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08-099 Traffic Data ServiceAGREEMENT ~~~~ CITY OF CUPER'TINO 10300 Torre Avenue Cupertino, CA 9:1014 408-777-3200 BY THIS AGREEMENT, made and entered into this ~Q~day of ;, de 2008 by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Traffic Dafull Servl ,Northern California , 1386 Whiite Oaks Road, Sutte 1, Campbell, Ca 85008 (408) 3T7-2988 (Hereinal~er referred as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as follows: CONTRACTOR shall provide or furnish the following specfied services and/or materials: . Conducting morning and evening peak hour intersection fuming movement counts. Intersection fuming movement count of the 14 locations are given In Appendix A, attached. Provide additional counts service as needed for an additional services under this agreement EXHIBITS: The following attached exhibits hereby are made part of this Agreement: _ Exhibit A, Scope of Work TERMS: The services and/or materials furnished under this Agreement shall commence on August 25, 2008 and shall be completed before June 30, 2009. COMPENSATION: For the full perfomtance of this Agreement, CITY shall pay CONTRACTOR: $15,000 CaNfomia Labor Cods, Section 1771 requires the payment of prevaiNng wages to afi workers empkryed on a Public Works contract in excess of sl,ooa.oo. . GENERAL TERMS AND CONDiT10N3 Hold Harmless. Contrector agrees to save and hold hannl~s the City, Rs officers, agents and employees from any and all damage and NabNhy due to nsgligerice, errors and omissions. inducting all costs of defending arty claim, cz~used by or arising out of the peAormarroe of this AgroemeM: City shah not be Nable for ads of Contractor in performing servkoes described herein. Irrauirance. Should the City require sviderrce of insurability; Contractor shah fiN ~~ City a CeRiNcote of Insurance before commencing any services under thfs Agreement. Reid Certificate shall bs subject to the approval of CNy's t>irector of AdministretNe Services. Non.Discrfrnirratiom. No discrimination shall bs made in the ~npioyment of {rarsons under this Agreement because of the race, color, national origM ancestry, reNgion or sex of such person. interest of CoMredbr. It is understood and agreed that this Agreement ~ not bi contract of employment in the sense ti~at ttu~ relationship of master and servant exists between CRy and undersigned. At afi thrres, Contredor shall be deemed to be an independent contractor and Contractor is not authorized to bind the City to arty oontreds or other obNgations in executing this agreement. Contractor certifies that rw one who has or witl have any financial hrterest under this AgreernaM is an officer or employee of City. Change;. Thb Agreement shall na be assigned or transferred without the wrtten consent of the Cih-. Plc changes or vatiatkrns of any kMd are authorized without the written «~nnsent of the City. CONTRACT CO-0RDINATOR and representative for CITY shall be: NAME: David Stillman DEPARTMENT: Public Works `~ ENTERED This Agf+esment shali~ 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 V ~ \~~ ~,~1,~ vl . By'~.~~ Title ~ 4 ~~ ~ Title ~-;. ,..,-. r. C ~ ~ t , E=-~v~> > ~~(: Soc. Sec. # or Tax I.D. ~~ ~YO~crurnTt rRe oisTRIBlJT10N Arrrsvvi+a..~ E ~ DATE --- ------ - 110-!16017014 576,000 ~ ~ RK ~~ - /O ~~ J RECEIVED PUBLIC WORKS DEPARTLvIE]VT SEP 0 9 2008 ERf~ITA CITY OF CUIPERTINO PUBLIC WORKS DEPARTMENT SCOPE OF WORK for TURNING MOVEMENT COUNT DATA COLLECTION A. General The City is seeking a Traffic Data Collection firm to conduct turning movement counts at selected intersections B. Description of Work Contractor shall provide all equipment, labor and tr;insportation necessary to conduct turning movement counts as described in this scope of work:. Work shall consists of: ry v Conducting morning and evening peak Dour intersection turning movement counts. Intersection turning movement count locations are given in Appendix A, attached. Morning counts shall be conducted for three hours between 6 am and 9 am, and evening peak hour counts shall be conducted for three hours between 4 pm and 7 pm. Each location will require a minimum count team of two persons to conduct the surveys. The more complex intersections may require up to four persons. C. Submittals Hard copies showing the volume for each movement by fifteen-minute increment, in a tabulated format, shall be provided for each morning and eve~iing count period. The total volume for each movement during the highest peak hour within each three-hour count period shall also be provided in a graphical format. Electronic copies o1' all Eles shall also be provided. D. Schedule The turning movement counts listed in Appendix A shall be completed prior to October 31, 2008. E. Payment Invoices will be paid upon receipt of the required submittals for each count location. EXFIIBITA F. Contractor Qualifications Vendor must be familiar with the Cupertino area. Vendor must have the equipment and personnel to perform the work within the required time lines. Vendor must be able to provide proof o1~ insurance to the satisfaction of the City without undue delay. G. Selection Criteria The selection of a contractor will be based upon demonstrated ability to provide timely and quality services. The criteria used to evaluate and select a contractor for this service include the following: • Contractor's ability to provide reliable and timely services. • Contractor's demonstrated ability to provide qualified employees who can perform the work accurately. • Contractor's references as to competence, stability and overall quality of services. • Contractor's ability to comply with the City's insurance requirements. • Contractor's proposed fee relative to the services provided. • Contractor's past performance on similar projects. H. Submittal of Proposals Optimally, two (2) copies of the completed proposal shall be delivered to David Stillman, City of Cupertino Public Works Department, by August 11., 2008, no later than 3:00 p.m. However, the City will accept faxed proposals for this project, as long as proposals are received before the deadline. The proposal shall, as a minimum, include the following: • A list of at least three references of other municipalities or private companies who have used your services during the past 1:wo years. For each reference provide information on the type of traffic counts conducted and number of count locations in each job. • A Statement of Employee Training and :Experience. Contractor shall submit a statement of procedures for hiring and training personnel who will conduct these counts, and describe previous experience of crews who will be used on the job. • Fee for performing intersection turning movement counts, including submittals, on a per location basis. • A sample of typical tabulated intersection turning movement count data, as required for each intersection per Section B, "Submittals". Complete and return with your proposal all requires. proposal documents. EXEi1BITA I. Insurance Requirements The Vendor shall be able to furnish to the City on request the required certificates and endorsements to provide the City satisfactory proof that the Vendor carries the following insurance coverage: • Worker's Compensation & Employers Liat~ility. In accordance with the Worker's Compensation Act of the State of Californi;~ -Worker's Comp - "statutory" per CA Law; Employers' Liability - $1.0 million per occurrence. General Liability -commercial general liability; including provisions for contractual liability, personal injury, independent contractors and products -completed operations hazard: Combined single limit of $1.0 million per occurrence; $2.0 million in the aggregate. • Automobile Liability -comprehensive covering owned, non-owned and hired automobiles: Combined single limit of $1.0 million per occurrence. J. Contact For questions, please contact: David Stillman, P.E. Senior Civil Engineer City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Phone: (408) 777-3249, Fax: (408) 777-3333 EXHIBIT A Appendix A: Turning Movement Count Locations 1. Interstate 280 north ramp & Wolfe Road 2. Interstate 280 south ramp & Wolfe Road 3. Stevens Creek Boulevard & Wolfe Road/Miller Avenue 4. De Anza Boulevard & Prospect Road . 5. Highway 85 south ramp & De Anza Boulevard 6. Highway 85 north ramp & De Anza Boulevard 7. De Anza Boulevard & Bollinger Road 8. De Anza Boulevard & Stevens Creek Boulevard 9. Interstate 280 north ramp & De Anza Boulevard 10. Interstate 280 south ramp & De Anza Boulevard 11. De Anza Boulevard & Homestead Road 12. Stevens Creek Boulevard & Stelling Road 13. Highway 85 west ramp & Stevens Creek Boulevard 14. Highway 85 east ramp & Stevens Creek Boulevard 08/11/2008 14:43 FAg 4083772998 TRAFFIC 1DATA SERVICE EXFflBITA Cd.J 007 DM,TM Barris Fred Kelley (408) 298-2929 Over 350 fuming movenr~ent counts Kimley~Horn Associates mike Mowery (925) 543-0840 Over 400 turning movement counts Cost Pro osai TDS will work with City staff to detennrnine the number of count personal xequired for each intersection. In 2006 vve completed all counts with two people per count with the exception of De A.r~~/Stevens Creek and De Anza and Homestead. We are willing and able to ~.~se additional people if requested. We can provide counts at the following costs: Three-hour, two~person, peak period turning movezrlent count -- $250. Three-hour, three-person, peak period tLnning movement count -- $300. Three-hour, four-person, peak period tu~~ing movement count =- $350. 6