99-104 DKS Associates – Interstate 280 @ Wolfe Rd interchange traffic safety improvement project City Hall
510k. 10300 Tone Avenue
I
,i 0 Cupertino, CA 95014-3245
• VI ..' • (408)777-3354
FAX(408)777-3333
City of
Cupertino
PUBLIC WORKS DEPARTMENT
Summary
AGENDA ITEM I AGENDA DATE September 20, 1999
SUBJECT AND ISSUE
Award of contract for Traffic Engineering Services for Interstate Route 280 at Wolfe Road Interchange
Traffic Safety Improvement Project
BACKGROUND
The City requested Statements of Qualifications from traffic engineering consultants for engineering
services for the Interstate Route 280 at Wolfe Road Interchange Traffic Safety Improvement Project.
The project consists of evaluating traffic safety measures to reduce the number of accidents. In
addition to the City's work at that interchange, there is an approved project by Caltrans to modify the
ramp configuration by re-aligning the northbound 280 to northbound Wolfe Road. This project is to be
totally funded by the State.
A grant has been received from the Hazard Elimination Safety Program by the federal government in
the amount of$500,000, which is a fully funded grant. The consultant portion is $113,002.
Proposals were received from four companies: DKS Associates, TJKM Transportation Consultants,
Mark Thomas & Co., Inc. and CCS Planning &Engineering, Inc.
STAFF RECOMMENDATION
Staff recommends that the City Council award the project to DKS Associates in the amount of
$113,002.00
Su 'ttediy: Appro-d for submission:
ila
ert J. 1 is, .vich Donald D. :rown
Director o 'ublic Works City Manager
Printed on Recycled Paper —
September 20, 1999 Cupertino City Council & Page 2
Redevelopment Center
8. Acceptance of city projects performed under contract: Medians and Roadsides, Landscape
Improvements at Various Locations,Project 98-108 (Robert A. Bothman,Inc.).
9. Award of contract for Interstate Route 280 at Wolfe Road Interchange Traffic Safety Improvement
Project.
10. Designation of permit parking:
(a) Byrne Avenue between McClellan Road and San Fernando Avenue, Resolution No. 99-
273
(b) Santa Teresa Drive between Hyannisport Drive and Columbus Avenue, Resolution No. 99-
274
11. Accepting grant of easement for storm drain purposes from First Baptist Church of Cupertino,
10525 Miller Avenue,APN 369-16-001,Resolution No. 99-275.
12. Accepting quitclaim deed from the Roman Catholic Bishop of San Jose, 22555 Cristo Rey Drive,
Los Altos, APN 342-63-002, 005,Resolution No. 99-276.
ITEMS REMOVED FROM THE CONSENT CALENDAR
PUBLIC HEARINGS
13. Public hearing to consider abating public nuisances (inoperable vehicle, substandard roof) at
19337 Phil Lane, Lida Rivera,Resolution No. 99-277.
PLANNING APPLICATIONS
14. Tentative map to subdivide a 14,661 sq. ft. parcel into 7 lots for an approved- townhouse
development, 7359 Rainbow Drive, Applications 3-TM-99, 14-EA-99, APN 362-31-029, Judy
Chen. A Negative Declaration is recommended„and this item is recommended for approval.-
Actions to be taken: - -
1. Grant Negative Declaration
2. Approve applications per Planning Commission Resolution No. 5069,modify, or deny
UNFINISHED BUSINESS
NEW BUSINESS
ACCOUNT NO. 420-9528 —u 1r"
PURCHASE ORDER NO.
AGREEMENT • ' q 1
THIS CONSULTANT AGREEMENT, made and entered into this day of
2000, 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, California 94612-2931, hereinafter referred to as "CONSULTANT";
WITNESSETH:
WHEREAS, CITY desires to retain traffic engineering services in conjunction with Interstate
Route 280 at Wolfe Road Interchange Traffic Safety Improvement 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 herein agree as
follows:
1. DEFINITIONS.
(a) The word "City" as used in this agreement shall mean and include all the
territory lying within the municipal boundaries of the 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/her designated representative.
(c) The term "City Attorney" shall mean the duly appointed City Attorney of the
City of Cupertino, California, or his/her designated representative.
(d) The term"City Clerk" shall mean the duly appointed City Clerk of the City of
Cupertino, California, or his/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.
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2. CONSULTANT CONTRACT ADMINISTRATION.
(a) City. The City Manager shall be representative of CITY for all purposes under
this agreement. RAYMOND CHONG is hereby 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 PROJECT MANAGER to have
overall responsibility for the progress and execution of this agreement for CONSULTANT. Kevin
Aguigui is hereby designated as the PROJECT MANAGER. Should circumstances or conditions
subsequent to the execution of this consultant 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 Traffic Engineering Services
for the Interstate Route 280 at Wolfe Road Interchange Traffic Safety Improvement Project, dated
August 6, 2000, attached by reference as Exhibit A.
(2) CONSULTANT's "Proposal to Provide Traffic Engineering Services for
the Interstate Route 280 at Wolfe Road Interchange Traffic Safety Improvement Project, dated August
17, 2000, attached by reference as Exhibit B.
(3) CONSULTANT's"Work Plan", dated March 17, 2000, attached as
Exhibit C.
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(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.
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(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.
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CONSULTANT shall begin work after letter of notification has been sent to the
CONSULTANT from the CITY. Work will be completed by December 31, 2001.
5. PAYMENTS.
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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 $105,978.30 plus a fixed fee amount of$7,367.85. 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 35 cents per mile, while
traveling away from CONSULTANT's headquarters which is hereby designated as Oakland. 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
$113,346.15.
The CONSULTANT's cost proposal is stated in the following documents:
(1) Consultant's "Cost Proposal", dated March 17, 2000, attached as Exhibit D.
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.
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7. COST PRINCIPLES.
The Federal Acquisition Regulations in Title 48, Code of Federal Regulations (CFR) 31 are the
governing factors regarding allowable elements of cost.
(a) Covenant Against Contingent Fees. The CONSULTANT warrants that he/she
has not employed or retained any company or person, other than a bona fide employee working for the
CONSULTANT to solicit or secure this agreement, and that he/she has not paid or agreed to pay any
company or person, other than a bona employee, any fee, commission, percentage, brokerage fee, gift,
or 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.
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 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. -
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
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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 staffs 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,
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1.1 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
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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 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.
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.
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(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:
1. Participation by Caltrans' certified DBEs as a prime consultant or sub-consultants in
this contract, or
2. A good faith effort by the prime consultant in trying to secure participation by DBEs
prior to award of this contract. Documentation of a good faith effort is to be submitted in writing and
consists of the following:
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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. Allwork 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: Raymond Chong
Contract Administrator
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
TO CONSULTANT: Kevin Aguigui
Project Manager
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
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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 E
(b) Certification of Consultant, attached as Exhibit F.
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 G-1 to G-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.
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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.
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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 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.
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IN WITNESS WHEREOF, CITY and CONSULTANT have executed this agreement the day
and year first written above.
ATTEST; cc.17:55JP
ERTINO /tj4 )19-14)
City Clerk�� ayor
APPROV 2 AS To FLV :
/ a/L.II
.r` iney
DKS Associates
Consultant
Name
1956 Webster Street, Suite 300
Address
Oakland, CA 94612
City, State,ZIP
(510) 763-2061 Telephone
Social Security Number
or
Tax Identification Number 94-2583153
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LIST OF EXHIBITS
Exhibit Title
A City's "Request for Proposal—Traffic Engineering Services for
the "Interstate Route 280 at Wolfe Road Interchange Traffic
Safety Improvement Project", dated August 6, 2000.
B Consultant's "Proposal to Provide Traffic Engineering Services
for the "Interstate Route 280 at Wolfe Road Interchange Traffic
Safety Improvement Project", dated August 17, 2000.
C Consultant's "Work Plan", dated March 17, 2000
D Consultant's "Cost Proposal", dated March 17, 2000
E Certification of Local Agency
F Certification of Consultant
G-1 Insurance Agreement
G-2 Certificate of Insurance
G-3 Endorsement of Primary Insurance
G-4 Additional Insured Endorsement
G-5 Comprehensive General Liability
Commercial General Liability
Endorsement of Aggregate Limits of Insurance per project
G-6 Waiver of Subrogation Endorsement Worker's Compensation
Insurance
G-7 Notice of Policy Cancellation Endorsement
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EXHIBIT "C"
WORK PLAN
Under the Traffic Engineering and Safety Evaluation task, we will fully evaluate the existing and
projected traffic and safety issues and needs of the entire interchange. Under the Preliminary
Engineering task, we will evaluate the immediate and long term needs of the interchange in terms
of intersection and roadway configurations, alignment, bridge modifications, and traffic signal
modifications to address the traffic and safety issues. The goal is to determine the long term
interchange configuration to eliminate all safety impacts and to accommodate future traffic
volumes.
The following outlines the proposed work plan separated out by the specific elements of the
project. We will conduct the project under the following tasks:
1. Project Management
2. Reconnaissance and Data Collection.
3. Interchange Evaluation and Preliminary Engineering.
4. Preparation of PS&E Documents.
5. Post Design Support and Construction Assistance.
We will track the progress of the project through several means including monthly Progress
Reports and Technical Memorandums. The Technical Memorandums will be in the form of
Working Papers. Our proposed schedule allows for Technical Memorandums to be prepared at
key stages in the project. We have also allowed adequate review time for the City and Caltrans
during the PS&E preparation stage.
Task 1: Project Management
This task includes the following:
D Attendance at kick off meeting
D Attendance at monthly progress meetings
D Preparation of meeting agenda and meeting minutes
D Preparation of monthly progress reports, including work performed during the month, work
planned for next month, and identification of any outstanding issues
D Preparation of invoices
D Coordination of sub consultants
D Coordination with Caltrans
D Preparation of contact list, including updates
D Preparation of detailed project schedule, including updates
Deliverables:
> Meeting Agenda
> Meeting Notes
> Contact List
> Project Schedule
DKS Associates 1 March 17, 2000
g, L
EXHIBIT "C"
WORK PLAN
> Monthly Progress Reports
> Invoices •
Task 2.0: Reconnaissance and Data Collection
Under this task, the DKS Team will conduct a field topographic survey, conduct traffic counts,
conduct field observations, and gather pertinent materials for succeeding tasks. DKS will attend
the kick-off meeting with the City and Caltrans to discuss overall goals and procedures for the
project.
Task 2.1: Field Reconnaissance,Data Collection, and Review
We will identify important information which will be gathered such as:
> Identify detailed traffic and safety issues
> Identify objectives, needs, and concerns
> Identify current problems and complaints to be addressed
> Identify local traffic patterns and events that affect patterns
> Review history of current signal operation
> Obtain and review current interjurisdictional arrangements, if any
> Identify and review planned roadway or intersection changes that may affect project
(including those identified in RFP)
> Identify and review other projects that need coordination or consideration
> Identify design standards and preferences
> Identify Caltrans policy and specific project requirements
> Collect as-built drawings including for signal interconnect, Caltrans interchange
Improvement Plans, and local improvement plans.
> Collect current agency design standards and drawing formats
> 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
DKS has already conducted a preliminary field inventory of existing conditions of the
interchange. At this early stage, we will finalize our detailed field inventory and inspection of
the existing conditions. It is important to collect this information before preparing any detailed
preliminary engineering design and budgeting work to ascertain the major constraints of the
interchange.
Signal timing and operations information will be collected for the study area traffic signals and
ramp metering signals.
Deliverable: Working paper summarizing information collected.
Task 2.2: Traffic Counts
DKS Associates 2 March 17, 2000
EXHIBIT "C"
WORK PLAN
This task includes the following:
The DKS Team will collect 12-hour turning movement and 24-hour automatic "tube" counts.
The turning movement counts will be collected at the two study area intersections, and the tube
counts will be collected at two (2) 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, in particular the impact to Wolfe Road. '
Tuning movement counts will be collected between 7 A.M. and 7 P.M. on either a Tuesday,
Wednesday, or Thursday. The automatic "tube" counts will be collected from a Thursday
through a Sunday.
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.
DKS will prepare a draft working paper summarizing findings and present to the City and
Caltrans. We will discuss comments and modify the working paper as needed.
Deliverable: Working paper summarizing information collected and its implications.for the
project.
Task 2.3: Topographic Survey
Aerial and ground control surveys will be conducted. The topographic survey will be performed
utilizing survey ground control and aerial mapping methods. The mapping limits will be as
follows:
> Between 100 meters west of Wolfe Road and 450 meters east along I-280;
> Between 250 meters south of I-280 and 350 meters north of I-280 to Pruneridge.
> Mapping limits will be between 9 and 15 meters from the back of roadway.
The ground control surveys will set the required controls for the aerial mapping. An allowance .
for the anticipated supplemental field surveys necessary during the design phase has been
included in this task.
Deliverable: Field Notes.
Task 2.4: Base Map Preparation
Base maps will be prepared for the project from the topographic survey. These base maps will be
supplemented with information in the city's files such as right-of-way plans and roadway
construction plans, as well as from field measurements. The base map will be prepared in
AutoCAD format. However, if deemed more appropriate, the base maps can be prepared in
Microstation format.
DKS Associates 3 March 17, 2000
,
EXHIBIT "C"
WORK PLAN
The base maps will be prepared at the metric scale of 1:250, corresponding to an approximate
imperial scale of 1"=20'. The mapping will show all physical features with 0.25 meter contours
within the entire limits of the mapping. Existing right of way data and utility information will be
shown on the base maps.
Deliverable: Base maps of the project.
Task 3.0: Interchange Evaluation and Preliminary Engineering
One of the key goals of this task will be to evaluate and provide recommendations on alternative
improvements to the interchange under near term and long term scenarios. The near term
scenario would involve improvements that can be implemented using the available funds and
opportunities afforded with other planned projects. The long term scenario would involve major
improvements to the interchange to upgrade this facility to an ultimate configuration to
accommodate projected traffic volumes and eliminate any safety issues.
Task 3.1: Traffic Operations and Safety Analysis
DKS will conduct a detailed traffic operations analysis of the interchange including intersection
levels of service, queuing, average delay, merge, and diverge conditions. We will evaluate the
specific operational needs and characteristics of each intersection as it relates to signal phasing,
phase splits, phase sequences, etc. In addition, we will evaluate all potential intersection and
roadway geometric modifications to improve the safety and levels of service, and to reduce
accidents and delays for both automobiles and bicyclists alike.
DKS will conduct a near and a long term operational needs analysis of the entire interchange to
identify alternatives for the ultimate configuration. Some of the design considerations will
include:
> Accommodating the projected traffic volumes
> Elimination of existing safety impacts
> Tie in points along Wolfe Road
> Freeway merge, diverge, and weave impacts
> Ramp meter lane configurations
> Ramp Meter/Traffic Signal Integration
> Vehicular storage requirements
> Bike lanes
' > Pedestrian circulation
> Traffic signal coordination
The scenarios that will be evaluated include:
1. Existing conditions
2. Existing plus Approved Project conditions, and;
3. Future Buildout conditions
DKS Associates 4 March 17, 2000
r,
EXHIBIT "C"
WORK PLAN
We will conduct a level of service analysis of the weekday AM and PM peak hours. If required
for evaluation of an interchange improvement, DKS will evaluate a full interchange evaluation
including merge, diverge and weave conditions. This type of evaluation will depend on the
shortlist of alternatives to be evaluated. In addition, DKS will prepare a Corsim simulation
model to demonstrate the potential effectiveness of each alternative improvement(s).
In addition, it will be critical to identify at this stage the near term and long term improvements
•
for the interchange, and factor in the available opportunities to share resources with current
programmed construction activities in the area.
DKS will prepare a report on the Traffic Operations and Safety Improvement Needs and Levels
of Service analysis. We will prepare conceptual sketches of geometric and/or signal phasing
improvement recommendations (near and long term), and present the findings to the City and/or
Caltrans for review. We will revise the report based on comments received. This evaluation will
not include preliminary cost estimates.
Deliverables:
> Traffic Operations and Safety Improvement Needs and Levels of Service report.
➢ Concept Sketches.
Task 3.2: Preliminary Engineering
This task will utilize the Traffic Operations and Safety Improvement Needs analysis prepared
under Task 3.1,Traffic Operations and Safety Analysis.
Task 3.2.1:Preparation of Concept Designs
We will work very closely with the City and Caltrans to determine the most feasible types of
improvements. We will utilize the previous studies conducted for the City, and conduct several
brainstorming sessions between all agencies involved.
Based on these, we will prepare up to three (3) conceptual alternative interchange configurations
for both the near and long term scenarios. It is very likely that the near term solution(s) may
involve only a single alternative with various design components. In all cases, we will attempt to
maximize the opportunities to use any near term improvements under the long term
configurations.
We will evaluate improvements to the overcrossing including widening the bridge structure,
removal of a sidewalk and/or raised median to accommodate additional travel lanes, widening
the on-ramps, improvements to ramp meter operations, etc.
•
It is our intent to prepare all of the designs to meet or exceed Caltrans standards in order to avoid
the need for design exceptions. If there will be any element that will need a design exception,
they will be identified under this task.
DKS Associates 5 March 17, 2000
EXHIBIT "C"
WORK PLAN
The Concept Design plans will be prepared in metric units using the base map information
prepared under Task 2.4, Base Map Preparation. These concept plans will identify certain
conceptual details of any roadway and intersection improvements including, but not limited to,
roadway widening, bridge and structural modifications, curbs, landscaping areas, existing
utilities, potential utility relocations, freeway widening limits, traffic signal, right of way lines,
streetlights, pavement delineation, and conform points.
The concept design configurations will include enough preliminary engineering design details to
prepare preliminary cost estimates of each alternative including all necessary structural and
bridge elements, traffic and civil elements, and all pertinent contingencies.
These concept plans will be submitted to the City and Caltrans for review. It will be necessary at
this point to meet to discuss the concept plan and forge a working agreement with Caltrans that
will form the basis for continuing work on the project.
It is the goal of this task to identify a preferred alternative for at least the near term, and
potentially the long term. Since it is envisioned that the long term would involve a more
comprehensive evaluation in the form of a Project Study Report (PSR), the intent of this task is
to set the foundation for such a PSR, or initiate sections of such a PSR in preparation for it.
Deliverables:
> Up to three Concept Design Configurations for alternative improvements.
> Preliminary cost estimates (optional).
Task 3.2.2: Funding and Grant Applications
The DKS Team will prepare grant applications for up to three funding sources to be determined •
in consultation with the City and/or Caltrans. In addition, we will prepare an overall funding
plan which would identify potential funding sources that should be considered and a preliminary
strategy for attaining the funds. We will explore all levels of funding sources including those at
the federal, state and local levels.
Deliverables:
> Up to three grant applications.
> An overall funding plan identifying strategies for securing funds.
Task 4.0: Preparation of PS&E Documents
DKS will prepare the detailed PS&E documents for the near term improvements of this project.
It will be important to begin thistask 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.
DKS Associates 6 March 17, 2000
EXHIBIT "C"
WORK PLAN
1. Title Sheet (1 sheet)
2. Construction Area Signing Details (1 sheet)
3. Standard Plan Listing (2 sheets)
4. Monument Plan (1 sheet)
5. Layout (2 to 3 sheets)
6. Utility Plan (1 to 2 sheets)
7. Traffic Signal and Lighting Plan (4 to 6 sheets)
8. Pavement Delineation Plan (2 to 3 sheets)
9. Highway Lighting Plan (2 to 3 sheets)
10. Construction Details (1 sheet)
11. Traffic Control Special Details, if needed (1 to 2 sheets)
TOTAL: 18 to 25 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 widening
and/or excavations will be made. As noted under Task 2.1, and as necessary to complete utility
certifications, utility information will be collected for the entire project area.
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 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 and/or the individual agencies.
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 4.1: Preparation of 60% PS&E Documents
Once comments on the concept design(s) are received, the 60% design drawings will be
prepared. This set of plans will include more detailed design information on items such as cross
sections, drainage features, flowlines, earthwork, grading, traffic signals, signing, pavement
delineation, street lighting, landscaping, irrigation, bridge modifications, and right of way
information. Other items to be prepared are as follows:
> Address comments on the concept design;
> Prepare the draft Special Provisions;
> Prepare the Preliminary Construction Cost Estimate.
The plans and specifications will be based on the latest Caltrans Standard Specifications and
Standard Plans.
DKS Associates 7 March 17,2000
1f �7
EXHIBIT "C"
WORK PLAN
An Encroachment Permit Application will be prepared and submitted to Caltrans and the City (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 part of the PEER process•as
described in Task 3.3.
Deliverable: Full size 60 percent PS&E Documents to the City and Caltrans.
Task 4.2: Preparation of 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.
> Right of way certification (for city's signature).
Task 4.3: Preparation of 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 per the comments received. All PS&E details and information will be complete and
ready for city review.
A full Mylar 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 Sheets. At this stage it is anticipated that all necessary Encroachment
Permit(s) will be fully executed.
Deliverable: Full size, signed and sealed Final PS&F Documents to the City and Caltrans.
Task 4.4: Right of Way Engineering (optional)
DKS Associates 8 March 17, 2000
EXHIBIT "C"
WORK PLAN
This task is optional and will be performed if necessary for the project. All work is anticipated to
occur with in the public (city or state) right of ways. Therefore, no additional right of way
engineering, beyond research and plotting of the existing right of way as described in Task 2 is
included. If it is determined that this task will be needed, DKS will prepare a cope of work and
perform this task on a time and materials basis.
Deliverable: Appraisal, right of way maps and legal descriptions as needed.
•
DKS Associates 9 March 17, 2000
It
• EXHIBIT "C"
' WORK PLAN
Task 5.0: Post Design Support and Construction Assistance
DKS will provide the City of Cupertino with assistance during the post design and construction
period. The service we will provide under this task is broken into three tasks: Pre-Construction,
Construction Administration, and Post Construction/Acceptance.
Post Design Support and Construction Assistance will be provided once 'the final PS&E
documents have been approved. The services to be provided under these tasks include, but is not
limited to:
Task 5.1: Pre-Construction Assistance
1. Bidding Assistance --Bid Addenda Preparation.
2. Pre bid meetings.
3. Comparison of Bids and Recommendations.
4. Stake Survey Control Line and Bench Mark. Add to cost proposal.
5. Pre-Construction Meeting.
Task 5.2: Construction Administration
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.
1. Field Visits/Inspection/Construction Meetings.
2. Review Submittals and respond to RFIs.
3. Assistance with Change Orders.
4. Field Meetings.
5. Assistance with Signal Tum-On/Timings.
Task 5.3: Post Construction/Acceptance
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: Letters, memoranda, reports, addenda, change orders, field visits and technical
support for construction of the system, as-built plans, material and hardware binder.
Task 5.4: Preparation and Implementation of Traffic Signal Timings
DKS Associates 10 • March 17, 2000
) 1 II
EXHIBIT "C"
WORK PLAN
DKS will develop new base signal parameters and coordinated signal timing plans as needed for
traffic signal modifications or geometric improvements.
The new timing plans will specify the cycle length, phase split, offset, phase sequence, and other
parameters that the local system allows to be changed by timing plan. Timing plans presented for
review will be office-fine-tuned, and not just raw output from optimization models.
The new signal timing will be presented to the City and/or Caltrans for review and approval
before implementation.
New Signal Timings and Timing Plans will be developed for:
1. Weekday AM peak
2. Weekday PM peak
3. Weekday midday peak
4. Off-peak (several plans if needed)
5. Weekends (several plans if needed)
6. Unusual flow patterns at any time
7. Maximum one-way throughput for incident conditions
We will assist the City in implementing the new signal timings for each traffic signal. This work
will include:
> Enter the new signal timings into the signal system database.
> Download timings and operate them out of the peak period.
> Observe initial operation and fine tune signal settings.
> Operate timings during the intended time period.
> Observe new timings in the field and use system monitoring to record operation.
> Make fine-tuning adjustments to timings including plan transitions.
> Upload revised timings.
> Perform simulation of the revised timings.
> Compare simulated performance of the new and old timings.
Deliverable: Final implemented signal timings and simulation evaluation of implemented
timing plans.
DKS Associates 11 March 17, 2000
City of Cupertino
Interstate 280 at Wolfe Road Safety Improvement Project
Fee Estimate
Staff Rate Total Hours Task 1 Task 2 Task 3 Task 4 Task 5
Project Management Data Collection Preliminary Engineering PS&E Post Design Support
Principal $57.24 30 4 4 12 8 2
Project Manager $37.64 160 16 16 72 40 16
Lead Engineer $31.55 186 8 24 40 98 16
Project Engineer $25.82 216 8 56 96 32 24
Technician $26.58 164 0 32 68 60 4
Clerical $14.70 36 4 4 16 8 4
Total Hours: 792 40 136 304 246 66
Total Direct Labor: $24,073.22 $1,349.00 $3,943.59 $9,180.19 ' $7,594.08 $2,006.36
Overhead @ 185.29%: $44,605.28 $2,499.56 $7,307.08 $17,009.98 $14,071.08 - $3,717.59
Total Labor: $68,678.50 $3,848.56 $11,250.67 $26,190.17 $21,665.16 $5,723.95
Direct Expenses: $5,000.00 $200 $1,000 $1,400 $1,600 $800
SUBTOTAL: $73,678.50 $4,048.56 $12,250.67 $27,590.17 $23,265.16 $6,523.95
Winzler&Kelly $22,500.00 $0.00 $11,500.00 $9,000.00 $2,000.00 $0.00
Radman Aerial 2 $9,800.00 $0.00 $9,800.00 $0.00 $0.00 $0.00
Wiltec2 $2,500.00 : $0.00 $2,500.00 $0.00 $0.00 $0.00
SUBCONSULTANT TOTALS: $32,300.00 $0.00 $23,800.00 $9,000.00 $2,000.00 $0.00
Fee 0, 10% 1: $7,367.85 $404.86 $1,225.07 $2,759.02 $2,326.52 $652.39
PROJECT TOTALS: $113,346.35 $4,453.41 $37,275.73 $39,349.19 $27,591.68 $7,176.34
1. Fee includes direct labor,overhead,and other direct expenses.
2. DBE Firm.
"Direct Expenses"include phone,copies,computer,fax,travel,subsistence,transportation and supplies.
DKS may reallocate resources and adjust tasks within the budget estimate as needed to accommodate requirements of the project,subject to the maximum contract ceiling.
•
March 17, 2000
DKS Associates 01At99x]1onFee_f
EXHIBIT E
CERTIFICATION OF LOCAL AGENCY
1/4
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 aws, both criminal and civil.
ce
4 iz Zoe ,
si.i�IFS
(Date) Signature)
•
13
EXHIBITF
CERTIFICATION OF CONSULTANT
I HEREBY CERTIFY that I am the President and duly authorized representative of the firm of DKS
Associates, whose address is 1956 Webster Street, Suite 300, Oakland, CA 94612-2931, 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 solicitor 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.
SA
(Da ) (Signature)
14
R'
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 BE 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 policy cancellation endorsement - must be signed by the insurance agent or must
be on the company's certificate of insurance form for all insurances.
CRY OF
CUPERJINO INSURANCE AGREEMENT
A. 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 progress 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 Contractand 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 In accordance with the Worker's Compensation
Act of the State of California- $1,000,000 per
occurrence.
Public Liability - either commercial general Combined single limit of$1.0 million per
liability or comprehensive general liability; occurrence; $2.0 million in the aggregate.
including provisions for contractual liability,
personal injury, independent contractors and
property damage coverages.
Automobile Liability —comprehensive covering Combined single limit of$1.0 million per
owned, non-owned and hired automobiles. occurrence.
Consultants only: Errors and Omissions liability. $1.0 million per occurrence.
rev IN Ctic.' By:
(Contractor's Name) ` '
Dated: Met;et 3 j 20 tb
,d � CERTIFICATE OF LIABILITY INSURANCSAB 1 DATE
'
PRODUCER PUBLIC WORKS THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Jenkins/Athens Ins. Concord ONLY AND CONFERS NO RIGHTS UPON'THE CERTIFICATE.
License No. 0545478 HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P, O. Box 5668 LOOO
APR 0 6 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Concord CA 94524-2029 o INSURERS AFFORDING COVERAGE
Phone: 925-798-3334 Fax:925-671-9533
INSURED INSURERA CIGNA Property & Casualty Cos
INSURERS: Indemnity Ins Co pf N. America
DKS Associates INSURER C: Cigna Insurance Company
1956aWebster4Street #300 INSURERD: Zurich American Insurance Co
OaknAI INSURER E:
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.
ILSR TYPE OF INSURANCE POLICY NUMBER DATE(MM/DDm)E POLICY
LIMITS
ON
LTR ,
GENERAL LIABILITY . EACH OCCURRENCE $ _100.0000
A X COMMERCIAL GENERAL LIABILITY D33736939 05/01/99 05/01/00 FIRE DAMAGE(Any ono fire) $ 1000000
CLAIMS MADE n OCCUR MED EXP(Any one person)) $ 5000
X Empl Ben Liab PERSONAL 8.ADV INJURY $ 1000000
.GENERAL AGGREGATE $ 2000000
GEM.AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2000000
7 POLICY7 jEC fl LOC
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1000000
A X ANY AUTO D33736939 05/01/9$ 05/01/Do (Ea accident)
ALL OWNED AUTOS BODILY INJURY $
SCHEDULED AUTOS (Per person)
X HIRED AUTOS BODILY INJURY $
X NDN-OWNED AUTOS - (Per accident)
PROPERTY DAMAGE $
(Per accident)
GARAGELIABIUTY AUTO ONLY-EA ACCIDENT 5
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY:, AGG $
EXCESS LIABILITY EACH OCCURRENCE $ 5000000
B E OCCUR 0 CLAIMS MADE XIIXG19545878 05/01/99 05/01/00 . AGGREGATE $5000000
$
DEDUCTIBLE $
RETENTION $ S.
WORKERS COMPENSATION AND X ORYL TS OER •
C EMPLOYERS LIABILITY C42724889 05/01/99 05/01/00 E.L EACH ACCIDENT S 1000000
EL DISEASE-EA EMPLOYEE $ 1000000
E.L DISEASE-POLICY LIMIT $ 1000000
OTHER
D Professional EDC67.58.55706 05/01/98 05/01/01 $1000000 Per claim
Liability $2000000 Agg
DESCRIPTION,OF OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
10 day NOC will apply if cancelled for non-payment of premium. Re:
A99x3101-Interstate Route 280 @ Wolfe Rd. Interchange Traffic
Safety Improvement Project. Certificate holder, its directors, officers, ;
engineers, agents & employees are named .as Addl Insd'per attached CG2010 & •
CAD001.
CERTIFICATE HOLDER N ADDITIONAL INSURED;INSURER LETTER: CANCELLATION
CIIPER-1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of 'Cupertino • DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
Public Works Department NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL
Attn: Ray D. Chong IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR
City Hall, 10300 Torre. Avenue
REPRESENTATIVES.
.Cupertino CA 95014 . •
n
ACORD 25S(7/97) ®ACORD CORPO TION 1988
/GENERAL ENDORSEMENT
COMMERCML 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 10 93
Check if applicable X
City of Cupertino, its directors, officers,engineers, agents&employees
Re:A99x3101 -Interstate Route 280 @Wolfe Rd-Interchange Traffic Safety Improvement Project
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 ongoing operations
performed for that insured.
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 SUBROGATION
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.
POLICY NO: D33736939 POLICY TERM: 5/1/99 to 5/1/00 ISSUED TO: DKS Associates
INSURANCE COMPANY: CIGNA Insurance Company ISSUE DATE: 11/12/99
Authorized Representative: • • \1/4L �N
Jenki ./Athens Insurance ServicK
COMMERCIAL AUTO
BUSINESS AUTO COVERAGE FORM
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—DEFINI-
TIONS.
SECTION I—COVERED AUTOS
ITEM TWO of the Declarations shows the "autos"that 6 = OWNED "AUTOS" SUBJECT TO A COM-
are covered "autos" for each of your coverages. The PULSORY UNINSURED MOTORISTS LAW.
following numerical symbols describe the "autos" Only those "autos" you own that because of
that may be covered "autos." The symbols entered the law in the state where they are licensed
next to a coverage on the Declarations designate the or principally garaged are required to have
only "autos" that are covered "autos." and cannot reject Uninsured Motorists Coy-
•
A. DESCRIPTION OF COVERED AUTO DESIG- erage. This includes those "autos" you ac-
NATION SYMBOLS quire'ownership of after the policy begins
SYMBOL DESCRIPTION provided they are subject to the same state
uninsured motorists requirement.
1 = ANY "AUTO." 7 = SPECIFICALLY DESCRIBED "AUTOS," Only
2 = OWNED "AUTOS" ONLY. Only those those "autos" described in ITEM THREE of
"autos" you own (and for Liability Coverage the Declarations for which a premium
any "trailers" you don't own while attached charge is shown (and for Liability Coverage
to power units you own).This includes those any "trailers" you don't own while attached
"autos" you acquire ownership of after the to any, power unit described in ITEM
policy begins. THREE).
3 = OWNED PRIVATE PASSENGER "AUTOS" 8 = HIRED "AUTOS" ONLY. Only those "autos"
ONLY. Only the private passenger "autos" you lease, hire, rent or borrow.This does not
you own. This includes those private pas- include any "auto" you lease, hire, rent, or
senger "autos" you acquire ownership of borrow from any of your employees or part-
- after the policy begins. ners or members of their households.
4 = OWNED "AUTOS" OTHER THAN PRIVATE 9 = NONOWNED "AUTOS" ONLY. Only those
PASSENGER "AUTOS" ONLY. Only those "autos" you do not own, lease, hire, rent or
"autos" you own that are not of the private , borrow that are used In connection with
`= passenger type (and for Liability Coverage your business. This includes "autos" owned
any "trailers" you don't own while attached by your employees or partners or members
m- to power units you own).This includes those oftheir households but only while used in
"autos" not of the private passenger type your business or your personal affairs.
o= , you acquire ownership of after the policy B. OWNED AUTOS YOU ACQUIRE AFTER THE
begins. POLICY BEGINS
5 = OWNED"AUTOS"SUBJECT TO NO-FAULT. 1. If symbols 1, 2, 3, 4, 5 or 6 are entered next to
Only those "autos" you own that.are requir- a coverage in ITEM TWO of the Declarations,
ed to have No-Fault benefits in the state then you have coverage for "autos" that you
where they are licensed or principally acquire of the type described for the remain-
- garaged. This includes those "autos" you der of the policy period.
acquire ownership of after the policy begins
provided they are required to have No-Fault 2 But, If symbol 7 is entered next to a coverage
benefits in the state where they are licensed in ITEM TWO of the Declarations, an "auto"
or principally garaged. you acquire will be a covered "auto" for that
coverage only if:
CA 00 01 12 93 Copyright, Insurance Services Office, Inc., 1993 Page 1 of 11
. l it
COMMERCIAL AUTO
a. We already coverall "autos"that you own 2. "Mobile equipment" while being carried or
for that coverage or it replaces an"auto" towed by a covered "auto."
you previously owned that had that cover- 3. Any "auto" you do not own while used with
age; and • the permission of its owner as a temporary
b. You tell us within 30 days after you ac- substitute for a covered "auto" you own that is
quire it that you want us to cover it for that out of service because of its:
coverage. a:. Breakdown;
C. CERTAIN, TRAILERS, MOBILE EQUIPMENT b. Repair;
AND TEMPORARY SUBSTITUTE AUTOS
c. Servicing;
If Liability Coverage is provided by this Coverage d. "Loss"; or
Form, the following types of vehicles are also
covered "autos"for Liability Coverage: e. Destruction.
t "Trailers" with a load capacity of 2,000
pounds or less designed primarily for travel
on public roads.
SECTION II—LIABILITY COVERAGE
A. COVERAGE b. Anyone else while using with your permis-
We will pay all sums an"insured" legally must pay sion a covered "auto" you own, hire or
as damages because of "bodily injury" or "pro- borrow except:
petty damage" to which this insurance applies, (1) The owner or anyone else from whom
caused by an "accident" and resulting from the you hire or borrow a covered"auto." .
ownership, maintenance or use of a covered This exception does not apply if the
"auto." covered "auto" is a "trailer" con- '
We will also pay all sums an "insured"legally must netted to a covered "auto" you own.
pay as a "covered pollution cost or expense" to (2) Your employee if the covered "auto"
which this insurance applies, caused by an "acci- is owned by that employee or a mem-
dent" and resulting from the ownership, main- ber of his or her household.
tenance or use of covered "autos." However; we (3) Someone using a covered "auto"
will only pay for the "covered pollution cost or • while he or she is working in a busk
expense" if there is either "bodily injury" or ness of selling, servicing, repairing,
"property damage" to . which this insurance, parking or storing "autos" unless that
applies that is caused by.the same "accident." 'business is yours.
We have the right and duty to defend any (4) Anyone other than your employees,
"insured" against a•"suit" asking for such dam- partners, a lessee or borrower or any
ages. or a "covered pollution cost or expense." of their employees, while moving
However, we 'have no duty to defend any ' property to or from a covered "auto."
"insured" against a "suit" seeking damages for
"bodily injury" or "property damage" or a (5) A partner of yours for a covered
"covered pollution cost or expense" to which this "auto" owned by him or her or a
insurance does not apply. We may investigate member of his or her household.
and settle any claim or "suit" as we consider c. Anyone liable for the conduct of an "in-
appropriate. Our duty to defend or settle ends sured" described above but only to the
when the Liability Coverage Limit of Insurance extent of that liability.
has been exhausted by payment of judgements or 2. COVERAGE EXTENSIONS
settlements. a. Supplementary Payments. In addition to
1. WHO IS AN INSURED the Limit of Insurance, we will pay for the
The following are "insureds": "Insured":
a. You for any covered."auto." (1) All expenses we incur.
•
Page 2 of 11 Copyright, Insurance Services Office, Inc., 1993, 1994 CA 00 01 12 93
: _ k ,
;, .
• COMMERCIAL AUTO
(2) Up to $250 for cost of bail bonds 1. EXPECTED OR INTENDED INJURY
(including bonds for related traffic law "Bodily injury" or "property damage" expect-
- violations) required because of an ed or intended from the standpoint of the
"accident" we cover. We do not have "insured."
to furnish these bonds. 2. CONTRACTUAL
(3) The cost of bonds to release attach- Liability assumed under any contract or
ments in any "suit" we defend, but agreement.
only for bond amounts within our
Limit of Insurance. But this exclusion does not apply to liability
(4) All reasonable expenses incurred by for damages:
the "insured" at our request, includ- a. Assumed In a contract or agreement that
ing actual loss of earning up to$100 a is an "insured, contract" provided the
day because of time off from work. "bodily injury" or "property damage" oc-
(5) All costs taxed against the "insured" curs subsequent to the execution of the
in any"suit" we defend. contract or,agreement; or
(6) All interest on the full amount of any b. That the "insured" would have in the ab-
judgment that accrues after entry of sence of the contract or agreement.
the judgment in any "suit"we defend; 3. WORKERS' COMPENSATION
but our duty to pay interest ends Any obligation for which the "insured" or the
when we have paid, offered to pay or • "insured's" insurer may be held liable under
deposited in court the part of the any workers' compensation, disability bene-
judgment that is within our Limit of fits or unemployment compensation law or
Insurance. any similar law.
b. Out-of-State Coverage Extensions. 4. EMPLOYEE INDEMNIFICATION AND EM-
While a covered "auto" is away from the PLOVER'S LIABILITY
state where it is licensed we will: "Bodily injury"to:
(1) Increase the Limit of Insurance for a. An employee of the "insured" arising out
Liability Coverage to meet the limits of and in the course of employment by
— specified by a compulsory or finan- the "insured"; or
cial responsibility law of the jurisdic-
tion where the covered "auto" is b. The spouse, child, parent, brother or
being used. This extension does not sister of that employee as a-consequence
apply to the limit or limits specified by of paragraph a. above.
any law governing motor carriers of This exclusion applies:
passengers or property. (1) Whether the"insured" may be liable as an
(2) Provide the minimum amounts and employer or in any other capacity; and
types of other coverages, such as no- (2) To any obligation to share damages with
._ `fault, required of out-of-state vehicles or repay someone else who must pay
' by the Jurisdiction where the covered damages because of the Injury.
,_ "auto" is being used.
r But this exclusion does not apply to "bodily
We will not pay anyone more than once for injury" to domestic employees not entitled to
the same elements of loss because of these workers' compensation benefits or to liability
extensions. assumed by the "insured" under an "Insured
B. EXCLUSIONS contract."
' This Insurance does not apply to any of the follow- 5. FELLOW EMPLOYEE
' ing: "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
CA 0001 12 93 Copyright, Insurance Services Office, Inc., 1993 Page 3 of 11
• r1 ` P
, COMMERCIAL AUTO
"Property damage" to or "covered pollution (3) When that part of the work done at a job
cost or expense" involving property owned or site has been put to its intended use by
transported by the "insured" or in the ' any person or organization other than
"insured's" care, custody or control. But this another contractor or subcontractor
exclusion does not apply to liability assumed working on the same project.
under a sidetrack agreement. Work that may need service, maintenance,
7. HANDLING OF PROPERTY correction, repair or replacement, but which
"Bodily injury" or "property damage" result- is otherwise complete, will be treated as corn-
ing from the handling of property: pleted.
a. Before it is moved from the place where It 11• POLLUTION
- is accepted by the "insured" for move- "Bodily injury" or "property damage" arising
ment into or onto the covered "auto"; or out of the actual, alleged or threatened dis-
b. After it is moved from the covered "auto" charge, dispersal, seepage, migration, re-
to the place where It is finally delivered by lease or escape of "pollutants":
the "insured." a. That are, or that are contained in any
B. MOVEMENT OF PROPERTY BY MECHAN- property that is:
ICAL DEVICE (1) Being transported or towed by, hand-
"Bodily injury" or "property damage" result- led, or handled for movement into,
ing from the movement of property by a me- onto or from, the covered "auto";
chanical device (other than a hand truck) (2) Otherwise in the course of transit by
unless the device is attached to the covered the "insured"; or
"auto." (3) Being stored, disposed of, treated or
9. OPERATIONS processed in or upon the covered
"Bodily.injury" or "property damage",arising "auto";
out of the operation of any equipment listed in b. Before the "pollutants" or any property In
paragraphs 6.b. and 6.c. of the definition of which the "pollutants" are contained are
"mobile equipment." moved from the place where they are ac-
10. COMPLETED OPERATIONS cepted by the "insured" for movement
into or onto the covered "auto"; or
"Bodily injury" or "property damage" arising
out of your work after that work has been c. After the "pollutants" or any property In
completed or abandoned. which the "pollutants" .are contained are
moved from the covered "auto" to the
In this exclusion, your work means: place where they are finally delivered, dis-
a. Work or operations performed by you or posed of or abandoned by the "insured."
on your behalf; and Paragraph a. above does not apply to fuels,
b. Materials, parts or equipment furnished in lubricants, fluids, exhaust gases or other
connection with such work or operations. similar "pollutants" that are needed for or
Your work includes warranties or repre- result from the normal electrical, hydraulic or
sentations made at any time with respect to mechanical functioning of the covered "auto"
the fitness, quality, durability or performance or its parts, If:
of any of the items Included In paragraphs a. ' (1) The "pollutants" escape, seep, migrate,
or b. above. or are discharged, dispersed or released
• Your work will be deemed completed at the directly from an "auto" part designed by
earliest of the following times: its manufacturer to hold, store, receive or
dispose of such "pollutants"; and
(1) When all of the work called for in your
' contract has been completed. (2) The"bodily injury," "property damage" or
"covered pollution cost or expense" does
(2) When all of the work to be done at the site not arise out of the operation of any
has been completed if your contract calls equipment,listed in paragraphs 6.b. and
for work at more than one site...
Page 4 of 11 Copyright, Insurance Services Office, Inc., 1993 CA 00 01 12 93
(421:17.10_15:95 F.t% DKS ASSOCIATES 4 JENKINSINS 0010/012
•
Tii
TY OF
CUPEI(TINO .
COMPREHENSIVE GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
ENDORSEMENT OF AGGREGATE LIMITS OF INSURANCE PER
TRANSPORTATION,PARADE,SPECIAL EVENT, OR FOOTRACE
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 A99x3101 described as
Interstate Route 280 @ Wolfe Rd. Interchange Traffic Safety Improvement Project
POLICY INFORMATION
1. Insurance Company: CIGNA Insurance
2. Insurance Policy Number: D33736939
3. Effective Date of this Endorsement: May 1 • 201999
4. Insured: DKS Associates
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.
•
I, Jody Mckinney (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: AA � C'K.`\\'\Q &
j\
(Original signature required on all End,ements tshed o the District)
Names of
Agent/Agency: Jenkins/Athens Ins. • Title:Asst Acct Manager
Address: P.O. Box 5668 Telephone: 925 798-2790
Concord, CA 94524 Facsimile: 925 671-9533
•
Aggregate Limits Endorsement Page 1 of 1
03/27/00 15: 04 1AX- DKS ASSOCIATES + JENKINSINS. 008/012
•
CRY OF
CUPERTINO . 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 •
I. Insurance Company: CIGNA Insurance
2. Insurance Policy Number: D33736939
3. Effective Date of this Endorsement: May .1. Am 1999
•
4. Insured: D%4 Associates
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 Tone Avenue; Cupertino, California 95014. .
•
I, Jody Mckinnev (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: .' • � \1
(Original signature required on all End. •ements 'shed the District)
•
Name of
Agent/Agency: Jenkins/Athens Ins. Title: Asst Acct Manager
Address: P.O. Box 5668 Telephone: 925 798-2780
•
Conrord. CA 94524 Facsimile: 925 671-9533
•
•
•
•
Primary Endorsement Page 1 of 1
03pp;27i00 15:05 FAX — - DKS ASSOCIATES 1 JENKINSINS Z009/012
fa.:4v
CITY OF
CUPERLTINO
I
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: • CIGNA .Insurance
2. Insurance Policy Number: D33736939
3. Effective Date,of this Endorsement: May 1 2B 1999
4. Insured: DRS Associates
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
( I, Jody Mckinney
(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 Endorse nts fu the hed to District)
Names of
Agent/Agency: Jenkins/Athens Ins. Title: Asst Acct Manager
Address: r o sox 5662 Telephone:925 798-2780 '
1
Concord, CA 94524 Facsimile:. 925 671-9533
Additional Insured Endorsement Page 1 of I
03/27/00 1.5_06 FAX DKS ASSOCIATES JENKINSINS 0012/012
�.....
[CITY Of
CUPERTINO
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: CIGNA Insurance
2. Insurance Policy Number: D33736939 •
3. Effective Date of this Endorsement: May 1 261999
4. Insured: DRS Associates
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, Jody Mckinney (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: • tl♦ Cl �(�Q
(Original signature required on all Endorents fu shed to t e District)
Names of
Agent/Agency: Jenkins/Athens Insurance Title: Asst Acct Manage
Address: P.O. Box5668 Telephone: 925 798 2780
Concord, CA 94524 Facsimile: 925 671 9533
Cancellation Endorsement Page 1 of 1
•+ 03/27/04, .15:06 FAX _ DKS ASSOCIATES -. JENKINSINS 2!)011/012
CITY OF
CUPERTINO
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: Indemnity Ins. Co. of ,North America
2. Insurance Policy Number: C42345738
3. Effective Date of this Endorsement: May 1 $11999
4. Insured: DKS Associates
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, Jody Mckinney (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: S. •
(Original signature required on all Endorsen'.e,is fumis' d to the District)
Names of
Agent/Agency: Jenkins/Athens Ins. Title: Asst Acct Manager
Address: P.O. sox 5668 Telephone: 925 798-2780
'Concord, CA 94524 Facsimile: 925 671-9533
Subrogation Endorsement Page 1 of I