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10-078 Quality Traffic Data, Traffic Counting Services, No. 00057030 AGREEMENT i CITY OF CUPERTINO Am 10300 Torre Avenue -�'ii' C Cupertino, CA 95014 c740 408 -- 777.3200 p NO. BY THIS AGREEMENT, made and entered into this \\11 " day of 1 \v�, 2010, by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Quality Traffic Data, 9701 W. Pico Blvd, Suite 205, Los Angeles, CA, 90035, (310) 341 -0019 (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: Provide traffic counting services EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibit A, "Scope of Work" Exhibit B, "Cost Proposal" TERMS: The services and /or materials furnished under this Agreement shall commence on August 15, 2010 and shall be completed before June 30, 2011. COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: Payment to be made on a time and materials basis not to exceed $10,000. California Labor Code, Section 1771 requires the payment of prevailing vrages 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 due to negligence, errors and omissions, including all costs of defending any claim, caused by or arising out of the performance of this Agreement. City shall not be liable for acts of Contractor in performing services described herein. Insurance. Should the City require evidence of insurability, Contractor shall file with City a Certificate of Insurance before commencing any services under this Agreement. Said Certificate shall be subject to the approval of City's Director of Administrative Services. Non - Discrimination. No discrimination shall be made in the employment of persons under this Agreement because of the race, color, national origin, ancestry, religion or sex of such person. Interest of Contractor. It is understood and agreed that this Agreement is not a contract of employment in the sense that the relationship of master and servant exists between City and undersigned. At all times, Contracto 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: D ENTERED NAME: David Stillman 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: CITY OF CUPERTINO: By Danny Gouhari 620 Title VP Title 4Ch-' R CIVIL— EP Soc. Sec. # or Tax I. D. APPROVALS EXPENDITURE DISTRIBUTION DEPARTMENT A I 'A DATE ACCOUNT NUMBER AMOUNT (ZIP _ _ / tai■L e- ` 0 110- 8601 -7014 $10,000 EXU18I° 9701 W Pico Blvd, Suite 205 411j. Quality Traffic Data Los Angeles, CA, 90035 Quality Phone: 310- 341 -0019 T'7 iC Data On Demand Fax: 310 - 807 -9247 Info @QualityTrafficData.com Scope of Work: As per the RFP requirements, QTD will be responsible for performing the following tasks for the City of Cupertino. Task No 1— MANUAL PEAK HOUR TRAFFIC COUNTS GOAL: To obtain manual traffic count data during peak periods. 1. QTD will perform manual counts for peak hours per each 15 minutes between 6 -9am and 4 -7pm. 2. QTD will appoint two experience tecanicians or more to conduct the survey. 3. The turning movement counts listed in Appendix A will be completed prior to October 31, 2010. 4. QTD will submit hard copies showing the volume for each movement by fifteen - minute increment for each morning and evening count period. The total volume for each movement during the highest peak hour within each three -hour count period will also be provided in a graphical format. Electronic copies of all files will be provided to the city. Task No 2 - 48 -hr pneumatic hose vehicle traffic counts GOAL: To obtain 48 -hour pneumatic hose 'vehicle traffic. 1. QTD will conduct 48 -hour pneumatic hose vehicle traffic counts on selected streets within the City of Cupertino on an on -call basis as per RFP. Other turning movement counts and pneumatic hose counts shall be done on an on -call basis, subject to the work schedule described in Section F, "Contractor Qualifications ". EXHIRImr A 9701 W Pico Blvd, Suite 205 4 Quality Traffic Data Los Angeles, CA, 90035 Phone: 310- 341 -0019 Traffic Data Demand Phone: 310- 807 -9247 Info @QualityTrafficData.com Technical Approach: • Upon contract award, QTD will appoint Mr. Raymund Medina as project manager to service the City of Cupertino for this project. • When a request for counts is initiated by City of Cupertino, the following events occur: 1. QTD applies for any necessary permits and proof of insurance. 2. The list of locations is sent to QTD's mapping team for analysis. If any questions or issues arise, QTD will contact the City of Cupertino to request necessary clarification(s). 3. Once all locations are confirmed, the request is signed off by the project manager and sent to the area manager for data collection. 4. The area manager will perform a field survey of specified count locations. If any questions arise, the project manager will be notified. 5. QTD will use two (2) experienced individuals or more for each machine count location. All of our field technicians are highly trained and certified. They are required to wear high - visibility safety vests, hard hats and safety glasses. In addition they will be using MUTCD approved light bars, warning signs and safety cones. • Upon completion of the requested counts, the following events occur: 1. Data is downloaded by field crew and submitted to our office. 2. QTD begins immediate processing of the data by performing our exclusive 3 -step QA process. 3. If a recount is necessary, City of Cupertino will be notified immediately. 4. As a final step, our project manager will perform a final review of.the data and sign off on its accuracy. 5. The counts are then delivered to City of Cupertino in format specified in the RFP. EX HIBIT A 9701 W Pico Blvd, Suite 205 Adj. Quality Traffic aata Los Angeles, CA, 90035 liter Phone: 310- 341 -0019 T7 iC Data On Demand Phone: 310 - 807 -9247 Info@QualityTrafficData.com Our Promise: QTD stands firmly behind the accuracy of all reported data. If for any reason City of Cupertino is not satisfied with the quality of the data, we will. if necessary, perform a recount at no charge to the City of Cupertino. Our objective is to provide accurate and valid data. This is what makes us stand out against our competitors. EXHIBIT A 9701 W Pico Blvd, Suite 205 a Quality Traffic D Los Angeles, CA, 90035 Phone: 310- 341 -0019 T'7 iC Data Demand Phone: 310- 807 -9247 Info @QualityTrafficData.com References: Sacramento Area Council of Governments ( SACOG) In 2008 Quality Traffic Data, LLC was awarded a two (2) year contract by SACOG. The project consisted of more than 600 ADT segment study with 24 hour, 48 hour, 96 hour Speed, Volume and Class Study. SACOG requested all counts to be conducted during the month of October and November of 2008 and in April and May of 2009. Contact: Mr. Bruce Griesenbeck Address: 1415 L Street, 3rd Floor, Sacramento, CA.95814 Phone: 916- 340 -6268 Town of Danville Quality Traffic Data, LLC was awarded a contract by the Town of Danville for its Biennial Traffic Monitoring program. The project included over 40 two -day, volume and class machine counts and 30 AM/Mid Day and PM Turning Movement Counts including Traffic Synchro Analysis and Signal Warrant Analysis. Contact: Ms. Nazanin Shakerin Address: 510 La Gonda Way, Danville, CA 9452E Phone: 925- 314 -3390 LAX World Airports QTD was awarded a two (3) year contract by Los Angeles World Airport to conduct 80 intersection Turning Movement Counts in 2008, 2009 and 2010 during the month of every August. The project was successfully completed according to the exact time -frame and schedule requested by the client. The result of this study was used by the Los Angeles City Council to approve the Final Environmental Impact Report of the LAX Master Plan and the LAX Specific Plan. Contact: Mr. Patrick Tomcheck Address: 7303 World Way West Los Angeles, CA, 90045 Phone: 424 - 646 -5192 EXHIBIT 9701 W Pico Blvd, Suite 205 Quality Trek Data Los Angeles, CA, 90035 Phone: 310- 341 -0019 �'7 IC a ( Demand Fax: 310- 807 -9247 Info @QualityTrafficData.com Insurance: Quality Traffic Data takes full precaution in all its business dealings. As such, we have an array of various insurance policies to protect our clients and our firm against any unavoidable occurrences. Type Issuing Agency Valid Through Amount Policy # Worker's Comp State Fund Insurance 8/1/2011 $1,000,000 1881243 -07 Professional Liability Lloyds of London 8/17/2011 $1,000,000 439435 + Errors & Omissions General Liability + Automobile Coverage The Hartford 8/17/2011 $2,000,000 72 SBA UV 6989 EXHIBIT 9701 W Pico Blvd, Suite 205 Allj Quality Traffic Data Los Angeles, CA, 90035 Phone: 310- 341 -0019 1'ic Data ( Demand Phone: 310 - 807 -9247 Info@QualityTrafficData.com Cost Proposal: Please note: the rates below include all labor and direct costs related to count collection. These costs include overhead, travel and fuel expenses. DESCRIPTION QTY RATE TOTAL TMC 6 -9am, 4 -7pm. No Ped and Bike 14 $372.00 $5,208.00 Additional Technician 1 $75.00 $75.00 48hr Volume counts directional 1 $80.00 $80.00 48hr Volume counts nondirectional 1 $65.00 $65.00 48hr Volume and speed counts directional 1 $95.00 $95.00 Please note, depending on the size of the order and type of service, a discount of 10% to 15% may be available.