility and Right of Way Certifications will be prepared in conjunction with the PS &E documents and will be conducted as required. Deliverable: Full size 60 percent PS &E Documents to the City and Caltrans. Task 3.4.2: 90% ME Documents Once comments on the 60% PS &E Document submittal are received, the 90% PS &E Documents will be prepared. The special provisions and preliminary cost estimate will be revised per the comments received. All PS &E details and information will be complete and ready for city review. Deliverables: Encroachment permit application. Full size 90 percent PS &E Documents to the City and Caltrans. 000129 4ork scope b 7 of I0 Saved: 115101 3:25 PM Cupertino Adaptive Traffic Signals Control System Project — Work Scope Utility certification (if needed). Right of way certification (for City's signature). Task 3.4.3: Final ME Documents Once comments on the 90% PS &E Document submittal are received, the final design drawings will be prepared. In addition, the special provisions and preliminary cost estimate will be revised per the comments received. All PS &E details and information will be complete and ready for city review. A full reproducible plan set will be prepared and submitted with the comments on the 90% PS &E document submittal incorporated. This final submittal will include "photo- ready" special provisions, and bid list. At this stage it is anticipated that all necessary Encroachment Permit(s) will be fully executed. Deliverable: Full size, signed and sealed Final PS &E Documents to the City and Caltrans. Task 3.5: System Acceptance Procedures We will prepare the System's testing and acceptance requirements for use during the implementation stage of the project. Consultant will determine the appropriate elements that will need to be tested and the appropriate testing levels that will constitute an element as passing or failing a test. Testing procedures will include the following elements: • Confirming software requirements • Confirming communication network transmissions • Verification of data exchange of software objects • Verification of compliance with standards The testing and acceptance requirements will detail out the specific steps that one will need to carry out when testing a particular component. Consultant will prepare test sheets ready for documenting the test results and appropriate troubleshooting techniques to rectify any failed tests. Deliverable: System Testing and Acceptance Requirements — draft and final. Task 4: System Implementation This task will consist of the following sub - tasks for the final stages of the project: • System integration • Construction support • Acceptance testing • System evaluation 000129 4ork scope b 8 of 10 saveo: uxu, -1:1-o rw, Cupertino Adaptive Traffic Signals Control System Project — Work Scope Task 4.1: System Integration Following acceptance of the FAT, the software will be installed in the appropriate equipment at the City. This will form the system integration portion of the system components. This work will involve work at the City's TOC. Some of the elements will include the installation of computers, performing diagnostics, setting up system elements and performing the overall integration. The software will then be subjected to the Site Acceptance Test (SAT). The SAT Plan will be agreed with the City before it is implemented and the results recorded in the presence of City representatives as appropriate. New signal timings will no doubt be required during implementation. This will include both updating existing timing parameters and also selecting and fine - tuning new parameters for the new algorithms and databases. Deliverable: Reports on the status of the system integration. Task 4.2: Construction Support DKS will provide the City of Cupertino with assistance during the post design and construction period. The service we will provide under this task typically include but is not limited to the following: • Bidding Assistance -- Bid Addenda Preparation • Pre bid meetings • Pre - Construction Meeting • Review Submittals and respond to RFIs • Assistance with Change Orders • Field Visits /Construction Meetings DKS will also assist the City in the preparation of any Contract Change Orders (CCOs) if necessary. Depending on the magnitude of the CCOs, revisions to this Work Plan may be necessary. We will seek written authorization from the City prior to commencing with preparing CCOs if deemed applicable. During the Post Construction stage DKS will', assist the City and/or Caltrans with the acceptance of the improvements. In addition, we will help the City prepare "punch- lists" (a list of problems or uncompleted work for the contractor) to verify that the contractor has completed every aspect of construction. Once all the punch -list items have been completed, DKS will compile all the design changes that occur during construction into an "as- built" set of plans. Deliverable: Punchlists, review of submittals, and as -built plans. Task 4.3: Acceptance Testing Consultant will evaluate the performance of the system under this subtask. This will involve technical assessments of the equipment and operational assessment of the effectiveness of the system in influencing and accommodating travel behavior. 000129 4ork scope b 9 of 10 Saved: 1151013:25 PM Cupertino Adaptive Traffic Signals Control System Project — Work Scope This task is a technical assessment of the communications network and software implementation. Consultant will use the testing and acceptance procedures as prepared under Task 3, Software Design. If necessari, Consultant will quantify the quality of performance of each element installed in the field. Again, this is largely a technical assessment of the quality of signals passed between elements. For messages to the central location that would normally be expected to be initiated by the field equipment or another's central system, such as reporting congestion conditions, the appropriate conditions will be created at the field site, and tests conducted to confirm that the message is sent and received. For example, if a fault alarm is designed to be triggered at a predetermined volume threshold, Consultant will simulate this threshold and verify that the alarm is generated. Utilizing some potential enhancements to the central system such as automatic alarm paging, we may be able to test the automatic generation of a page due to an alarm, and tie this into Caltrans TOC for their engineers to view through their cameras, or to the City's TOC for some other method of confirmation. Deliverable: Acceptance testing results and irecommendations for acceptance. Task 4.4: System Evaluation The surveys will be designed so that statistically significant results can be obtained, and experimental bias can be avoided. It is proposed that the evaluation include statistically designed traffic counts and floating car travel time surveys that will be able to identify the variation due to day of week, driver, and traffic volumes, so that the measured differences can be related directly to the effects of the signal control regime. The different modes of operation (e.g., adaptive:, TOD pattern selection) will be run in an interspersed manner, rather that a week at a time, or before and after an implementation date, so that weekly fluctuations, variations in weather and motorists' learning curves will not affect the validity of the results. The survey design will include a Latin Squares arrangement of variables, and Analysis of Variance to allow for confounding variables. Deliverable: System Evaluation Report Task 4.5: Training During the system integration, City technical staff will provide assistance to the Consultant, and learn in a "hands -on" manner. In addition, Consultant will provide a one -day training workshop for up to four City staff, at the City's TOC. Deliverable: One -day training workshop 000129 4ork scope b 10 of 10 Saved: 115101 3:25 PM 1 2001 2002 2003 Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Project Mlanagement Project Mianagement Plan Coordinattion with City Conceptual Design Concept of Operations System Architecture Functional Needs and Requiremients Existing Detection Inventory Detection Alternatives Analysis 1. Final Design System Dresign Software Design and Development System Acceptance Procedures PS&E Doicuments t. System knplementation System Integration Constructtion Support Acceptanrce Testing System Evaluation O A N3129 Submit documents to Caltrans for review Detection inventory analysis complete 2nd submittal of documents to Caltrans Detection alternatives analysis Submittral of documents for obligation of funds System design document Draft report submittal Deliver controller and system software Final report submittal EXHIBIT D CERTIFICATION OF LOCAL AGENCY I HEREBY CERTIFY that I am the City Engineer of the City of Cupertino, and that the consulting firm of DKS Associates, or its representative has not been required (except as herein expressly stated), directly or indirectly, as an express or implied condition in connection with obtaining or carrying out this agreement to: (a) employ, retain, agree to employ or retain, any firm or person; or (b) pay or agree to pay, to any firm, person or organization, any fee, contribution, donation, or consideration of any kind. I acknowledge that this Certificate is to be made available to the California Department of Transportation (Caltrans) in connection with this agreement involving participation of Federal - Aid Highway funds, and is subject to applicable State and Federal laws, both criminal and civil. (Date) %8�,&LICA U (Signature) %L EXHIBIT E CERTIFICATION OF CONSULTANT I HEREBY CERTIFY that I am the Principal and duly authorized representative of the firm of DKS Associates, whose address 1956 Webster Street, St,;. 300, Oakland, CA 94612, and that, except as hereby expressly stated, neither I nor the above firm that I represent have: (a) employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above consultant) to solicit or secure this agreement; nor (b) agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the agreement; nor (c) paid, or agreed to pay, to any firm, organization, or person (other than a bona fide employee working solely for me or the above consultant) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out this agreement. I acknowledge that this Certificate is to be made available to the California Department of Transportation (Caltrans) in connection with this agreement involving participation of Federal -Aid Highway funds, and is subject to applicable State and Federal laws, both criminal and civil. / u (Date) (Signature) INSURANCE FORMS INSTRUCTIONS FOR ITEMS 3, 4, 5 AND 6, THE FORMS PROVIDED BY THE CITY OF CUPERTINO MUST BE USED. FORMS OTHER THAN THESE WILL NOT BE ACCEPTED. ALL DOCUMENTS MUST B, E ORIGINALS - SUBMIT IN TRIPLICATE 1. Insurance Agreement - Must be signed by Contractor. 2. Certificate of Insurance to the City of Cupertino - must be completed by the insurance agent or must provide a certificate on the company's form. They must contain the same information. 3. Endorsement of Primary Insurance - must be signed by the'-insurance agent for general liability and automobile liability only. 4. Additional insured endorsement - must be signed by the insurance agent for general liability and automobile liability only. 5. Comprehensive general liability /commercial general liability endorsement of aggregate limits of insurance per project - must be signed by the insurance agent for general liability only. 6. Waiver of subrogation endorsement worker's compensation insurance - must be signed by the insurance agent for worker's compensation only. 7. Notice of olic cancellation endorsement - must be signed by the insurance agent or must p Y be on the company's certificate of insurance firm for all insurances. Insurance Instructions — Page I OF I i CUPERTINO INSURANCE AGREEMENT k. Contractor is aware of the provisions of Section.3700 of the Labor Code, which requires every employer to be insured against liability for worker's compensation or undertake self - insurance in accordance with the provisions of that Code, and will comply with such provisions before commencing the performance of the work of this Contract. B. Contractor and all subcontractors will carry worker's compensation insurance for the protection of its employees during the progres;3 of the work. The insurer shall waive its rights of subrogation against the City, the City's officers, agents and employees and shall issue an endorsement to the policy evidencing same. C. Contractor shall carry at all times, on all operations hereunder, commercial or comprehensive general liability insurance, automobile liability insurance and builder's all risk insurance. All insurance coverage shall be in amounts required by the City and shall be evidenced by the issuance of a certificate in a form prescribed by the City and .shall be underwritten by insurance companies satisfactory to the City for all operations, sub - contract work, contractual obligations, product or completed operations, all owned vehicles and non - owned vehicles. Said insurance coverage obtained by the Contractor, excepting worker's compensation. coverage, shall name the City, its engineer, and each of its directors, officers, agents and employees, as determined by the City, as additional insureds on said policies. Insurers must be licensed to do business in the State of California. The Insurers must also have an "A" policyholder's rating and a financial rating of at least Class VII in accordance with the current Best's Guide Rating. D. Before Contractor performs any work at, or prepares or delivers materials to, the site of construction, Contractor shall furnish certificates of insurance evidencing the foregoing insurance coverages and such certificates shall provide the name and policy number of each carrier and policy and that the insurance is in force and will not be canceled or modified without thirty (30) days written notice to the City. Contractor shall maintain all of the foregoing insurance coverages in force until the work under this Contract is fully completed. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of the City by Contractor under this Contract and for the duration of the warranty period. Notwithstanding nor diminishing the obligations of Contractor with respect to the foregoing, Contractor shall maintain in full force and effect during the life of this Contract, the following insurance in amounts not less than the amounts specified and issued by a company admitted in California and having a Best's Guide Rating of A, Class VII or better. Worker's Compensation Liability Act of the tate of Calif a - $1 000 000 per 'In accordance with the Worker's occurrence. Insurance Agreement —Page I of 2 Public Liability - either commercial general liability or comprehensive 'general liability; including provisions for contractual liability, personal injury, independent contractors and property damage coverages. Automobile Liability — comprehensive covering owned, non -owned and hired automobiles. Consultants only: Errors and Omissions liability. (Contractor's Name) Dated: �I Combined single limit of $1.0 million per occurrence; $2.0 million in the aggregate. Combined single limit of $1.0 million per occurrence. $1.0 million per occurrence. Insurance Agreement — Page 2 of 2 20 /10 y. 5 {I CUPERTINO CERTIFICATE OF INSURANCIE TO THE CITY OF CUPERTINO This certifies to the City of Cupertino that the following described policies have been issued to the insured named below and are in force at this time. Insured: Address: Description of operations/locations /products insured (show contract name and/or number, if any): WORKER'S COMPENSATION * Statutory Min. * Employer's ' Liability (name of insurer) Insurance Company's State License No. Check Policy Type: Each Occurrence $ COMPREHENSIVE GENERAL LIABILITY [ ] Premises /Operations General Aggregate $ (if applicable) [ ] Owners & Contractors Protective Aggregate $ [ ] Contractual for Specific Contract Personal Injury $ [ ] Products Liability [ ] XCU Hazards [ ] Broad Form P.D. Fire Damage (any one fire) $ [ ] Severability of Interest Clause [ ] Personal Injury with Medical Expense $ Employee Exclusion Removed (any one person) or Self- Insured COMMERCIAL GENERAL LIABILITY Retention $ (name of insurer) Policy No. Expiration Date Certificate of Insurance — Page I of 2 AUTOMOTIVENEHICLE LIABILITY BODILY INJURY PROPERTY DAMAGE Commercial Form Each Person Each Accident Liability Coverage (name of insurer) Each Accident $ or Combined Single Limit Policy No. Expiration Date A copy of all Endorsements to the policy(ies) which in any way (agent's initial) limit the above - listed types of coverage are attached to this Certificate of Insurance. This Certificate of Insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or any other document with respect to which this Certificate of Insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all, the terms, exclusions and conditions of such policies. IT IS HEREBY CERTIFIED that the above policy(ies) provide liability insurance as required by the Agreement between the City and the insured. : Dated: 20_ Attach Certificate of Insurance and Additional :Insured Endorsement on company forms. Certificate of Insuremce — Page 2 of 2 *C10F CUPEIIiTINO ENDORSEMENT OF PRIMARY INSURANCE In consideration of the policy premium and. notwithstanding any inconsistent statement in the policy to which this Endorsement is attached or any other Endorsement attached thereto, it is agreed as follows: The insurance afforded by this policy is primary insurance, and no additional insurance held or owned by the designated additional insured(s) shall be called upon to cover a loss under said additional policy. POLICY INFORMATION 1. Insurance Company: 12. Insurance Policy Number: 3. Effective Date of this Endorsement: , 20 4. Insured: All notices herein provided to be given by the Insurance Company to the City in connection with this policy and this Additional Insured Endorsement, shall be mailed to or delivered to the City at 10300 Torre Avenue; Cupertino, California 95014. I, (print/type name) warrant that I have authority to bind the below listed Insurance Company and by my signature hereon do so bind this Company. Signature of Authorized Representative: (Original signature required on all Endorsements furnished to the District) Name of Agent/Agency: Address: Primary Endorsement— Page 1 of I Title: Telephone: Facsimile: S &OF CUPEkTINO ADDITIONAL INSURED ENDORSEMENT In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this Endorsement is attached or any other Endorsement attached thereto, it is agreed as follows: The City of Cupertino ( "City ") and its directors, officers, engineers, agents and employees, and all public agencies from whom permits will be obtained and their directors, officers, engineers, agents and employees are hereby declared to be additional insureds under the terms of this policy, but only with respect to the operations of the Contractor at or upon any of the premises of the City in connection with the Contract with the City, or acts or omissions 'of the additional insureds in connection with, but limited to its general supervision or inspection of said operations. POLICY INFORMATION 1. Insurance Company: 2. Insurance Policy Number: Effective Date of this Endorsement: 4. Insured: 20 All notices herein provided to be given by the Insurance Company to the City in connection with this policy and this Additional Insured Endorsement, shall be mailed to or delivered to the City at 10300 Torre Avenue; Cupertino, California 95014. I, (print/type name) warrant that I have authority to bind the below listed Insurance Company and by my signature' hereon do so bind this Company. Signature of Authorized Representative: (Original signature required on all Endorsements furnished to the District) Names of Agent/Agency: Title: Address: Telephone: Facsimile: Additional Insured Endorsement — Page 1 of 1 111"\ alF CUPERTINO COMPREHENSIVE GENERAL LIABILITY. COMMERCIAL GENERAL LIABILITY ENDORSEMENT OF AGGREGATE LIMITS OF INSURANCE PER PROJECT In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this Endorsement is attached or any other Endorsement attached thereto, it is agreed as follows: This Endorsement modifies the insurance provided under the General Liability Coverage part of the below- referenced policy of insurance. The general aggregate .limit under LIMITS OF INSURANCE applies separately to the project described as POLICY INFORMATION 1. Insurance Company: 2. Insurance. Policy Number: 3. Effective Date of this Endorsement: 4. Insured: 5. Additional Insured: City of Cupertino, its directors, officers, agents and employees. All notices herein provided to be given by the Insurance Company to the City in connection with this policy and this Additional Insured Endorsement, shall be mailed to or delivered to the City at 10300 Torre Avenue; Cupertino, California 95014. 1, (print/type name) warrant that I have authority to bind the below listed Insurance Company and by my signature hereon do so bind this Company. Signature of Authorized Representative: (Original signature required on all Endorsements furnished to the District) Names of Agent/Agency: Title: Address: Telephone: Facsimile: Aggregate Limits Endorsement — Page 1 of 1 010F CUPEkTINO US WAIVER OF SUBROGATION ENDORSEMENT WORKER'S COMPENSATION INSURANCE In consideration of the policy premium and. notwithstanding any inconsistent statement in the policy to which this Endorsement is attached or any other Endorsement attached thereto, it is agreed as follows: It is agreed that with respect to such insurance as is afforded by the policy, the Insurance Company waives any right of subrogation it may require against the City of Cupertino, and each of its directors, officers, agents, consultants and employees by reason of any payment made on account of injury, including death resulting therefrom, sustained by any employee of the insured, arising out of the performance of the above - referenced Contract. POLICY INFORMATION 1. Insurance Company: 2. Insurance Policy Number: 3. Effective Date of this Endorsement: 4. Insured: 20 All notices herein provided to be given by the Insurance Company to the City in connection with this policy and this Additional Insured Endorsement, shall be mailed to or delivered to the City at 10300 Torre Avenue; Cupertino, California 95014. 1, (print/type name) warrant that I have authority to bind the below listed Insurance Company and by my signature hereon do so bind this Company. Signature of Authorized Representative: (Original signature required on all Endorsements furnished to the District) Names of Agent/Agency: Address: Subrogation Endorsement - Page 1 of I Title: Telephone: Facsimile: -10 CUPEkTINO NOTICE OF POLICY CANCELLATION ENDORSEMENT In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this Endorsement is attached or any other Endorsement attached thereto, it is agreed as follows: Cancellation Notice. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits, or materially altered, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City of Cupertino ( "City "). Such notice shall be addressed to the City as indicated below. POLICY INFORMATION 1. Insurance Company: 2. Insurance Policy Number: 3. Effective Date of this Endorsement: 20 4. Insured: All notices herein provided to be given by the Insurance Company to the City in connection with this policy and this Additional Insured Endorsement, shall be mailed to or delivered to the City at 10300 Torre Avenue; Cupertino, California 95014. I, (print/type name) warrant that I have authority to bind the below listed Insurance Company and by my signature hereon do so bind this Company. Signature of Authorized Representative: (Original signature required on all Endorsements furnished to the District) Names of Agent/Agency: Address: Title: Telephone: Facsimile: Subrogation Endorsement - Page 1 of 1 � I I k\\, JENHINS /ATHENS INSURANCE SERVICES March 27, 2001 City of Cupertino Public Works Department Attn: Ray D. Chong City Hall, 10300 Torre Ave. Cupertino, CA 95014 Enclosed are two certificates of insurance described below: Project #AOOX3129 Project #A99X3178 PUBLIC WORKS MAR 302001 Please note the attached Acord Certificates and the CG20 10 1185 forms are approved by the various insurance companies shown on the Certificate. We understand you are requesting all information to be on the city required forms. At the moment we cannot get approval to use your forms from any of the insurance companies. We will attempt again to contact the insurance companies and I will be contacting the risk management department at the City of Cupertino to see if there is any flexibility in the use of your forms. Sincerely, ' Sherry L. Huff, RPLU Assistant Account Manager Slh /Enclosure 1455 RESPONSE RD, STE. 260, PO BOX 13847, SACRAMENTO CA 95853 -3847 (916) 925 -2525 FAX (916) 925 -3595 DIRECT NUMBER (916) 925 -3525 PLUS EXT. TOLL FREE (877) 222 -0000 LICENSE #0545478 AC RV CERTIFICATE OF LIABILITY INSURANCI&D F4 DATE(MM /DD/YY) SAS -1 03/22/01 PRODUCER Jenkins /Athens Ins Sacramento THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE License No. 0545478 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. 0. Box 13847 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Sacramento CA 95853 GENERAL LIABILITY Phone:916- 925 -2525 Fax:916- 925 -3595 INSURERS AFFORDING COVERAGE INSURED INSURER A: Admiral Insurance Company $$1,000,000 INSURER B: Indemnity Ins Co of N. America DKS Associates 1956 Webster Street #300 Oakland CA 94612 INSURER C: American States Insurance Co FII�ISURER SURER D: Republic Indemn. Co of America E: Zurich American Insurance Co FIRE DAMAGE (Any one fire) COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE: MM /DD/YY POLICY EXPIRATION DATE MM /DD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $$1,000,000 A X COMMERCIAL GENERAL LIABILITY AOOAGO8586 0.5/01/00 05/01/01 FIRE DAMAGE (Any one fire) $$ 500,000 CLAIMS MADE FX OCCUR MED EXP (Any one person) $ $ 5,000 PERSONAL BADVINJURY $ $1,000,000 GENERAL AGGREGATE $ $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $$2,000,000 POLICY PRO JECT LOC C AUTOMOBILE LIABILITY ANY AUTO 010E786940 05 /01/00 05 /01/01 COMBINED Eaaccident) SINGLELIMIT $ $1,000,000 X BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ ANY AUTO $ EXCESS LIABILITY EACH OCCURRENCE $ 5000000 B X1 OCCUR ❑ CLAIMSMADE XLXG20121002 05/01/00 05/01/01 AGGREGATE $ 5000000 $ DEDUCTIBLE $ RETENTION $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY PC14773601 0!) /O1 /00 05/01/01 X I TORY LIMITS I ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1 , 000, 000 E.L. DISEASE - POLICY LIMIT $1,000,000 OTHER E Professional EOC675855706 05/01/98 05/01/01 $1000000 Per claim Liability $2000000 Agg DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT /SPE:CIAL PROVISIONS Re: Project #AOOX3129, Cupertino Adaptive Traffic Signals Control System. City of Cupertino, its engineer, directors, officers, agents and employees are named as Additional Insureds for liability only per the attached Forms CG2010 and CA0001. Primary Wording included. 10 day NOC will apply if cancelled for non - payment of premium. %,mr%l Irm m l C r1lJLNCIC j I AUDI IIVNAL MIJKLU; INSURER LETTER: A t+RN%o CLLA I IVIV CUPER -1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Cupertino DATE THEREOF, THE ISSUING INSURER WILLENBBWOR Te MAIL 30 DAYS WRITTEN Public Works Department NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAIEURE Te 00 88 On Attn: Ray D. Chong " City Hall, 10300 Torre Avenue Cupertino CA 95014 " Ti TIVM. ACORD 26-S (7197) TION 1988 GENERAL ENDORSEMENT COMMERCIAL GENERAL LIABILITY COVERAGE PART In consideration of an additional premium of Included, it is hereby understood and agreed that the following applies: ADDITIONAL INSURED- OWNERS, LESSEES OR CONTRACTORS - FORM B CG 20 10 1185 Check if applicable X City of Cupertino, its engineer, directors, officers, agents and employees. Re: Project #AOOX3129, Cupertino Adaptive Traffic Signals Control System. WHO IS AN INSURED (Section II) is amended to include as an insured the RE: person or organization shown above, but only with respect to liability arising out of "your work" for that insured by or for you. PRIMARY COVERAGE Check if applicable X With respect to claims arising out of the operations of the Named Insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the above Insured(s). WAIVER OF SU13ROGATION Check if applicable X It is understood and agreed that the Company waives the right of subrogation against the above Insured(s), but only as respects the job or premises described in the certificate attached thereto. CROSS LIABILITY CLAUSE Check if applicable X The naming of more than one person, firm or corporation as insureds under this policy shall not, for that reason along, extinguish any rights of one insured against another, but this endorsement, and the naming of multiple insureds, shall not increase the total liability of the Company under this policy. NOTICE OF CANCELLATION Check if applicableX It is understood and agreed that in the event of cancellation of the policy for any reason other than non - payment of premium, 30 days written notice will be sent to the certificate: holder by mail. In the event the policy is cancelled for non - payment of premium, 10 days written notice will be sent to the above. POLICYNO: AOOAG08586 POLICYTERM: 5/1/00 to 5/1/01 ISSUED TO: DKS Associates INSURANCE COMPANY. Admiral Insurance Compa.ny ISSUE DATE: 3/22/01 Authorized Representative: Jenkin /Athens; Insurance Services 5 A F E C O° BUSINESS AUTO COVERAGE FORM CA oo 01 12 93 131 COMMERCIAL AUTO Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we," "us" and "our" refer to the Company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION V - DEFINITIONS. SECTION I - COVERED AUTOS ITEM TWO of the Declarations shows the "autos" that are covered "autos" for each of your coverages. The following numerical symbols describe the "autos" that may be covered "autos." The symbols entered next to a coverage on the Declarations designate the only "autos" that are covered "autos." A. DESCRIPTION OF COVERED AUTO DESIGNATION SYMBOLS SYMBOL DESCRIPTION 1 = ANY "AUTO." 2 = OWNED "AUTOS" ONLY. Only those "autos" you own (and for Liability Coverage any "trailers" you don't own while attached to power units you own). This includes those "autos" you acquire ownership of after the policy begins. 3 = OWNED PRIVATE PASSENGER "AUTOS" ONLY. Only the private passenger "autos" you own. This includes those private passenger "autos" you acquire ownership of after the policy begins. 4 = OWNED "AUTOS" OTHER THAN PRIVATE PASSENGER "AUTOS" ONLY. Only those "autos" you own that are not of the private passenger type (and for Liability Coverage any "trailers" you don't own while attached to power units you own). This includes those "autos" not of the private passenger type you acquire ownership of after the policy begins. 5 = OWNED "AUTOS" SUBJECT TO NO- FAULT. Only those "autos" you own that are required to have No -Fault benefits in the state where they are licensed or principally garaged. This includes those "autos" you acquire ownership of after the policy begins provided they are required to have No -Fault benefits in the state where they are licensed or principally garaged. 6 = OWNED "AUTOS" SUBJECT TO A COMPULSORY UNINSURED MOTORISTS LAW. Only those "autos" you own that because of the law in the state where they are licensed or principally garaged are required to have and cannot 7 reject Uninsured Motorists Coverage. This includes those "autos" you acquire' ownership of after the policy begins provided they are subject to the same state uninsured motorists requirement. SPECIFICALLY DESCRIBED "AUTOS." Only those "autos" described in ITEM THREE of the Declarations for which a premium charge is shown (and for Liability Coverage any "trailers" you don't own while attached to any power unit described in ITEM THREE). 8 = HIRED "AUTOS" ONLY Only those "autos" you lease, hire, rent or borrow. This does not include any "auto" you lease, hire, rent, or borrow from any of your employees or partners or members of their households. NONOWNED "AUTOS" ONLY. Only those "autos" you do not own, lease, hire, rent or borrow that are used in connection with your business. This includes "autos" owned by your employees or partners or members of their households but only while used in your business or your personal affairs. B. OWNED AUTOS YOU ACQUIRE AFTER THE POLICY BEGINS 1. If symbols 1,2,3,4,5 or 6 are entered next to a coverage in ITEM TWO of the Declarations, then you have coverage for "autos" that you acquire of the type described for the remainder of the policy period. 2. But, if symbol 7 is entered next to a coverage in ITEM TWO of the Declarations, an "auto" you acquire will be a covered "auto" for that coverage only if: a. We already cover all "autos" that you own for that coverage or it replaces an "auto" you previously owned that had that coverage; and b. You tell us within 30 days after you acquire it that you want us to cover it for that coverage. compulsory or financial responsibility law of the jurisdiction where the covered "auto" is being used. This extension does not apply to the limit or limits specified by any law governing motor carriers of passengers or property. (2) Provide the minimum amounts and types of other coverages, such as no- fault, required of out of state vehicles by the jurisdiction where the covered "auto" is being used. We will not pay anyone more than once for the same elements of loss because of these extensions. B. EXCLUSIONS This insurance does not apply to any of the following: 1. EXPECTED OR INTENDED INJURY "Bodily injury" or "property damage" expected or intended from the standpoint of the "insured." 2. CONTRACTUAL 3 4 Liability assumed under any contract or agreement. But this exclusion does not apply to liability for damages: a. Assumed in a contract or agreement that is an "insured contract" provided the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agreement; or b. That the "insured" would have in the absence of the contract or agreement. WORKERS COMPENSATION Any obligation for which the "insured" or the "insured's" insurer may be held liable under any workers compensation, disability benefits or unemployment compensation law' or any similar law. EMPLOYEE INDEMNIFICATION AND EMPLOYER'S LIABILITY "Bodily injury" to: a. An employee of the "insured" arising out of and in the course of employment by the "insured;" or b. The spouse, child, parent, brother or sister of that employee as a consequence of paragraph a. above. This exclusion applies: (1) Whether the "insured" may be liable as. an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. CA 00 01 12 93 COMMERCIAL AUTO But this exclusion does not apply to "bodily injury" to domestic employees not entitled to workers compensation benefits or to liability assumed by the "insured" under an "insured contract." 5. FELLOW EMPLOYEE "Bodily injury" to any fellow employee of the "insured" arising out of and in the course of the fellow employee's employment. 6. CARE, CUSTODY OR CONTROL "Property damage" to or "covered pollution cost or expense" involving property owned or transported by the "insured" or in the "insured's" care, custody or control. But this exclusion does not apply to liability assumed under a sidetrack agreement. 7. HANDLING OF PROPERTY "Bodily injury" or "property damage" resulting from the handling of property: a. Before it is moved from the place where it is accepted by the "insured" for movement into or onto the covered "auto;" or b. After it is moved from the covered "auto" to the place where it is finally delivered by the "insured." 8. MOVEMENT OF PROPERTY BY MECHANICAL DEVICE "Bodily injury" or "property damage" resulting from the movement of property by a mechanical device (other than a hand truck) unless the device is attached to the covered "auto." 9. OPERATIONS "Bodily injury" or "property damage" arising out of the operation of any equipment listed in paragraphs 6.b. and 6.c. of the definition of "mobile equipment." 10. COMPLETED OPERATIONS "Bodily injury" or "property damage" arising out of your work after that work has been completed or abandoned. In this exclusion, your work means: a. Work or operations performed by you or on your behalf; and b. Materials, parts or equipment furnished in connection with such work or operations. _ Your_work includes warranties. or representations made at any time with respect to the fitness, quality, durability or performance of any of the items included in paragraphs a. or b. above. endorsement, Uninsured Motorists Coverage endorsement or Underinsured Motorists Coverage endorsement attached to this Coverage Part. SECTION III - PHYSICAL DAMAGE COVERAGE A. COVERAGE 1. We will pay for "loss" to a covered "auto" or its equipment under: a. Comprehensive Coverage. From any cause except: (1) The covered "auto's" collision with another object; or (2) The covered "auto's" overturn. b. Specified Causes of Loss Coverage. Caused by: (1) Fire, lightning or explosion; (2) Theft; (3) Windstorm, hail or earthquake: (4) Flood; (5) Mischief or vandalism; or (6) The sinking, burning, collision or derailment of any conveyance transporting the covered "auto." c. Collision Coverage. Caused by: (1) The covered "auto's" collision with another object; or (2) The covered "auto's" overturn. 2. Towing. We will pay up to the limit shown in the Declarations for towing and labor costs incurred each time a covered "auto" of the private passenger type is disabled. However, the labor must be performed at the$lace of disablement. 3. Glass Breakage - Hitting a Bird or Animal - Failing Objects or Missiles. If you carry Comprehensive Coverage for the damaged covered "auto," we will pay for the following under Comprehensive Coverage: a. Glass breakage; b. "Loss" caused by hitting a bird or animal; and c. "loss" caused by falling objects or missiles. However, you have the option of having glass breakage caused by a covered "auto's" collision or overturn considered a "loss" under Collision Coverage. 4. Coverage -.Extension. We will-pay up to $15 per day to a maximum of $450 for transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" CA 00 01 12 93 COMMERCIAL AUTO for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for transoortation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss." 13. EXCLUSIONS 1. We will not pay for "loss" caused by or resulting from any of the following. Such "loss" is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the "loss." a. Nuclear Hazard. (1) The explosion of any weapon employing atomic fission or fusion; or (2) Nuclear reaction or radiation, or radioactive contamination, however caused. b. War or Military Action. (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power or action taken by governmental authority in hindering or defending against any of these. 2. We will not pay for "loss" to any covered "auto" while used in any professional or organized racing or demolition contest or stunting activity, or while practicing for such contest or activity. We will also not pay for "loss" to any covered "auto" while that covered "auto" is being prepared for such a contest or activity. 3. We will not pay for "loss" caused by or resulting from any of the following unless caused by other "loss" that is covered by this insurance. a. Wear and tear, freezing, mechanical or electrical breakdown. b. Blowouts, punctures or other road damage to tires. 4. We will not pay for "loss" to any of the following: a. Tapes, records, discs or other similar audio, visual 'or date electronic devices designed for use with audio, visual or data electronic equipment. b. Equipment designed or used for the detection or location of radar. 0 01 AGREEMENT P. O. it CONTRACT AMOUNT S 389,790.59 ACCOUNT NO. 270- 9531 -7014 THIS AGREEMENT, made and entered into this /5-61day of MA y , 2001, by and between the CITY OF CUPERTINO, a municipal corporation of California, hereinafter referred to as "CITY ", and DKS Associates, a consulting firm with offices at 1956 Webster Street, Suite 300, Oakland, CA 94612 -2931, hereinafter referred to as "CONSULTANT "; WITNESSETH: WHEREAS, CITY desires to retain traffic engineering services in conjunction with Cupertino Interchanges Ramp Meter Arterial Traffic Signal Interconnect Project; and WHEREAS, CITY desires to engage CONSULTANT to provide these services by reason of its qualifications and experience for performing such services, and CONSULTANT has offered to provide the required services on the terms and in the manner set forth herein; NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree as follows: DEFINITIONS. (a) The word "City" as used in this agreement shall mean and include all the territory lying within the municipal boundaries of the City of Cupertino, California, as presently existing, plus all territory which may be added thereto during the term of this agreement by annexation or otherwise. (b) The term "City Manager" shall m .-an the duly appointed City Manager of the City of Cupertino, California, or his designated representative. (c) The term "City Attorney" shall mean the duly appointed City Attorney of the City of Cupertino, California, or his designated representative. (d) The term "City Clerk" shall mean the duly appointed City Clerk of the City of Cupertino, California, or her designated representative. (e) The term "FHWA" shall mean the Federal Highway Administration. (f) The term "State" shall mean the State of California Department of Transportation. 2. CONSULTANT CONTRACT ADMINISTRATION. (a) City. The City Manager shall be representative of CITY for all purposes under this agreement. Raymond Chong hereby is designated as the CONTRACT ADMINISTRATOR for the City Manager, and shall supervise the progress and execution of this agreement. (b) Consultant. CONSULTANT shall assign a single PROJECT MANAGER to have overall responsibility for the progress and execution of this agreement for CONSULTANT. Kevin Aguigui is hereby is designated as the PROJECT MANAGER for CONSULTANT. Should circumstances or conditions subsequent to the execution of this agreement require a substitute PROJECT MANAGER for any reason, the PROJECT MANAGER designee shall be subject to the prior written acceptance and approval of the CONTRACT ADMINISTRATOR. 3. DESCRIPTION OF WORK. (a) Services to be Furnished. CONSULTANT shall provide all specified services as set forth in the following documents: (1) CITY's "Request for Proposal (RFP) for Cupertino Interchanges Ramp Meter Arterial Traffic Signal Interconnect Project, dated August 31, 2000, attached by reference as Exhibit A. (2) CONSULTANT's "Proposal to Provide Design Engineering Services for Cupertino Interchanges Ramp Meter Arterial Traffic Signal Interconnect Project, dated February 13, 2001, attached by reference as Exhibit B. (b) Laws to be Observed. CONSULTANT shall: (1) Procure all permits and licenses, pay all charges and fees, and give all notices which may be necessary and incident to the due; and lawful prosecution of the services to be performed by CONSULTANT under this agreement. (2) Keep itself fully informed of all existing and future federal, state, and local laws, ordinances, regulations, orders, and decrees which may affect those engaged or employed under this agreement, any materials used in CONSULTANT's performance under this agreement, or the conduct of the services under this agreement. (3) At all times, exercise due professional care to observe and comply with, and cause all of its subconsultants and employees, if any, to observe and comply with all of said laws, ordinances, regulations, orders, and decrees mentioned above; (4) Immediately report to the CONTRACT ADMINISTRATOR in writing any discrepancy or inconsistency it discovers in said laws, ordinances, regulations, orders, and decrees mentioned above in relation to any plans, drawings, specifications, or provisions of this agreement. (c) Release to Reports and Information. Any 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, under this agreement without the prior written approval of the City Manager. (d) Qualifications of CONSULTANT. CONSULTANT represents that it is qualified to furnish the services described under this agreement. TIME OF BEGINNING AND COMPLETION. CONSULTANT shall begin work after letter of notification has been sent to the CONSULTANT from the CITY. Work will be completed by August 31, 2002. PAYMENTS. The basis of payment for the services provided by the CONSULTANT under this agreement shall be computed as cost plus fee rates. (a) The CITY shall reimburse the CONSULTANT on a time and expenses basis for actual cost plus fixed fee (including labor costs, emplcyee 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 $389,790.59. 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 CONSULTANT's headquarters which is hereby designated 1956 Webster Street, Suite 300, Oakland, CA 94612 -2931. 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 $389,790.59. The CONSULTANT's cost proposal is stated in the following documents: (1) Consultant's "Cost Proposal ", dated February 13, 2001, 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. For the purpose of determining compliance with Public contract Code Section 10115, et seq., and Title 21, California Code of Regulation, Chapter 21, Section 2500 et seq., when applicable, and other matters connected with the performance of the contract pursuant to Government Code Section 8546.7, the CONSULTANT, SUBCONSULTANT, and the CITY shall maintain all books, documents, papers accounting records, and other evidence pertaining to the performance of the contract, including, but not limited to, the costs of administering the contract. All parties shall make such materials available at their respective offices at all reasonable times during the contract period and for three years from the date of final payment under the contract. The CITY, State, the State Auditor, FHWA or any duly authorized representative of the Federal Government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of the CONSULTANT that are pertinent to the contract for audits, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested. article. Any subcontract, entered into as a result of this contract, shall contain all the provisions of this 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 any other consideration contingent upon or resulting from the award or formation of this agreement. For breach or violation of this warranty, the CITY shall 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. (b) The CONSULTANT agrees that the Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31 et seq., shall be used to determine the allowability of individual items of cost. (c) The CONSULTANT also agrees to comply with Federal procedures in accordance with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. (d) Any costs for which payment has been made to CONSULTANT that are determined by subsequent audit to be unallowable under 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31 et seq., or 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, are subje -.t to repayment by CONSULTANT to CITY. (e) Any subcontract, entered into as a resu ft of this contract, shall contain all the provisions of this article. 8. DESIGN STANDARDS. The CONSULTANT shall provide services that conform with the appropriate standards for design or other standards for work performance as stipulated as follows: (1) Caltrans' Highway Design Manual (2) Caltrans' Traffic Manual (3) National Transportation Communications for ITS Protocol (4) National Intelligent Transportation 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 atta nment of the agreement objectives. (a) Ownership of Documents. The tracings, plans, specifications, and maps prepared as instruments of professional services or obtained under the terms of the agreement be delivered to and become the property of the CITY, and that basic 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. The CONSULTANT shall not be responsible for CITY's modification to its instruments of professional services or for their re -use on other projects. 10. CHANGES IN WORK. All changes and /or extra work shall be performed and paid for in accordance with the following: (a) Only the City Engineer or City Council may authorize extra and /or changed work. CONSULTANT expressly recognizes that other City personnel are without authorization to either order extra and /or changed work or waive contract requirements. Failure of CONSULTANT to secure the Council's or City Engineer's prior written authorization for such extra and /or changed work shall constitute a waiver of any and all right to adjustment in contract price due to such unauthorized work and CONSULTANT thereafter shall be entitled to no compensation whatsoever for performance of such work. (b) If the CONSULTANT is of the opinion that any work he has been directed to perform is beyond the scope of this agreement and constitutes extra work, he shall promptly notify the CITY of the fact. The CITY shall make a determination as to whether or not such work is, in fact, beyond the scope of this Agreement and constitutes extra work. In the event that the CITY determines that such work does constitute extra work, it shall provide extra compensation to the CONSULTANT on a fair and equitable basis. A supplemental agreement providing for such compensation for extra work shall be negotiated between the CITY and the CONSULTANT. Such supplemental agreement shall be executed by the CONSULTANT and be approved by the necessary CITY officials. (c) In the event CITY determines that such work does not constitute extra work, CONSULTANT shall not be paid extra compensation above that provided herein and if such determination is made by CITY staff, said determination may be appealed to the City Council as long as a written appeal is submitted to the City Manager within five (5) days after the staff's determination is received by the CONSULTANT. Said written appeal shall include a description of each and every ground upon which CONSULTANT challenges the staff's determination. 11. DELAYS AND EXTENSIONS. The CITY shall consider an appropriate extension of time in case of unavoidable delays and for consideration of corresponding warranted adjustments in payment. In the event that the services called for under this agreement are not completed within the time specified above, the City Manager shall have the option to extend the time for completion. This paragraph does not preclude the recovery of damages for delay by either party. Neither party shall be responsible for delays from causes beyond its reasonable control. 12. TERMINATION OR ABANDONMENT. (a) Right to Suspend or Terminate. Either party may suspend or terminate this agreement for any reason by giving thirty (30) days' written notice. Upon receipt of such notice CONSULTANT shall immediately discontinue his performance under this agreement. The City Manager shall have the authority to suspend this agreement, wholly or in part, for such period as he deems necessary due to unfavorable conditions or to the failure on the part of the CONSULTANT to perform any provision of this agreement. (b) Payment. Upon such suspension or termination, CONSULTANT shall be paid for all services actually rendered to CITY to the date of such suspension or termination; provided, however, if this agreement is suspended or terminated for fault of CONSULTANT, CITY shall be obligated to compensate CONSULTANT only for that portion of CONSULTANT services which are of benefit to CITY. (c) Return of Materials. Upon such suspension or termination, CONSULTANT shall turn over to the City Manager immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by CONSULTANT or its subconsultants, if any, or given to CONSULTANT or its subconsultants, if any, in connection with this agreement. Such materials shall become the permanent property of CITY. CONSULTANT, however, shall not be liable for CITY's use of incomplete materials or for CITY's use of complete documents if used for other than the project contemplated by this agreement. 13. REMEDIES Upon a breach or default of any of the terms or obligations of this Agreement by CONSULTANT, the CITY shall be entitled to exercise all rights and remedies hereby reserved under this agreement or made available under applicable laws. 14. RESPONSIBILITY FOR CLAIMS AND LIABILITY (INDEMNIFICATION). CONSULTANT hereby agrees to indemnify and save harmless CITY, its officers, agents, and employees of and from: (a) Any and all damages to or destruction of the property of CITY, its officers, agents, or employees occupied or used by or in the care, custody, or control of CONSULTANT caused by any negligent act, error, or omission of CONSULTANT or any subconsultant under this agreement or of CONSULTANT's or any subconsultant's employees or agents. (b) Any and all claims and demands which may be made against CITY, its officers, agents, or employees by reason of any injury to or death of or damage suffered or sustained by any employee or agent of CONSULTANT or any subconsultant under this agreement, to the extent caused by any negligent act, error or omission of CONSULTANT, excepting, however, any such claims and demands which are the result of the negligence or willful misconduct of CITY, its officers, agents, or employees. (c) Any and all penalties imposed or damages sought on account of the violation of any law or regulation or of any tern or condition of any permit by CONSULTANT, to the extent caused by any negligent act, error or omission of CONSULTANT. (d) The CONSULTANT is not responsible for the accuracy of data from any other sources or from conclusions reached as a result of utilizing information supplied by third persons. (e) The CITY agrees to provide legal defense to challenges of the adequacy and completeness of the services provided. The CONSULTANT shall assist the CITY in responding to such challenges. If it is subsequently ruled by a court of jurisdiction that errors of facts, procedures, or scope have occurred and that these errors and /or omissions were the result of the CONSULTANT's own negligent professional services, then the CONSULTANT shall be responsible for providing whatever remedies may be required to make the analysis adequate and complete. A. Cost Principles Under Early Termination Termination settlement expenses will b-- reimbursed in accordance with 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31. Subpart 31.205 -42 (c) dealing with initial costs is not applicable to architectural and engineering contract terminations. B. Adjustment of Fixed Fee Under Early Termination The fixed fee will be adjusted as determined by the CONTRACT MANAGER in accordance with the guidelines established in 48 CFR Chapter 1, Section 49.305 -1. 15. GENERAL COMPLIANCE WITH LAWS AND WAGE RATES. The CONSULTANT shall comply with all Federal, State, and local laws and ordinances applicable to the work. This includes compliance with prevailing wage rates and their payment in accordance with California Labor Code, Section 1775. (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 exceeding $25,000 in cost shall contain all required provisions of the prime contract. (1) Assignment. Both parties shall give their personal attention to the faithful performance of this agreement and shall not assign, transfer, convey, or otherwise dispose of this agreement or any right, title, or interest in or to the same or any part thereof without the prior written consent of the other party, and then only subject to such terms and conditions as the other party may require. A consent to one assignment shall not be deemed to be a consent to any subsequent assignment. Any assignment without such approval shall be void, and, at the option of the other party, shall terminate this agreement and any license or privilege granted herein. This agreement and any interest herein shall not be assignable by operation of law without the prior written consent of the other party. (2) Subconsultants; Employees. CONSULTANT shall be responsible for employing or engaging all persons necessary to perform the services of CONSULTANT hereunder. No subconsultant of CONSULTANT will be recognized by CITY as such; rather, all subconsultants are deemed to be employees of CONSULTANT, and it agrees to be responsible for their performance. CONSULTANT shall give its personal attention to the fulfillment of the provisions of this agreement by all of its employees and subconsultants, if any, and shall keep the work under its control. If any employee or subconsultant of CONSULTANT fails or refuses to carry out the provisions of this agreement or appears to be incompetent or to act in a disorderly or improper manner, he shall be discharged immediately from the work under this agreement on demand of the CONTRACT ADMINISTRATOR. (b) Consultant's Endorsement on Plans, Specifications, & Estimates /Other Data. The responsible CONSULTANT /engineer shall sign all plans, specifications, estimates, and engineering data furnished by him /her and where appropriate, indicate his /her registration number. (c) Disadvantaged Business Enterprise Considerations. CONSULTANT has given consideration to DBE firms as specified in 23 CFR 172.5(e) and has met requirements in the provisions of Title 49, Part 23, Code of Federal Regulations (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 Disadvantaged Business Enterprises (DBEs) have the opportunity to participate in federally- funded, transportation projects. The agency has established a goal of 10% DBE participation in this consultant contract. In order to meet these requirements, the following criteria have been established: Participation by Caltrans' certified DBEs as a prime consultant or sub - consultants in this contract, or 2. A good faith effort by the prime consultant in trying to secure participation by DBEs prior to award of this contract. Documentation of a good faith effort is to be submitted in writing and consists of the following: a. A list of Caltrans' certified DBEs solicited. b. Description of efforts to use the services of available minority community organizations; minority contracting groups; women contractor groups; and local, State, and Federal minority business assistance centers in the recruitment and placement of DBEs including name of contact, date of contact, and information they provided. C. Identification of the portions of the work to be performed by DBEs, including type of work and dollar value. Documentation of good faith negotiations between subcontractors and interested DBEs, including names and dollar value of all bids. 16. INSPECTION. CONSULTANT shall furnish CITY with every reasonable opportunity for CITY to ascertain that the services of CONSULTANT are being performed in accordance with the requirements and intentions of this agreement. All work done and all materials furnished, if any, shall be subject to the CONTRACT ADMINISTRATOR's inspection and approval. The inspection of such work shall not relieve CONSULTANT of any of its obligations to fulfill its agreement as prescribed. 17. INDEPENDENT JUDGMENT. Failure of CITY to agree with CONSULTANT's independent findings, conclusions, or recommendations, if the same are called for under this agreement, on the basis of difference in matters of judgment shall not be construed as a failure on 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: Ralph A. Qualls, Jr. Contract Administrator City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 TO CONSULTANT: Kevin Fehon Principal DKS Associates 1956 Webster Street, Suite 300 Oakland, CA 94612 -2931 19. INTEREST OF CONSULTANT. CONSULTANT covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services hereunder. CONSULTANT further covenants that, in the performance of this agreement, no subconsultant or person having such an interest shall tie 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 D (b) Certification of Consultant, attached as Exhibit E. 21. INSURANCE. CONSULTANT, at its sole cost and expense, shall obtain and maintain in full force and effect throughout the entire term of this agreement, the insurance coverage of at least an "A" rating as determined in accordance with the Best's Guide Rating, and class VII in financial rating, insuring not only CONSULTANT, but also (with the exception of workers' compensation and employer's liability insurance), CITY, its officers, agents, and employees, and each of them with respect to activities and services performed by CONSULTANT for or on behalf of CITY under the provisions of this agreement. Certificates of such insurance, on the forms provided by CITY, shall be filed with CITY concurrently with the execution of this agreement attached as Exhibit F -1 to F -7. With the exception of professional liability insurance, said certificates shall be subject to the approval of the City Attorney and shall contain an endorsement stating that said insurance is primary coverage, and will not be canceled or altered by the insurer except after filing with the City Clerk thirty (30) days written notice of such cancellation or alteration, and that the City of Cupertino is named as an additional insured. Current certificates of such insurance shall be kept on file at all times during the term of this agreement with the City Clerk. 22. WORKERS' COMPENSATION. CONSULTANT certifies that it is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for workers' compensation or to undertake self - insurance in accordance with the provisions of that Labor Code, and it certifies that it will comply with such provisions before commencing the performance of the work of this agreement. 23. AGREEMENT BINDING. The terms, covenants, and conditions of this agreement shall apply to, and shall bind the heirs, successors, executors, administrators, assigns, and subconsultants of both parties. 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 Practices Act or similar provisions of federal law or executive order in the performance of this agreement, it shall thereby be found in material breach of this agreement. Thereupon, CITY shall have the power to cancel or suspend this agreement, in whole or in part, or to deduct from the amount payable to CONSULTANT the sum of Twenty -five Dollars ($25) for each person for each calendar day during which said person was discriminated against, as damages for said breach of contract, or both. Only a finding of the State of California Fair Employment Practices Commission or the equivalent federal agency or officer shall constitute evidence of a violation of contract under this paragraph. If CONSULTANT is found in violation of the nondiscrimination provisions of this agreement or the applicable affirmative action guidelines pertaining to this agreement, CONSULTANT shall be found in material breach of this agreement. Thereupon, CITY shall have the power to cancel or suspend this agreement, in whole or in part, or to deduct from the amount payable to CONSULTANT the sum of Two Hundred Fifty Dollars ($250) for each calendar day du; ,-ing which CONSULTANT is found to have been in such noncompliance as damages for said breach of contract, or both. 27. AGREEMENT CONTAINS ALL UNDERSTANDINGS. This document represents the entire and integrated agreement between CITY and CONSULTANT and supersedes all prior negotiations, representation, or agreements, either written or oral. This document may be amended only by written instrument, signed by both CITY and CONSULTANT. All provisions of this agreement are expressly made conditions. This agreement shall be governed by the laws of the State of California. IN WITNESS WHEREOF, CITY and CONSULTANT have executed this agreement the day and year first written above. ATTEST: , e�� ", C—�� City Clerk APPR E AS TO FO ity Attorney DKS Associates Consultant % - 7k� Name 1956 Webster Street, Suite 300 Address Oakland, CA 94612 -2931 City, State, ZIP (510) 763 -2061 Telephone Social Security Number or Tax Identification Number 94-2583153 I'M CITY OF C PERTINO '(A Director of Public Wo s LIST OF EXHIBITS Exhibit Title A City's "Request for Proposal— Cupertino Interchanges Ramp Meter Arterial Traffic Signal Interconnect Project ", dated August 31, 2000. B Consultant's "Proposal to Provide Design Engineering Services for Cupertino Interchanges Ramp Meter Arterial Traffic Signal Interconnect Project, dated January 23, 2001. B Consultant's "Cost Proposal ", dated February 13, 2001. C Consultant's "Work Plan ", dated January 5, 2001 D Certification of Local Agency E Certification of Consultant F -1 Insurance Agreement F -2 Certificate of Insurance F -3 Endorsement of Primary Insurance F -4 Additional Insured Endorsement F -5 Comprehensive General Liability Commercial General Liability Endorsement of Aggregate Limits of Insurance per project F -6 Waiver of Subrogation Endorsement Worker's Compensation Insurance F -7 Notice of Policy Cancellation Endorsement 10300 Torre Avenue Cupertino, CA 95014 -3255 .,1 (408) 777-3354 LLL. Fax: (408) 777 -3333 CITY OF C U P E ITT I N O Department of u is Works File No. 74001.25 August 31, 2000 SUBJECT: REQUEST FOR PROPOSALS (RFP) for TRAFFIC ENGINEERING SERVICES for the CUPERTINO INTERCHANGE IMPROVEMENTS — RAMP METER SIGNAL/ARTERIAL TRAFFIC SIGNAL INTERCONNECTION PROJECT Gentlemen: The City of Cupertino is requesting proposals from qualified firms to provide traffic engineering services for the subject project. Submittal Instructions: Interested firms must submit five (5) copies of their proposal to: Raymond Chong, City Traffic Engineer, City of Cupertino, 10300 Torre Avenue, Cupertino, CA 95014. The deadline for submittal is Thursday September 20 2000 at 2:00 p.m. Incomplete or late submittal may be rejected. Project Background/Description: The goal of this project is to improve traffic flow on the City's Metropolitan Transportation System (MTS) arterials and reduce queue spillbacks from the freeway ramps by developing a data exchange and monitoring system between the freeway ramp meter signals with arterial traffic signals. The four specific project interchanges are 1) I -280 and Wolfe Road, 2) I -280 and De Anza Boulevard, 3) SR -85 and De Anza Boulevard and 4) SR -85 and Stevens Creek Boulevard. The City's MTS arterials are Wolfe Road, Stevens Creek Boulevard and De Anza Boulevard. During peak traffic flows, the I -280 and SR -85 freeway corridors have periods of severe congestion. Queue spillbacks from the ramps create bottlenecks on the three project arterials. Currently, it is not possible to effectively manage and coordinate the traffic between the freeway ramps and the arterial streets. This project is to develop a system to optimally coordinate timings between ramp meter signals and arterial traffic signals to improve traffic flow. A two -way data exchange system between the Caltrans ramp meters and the City's arterial traffic signals is to be developed and used to devise and implement a sysv*cm to adjust arterial signal timings to match the current traffic conditions. The data exchange is envisioned to occur between the Traffic Operation Centers (TOC) of Caltrans and the City, not directly from the controllers, so the actual field equipment should be independent of the data provided. The system should provide for coordinated adjustment of signal timings by both the City and Caltrans staff. The system shall comply with National Transportation Communications for Intelligent Transportation System Protocol (NTCIP). The project should make use and build on the Printed on Pecvcled Paper August 31, 2000 Request for Proposals: Cupertino Interchange Improvements — Ramp Meter Signal /Arterial Traffic Signal Interconnection Project Page 2of7 data exchange network and center -to- center communications system based on NTCIP protocols developed through the Silicon Valley Smart Corridor project. This project shall also include provisions for integrating video monitoring of the Project intersections. The system must also be compatible with the City's recently installed "Streetwise" advanced traffic management software system by Naztec, Inc. yNaztec 900 traffic signal controllers operate the arterial traffic signal. Caltrans currently uses Model 170 controllers to operate the ramp meters, however, they will be upgrading their controllers to Model 2070. The upgrade is expected to occur when development of their Traffic Operation System (TOS) software is completed. Funding/Budget: This is a federally funded first cycle TEA -21 Surface Transportation Program /Congestion Management Air Quality (STP /CMAQ) project. The total project budget is $500,000. This includes all design, administration, construction and contingency costs to successfully implement the project. The funding deadline to obligate construction funds for this project is September 30, 2001. Construction funds must be obligated prior to advertising for construction bids. The construction phase will include furnishing and installing the necessary hardware and providing the construction phase engineering services to implement the system. Information available from the City: The following information is attached to this RFP: • Project location Map • Caltrans Map of South Bay Area TOS Elements • Grant application. A copy of the 1998 STP /CMAQ Application: 25% Funds — Corridor Management Projects • Project Information Form for the Transportation Systems Operations Task Force Other information that will be made available to the selected consultant include the following: • Timing plans • Traffic data (arterial, ramp, freeway and intersection traffic volumes, speed surveys) • Traffic collision data • Transportation System Management Master Plan Several other projects are either planned or underway on both the arterials and project interchanges. These include improvements to the Wolfe/I -280 interchange by both Caltrans and the City, an ATMS Smart Corridor Project on Stevens Creek Boulevard, a Generation 1.5 Traffic Responsive System and other system upgrade projects. Additional information on these projects will be made available to the selected consultant. General Scope of Services: The City generally defines scope of work for the project as follows: August 31, 2000 "Request for Proposals: Cupertino Interchange Improvements — Ramp Meter Signal /Arterial Traffic Signal Interconnection Project Page 3 of 7 Task 1 — PROJECT MANAGEMENT: This task shall include all the necessary activities for the consultant to manage the project. It includes coordination with subconsultants, utility companies, other agencies, Caltrans and the City. Specific tasks include the following: • Prepare and update Project Contact List • Prepare and update Project Schedule • Prepare Monthly Progress Reports - including work accomplished during the past month, work scheduled for the upcoming month, any outstanding issues that may affect schedule and/or budget, and status of budget • Prepare meeting agendas, meeting minutes, including action items • Attend kick -off and monthly progress meetings with City and Caltrans Task 2 — CONCEPTUAL DESIGN: This task shall include data collection, base mapping, review, inventory and assessment of the existing hardware and software, both in the field and in the Traffic Operations Center. Any unique conditions or those that may impact the implementation should be identified. Design parameters and guidelines that should be incorporated into the project should be identified. A Concept of Operations Report shall be prepared that details the planning, implementation and construction of the Project. Specific tasks may include the following: • Review existing conditions, data, plans, and information. • Identify, collect and reduce additional data needed. • Prepare base maps and/or graphics. • Prepare working paper summarizing data and design parameters to be incorporated into project. • Concept of Operations Report Task 3 — FINAL DESIGN: This task shall include software design and preparation of construction contract documents (plans, specifications and estimates (PS &E)) for the data collection and exchange and monitoring systems. The PS &E shall cover the necessary system hardware requirements and the provisions for contractor installation. It is anticipated that hardware will consist of video detection and monitoring equipment, modems, computers, and possibly loop and conduit installation on the arterials and/or ramps. This task shall incorporate the data and design parameters developed under Task 2. Specific tasks may include: • Software development (design and testing) • Preparation of PS &E • Field tests and reviews August 31, 2000 Request for Proposals: Cupertino Interchange Improvements —Ramp Meter Signal /Arterial Traffic Signal Interconnection Project Page 4of7 Task 4 — SYSTEM IMPLEMENTATION /CONSTRUCTION SUPPORT: This task shall include technical support during the bid, construction and post - construction phases of the project. It shall also include installation and modifications and/or adjustments to the software system developed under Task 3. Specific tasks may include the following: • Preparing bid addenda • Attending pre -bid meetings • Attending pre - construction meeting • Field visits • Review of submittals • Responding to request for information • Installation of software • Post- construction counts and evaluation of system performance • Prepare post - project report of system performance GENERAL PROPOSAL REOUIREMENTS Disadvantaged Business Enterprise Program Requirements: The provisions of Title 49, Part 26 of Code of Federal Regulations (CFR) and the City of Cupertino's adopted DBE Program require that Disadvantaged Business Enterprise (DBE) have the opportunity to participate in federally funded transportation projects. The agency has established the goal of 10% DBE participation in this consultant agreement. In order to meet these requirements, the following criteria have been established. • Participation by Caltrans certified DBEs as a prime consultant or subconsultants in this contract or • 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 list of Caltrans certified DBEs solicited. • Description of efforts to use the services of available minority community organizations; minority contractor groups; women contractor groups; and Local, State and Federal minority business assistance centers in the recruitment and placement of DBEs, including name of contact, date of contact and information they provided. • Identification of the portions of the work to be performed by DBEs including type of work and dollar value. • Documentation of good faith negotiations between subcontractors and interested DBEs including names and dollar values of all bids. The consultant shall provide DBE information on level of participation by DBEs on the project. August 31, 2000 "Request for Proposals: Cupertino Interchange Improvements — Ramp Meter Signal /Arterial Traffic Signal Interconnection Project Page 5 of 7 Insurance and Indemnification Requirements: ]During the course of work, the following insurance and indemnification requirements with the City as additional insured will be in force. General minimum requirements are as follows: • Workers compensation insurance to cover its employees ($1.0 million for each occurrence). • Commercial general liability insurance including personal injury and property damage insurance ($1.0 million for each occurrence and $2.0 million in aggregate). • Automobile liability insurance ($1.0 million for each occurrence). • Professional liability (errors and omissions) insurance ($1.0 million for each occurrence). • Indemnification and hold harmless provisions related to the consultant's negligent acts, errors or omissions. Consultant shall use the City's insurance forms with the consultant agreement. Sample ones are attached for your review. If you have any problems, state them in the technical proposal. Consultant Agreement Requirements: A sample consultant agreement outline plus certifications are attached for your review. If you have any problems, state them in the technical proposal. Business License Requirements: The consultant and their subconsultants must hold or obtain business licenses in the City for any work within City limits. Proposal Content: Proposals must include the following information: 1. Introduction: Introduce the proposal, including a statement of the proposer's understanding and approach of the project. Give the name of the firm submitting the proposal, its mailing address, telephone and fax number and the name of the contact person. Identify all proposed subconsultants. 2. Qualifications: The following information shall be submitted for the prime consultant and all proposed subconsultants to demonstrate the firms unique qualifications to perform the work: Brief company resume Resumes of key personnel to be assigned to this project List of similar projects (not more than 5) which best illustrate current qualifications to perform this project Work Plan: The work plan of tasks, work products and meetings shall be consistent with the Scope of Work and include the following elements: • Name of Project Manager • Organization chart showing the proposed relationships between all key personnel and support assigned to the project • Description of proposed responsibilities of each person on the organization chart • Description of the approach and methodology to provide traffic engineering services August 31, 2000 Request for Proposals: Cupertino Interchange Improvements — Ramp Meter Signal /Arterial Traffic Signal Interconnection Project Page 6of7 Estimate of work hours by staff for each task to 4. Project Schedule: The proposal shall present a slist d project n schedule of Works It reflect the time frame required to complete eac h milestone shall include a completion date for e-,ich milestone and identify milestones that are interdependent. Proposal should address how this schedule will be met. The anticipated schedule of activities related to this project is as follows: Milestone Proposals Due 2:00 P.M. Interviews Consultant Selection Final Scope /Cost Council Award of Contract Execute Consultant Agreement/Notice to Proceed Conceptual Design Complete Final Design Complete Caltrans Authorizes Construction Funds Advertise for Construction Bids Open Bids Award Construction Contract Contract Notice to Proceed Construction Complete Date September 21, 2000 September 28, 2000 September 29, 2000 October 13, 2000 October 16, 2000 November 6, 2000 January 4, 2001 June 1, 2001 June 11, 2001 April 11, 2001 August 7, 2001 August 20, 2001 September 24, 2001 November 30, 2001 5. Statement: The proposal shall include a statement regarding the consultant's acceptance of the City's requirements for Disadvantaged Business Enterprises, insurance and indemnification's, consultant agreements and business license that are presented herein. The consultant shall clearly state any exceptions. A principal, officer or owner of the firm with authority to bind the consultant, shall sign this statement. Cost Proposal: The cost proposal shall cover all traffic engineering services for the project. A sample one is attached for your review. The basis of payment shall be actual cost plus a fixed fee with a stated maximum contract limit. Consultant shall submit the cost proposal sealed in separate gnvelo a and plainly endorsed "COST PROPOSAL ". It shall consist of the following items: • A one page summary that lists the key items of cost with the total not to exceed the cost of the work • Work breakdown by task • Identification of any unclear contract requirement an d suitable resolution for it • DBE information form, including good faith efforts Consultant Selection Process: The proposals will be evaluated and ranked by a Consultant Section Committee (CSC). The CSC may include City staff and others. The CSC may reject any proposal if it is conditional, incomplete or contains irregularities. The CSC may waive any immaterial deviation August 31, 2000 Request for Proposals: Cupertino Interchange Improvements — Ramp Meter Signal /Arterial Traffic Signal Interconnection Project Page 7 of 7 in a proposal. Waiver of an immaterial deviation shall in no way modify the Request for Proposals documents nor affect recommendation for award of the contract. The criteria for selection of the consultant shall include: • Understanding of work • Experience with similar kinds of work • Quality of staff • Capability of developing innovative or advanced techniques • Knowledge of Local, State and Federal procedures • Financial responsibility • Intent for Disadvantaged Business Enter�� rises participation The Consultant Selection Committee `l anl o firms. The consultant will be allowed to m ake a brief presentation minutes maximum) by questions from the CSC. A formal presentation is not required. The CSC will evaluate the proposals and interviews and rank the consultants based on the above criteria. The City will negotiate a consultant agreement with the top - ranked consultant. If an agreement on cost cannot be reached with the first choice, then the City will open negotiations with the next highest ranked candidate. For any questions please contact Joe Enke of Zumwalt Engineering Group atjenke@zeginc.com or 925- 830 -5016. Sincerely, Bert J. Viskovich Director of Public Works Raymond D. Chong, P.E. City Traffic Engineer CC: Joseph C. Enke, Zumwalt Engineering Group Mark Powers, Caltrans Attachments: Project Figure DBE Information Forms Insurance Forms Sample Consultant Agreement Outline plus Certification Sample Cost Proposal 1998 STP /CMAQ Application. Project Information Form for the Transportation Systems Operations Task Force I Homestead Rd 0 Pror �Wwwww- - LEGEND • Cupertino Traffic Signal Pr A Joint Traffic Signal ■ Potential Traffic Signal y Cupertino Traffic Signals June 1999 wtino lritix�es irterconnect ramp mew signal with arterial traffic ges p Meter Arterial Traffic signals along 1-280 and SR 85 at DeAnza, 21 lmwmnr dut Stevens Creek & Wolfe Rd DKS Associa tes 1956 Webster Street, Suite 300 Oakland, CA 94612 -2925 (510) 763 -2061 Fax: (510) 268 -1739 February 13, 2001 Mr. Bruce Zaeni Zumwalt Engineering Group 2680 Bishop Drive, Suite 150 San Ramon CA 94583 Subject: Cupertino Ramp Meter Integration Project – Revised Cost Breakdown Dear Mr. Zaeni: .� nn O1 PP) P/A No. A990178 DKS Associates is pleased to present the revised cost breakdown for this contract. The attached tables are in a form suitable for attachment to the contract. The Cost Breakdown table shows DKS Associates complete costs, on a cost plus fixed fee basis. We have used the overhead rate recently approved through an audit by Caltrans, with a 10% fixed fee. We have revised the basis of the software supply sub - contract with Naztec to be on a CPFF basis, as requested. We have also included for information, the basis of the calculation of the budget for the traffic surveys sub - contract with Wiltec, which is still proposed to be conducted in accordance with the attached schedule of fees. The Siemens Gardner sub - contract will continue to be on a lump sum basis, as shown. If you have any questions, please call me on (510) 763 2061 Sincerely, DKS Associates A California Corporation O-z Kevin Fehon Principal Encl: contract schedules g: I a 199199x31781 fee I costs 010212. doc Overall Cost Proposal EXHIBIT 0 COST BREAKDOWN CONSUL T�#N'7 TF�AIxlt:`'MEMSEF�., � GRAf)E � .. 'HOURS ' F'J� .. C4 STS := TOTALSv Telephone /Fax $ 200.00 Computer Time 18.00 hrs $ 450.00 Kevin Fehon 777777 80 $57.72 ` $ 4,617.60 Kevin A ui ui '. 456 $39.89 $ $ 18,189.84 David Hu nh $ 480 $30.75._ .� ,' a;'� $ 14,760.00 Atul Patel 240 $30.80 r $ 7,392.00 In er Knox 61 $32.71 77777777 - $ 1,995.31 Support Staff 190 $20.67 _ $ 3,927.30 OTHER DIRECT COSTS LSU A 9 ©N,S T T:, O , Naztec - software supply IV I HL. LAMDWM. TOTAL OVERHEAD @ Total Labor + Overhead IR 171.44% $ JV,VVL.VJ 87,232.19 138,114.24 Mailing, courier, delivery $ 142.00 Reproduction /Copying $ 285.00 Telephone /Fax $ 200.00 Computer Time 18.00 hrs $ 450.00 Travel $ 200.00 Subsistence $ 200.00 Traffic Counts & Surveys (Wiltec, Inc) $ 33,410.00 Caltrans software integration (Siemens Gardner) $ 15,000.00 TOTAL OTHER DIRECT COSTS: $ 49,887.00 TOTAL DIRECT COSTS: FIXED FEE (10% OF COSTS): TOTAL SUBCONSULTANT COSTS: TOTAL CONTRACT AMOUNT: 99x3178 \Ramp Meter Cost Proposal_b.xls DKS $ 182,989.23 $ 188,001.24 $ 18,800.12 $ 182,989.23 $ 389,790.59 02/12/2001 6:10 PM EXHIBIT 13 COST BREAKDOWN )NSULTANT TEAM 'MEMB "GRADETfj" HOURS RATE r" " COST, , TOTALS--" Bryan Beyer Prof. 260 $ 4327 $ $ 11,250.00 John Black Prof. 120 43.27 $ $ 5,192.31 Dr. Nadeem Chaudhary Prof. 240 48.08 $ $ 11,538.46 Jeff Racz Programer 400, 43.27 $ $ 17,307.69 Kho Irani Programer 3601 36.06 $ $ 12,980.77_ Darren Beyer Programer 240 43.27 $ 10,384.62 Clyde Neel Prof. 160 52.88 $ 8,461.54 Henry Beyer Prof. 80 48.08 $ 3,846.15 $ I U I AL. L.AbUK: ;0 au,vo-1.0,4 TOTAL OVERHEAD 98.00% $ 79,342.31 OTHER DIRECT COSTS Mailing $ 50.00 Reproduction/Copying $ 50.00 Telephone/Fax $ 150.00 Computer Time $ - Travel $ 5,800.00 Subsistence (Included with travel) $ - Traffic Counts (included with DKIS fee) $ - TOTAL OTHER DIRECT COSTS: $ 6,050.00 TOTAL DIRECT COSTS: $ 160,303.85 FIXED FEE (10% OF COSTS): $ 16,635.38 TOTAL CONTRACT AMOUNT: $ 182,989.23 99x3178\Ramp Meter Cost Proposal_b.xls: Naztec 02/12/2001 6:10 PM VUiltec Cost Breakdown } - Machine counts $120 28 $3,360 Intesection counts $480 24 $11,520 Floating car surveys $100 76 $7,600 Custom surveys Queue and Delay) - Moses Wilson $120 20 $2,400 - Victoria Darragh $80 20 $1,600 - Associate Engineers $70 30 $2,100 - Technicians $40 50 $2,000 - Admin Assistant $35 40 $1,400 - Travel expenses $1,430 1 $1,430 Total $33,410 99x3178 \Ramp Meter Cost Proposal_b.xls: Wiltec 02/12/2001 6:10 PM 1 WILTEE INDIVIDUAL RATES Traffic En and Data Research January 2000 Moses R. Wilson, PE . ............... ............................... $120.00 per hour Victoria Wilson Darragh ............... ............................... $80.00 per hour Project Managers / Associate Engineers .. ............................... $70.00 per hour Engineering and Field Technicians ...... ............................... $40.00 per hour Administrative Assistants .............. ............................... $35.00 per hour TYPICAL SURVEY RATES Intersection Turning Movement Counts - Single 2 -hour count .... ............................... $200.00 per intersection - 2 -hour AM and 2 -hour PM count ......................... $320.00 per intersection - 2 -hour AM, 2 -hour MD and 2 -hour PM count ................ $480.00 per intersection - 3 -hour AM and 3 -hour PM count ......................... $480.00 per intersection - Each additional hour of survey at same location .................... $80.00 per hour (minimum $200.00 per intersection per order) Standard 24 -hour ADT machine counts First day of survey ....... ............................... $120.00 per machine Each additional consecutive day of survey at same location ...... $100.00 per machine i-7A)1 'Jf ,v"11.1,:": n •. °cc (minimum $200.00 per order) • Please note that rates are per machine used per location - NOT total per location Speed or Axle Classification machine counts .................. $150.00 per machine per day Radar Speed Surveys ......... ............................... $100.00 per survey hour (minimum $200.00 per order) Floating car surveys ....................... $100.00 per survey hour (vehicle costs included) (minimum $400.00 per order) Parking Surveys ......... ............................... $40.00 per hour per technician plus appropriate supervisor fees (minimum $200.00 per order) For surveys outside of the Greater San Francisco Bay Area or Greater Los Angeles area, please call for quote. ff Rates will be Increased by 25% for all manual field surveys conducted between the hours of 9 P.M. and 6 A.M., each additional hour past the first 8 hours of a continuous survey, and on all holidays PASADENA OFFICE AN710CH OFFICE 170 S. DeLacey Avenue • Pasadena, CA 91105 5124 Paddodc Court • Antioch, CA 94509 Tel (828) 584 -1944 • Fax (828) 584-0989 Tel (925) 708-9911 • Fax (925) 708 -9914 DKS Associates WORK PLAN Our Work Plan will consist of the following tasks: Task 1: Project Management Task 2: System Design Task 3: Software Design Task 4: System Implementation Task 1: Project Management At the outset of the project, a detailed Project Management Plan (PMP) will be prepared. This will be a controlled document that: • Specifies the responsibilities of all assigned staff and confirms that all staff are suitably qualified and trained for their assigned roles; • Defines project reporting arrangements; • Defines the schedule and cost management procedures; • Identifies the appropriate standards to be applied to the project and its products; • Defines the management team structure and interfaces with the City staff; and • Provides a schedule for the appropriate and relevant quality assurance procedures, such as internal quality audit, design verification and value engineering. The purpose of this PMP is to ensure that quality control is maintained throughout the duration of the project. This PMP will keep all involved agencies and staff on the same page bearing in mind the project's goals and objectives. The DKS Team project management services will include the following: • Preparation and updates of a Project Contact list. • Prepares and updates the Project Schedule • Prepares monthly progress reports • Prepares meeting agendas • Attendance at all meetings DKS will attend and make technical presentations, as needed, at meetings such as at any steering committee meetings, staff meetings, and any other meetings as requested by the affected agencies. DKS will prepare and submit to the city, the meeting minutes summarizing discussions at all meetings attended by DKS. Minutes will be distributed to all meeting participants and mailed to all non - attendees, including summaries for a follow -up action plan. Cupertino Interchange Improvements Page 2 -I Ramp Meter Signal /Arterial Traffic Signal Interconnection Project —SCOPE OF WORK (I 1051101) DKS Associates DKS will Schedule and conduct project pre- de:;ign meetings. The DKS Team will conduct personal interviews with staff from Caltrans regarding the decision - making and issues authority for the system design and implementation and required institutional coordination. Other issues that will be addressed during these interviews and process include, but are not limited to, the following: • Design and planning; • Administration relationships; • Implementation issues • System integration and coordination • Procurement practices • Operation and maintenance responsibilities • Staffing and training requirements • Resource sharing/joint operation • Inter jurisdictional traffic signal coordination • City -wide incident detection and management operations • Congestion mitigation DKS will coordinate planning and technical design activities with all involved personnel from the involved agencies, and primary and participating users during all phases of the project. This will include, but not be limited to: • Identifying administrative, design, operation, and maintenance personnel from each agency; • Coordinating with other agencies and projects working on overlapping elements of the proj ect; • Coordinating with other regional public agencies including TravInfo, MTC and the VTA to ensure no duplication of effort in the architecture development and the design and construction of any similar project; Deliverable: Project Management Plan Task 2: System Design The purpose of this task is to develop system operating strategies for the coordinated operation of ramp metering signals with adjacent City signals in order to improve the operational performance of the various freeway interchange corridors within the City. Concept of Operations We will prepare a Concept of Operation report that will include all the pertinent elements including addressing the physical and institutional layers that form the basis for the project. Some of the elements that will be identified and addressed in the Concept of Operations include: Cupertino Interchange Improvements Page 2 -2 Ramp Meter Signal /Arterial Traffic Signal Interconnection Project —SCOPE OF WORK (1105101) DKS Associates • Detailed traffic and safety issues • Current problems and complaints to be addressed • Local traffic patterns and events that affect patterns • Review of other projects that need coordination or consideration • Design standards and preferences • Caltrans policy and specific project requirements • High level system and software needs and requirements • Potential constraints • Needed physical improvements requiring construction • Data exchange needs • Procurement methods for system elements DKS will evaluate various operating strategies based upon integration of the freeway ramp metering signals with the adjacent City signals. These include: Arterial Coordination Only - This strategy does not involve coordination with the ramp metering signal. In this scenario, ramp metering rates and ramp volume demand does not adversely impact the arterial. Integrated Coordination - This strategy does involve coordination with the ramp metering signal. In this scenario, the prevailing ramp metering rates and ramp volume would adversely impact the arterial (i.e, extensive queue backup from the ramp onto the arterial). It is envisioned that based on the ramp metering rate and traffic demand, the signal timing would be adjusted accordingly for affected signals on the arterial. The feasibility of adjusting the ramp metering rate will also be evaluated based upon arterial performance. This would require the placement and use of additional detection to alert the signal system of excessive queue spillbacks or higher than normal occupancy rates. Diversion Strategies - This strategy involves the development and use of a diversion plan to redirect traffic to adjacent, less congested, on- ramps. This can employ the use of advance extinguishable message signs (EMS) to advise drivers of unusually congested conditions at one particular ramp interchange and direct drivers to a less congested interchange. For example, due to an incident on southbound I -280 just south of the De Anza Blvd. interchange, the metering rate at the I -280 SB on -ramp (at De Anza) is further restricted causing more than usual congestion on the arterial. Since the incident on the freeway (at this location) will cause a bottleneck for the downstream interchange (Wolfe Rd.), the metering rate at the I -280 SB on- ramp (at Wolfe Rd.) will tend to be less restrictive thus increasing the on -ramp capacity. In this scenario, EMS's can be employed to direct traffic bound for southbound I -280 from De Anza Blvd. to Wolfe Rd. This strategy would also incorporate the previous Integrated Coordination strategy to match arterial signal timing objectives with ramp metering objectives. As each different strategy is evaluated, it will become part of an overall citywide traffic management plan whereby each identified strategy can be potentially implemented depending on the severity of the congestion and the mitigating operational techniques needed. This overall Cupertino Interchange Improvements Page 2 -3 Ramp Meter Signal /Arterial Trajjic Signal Interconnection Project —SCOPE OF WORK (1 /05/01) DKS Associates plan will form the basis for the City and Caltrans to develop a coordinated effort in reducing and potentially eliminating the impacts of ramp metering on adjacent surface streets. DKS will prepare a System Architecture for this project to properly identify all of the potential stakeholders beyond the City and Caltrans. This architecture will identify the data flows between agencies and the traveling motorists. This architecture will be prepared in conjunction with the Regional ITS Architecture that is being prepared for the Bay Area Region. Deliverable: Concept of Operations Report. Citywide Traffic Management Plan Data Collection As part of this project, we will perform data collection to gather the following information: • Collect as -built drawings including for signal interconnect, Caltrans interchange Improvement Plans, and local improvement plans. • Collect utility record/as -built information within the project limits • Collect current signal timings, traffic volumes, and accident data • Perform field review of the corridor • Observe traffic operations during peak and off -peak periods • Ramp meter rates and counts DKS has already conducted a preliminary field inventory of existing conditions at the City's four freeway interchanges. At this early stage, we will finalize our detailed field inventory and inspection of the existing conditions. Signal timing and operations information will be collected for the study area traffic signals and ramp metering signals. The DKS Team will also collect peak period turning movement and 24 -hour automatic "tube" counts. The turning movement counts will be collected at the eight study area intersections, and the tube counts will be collected at four (4) locations. In addition, we will collect other pertinent data including ramp meter detector counts and meter rates during the peak periods when ramp metering is in effect. We will use these counts to determine the impact of freeway congestion on the interchange operations. Tuning movement counts will be collected between for each AM and PM 2 -hour peak periods on either a Tuesday, Wednesday, or Thursday. The automatic "tube" counts will be collected from a Thursday through a Sunday. We will conduct extensive travel time runs on the City's interchanges to quantify the experienced delay to motorists on surface streets as a result of ramp metering. These results will be summarized in the form of a working paper. Cupertino Interchange Improvements Page 2 -4 Ramp Meter Signal /Arterial Traffic Signal Interconnection Project - -SCOPE OF WORK (1 /05/01) DKS Associates The DKS team will work with the City to identify specific needs as well as identifying interchange and corridor needs for improved traffic operations and safety. Deliverable: Working paper summarizing findings of data collection effort. System Procurement We will address the issue of procurement under the Concept of Operations by making determinations on any required field modifications which may include, but not be limited to: • Installation of pavement loops • Cabinet modifications • Conduit installations We will work closely with the City and Caltrans on identifying these field elements that will need to installed via a construction- oriented project. PS &E Preparation If deemed necessary as part of this project, DKS will prepare a set of PS &E documents. The PS &E is envisioned to cover such items as installation of pavement loops, conduit, pullboxes, conductors, and cables. DKS will prepare the detailed PS &E documents 1br improvements associated with this project. It will be important to begin this task only after there has been preliminary approval by Caltrans and the City on the proposed improvements. In general, it is anticipated that the plan set will contain the following sheets. 1. Title Sheet (1 sheet) 2. Standard Plan Listing (2 sheets) 3. Traffic Signal and Lighting Plan (4 to 8 sheets) 4. Construction Details (1 sheet) 5. Traffic Control Details, if needed (1 to 2 sheets) The number of sheets will vary depending on the magnitude and types of improvements identified. The utility as -built information will be included only for those areas where excavations will be made. The steps in plan development will follow the set of review stages at 60 percent, 90 percent and final PS &E documents. With each stage, the review comments from the previous stage will be itemized and a written response to each will be prepared. The original red pencil mark -up from the City and Caltrans (if necessary) will be returned with the succeeding submittal. The special provisions will be prepared using standard Caltrans special provisions and formats as may be modified by the City. Cupertino Interchange Improvements Page 2 -5 Ramp Meter Signal /Arterial Traffic Signal Interconnection Project —SCOPE OF WORK (1105101) DKS Associates Estimates of construction cost will be prepared using detailed spread sheets. These sheets detail individual items material and labor costs. These estimates are made in a manner similar to how the bidding contractors will prepare their bids. The estimate will also be shown in the same format proposed for the actual bid documents. 60% PS &E Documents Once comments on the concept design(s) are received, the 60% design drawings will be prepared. As part of the 60% submittal, a set of the draft Special Provisions will be prepared along with the preliminary construction cost estimate. The plans and specifications will be based on the latest Caltrans Standard Specifications and Standard Plans. An Encroachment Permit Application will be prepared and submitted to Caltrans (if needed) at this stage. The appropriate number of copies of -the 60% design plans will be submitted with the permit application to Caltrans. Coordination with the affected utility companies and any city utilities will be conducted. This will include notices to the utility agencies for underground locations and utility relocations as necessary. A utility certification will be prepared. Utility and Right of Way Certifications will be prepared in conjunction with the PS &E documents and will be conducted as required. Deliverable: Full size 60 percent PS&E Documents to the City and Caltrans. 90% PS &E Documents Once comments on the 60% PS &E Document submittal are received, the 90% PS &E Documents will be prepared. The special provisions and preliminary cost estimate will be revised per the comments received. All PS &E details and information will be complete and ready for city review. Deliverables: Encroachment permit application. Full size 90 percent PS &E Documents to the City and Caltrans. Utility certification (if needed). Right of way certification (for City's signature). Final PS &E Documents Once comments on the 90% PS &E Document submittal are received, the final design drawings will be prepared. In addition, the special provisions and preliminary cost estimate will be revised Cupertino Interchange Improvements Page 2 -6 Ramp Meter Signal /Arterial Traffic Signal Interconnection Project —SCOPE OF WORK (1105101) DKS Associates per the comments received. All PS &E details and information will be complete and ready for city review. A full reproducible plan set will be prepared and submitted with the comments on the 90% PS &E document submittal incorporated. This final submittal will include "photo- ready" special provisions, and bid list. At this stage it is anticipated that all necessary Encroachment Permit(s) will be fully executed. Deliverable: Full size, signed and sealed Final PS&E Documents to the City and Caltrans. Task 3: Software Design This task will consist of preparing the detailed design requirements for the software modifications necessary as part of this project. This task will follow the development and approval of the Concept of Operations, and will clearly define the minimum modifications to software and/or development of software to satisfy the needs for the integration and data exchange network. At a minimum, the software design will address the following issues: • Any new data dictionary data objects • Software development by others (Caltrans) • Development schedule • Caltrans integration requirements • Other institutional issues affecting software As a first step, a one -day workshop will be held on software to ensure all project participants have a common understanding of this critical aspect of the project. A tentative agenda for the workshop is as follows: • What is software and what is a software system? • What are the generic functions of software? (e.g., user interface, data storage, data processing, communications, etc.) • What are the ITS - specific functions of software? • What are the different types of software" (e.g., services, clients /applications, embedded, thin clients, etc.) • What are operating systems /environments and how do they affect software? • What is software integration and system integration? • How are different software packages or modules integrated? • What are the practical limitations on software re -use and integration? • How is software developed or integrated? (e.g., requirements, architecture, design, prototyping, coding, testing, configuration management, etc.) • How do separate software systems communicate? • How can non -ITS commercial software be used in ITS? Cupertino Interchange Improvements Page 2-7 Ramp Meter Signal /Arterial Traffic Signal Interconnection Project —SCOPE OF WORK (1105101) DKS Associates • What are the major standards used in ITS software and communications? • How do technology advances affect previously developed software? • What is the state -of -the -art and trends in software for ITS? The material discussed at the workshop will be focused on center -to- center communications. Numerous examples from real -world transportation systems can be presented and discussed. If feasible, working software will be available to demonstrate concepts. The workshop will not address the software procurement process, but will prepare all parties for that next step. It will make participants comfortable with the vocabulary and concepts that must be used in subsequent software - related aspects of the project. The workshop will also give participants an appreciation of what is involved in ITS software development and integration, and an early look at some of the options available. Workshop notes will be distributed as a written reminder of the key terms and concepts presented. Recommendations for further reading and resources will be provided. The basic software procurement activities likely to be applicable to this project are as follows: • Define requirements • Develop evaluation criteria • Refine and approve detailed design and acceptance test plan • Perform software integration (modification, interfaces, installation, testing) • Monitor progress and perform risk management • Adjust the design, if needed to accommodate changes • Prepare documentation, in stages if appropriate • On -going software maintenance and configuration management Software deployment for complex systems takes a long time, partly due to the software activities themselves, and partly due to the dependence on hardware installations. During that time, things change that impact the software. Examples include discovery of previously unidentified but critical requirements, changes made to the physical architecture or equipment design, changes in industry standards or third -party off -the -shelf software on which the design relied, and unforeseen evolution of new and better technologies or techniques that are desirable to adopt. One of the most difficult aspects of software procurement is managing such changes. A good procurement process recognizes the inevitability of such changes and proactively accommodates them. They are anticipated in every step of the process and mechanisms are provided for dealing with them. The software design may spell out the contracting terms, and it will make decisions as to general form, as this will determine the level of detail needed in the requirements definition. Deliverables: Workshop and workshop notes. Software Design Plan - draft and final Cupertino Interchange Improvements Page 2 -8 Ramp Meter Signal /Arterial Traffic Signal Interconnection Project - -SCOPE OF WORK (1 /05/01) DKS Associates Software Requirements It will be very important to detail out the requirements for the software in terms of the actual data exchange requirements. This will provide the overall system definition from which software requirements will be derived. It is highly desirable that the selected software be based on well- supported and open standards for user and system interfaces. This will facilitate training, support, and future expansion or enhancement. Key interfaces that should use popular standards include the operating system, the user interface (look and feel), communications Nvith field equipment, and communications with other systems. The NTCIP and related efforts have defined communications standards for ITS. As far as is practical, the software should support such standards. Deliverables: Report on Software Requirements - draft and final Functional Specifications Once the detailed requirements for the software's functionality are approved by the City and Caltrans, we will prepare the detailed functional specifications for the software. This will include the real nuts and bolts of what it will take to develop any new software, or modify existing software to accommodate the requirements. It is at this stage that the DKS Team will need to work closely with the City to determine the level of effort it will take to develop the software, and if need be determined whether or not there is adequate budget and/or schedule in the project for the software development. If it is determined that there will not be adequate budget and/or schedule for the software development, we will propose alternatives in the functional specifications that may potentially satisfy the requirements, but in a more scaled down implementation. Additionally, it may be determined at this stage that certain functionalities will need to be implemented at a later time to keep in line with the available funding and resources. Any functionalities that are taken off for a later implementation will be kept in the functional specifications and documented accordingly. Deliverable: Functional Specifications for the software - draft and final. Hardware Requirements As part of the Software design, it will be important to prepare detailed specifications on the hardware that is necessary for a successful systern implementation. Some of the items that will need detailed specifications include: • Servers • Computers and Workstations • Data Switches or Hubs • Cablings and connectors • Network connections (LAN or WAN) • Other Cupertino Interchange Improvements Page 2 -9 Ramp Meter Signal /Arterial Traffic Signal Interconnection Project —SCOPE OF WORK (1 /05/01) DKS Associates It is anticipated that for the most part this project will utilize hardware that is off -the- shelf, However, in the event the software requirements dictate specialized hardware, we will identify those special components during the preparation of these requirements. Deliverable: Hardware requirements — draft and final. System Testing/Acceptance Procedures We will prepare the System's testing and acceptance requirements for use during the implementation stage of the project. We will determine the appropriate elements that will need to be tested and the appropriate testing levels that will constitute an element as passing or failing a test. Some of the testing procedures will be for the following elements: • Confirming software requirements • Confirming communication network transmissions • Verification of data exchange of software objects • Verification of compliance with standards The testing and acceptance requirements will detail out the specific steps that one will need to carry out when testing a particular component. We will prepare test sheets ready for documenting the test results and appropriate troubleshooting techniques to rectify any failed tests. Deliverable: System Testing and Acceptance Requirements — draft and final. Software Development Depending on the end user's needs and the requirements, this effort will not commence until all parties are in agreement of what software development is needed. During the software development process, the DKS Team will be responsible for the staged testing of the software through its development and implementation. If need be for the project, we will provide interim deliverables to track the status of the development in the form of screen shots and progress reports. It will be important to continuously check the actual software coding against the functional requirements, and if necessary allow for minor changes and revisions to the specifications to facilitate the development without sacrificing any of the necessary functions and features. If the specifications require revisions, the testing and acceptance procedures will also need to be revised to reflect the changes. Deliverable: Software for the data exchange network. Cupertino Interchange Improvements Page 2 -10 Ramp Meter Signal /Arterial Traffic Signal Interconnection Project —SCOPE OF WORK (1105101) DKS Associates Task 4: System Implementation This task will consist of the following sub -tasks for the final stages of the project: • System integration • Construction support • Acceptance testing • System evaluation • Training This task will not commence until DKS receives a written notice to proceed. The system integration will occur shortly toward the end �of the software development and construction efforts. Once the integration is complete, we will conduct the acceptance testing and the system evaluation. System Integration At the near completion of the software development and construction, we will integrate the system components. This will involve work at both the City's and Caltrans TOC. Some of the elements will include the installation of computers, performing diagnostics, setting up system elements and performing the overall integration. Additionally, as part of the system integration, we will coordinate with Caltrans staff on the implementation of their software to where it is fully integrated into the data exchange network. Deliverable: Reports on the status of the system z ,*ntegration. Construction Support DKS will provide the City of Cupertino with assistance during the post design and construction period. The service we will provide under this task typically include but is not limited to the following: • Bidding Assistance -- Bid Addenda Preparation • Pre bid meetings • Pre - Construction Meeting • Review Submittals and respond to RFIs • Assistance with Change Orders • Field Visits /Construction Meetings DKS will also assist the City in the preparation of any Contract Change Orders (CCOs) if necessary. Depending on the magnitude of the CCOs, revisions to this Work Plan may be necessary. We will seek written authorization from the City prior to commencing with preparing CCOs if deemed applicable. Cupertino Interchange Improvements Page 2 -11 Ramp Meter Signal /Arterial Traffic Signal Interconnection Project -- -SCOPE OF WORK (1105101) DKS Associates During the Post Construction stage DKS will assist the City and /or Caltrans with the acceptance of the improvements. In addition, we will help the City prepare "punch- lists" (a list of problems or uncompleted work for the contractor) to verif}, that the contractor has completed every aspect of construction. Once all the punch -list items have been completed, DKS will compile all the design changes that occur during construction into an "as- built" set of plans. Deliverables: Punchlists, review of submittals, and as -built plans. Acceptance Testing We will evaluate the performance of the system under this subtask. This will involve technical assessments of the equipment and operational assessment of the effectiveness of the system in influencing and accommodating travel behavior. This task is a technical assessment of the communications network and software implementation. We will use the testing and acceptance procedures as prepared under Task 3, Software Design. If necessary, we will quantify the quality of performance of each element installed in the field. Again, this is largely a technical assessment of the quality of signals passed between elements. For messages to the central location that would normally be expected to be initiated by the field equipment or another's central system, such as reporting congestion conditions, the appropriate conditions will be created at the field site, and tests conducted to confirm that the message is sent and received. For example, if a fault alarm is designed to be triggered at a predetermined volume threshold, we will simulate this threshold and verify that the alarm is generated. Utilizing some potential enhancements to the central system such as automatic alarm paging, we may be able to test the automatic generation of a page due to an alarm, and tie this into Caltrans TOC for their engineers to view through their cameras, or to the City's TOC for some other method of confirmation. Deliverable: Acceptance testing results and recommendations for acceptance. Training This sub -task will consist of classroom and hands on training on the software package developed and implemented as part of this project. The training will be for City staff, conducted at City facilities. As part of the training, the City will receive appropriate user manuals and any other pertinent documentation on the software package. A minimum of 8 hours of training (classroom and hands on) will be conducted. Cupertino Interchange Improvements Page 2 -12 Ramp Meter Signal /Arterial Traffic Signal Interconnection Project - -SCOPE OF WORK (1105101) Ramp Meter Signal/Arterial Traffic Signal Interconnection Project Project Schedule 2001 2002 Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug 1. Project Management Project Management Plan Coordination with City and Caltrans 2. System Design Concept of Operations System Architecture Data Gathering PS&E Preparation/Procurement 3. Software Design Software Requirements Functional Specifications Hardware Requirements System Testing/Acceptance Procedures 4. System Implementation Software Development System Integration Acceptance Testing Construction Support System Evaluation Su bmit documents to Caltrans for review AL)OX3176 br F-If —y 7 M 2nd submittal ittz al of documents to Caltrans Submittal of documents for obligation of funds Draft report submittal Final report submittal UJi UL/ Ul 1J: JJ YdA JlU LOb 11 Jb asa» naav�.anaa..i z.. - -- overall Cost Proposal EXHIBIT C COST BREAKDOWN 7 OTHER DIRECT COSTS Naztec - software supply Wiltec, Inc. Siemens - Gardner TOTAL OVERHEAD 0 Total Labor t Overhead 15SA7% S 38,628.80 $ 141,236.86 Mailing, courier, delivery $ Reproduction/Copying $ Telephone/Fax $ Computer Time 45.00 hrs $ Travel $ Subsistence $ 99x3178tRamp Meter Cost Proposal_c DKS TOTAL OTHER DIRECT COSTS: $ 230.29 500.00 300.00 1,125.00 400.00 200.00 2,755.29 $ 182,989.23 $ 33,410.00 80 $57.72 ' $ 4,617.60 Kevin Fehon 143,992.15 435 $39.89 $ 17,352.15 Kevin A ui ui 330 $x0.87 TOTAL. CONTRACT AMOUNT: $ 13,487.10 Yves Zs $26.44 2,15 $ 51684.60 Joshua Pet9nnan 180 $30.80 $ 5,544.00 Atul Patel 61 $32.71 ' $ 1,995.31 I n r Knox 190 $20.67 $ 3,927.30 Support Staff T L LABOR: $ 52,608.06 OTHER DIRECT COSTS Naztec - software supply Wiltec, Inc. Siemens - Gardner TOTAL OVERHEAD 0 Total Labor t Overhead 15SA7% S 38,628.80 $ 141,236.86 Mailing, courier, delivery $ Reproduction/Copying $ Telephone/Fax $ Computer Time 45.00 hrs $ Travel $ Subsistence $ 99x3178tRamp Meter Cost Proposal_c DKS TOTAL OTHER DIRECT COSTS: $ 230.29 500.00 300.00 1,125.00 400.00 200.00 2,755.29 5001 3:31 PM $ 182,989.23 S 33,410.00 $ 15,000.00 TOTAL DIRECT COSTS: $ 143,992.15 FIXED FEE (10% OF COSTS): $ 14,399.21 TOTAL SUSCONSULTANT COSTS: 5 231,399.23 TOTAL. CONTRACT AMOUNT: S 389,790.59 5001 3:31 PM EXHIBIT D CERTIFICATION OF LOCAL AGENCY I HEREBY CERTIFY that I am the Director of Public Works of the City of Cupertino, and that the consulting firm of DKS Associates, or its representative has not been required (except as herein expressly stated), directly or indirectly, as an express or implied condition in connection with obtaining or carrying out this agreement to: (a) employ, retain, agree to employ or retain, any firm or person; or (b) pay or agree to pay, to any firm, person or organization, any fee, contribution, donation, or consideration of any kind. I acknowledge that this Certificate is to be made available to the California Department of Transportation (Caltrans) in connection with this agreement involving participation of Federal - Aid Highway funds, and is subject to applicable State and Federal laws, both criminal and civil. (Date) VM�P4 U4A 6L 444(�e (Signature) EXHIBIT E CERTIFICATION OF CONSULTANT I HEREBY CERTIFY that I am the Principal and duly authorized representative of the firm of DKS Associates, whose address 1956 Webster Street, Ste. 300, Oakland, CA 94612, and that, except as hereby expressly stated, neither I nor the above firm that I represent have: (a) employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above consultant) to solicit or secure this agreement; nor (b) agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the agreement; nor (c) paid, or agreed to pay, to any firm, organization, or person (other than a bona fide employee working solely for me or the above consultant) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out this agreement. I acknowledge that this Certificate is to be made available to the California Department of Transportation (Caltrans) in connection with this agreement involving participation of Federal -Aid Highway funds, and is subject to applicable State and Federal laws, both criminal and civil. (Date) (Signature) ACORD CERTIFICATE OF LIABILITY INSURANCI&D F4 DATE (MM /DD/YY) PRODUCER Jenkins /Athens Ins Sacramento License No. 0545478 P. 0. Box 13847 SAS -1 03/22/01 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Sacramento CA 95853 P LICY EXPIRATION DATE MM /DD/YY Phone: 916- 925 -2525 Fax:916- 925 -3595 INSURERS AFFORDING COVERAGE INSURED INSURER A: Admiral Insurance Company INSURER B: Indemnity Ins Co of N. America EACH OCCURRENCE $$11000,000 INSURER C: American States Insurance Co DKS Associates 1956 Webster Street #300 Oakland CA 94612 AOOAGO8586 INSURER D: Republic Indemn. Co of America INSURER E: Zurich American Insurance Co FIRE DAMAGE (Any one fire) $$ 500,000 %.V V CI THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFE TIVE DATE MM /DD/YY P LICY EXPIRATION DATE MM /DD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $$11000,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS MADE I OCCUR AOOAGO8586 '05/01/00 05/01/01 FIRE DAMAGE (Any one fire) $$ 500,000 MED EXP (Any one person) $ $ 5,000 PERSONAL & ADV INJURY $$1,000,000 GENERAL AGGREGATE $$2,000,000 GENT AGGREGATE LIMIT APPLIES PER: POLICY PRO JECT D LOC PRODUCTS - COMP /OP AGG $$2,000,000 C AUTOMOBILE LIABILITY ANY AUTO 010E786940 05/01/00 05/01/01 COMBINED SINGLE LIMIT (Ea accident) $$11000,000 X BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC AUTO ONLY: AGG $ $ B EXCESS LIABILITY X OCCUR CLAIMSMADE XLXG20121002 05/01/00 05/01/01 EACH OCCURRENCE $ 5'5000000 AGGREGATE $ 5000000 DEDUCTIBLE RETENTION $ $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY PC14773601 015/01/00 05/01/01 X TORY LIMITS ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 OTHER E Professional EOC675855706 05/01/98 05/01/01 $1000000 Per claim Liabilit $2000000 Agg DESCRIPTION OF OPERATIONS /LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS Re: Project #A99X3178, Cupertino Interchanges RRnp Meter Arterial Traffic Signal Interconnect. City of Cupertino, its engineer, directors, officers, agents and employees are named as Additional Insureds for liability only per the attached Forms CG2010 and CA0001. Primary Wording included. 10 day NOC will apply if cancelled fo:t- non - payment of premium. CUPER -1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATOO1 City of Cupertino DATE THEREOF, THE ISSUING INSURER WILL EP@BE*VSR *8 MAIL 30 DAYS WRITTEN Public Works Department NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Attn: Ray D. Chong City Hall, 10300 Torre Avenue Cupertino CA 95014 R 1! 101-1 1!�*VE9. 25-S(7197) ©ACORD CORPORATION GENERAL ENDORSEMENT COMMERCIAL GENERAL LIABILITY COVERAGE PART In consideration of an additional premium of Included, it is heretoy understood and agreed that the following applies: ADDITIONAL INSURED- OWNERS, LESSEES OR CONTRACTORS - FORM B CG 20 10 1185 Check if applicable X City of Cupertino, its engineer, directors, officers, agents and employees. Re: Project #A99X3178, Cupertino Interchanges Ramp Meter Arterial Traffic Signal Interconnect. WHO IS AN INSURED (Section II) is amended to include as an insured the RE: person or organization shown above, but only with respect to liability arising out of "your work" for that insured by or for you. PRIMARY COVERAGE Check if applicable X With respect to claims arising out of the operations of the Named Insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the above Insured(s). Check if applicable X WAIVER OF SUBROGATION It is understood and agreed that the Company waives the right of subrogation against the above Insured(s), but only as respects the job or premises described in the certificate attached thereto. CROSS LIABILITY CLAUSE Check if applicable X The naming of more than one person, firm or corporation as insureds under this policy shall not, for that reason along, extinguish any rights of one insured against another, but this endorsement, and the naming of multiple insureds, shall not increase the total liability of the Company under this policy. NOTICE OF CANCELLATION Check if applicableX It is understood and agreed that in the event of cancellation of the policy for any reason other than non - payment of premium, 30 days written notice will be sent to the certificate holder by mail. In the event the policy is cancelled for non - payment of premium, 10 days written notice will be sent to the above. POLICYNO: AOOAG08586 POLICYTERM: 5/1/00 to 5/1/01 ISSUED TO: DKS Associates INSURANCE COMPANY Admiral Insurance Compaq ISSUE DATE: 3/22/01 Authorized Representative: Jen ns /Athens Insurance Services S A F E C O° .BUSINESS AUTO COVERAGE FORM _ CA 00 01 12 93 COMMERCIAL AUTO Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we," "us" and "our" refer to the Company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION V - DEFINITIONS SECTION I - COVERED AUTOS ITEM TWO of the Declarations shows the "autos" that are covered "autos" for each of your coverages. The following numerical symbols describe the "autos" that may be covered "autos." The symbols entered next to a coverage on the Declarations designate the only "autos" that are i = covered "autos." A. DESCRIPTION OF COVERED AUTO DESIGNATION SYMBOLS SYMBOL DESCRIPTION 1 = ANY "AUTO." 8 = 2 = OWNED "AUTOS" ONLY. Only those "autos" you own (and for Liability Coverage any "trailers" you don't own while attached to power units you own). This includes those "autos" you acquire ownership of after the policy begins. 3 = OWNED PRIVATE PASSENGER "AUTOS" ONLY. Only the private passenger "autos,, you own. This includes those private passenger "autos" you acquire ownership of after the policy begins. 4 = OWNED "AUTOS" OTHER THAN PRIVATE PASSENGER "AUTOS" ONLY. Only those "autos" you own that are not of the private passenger type (and for Liability Coverage any "trailers" you don't own while attached to power units you own). This includes those "autos" not of the private passenger type you acquire ownership of after the policy begins. 5 = OWNED "AUTOS" SUBJECT TO NO- FAULT. Only those "autos,, you own that are required to have No -Fault benefits in the state where they are licensed or principally garaged. This includes those "autos" you acquire ownership of after the policy begins provided they are required to have No -Fault benefits in the state where they are licensed or principally garaged. 6 = OWNED "AUTOS" SUBJECT TO A COMPULSORY UNINSURED MOTORISTS LAW. Only those "autos" you own that because of the law in the state where they are licensed or principally garaged are required to have and cannot 9 = reject Uninsured Motorists Coverage. This includes those "autos" you acquire ownership of after the Policy begins provided they are subject to the same state uninsured motorists requirement. SPECIFICALLY DESCRIBED "AUTOS." Only those "autos" described in ITEM THREE of the Declarations for which a premium charge is shown (and for Liability Coverage any "trailers" you don't own while attached to any power unit described in ITEM THREE). HIRED "AUTOS" ONLY. Only those "autos" you lease, hire, rent or borrow. This does not include any "auto" you lease, hire, rent, or borrow from any of your employees or partners or members of their households. NONOWNED "AUTOS" ONLY. Only those "autos" you do not own, lease, hire, rent or borrow that are used in connection with your business. This includes "autos" owned by your employees or partners or members of their households but only while used in your business or your personal affairs. B. OWNED AUTOS YOU ACQUIRE AFTER THE POLICY BEGINS 1. If symbols 1,2,3,4,5 or 6 are entered next to a coverage in ITEM TWO of the Declarations, then you have coverage for "autos" that you acquire of the type described for the remainder of the policy period. 2. But, if symbol 7 is entered next to a coverage in ITEM TWO of the Declarations, an "auto" you acquire will be a covered "auto" for that coverage only if: a. We already cover all "autos" that you own for that coverage or it replaces an "auto" you previously owned that had that coverage; and b. You tell us within 30 days after you acquire it that you want us to cover it for that coverage. compulsory or, financial responsibility law of the jurisdiction where the covered "auto" is being used. This extension does not apply to the limit or limits specified by any law governing motor carriers of passengers or property. (2) Provide the minimum amounts and types of other coverages, such as no- fault, required Of out of state vehicles by the jurisdiction where the covered "auto" is being used. We will not pay anyone more than once for the same elements of loss because of these extensions. B. EXCLUSIONS This insurance does not apply to any of the following: 1. EXPECTED OR INTENDED INJURY "Bodily injury" or "property damage" expected or intended from the standpoint of the "insured." 2. CONTRACTUAL Liability assumed under any contract or agreement. But this exclusion does not apply to liability for damages: a. Assumed in a contract or agreement that is an "insured contract" provided the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agreement; or b. That the "insured" would have in the absence of the contract or agreement. 3. WORKERS COMPENSATION Any obligation for which the "insured" or the " insured's" insurer may be held liable under any workers compensation, disability benefits or unemployment compensation law' or any similar law. 4. EMPLOYEE INDEMNIFICATION AND EMPLOYER'S LIABILITY "Bodily injury" to: a. An employee of the "insured" arising out of and in the course of employment by the "insured;" or b. The spouse, child, parent, brother or sister of that employee as a consequence of paragraph a. above. This exclusion applies: - - - (1) Whether the "insured" may be liable as-an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. CA 00 01 12 93 COMMERCIAL AUTO But this exclusion does not apply to "bodily injury" to domestic employees not entitled to workers compensation benefits or to liability assumed by the "insured" under an "insured contract." 5. FELLOW EMPLOYEE "Bodily injury" to any fellow employee of the "insured" arising out of and in the course of the fellow employee's employment. 6. CARE, CUSTODY OR CONTROL "Property damage" to or "covered pollution cost or expense" involving property owned or transported by the "insured" or in the "insured's" care, custody or control. But this exclusion does not apply to liability assumed under a sidetrack agreement. 7. HANDLING OF PROPERTY "Bodily injury" or "property damage" resulting from the handling of property: a. Before it is moved from the place where it is accepted by the "insured" for movement into or onto the covered "auto;" or b. After it is moved from the covered "auto" to the place where it is finally delivered by the "insured." 8. MOVEMENT OF PROPERTY BY MECHANICAL DEVICE "Bodily injury" or "property damage" resulting from the movement of property by a mechanical device (other than a hand truck) unless the device is attached to the covered "auto." 9. OPERATIONS "Bodily injury" or "property damage" arising out of the operation of any equipment listed in paragraphs 6.b. and 6.c. of the definition of "mobile equipment." 10. COMPLETED OPERATIONS "Bodily injury" or "property damage" arising out Of your work after that work has been completed or abandoned. In this exclusion, your work means: a. Work or operations performed by you or on your behalf; and b. Materials, parts or equipment furnished in connection with such work or operations. Your.work includes - warranties or representations made at any time with respect to the fitness, quality, durability or performance of any of the items included in paragraphs a. or b. above. endorsement, Uninsured Motorists Coverage endorsement or Underinsured Motorists Coverage endorsement attached to this Coverage Part. SECTION III - PHYSICAL DAMAGE COVERAGE A. 2. 3. 4. COVERAGE 1. We will pay for "loss" to a covered "auto" or its equipment under: a. Comprehensive Coverage. From any cause except: (1) The covered "auto's" collision with another object; or (2) The covered "auto's" overturn. b. Specified Causes of Loss Coverage. Caused by: (1) Fire, lightning or explosion; (2) Theft; (3) Windstorm, hail or earthquake; (4) Flood; (5) Mischief or vandalism; or (6) The sinking, burning, collision or derailment of any conveyance transporting the covered "auto." c. Collision Coverage. Caused by: (1) The covered "auto's" collision with another object, or (2) The covered "auto's" overturn. Towing. We will pay up to the limit shown in the Declarations for towing and labor costs incurred each time a covered "auto" of the private passenger type is disabled. However, the labor must be performed at the place of disablement. Glass Breakage - Hitting a Bird or Animal - Falling Objects or Missiles. If you carry Comprehensive Coverage for the damaged covered "auto," we will pay for the following under Comprehensive Coverage: a. Glass breakage; b. "Loss" caused by hitting a bird or animal; and c. "loss" caused by falling objects or missiles. However, you have the option of having glass breakage caused by a covered "auto's" collision or overturn considered a "loss" under Collision Coverage. Coverage_ Extension. We will-pay up to $15 per day to a maximum of $450 for transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" CA 00 01 12 93 COMMERCIAL AUTO for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for transoortation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss.,, B. EXCLUSIONS 1. We will not pay for "loss" caused by or resulting from any of the following. Such "loss,, is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the "loss." a. Nuclear Hazard. (1) The explosion of any weapon employing atomic fission or fusion; or (2) Nuclear reaction or radiation, or radioactive contamination, however caused. b. War or Military Action. (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power or action taken by governmental authority in hindering or defending against any of these. 2. We will not pay for "loss" to any covered "auto" while used in any professional or organized racing or demolition contest or stunting activity, or while practicing for such contest or activity. We will also not pay for "loss" to any covered "auto" while that covered "auto" is being prepared for such a contest or activity. 3. We will not pay for "loss" caused by or resulting from any of the following unless caused by other "loss" that is covered by this insurance. a. Wear and tear, freezing, mechanical or electrical breakdown. b. Blowouts, punctures or other road damage to tires. 4. We will not pay for "loss" to any of the following: a. Tapes,_ records, discs or other similar audio, visual or date electronic devices designed for use with audio, visual or data electronic equipment. b. Equipment designed or used for the detection or location of radar. AGREEMENT CITY OF CUPERTINO 10300 Torro Avenue Cupertino, CA 95014 (408) 77.7 -3200 BY THIS AGREEMENT, made and entered into on the by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1) DKS ASSOCIATES _ (2) PUBLIC day of 20 , Address 1956 WEBSTER ST. , STE. 300 City OAKLAND Zil:94k -2925 Phone (510) 76 (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: MARY AVENUE CROSSWALK PROJECT EXHIBITS: The following attached exhibits hereby are made part of this Agreement: EXHIBIT "A" PROPOSAL TERMS: The services and /or materials furnished under this Agreement shall commence on and shall be completed before OCTOBER 1, 2001 APRIL 1, 2001 SHALLE NOTTI?XN& Dthl f: l,p OOOmance of this Agreement, CITY shall pay CONTRACTOR: 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 he4tg 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 shall 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: �'�C /�� CITY OF CUPERTINO: By __ By Tide klN t L- 0A-- L— l itle TRAFFTC ENGINEER APPRMAll A A EXPENDITURE DISTRIBUTION DEPAR T DAT P.0000NT NUMBER AMOUNT CIT�ER DA E 270 -9447 $13,000.00 White: City Clerk / Green: Finance Yellow: Ccntract 9&7j �lC.s Think: Receiving Gold: Department DKS Associates 1956 Webster Street, Suite 300 Oakland, California 94612 (510) 763 -2061 (510) 268 -1739 FAX March 29, 2001 Mr. Raymond Chong, P.E. City Traffic Engineer City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 -3255 Subject: Proposal for the Mary Avenue Gateway Project A01x3005 (revised) Dear Raymond: We are pleased to present this revised proposal to assist the City in the design of various traffic calming devices to provide a "gateway" to Mary Avenue. We have outlined our tasks in the Scope of Work below. This work scope is based on several field visits to the site, information provided by the City, and the revised work plan fbr the project. This project will consist of new crosswalks across Mary Avenue just north of Stevens Creek Boulevard, and various treatments of on- street parking. The main goal of this project is to improve pedestrian access, maintain bicycle access, and modify on- street parking to improve safety and access along this segment of Mary Avenue. This may include the installation of signs, pavement markers, and pavement treatments. Part of the work will involve working with representatives of the shopping center on any potential restriping of the parking lot to accommodate new crosswalks or pedestrian access points. SCOPE OF WORK We propose to conduct the project in three separate tasks as outlined below in our Scope of Work. Task 1: Prepare Base Map ($2,380) A base map will be prepared as a basis for the design. We will use the City's aerial photograph survey as an initial base for locating curb lines, curb returns, back of sidewalks, and other Mr. Raymond Chong, P.E. City of Cupertino March 29, 2001 Page 2 identifiable features. A field visit will then be performed to verify measurements and locations of curbs, drainage inlets, curb ramps, signing and striping, manholes, inlets, street and median widths, right of way lines, etc. If necessary, utility information will be incorporated to produce a final base map showing all existing features. The base map will be prepared in AutoCAD format. It is assumed that a digital topographic field survey will not be conducted as part of this project. Should it be necessary to do so during the course of the work, we will attain the services of a surveyor after receiving written permission from the City. Such work will be an additional cost. Deliverable: Base map of project area in AutoCAD format. Task 2: Preparation of the PS &E documents ($7,850) DKS will prepare the design plans and specifications for the new crosswalks (or speed tables) and any modifications to the on- street parking. We will use applicable standards for the installation of these various devices including appropriate pavement legends, locations for signs, lane treatment at intersections, transitions at parking zones and bicycle lane facilities, and any other situations that arise. We will coordinate with the City on those special elements of the design which may require special considerations such as required removal of on- street parking, approach tapers, bike lanes, signs, etc. We will also coordinate with the Senior Center, the Glenbrook Apartments, and the shopping center during the design phase considering vehicular and pedestrian access points, aesthetics, and off -site circulation. It is assumed that the City will establish the initial contact with adjacent land use operators. From there, DKS will coordinate design elements through the City. We are assuming that the work will not require any trenching and excavation. Thus, a research of existing utilities will not be performed. However, if this research is found to be required, we will need to revise this scope and fee. We will prepare the technical specifications for all of the applicable project elements. This includes, but is not limited to the provisions for lane striping, pavement markings, signs, any asphalt treatments, and raised crosswalks. We will include any cooperative elements between this project and the shopping center's project. Cross sections and details of the project improvements will be prepared as needed. We will assist the City in the preparation of the boilerplate for the technical specifications. In addition, we will prepare the construction cost estimate. Mr. Raymond Chong, P.E. City of Cupertino March 29, 2001 Page 3 The PS &E documents will be submitted for rev::ew at the 65% and 95% stages to the City. We anticipate submitting 3 sets of the documents at each stage. Each successive submittal will incorporate the comments from the previous submittal stage. Deliverables: 65 percent plans, 95 percent PS &F;, Final PS &E (mylar signed and sealed) Task 3: Post Design Support ($740) We will assist the City during the post- design period. This includes any attendance at any pre - bid or pre- construction meetings, responding; to contractor submittals or Requests for Information (RFIs), spot field visits during construction for design verification, and be available to answer questions during the construction phase. SCHEDULE AND FEE Base map preparation 3 weeks 65 percent plans 3 weeks + 2 week City review 95 percent PS &E 3 weeks + 2 week City review Final PS &E 1 week [TOTAL ESTIMATED DESIGN DURATION 14 weeks Our fee to perform the services described above is $10,970. This includes all administrative and support costs. We will work with City staff to develop a working schedule for the project. At this time, it is anticipated that the full PS &E "bid ready" documents will be prepared and completed within a 14 -week time frame. We thank you for the opportunity to assist the City in this project. If you have any questions, please do not hesitate to call me or Shirley Chan. Sincerely, DKS Associates A California Corporation Kevin G. Aguigui, P.E. Project Manager /LiW e�� ,z-y -2-a '/ No.C� AGREEMENT 6 CITY OF CUPERTINO 10300 Torre Avenue CITY OF \ Cupertino, CA 95014 T 1 l"�+I % (4os> -3200 C U P E 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) DKS ASSOCIATES _ (2) Address 1956 WEBSTER ST., STE. 300 City OAKLAND Zip 94612- 2925Phone (510) 763 -2061 (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: DESIGN OF BIKE LANES ON FOOTHILL BLVD. BETWEE14 MCCLELLAN AND STEVENS CREEK BLVD. EXHIBITS: The following attached exhibits hereby are made part of this Agreement: EXHIBIT "A" PROPOSAL TERMS: The services and/or materials furnished under this Agreement shall commence on DECEMBER 28, 2000 and shall be completed before JUNE 30, 2001 COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: AMOUNT NOT TO EXCEED $28,400 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 shall 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 V -- Title �- Soc. Sec. # Cl 4 — -z 5 -j > r s 4UDPROVAL CITY OF CUPERTINO: l� By Title CITY TRAFFIC ENGINEER EXPENDITURE DISTRIB TI N EPRRTMEIVT�IEA�� / �, j, l ACCOUNT NUMBER AMOUNT y CITY C D E b 270- 9448 -7014 $28,400 White: City Clerk Green: Finance Yellow: Contractor Pink: Receiving Gold: Department EXHIBIT A 1956 11 /eb91Bf Sireet, Gai\Ond. CA g r 7 2F)?5 (5 i ()j _i,`i - ;)Oci i (: ,- 10) ,f r 17 9 DEC December 13, 2000 Mr. Ray Chong, P.E. City Traffic Engineer City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 -3255 Subject: Proposal for the Design of Bicycle Lanes on Foothill Boulevard Dear Ray: -7.4- A00x3116 We are pleased to present this updated proposal to assist the City in the design of bicycle lanes on Foothill Boulevard between McClellan Road and Stevens Creek Boulevard. We have outlined our tasks in the Scope of Work below. PROJECT UNDERSTANDING This project will install bike lanes on Foothill Boulevard between McClellan Road and Stevens Creek Boulevard. This will include the installation of signs, striping, pavement markers, and physical improvements at signalized intersections such as bicycle detector loops. Other project elements include modifications to the traffic signal at Foothill/Voss and at Foothill/Stevens Creek including controller and cabinet equipment upgrade, reconfigure and standardize signal phasing configuration, and provide spread spectrum radio communications link to the City's Traffic Operations Center. The majority of the traffic signal modification will occur at Foothill/Voss where it is proposed to replace the exiting wooden poles and span wire signal to metal poles and mast arms. Funding for the project is provided by a $250,000 grant the City has received from the Bicycle Transportation Act. It is our understanding that DKS will perform the plan preparation for the traffic signal improvements, as well as the design for the signing and striping work. Mr. Ray Chong, City of Cupertino Foothill Boulevard Bike Lanes December 13, 2000 Page 2 SCOPE OF WORK We propose to conduct the project in three: separate tasks as outlined below in our Scope of Work. Task 1: Preparation of base maps ($5,750) DKS will prepare the base map for the traffic signal design elements for the project at the two project signals at: • Foothill Boulevard/Stevens Creek Boulevard • Foothill BoulevardNoss Avenue Base maps for the two signals will be prepared using the City's aerial photo (Year 2000) and signal record drawings. The aerial photos will be used as an initial base to establish existing curb -to -curb widths, curb returns, back of sidewalks, striping, and to identify other existing ground features. The signal record drawings will be used to establish location and type of existing signal equipment. DKS will conduct a field visit to verify all existing information from the aerial photo and signal record drawings. During the field visit:, we will also identify other features such as curb ramps, signing and striping, manholes, inlets., and other above ground utilities. A topographic survey is not included as part of this scope. DKS will set up the base maps in AutoCAD. We anticipate preparing the plan sheets in English units at 1:20 scale. Deliverables: Base map in AutoCAD format for the two project intersections. Task 2: Preparation of the PS &E documents ($19,700) DKS will prepare the design plans and specifications for the signal modifications and pavement delineation at the two project locations. This will include preparation of the design for the bike loops, pavement delineation and other physical improvements at the signalized intersections that are part of the installation of the bike lanes. Any work that may conflict with existing surface or underground utilities; will be coordinated with the appropriate utility company. We will prepare the technical specifications for all of the applicable project elements. This includes, but is not limited to the provisions for pavement loops, detectors, lead -in cables, splices, radio modem antennas, curbs, gutters, sidewalk, signing and striping, and other peripheral traffic signal equipment. Mr. Ray Chong, City of Cupertino Foothill Boulevard Bike Lanes December 13, 2000 Page 3 We will assist the City in the preparation of the boilerplate for the technical specifications. In addition, we will prepare the construction cost estimate. The plans, specifications and estimate (PS &E) documents will be submitted for review at the 75% and 95% stages to the City. We anticipate submitting 3 sets of the documents at each stage. Each successive submittal will incorporate the comments from the previous submittal stage. Deliverables: Complete bid -ready reproducible PS&E package along with electronic copies of all plans, specifications, and estimates. Task 3: Assist City in the Bid and Construction Period ($2,950) We will assist the City in the selection of the construction contractor. This includes any attendance at any pre -bid or pre - construction meetings, responding to contractor submittals or Requests for Information (RFIs), field visits to clarify design issues, and any verification of field installations. Deliverables: Responses to RFIs, submittal's, meeting notes, and other post design support materials generated. SCHEDULE AND FEE Our fee to perform the services described above is $28,400. This includes all administrative and support costs. We will work with City staff to develop a working schedule for the project. At this time, it is anticipated that the full PS &E "bid ready" documents will be prepared and completed within a four month time frame. We thank you for the opportunity to assist the City in this project. If you have any questions, please do not hesitate to call David Huynh or me. Sincerely, DKS Associates A California Corporation Kevin G. Aguigui, P.E. DKS Project Manager q:\a\00\00x3116\foothill -prol.doc 2 7� ���f�