14-086 Master Agreement with Traffic Data Service for Turning Movement Count Data Collection ServicesMaster Agreement Consultant Services
SERVICE ORDER
MASTER AGREEMENT PO#: 58437 Service Order No.: 5
Maximum Compensation: $ 50,000.00 Account No.: 100-88-844-700-702
Term: NTP: February 3, 2015 END DATE: March 30, 201,!
Approval by. City Manager ❑ Director ® Date:
City Council ❑ Item Number: Date:
Consultant: Firm Name: Traffic Data Service (TDS)
Address: 1386 White Oaks Rd, Suite 1, Campbell, CA 95008
Contact: Bob Van Boening Phone: (408) 377-2988
PROJECT DESCRIPTION
Project Name: Imfa _xf'c Counts for Various Warrants
❑ Description: Perform volume and speed counts at various locations.
® Attachment A: Location and type of counts requested.
CITY PROJECT MANAGEMENT
Managing Department: Public Works Department Project Manager: Erwin Ching
FISCAL/BUDGET
Master Agreement Maximum Compensation:
Master Agreement Amendment:
Previously Encumbered on MA:
Account No. 110-8601-7014
Account No. 110-8601-7014
Account No. 110-8601-7014
Account No. 110-8601-7014
Total Encumbered to Date
SO #:1
SO #: 2
SO #: 3
SO #: 4
Current unencumbered amount in Master Agreement:
ENCUMBER: Account No. 110-8601-7014 , SO #: 5
Amount: $20,000.00
Total Encumbered to date:
r Master Agreement Balance:
Contract Manager: Date: 1� - I,1 G
$30,000.00
$ 9,150.00
$ 8,780.00
$ 9,890.00
4,350.00
$32,170.00
$32,170.00
$17,830.00
$ 1,150.00
$ 33,320.00
$16,680.00
City of Cupertino Service Order #4
Turning Movement Count Data Collection - Traffic Data Service
(standard form consultant master_ a:>,r'e_ement_S 0 October 2013)
CITY OF CUPERTINO
Master Agreement Consultant Services
SERVICE ORDER
APPROVALS
Consultant: �..�'� �.�•� �� ,- . Date:
Director of Public Works Date74
:r,-? /
Appropriation Certification: I hereby certify that an unexpended appropriation is available
in the above fund for the above contract as estimated and that funds are available as of this
date of signature.
City Finance:(�� f-�/ Date:
�.T
City of Cupertino Service Order #4
Turning Movement Count Data Collection - Traffic Data Service
(standarci form consultant masierzigreemernt-S 0 October 2013)
Service Order #5
Speed or Volume Survey (48-72 Flour Speed and Volume Survey)
Item# Street Boundary U/Cost QTY Cost Comments
1.0
Peninsula Ave
between Stevens Creek Blvd and
Grand Ave $ 150-00
1
$ 150.00
Volume and Speed
2.0
Merritt Ave
between Deodara Dr and Cypress
Dr i $150.00
1
$ 150.00
Volume and Speed
7.0
Merrit Avenue
BIaney Ave. and Randy Lane I $ 150.00
1
$ 150.00
Volume and Speed
3.0
Portal Ave NB
before Wheaton I $ 100.00
1
$ 100.00
Approach counts (Volume Onlv)2-3 Days
4.0
Portal Ave SB
before Wheaton $ 100-00
1
$ 100.00
Approach counts (Volume Only)2-3 Days
5.0
Wheaton WB
before Portal Ave $ 100.00
1
$ 100.00
Approach counts (Volume Only)2-3 Days
6.0
Wheaton EB
before Portal Ave $ 100.00
1
$ 100.00
Approach counts (Volume Only)2-3 Days
7.0
Canlewood Drive
Atherwood Dr/Myrtlewood Dr $ 150.00
1
$ 150.00
Volume and Speed
8.0
Wunderlich Drive
between Penergast Ave and Tuggle
$ 150.00
1
$ 150.00
Volume and Speed
Subtotal Volume & Speed Study
f $ 1,150.00
ff
CITY OF CUPERTINO
Master Agreement Consultant Services
SERVICE ORDER
MASTER AGREEMENT PO#: 58437 Service Order No.: 4
Maximum Compensation: $ 50,000.00
Term: NTP: August 25, 2015
Account No.: 100-85-844-700-702
END DATE: November 15, 2015
Approval by: City Manager ❑ Director ® Date:
City Council ❑ Item Number: Date:
Consultant: Firm Name: Traffic Data Service JDS)
Address: 1386 White Oaks Rd, Suite 1, Campbell, CA 95008
Contact: Bob Van Boening Phone: (408) 377-2988
PROJECT DESCRIPTION
Project Name: Iraffic Counts for Yarious Warrants
® Description: Perform volume and speed counts, turning movement counts,
pedestrian and bicycle volume counts at various locations.
® Attachment A: Location and type of counts requested.
CITY PROJECT MANAGEMENT
Managing Department: Public Works Department 'Project Manager: Erwin Ching
FISCAL/BUDGET
Master Agreement Maximum Compensation:
Master Agreement Amendment:
Previously Encumbered on MA:
Account No. 110-8601-7014 , SO #:1
Account No. 110-8601-7014 , SO #: 2
Account No. 110-8601-7014 , SO #: 3
Total Encumbered to Date
Current unencumbered amount in Master Agreement:
Amount: $20,000.00
ENCUMBER: Account,No. 110-8601-7014 , SO #: 4
Total Encumbered to date:
r Master Agreement Balance:
Contract Manager: Date:
City of Cupertino
Turning Movement Count Data Collection —Traffic Data Service
(standard form consultant master agreement -S 0 October 2013)
$30,000.00
$ 9,150.00
$ 8,780.00
9,890.0
$27,820.00
$22,180.00
$ 4,350-00
$ 32,170.00
$17,830.00
Service Order #4
CITY OF CUPERTINO
Master Agreement Consultant Services
SERVICE ORDER
APPROVALS
Consultant: ``^ Date:
Director of Public Works: Date: 1
Appropriation Certification: I hereby certify that an unexpended appropriation is available
in the above fund for the above contract as estimated and that funds are available as of this
date of signature.
City Finance: Date:
3/f.
City of Cupertino Service Order #4
Tun ling Movement Count Data Collection — Traffic Data Service
(standard form consultant master agreement -S 0, October 2013)
Attachment "A" - Service Order #4
Traffic Signal Warrant [2nd stage collection )
Item# Street Intersection Unit Cost QTY Cost Comments
2nd Stage Collection
Phil Lane
Tantau
Atherwood
Miller Road
$ 125.00
4
$ 500.00
TMC - 7-9AM; 4:30-6:30PM (Re -do, Cupertino High School
1.0
$ 380.00
1
$ 380.00
10356/10370 Portal & Amherst Drive and Wheaton -
1.0
on Summer Break)
2.0
Rodrigues
Blaney Ave
$ 125.00
4
$ 500.00
TMC - 7-9AM; 4:30-6:30PM (OK, Hone 6/9/15)
$ 180.00
1
$ 180.00
For Road Diet Study (NB/SB S of McClellan at the
2.0
24 hour Bicycle and Pedestrian Count on a typical weekday
3.0
Stelling Avenue
McClellan Road
$ 360.00
2
$ 720.00
and typical Saturday NB Stelling - RUSH
Bubb and Yorkshire
For Speed Radar Feeback Sign (between Bubb and
3.0
TMC - AM and PM time to be done after the volume counts
4.0
Stelling Avenue
McClellan Road 1
$ 125.00
4
$ 500.00 jare
received.
Subtotal TS Warrant $ 2,220.00
Speed or Volume Survey (48-72 Hour Speed and Volume Survey)
Item# Street Boundary U/Cost QTY Cost Comments
Subtotal Speed Study $ 1,150.00
IRWL Counts (12 Hour bike and ped count plus Volume and Speed at 2 approaches)
Intersection Notes U/Cost QTY Cost Comments
1.0
Phil Lane
Tantau
Speed survey - 2 locations (between Merrit Dr/Amherst Dr -
Portal Ave
S of Merrit Drive
$ 380.00
1
$ 380.00
10356/10370 Portal & Amherst Drive and Wheaton -
1.0
Stelling Road
Huntridge
$ 150.00
2
$ 300.00
10226/10212 Portal)
$ 180.00
1
$ 180.00
For Road Diet Study (NB/SB S of McClellan at the
2.0
Stelling Road
McClellan Road
$ 100.00
4
$ 400.00
intersection volume only) - RUSH
Rainbow
Bubb and Yorkshire
For Speed Radar Feeback Sign (between Bubb and
3.0
$ 150.00
1
$ 150.00
Yorkshire, Approx at 8005/7995 Rainbow)
Barbara Lane
S of Scofield Dr
Speed survey- 1 location (between 10166 & 10180 Barbara
1.0
$ 150.00
1
$ 150.00
Ln
Scofield Dr
E of Barbara Lane & W of
2.0
Bonny Dr
$ 150.00
1
$ 150.00
Speed survey - 1 location (between Barbara Ln &Bonny Dr)
Subtotal Speed Study $ 1,150.00
IRWL Counts (12 Hour bike and ped count plus Volume and Speed at 2 approaches)
Intersection Notes U/Cost QTY Cost Comments
1.0
Phil Lane
Tantau
1- day 12 hour bike and ped counts at crosswalk (7am -
$ 380.00
1
$ 380.00
7pm) plus Volume at 2 approaches
2.0
Stelling Road
Huntridge
1- day 12 hour bike and ped counts at crosswalk (7am -
$ 180.00
1
$ 180.00
7pm) on Stelling
Subtotal IRWL Warrant Study $ 560.00
Page 1 of 2
24 Hoerr Bicycle and Pedestrian Count
Item# Street Intersection Unit Cost QTY Cost Comments
Subtotal Bike and Ped Count
Total Estimated Cost for S.O. #4
Credit from Service Order#2
Total Service Order#4
$ 720.00
$ 4,650.00
$ (300.00)
$ 4,350.00
Page 2 of 2
24 hour Bicycle and Pedestrian Count on a typical weekday
1.0
MaryAvenue
at Don Burnett Pedestrian Br
$ 15.00
48
$ 720.00
and typical Saturday at the bridge or bridge entrance
Subtotal Bike and Ped Count
Total Estimated Cost for S.O. #4
Credit from Service Order#2
Total Service Order#4
$ 720.00
$ 4,650.00
$ (300.00)
$ 4,350.00
Page 2 of 2
OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366
WEBSITE: www.cupertino.org
CUPERTINO
June 23, 2015
Traffic Data Service (TDS)
Attention: Bob Van Boening
1386 White Oaks Rd, Suite 1
Campbell, CA 95008
Re: Service Order 3 to agreement for contract services.
Enclosed for your records is a fully executed original copy of the agreement with the City
of Cupertino. If you have any questions, please contact the Public Works Department at
(408) 777-3354.
Sincerely,
Andrea Sanders
Senior Office Assistant
City Clerk's Office
Enclosure
cc: Public Works
CITY OF CUPERTINO
Master Agreement Consultant Services
SERVICE ORDER
MASTER AGREEMENT PO#: 58437 Service Order No.: 3
Maximum Compensation: $ 50,000.00 Account No.: 100-88-844-700-702
Term: NTP: April 6, 2015 END DATE: May 15, 2015
Approval by: City Manager ❑ Director Date:
City Council ❑ Item Number: Date:
Consultant: Firm Name: Traffic Data Service (TDS)
Address: 1386 White Oaks Rd, Suite 1, Campbell, CA 95008
Contact: Bob Van Boening Phone: (408) 377-2988
PROJECT DESCRIPTION
Project Name:.. Traffic Counts for Various Warrants
® Description: Perform volume and speed counts, turning movement counts,
pedestrian and bicycle volume counts at various locations.
❑ Attachment A:
CITY PROJECT MANAGEMENT
Managing Department: Public Works Department Project Manager: Erwin Ching
FISCAL/BUDGET
Master Agreement Maximum Compensation: Amount: $20,000.00
Master Agreement Amendment: $30,000.00
Previously Encumbered on MA:
Account No. 110-8601-7014 , SO #: 1 $ 9,150.00
Account No. 110-8601-7014 , SO #: 2 8,780.00
Total Encumbered to Date $17,930.00
Current unencumbered amount in Master Agreement: $32,070.00
ENCUMBER: Account No. 110-8601-7014 , SO #: 3 $ 9,890.00
Total Encumbered to date: $ 27,820.00
4/—Date: Master Agreement Balance: $22,180.00
SContract Manager: U
City of Cupertino Service Order #3
Turning Movement Count Data Collection — Traffic Data Service
(standard form consultant master agreement -S 0 October 2013)
CITY OF CUPERTINO
Master Agreement Consultant Services
SERVICE ORDER
APPROVALS
Consultant: f2a ^ 6S . �. ,�2 Date: D12911,
Director of Public Works: Date: S
Appropriation Certification: I hereby certify that an unexpended appropriation is available
in the above fund for the above contract as estimated and that funds are available as of this
date of signature.
City Finance: Date:
City of Cupertino Service Order #3
Turning Movement Count Data Collection — Traffic Data Service
(standard form consultant master agreement -S 0 October 201 3)
JT BETWEEN THE CITY OF
CUPERTINO AND TRAFFIC DATA SERVICE FOR TURNING MOVEMENT COUNT
DATA COLLECTION SERVICES
This First Amendment to the Agreement between the City of Cupertino and Traffic Data
Service, for reference dated May 20, 2014., is by and between the CITY OF CUPERTINO, a
municipal corporation (hereinafter "City") and TRAFFIC DATA SERVICE, a California , sole
proprietor ("Consultant") whose address is 1386 White Oaks Road, Suite 1, Campbell, CA
95008 (hereinafter referred to as "Consultant"), and is made with reference to the following:
RECITALS:
A. On May 20, 2014, an agreement was entered into by and between City and
Consultant (hereinafter "Agreement") for Turning Movement Count Data Collection
Services.
B. City and Consultant desire to modify the Agreement on the terms and. conditions
set forth herein.
NOW, THEREFORE, it is mutually agreed by and between and undersigned parties as
follows:
1. Paragraph 4 of the Agreement is modified to read as follows:
The maximum compensation to be paid to Consultant under this Agreement shall not
exceed fifty thousand dollars ($50,000), consisting of twenty thousand dollars ($20,000) under
the original agreement, and thirty thousand dollars ($30,000.00) under the amendment to the
Agreement. The rate of payment is set out in Exhibit C, titled "Amended Compensation", which
is attached hereto and incorporated herein. No payment shall be made under this agreement
unless authorized by a fully executed Service Order, Exhibit B. The sum of all Service Orders
authorized shall not exceed the maximum compensation for this Agreement as defined above.
2. Except as expressly modified herein, all other terms and covenants set forth in the
Agreement shall remain the same and shall be in full force and effect.
(Signatures on the next page)
IN WITNESS WHEREOF, the parties hereto have caused this modification of
Agreement to be executed.
CONSULTANT
Traffic Data Service
BV&��%,,�9��.
Title Mon Q '
tC
Date u/i6 A5 -
CITY OF CUPERTINO
A Municipal Corporation
By:
Timm Borden, Director of Public Works
RECOMMENDED FOR APPROVAL:
By��
David Stillman, Senior Engineer
a7aORM:
Carol Korade, City Aitorney
ATTEST:
t
Grace Schmidt, City Clerk2 f
Total Amount: $50,000.00
Amendment Amount: $30,000.00
Account No.: BY SERVICE ORDERS
OFFICE OF THE CITY CLERIC
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366
WEBSITE: www.cupertino.org
CUPERTINO
December 1, 2014
Traffic Data Service (TDS)
Attention: Bob Van Boening
1386 White Oaks Road, Suite 1
Campbell, CA 95008
Re: Service Order #2 to agreement for Consultant Services.
Enclosed for your records is a fully executed original copy of the agreement with the City
of Cupertino. If you have any questions, please contact the Public Works Department at
(408) 777-3354.
Sincerely,
Andrea Sanders
Senior Office Assistant
City Clerk's Office
Enclosure
cc: Public Works
CITY OF CUPERTINO
Master Agreement Consultant Services
SERVICE ORDER
MASTER AGREEMENT PO#: 58437
Maximum Compensation: $ 20,000.00
Term: NTP: November 3, 2014
Service Order No.: 2
Account No.: 110-8601-7014
END DATE: November 30, 2014
Approval by: City Manager ❑ Director ® Date:
City Council ❑ Item Number: Date:
Consultant. Firm Name: Traffic Data Service (TDS) ✓
Address: 1386 White Oaks Rd, Suite 1, Campbell, CA 95008
Contact: Bob Van Boening Phone: (408) 377-2988
PROJECT DESCRIPTION
Project Name: Traffic Counts for Various Warrants
® Description: Perform volume and speed counts, turning movement counts,
pedestrian and bicycle volume counts at various locations.
❑ Attachment A:
CITY PROJECT MANAGEMENT
Managing Department: Public Works Department Project Manager: Erwin Ching
FISCAL/BUDGET
Master Agreement Maximum Compensation: Amount: $20,000.00
Previously Encumbered on MA: $ 0.00
Current unencumbered amount in Master Agreement: $20,000.00_
ENCUMBER: Account No. 11078601-7014 , SO #: 1 $ 9,150.00
ENCUMBER: Account No. 110-8601-7014 , SO #: 2 $ 8,780.00 v/
Total to date: $17,930.00
Master Agreement Balance: $ 2,070.00
Contract Manager•. Date:
City of Cupertino Service Order #2
Turning Movement Count Data Collection — Traffic Data Service
(standard form consultant master agreement -S 0 October ?013)
CITY OF CUPERTINO
Master Agreement Consultant Services
SERVICE ORDER
APPROVALS
Consultant: -F, V_., ` j flo--,n Date: 2ZI�t
l(
Director of Public Works Date: 2--(
l y
Appropriation Certification: I hereby certify that an unexpended appropriation is available
in the above fund for the above contract as estimated and that funds are available as of this
date of signature.
City Finance: 1 Date:
City of Cupertino Service Order #2
Turning Movement Count Data Collection — Traffic Data Service
(standard form, consultant master agrc cram. -S 0 October 2013)
Traffic Data Service
1386 White Oaks Rd., Ste. 1
Campbell, Ca 95008
(408) 377-2988
(408) 377-2998 fax
Bill To
City of Cupertino
Public Works Dept.
Attn: Erwin Ching
10300 Torre Ave
Cupertino, Ca 95014-3255
Invoice
Date Invoice #
11/19/2014 14175
P.O. No.
Terms
Project
58437
Net 30
Service Order 2
Quantity
Description
Rate
Amount
1
Data Collection per Service Order 2
8,780.00
8,780.00
Total $8,780.00
Service Order #2
Crossing Guard Warrant (Turning Movement Counts)
Item# Street Intersection U/Cost QTY Cost
Subtotal $ 500.00
Volume and Speed Counts (72 Hour Counts)
Item# Street Boundary U/Cost QTY Cost
1.0
Randy Lane
Yorkshire Drive (8-9 AM Except Wed.,
$ 150.00
1
$ 150.00
1.0
Folkstone Drive
8:15AM-9:15AM on Wednesday; 2-313M)
$ 125.00
2
$ 250.00
3.0
Kentwood Ave
Bubb Road (7:40am - 8:40am except on Wed.
$ 150.00
1
$ 150.00
2.0
Rosario Avenue
8:40am to 9:40am; 2:25-3:25PM)
$ 125.00
2
$ 250.00
Subtotal $ 500.00
Volume and Speed Counts (72 Hour Counts)
Item# Street Boundary U/Cost QTY Cost
1.0
Randy Lane
Lucille Ave and Merritt Dr
$ 150.00
1
$ 150.00
2.0
E. Estates Drive
Bollinger Road and Clifford
$ 150.00
2
$ 300.00
3.0
Kentwood Ave
S. of Rollingdell and S. of Steeplechase Ln
$ 150.00
1
$ 150.00
4.0
Larry Way
Lucille Ave and Merritt Dr
$ 150.00
1
$ 150.00
5.0
Merrit Avenue
Portal Ave. and Randy Lane
$ 150.00
1
$ 150.00
6.0
La Mar Drive
S. Blaney and E Estates Dr
$ 150.00
1
$ 150.00
7.0
Alderbrook Lane
Bollinger and Atherwood Ln
$ 150.00
1
$ 150.00
8.0
Vicksburg drive
Miller Rd and E. Estates
$ 150.00
1
$ 150.00
9.0
Alves Drive
N. Stelling and Saich Way
$ 150.00
2
$ 300.00
10.0
Plum Tree Lane
Merritt Ave and Forest Ave
$ 150.00
1
$ 150.00
11.0
McClellan Road
Club House Lane and Foothill Blvd
$ 150.00
2
$ 300.00
12.0
Linda Vista Road
Baxley Court and Columbus Ave
$ 150.00
1
$ 150.00
Subtotal $ 2,250.00
Stop Sign Warrant Counts
Item# Intersection Notes U/Cost QTY Cost
4 way stop sign at Green
3 - day counts (vehicle - volume on Flora Vista
1.0
Leaf Dr and Flora Vista Ave
Ave and volume on Green Leaf Drive, east of
(Garden Gate Elem)
Flora Vista Ave)
$ 100.00
3
$ 300.00
3 - day counts (vehicle - volume and speed on
Green Leaf Drive, west of Flora Vista Ave)
$ 150.00
2
$ 300.00
3 - day counts (vehicle - volume on Saich Way,
3 way stop sign at Alves
2.0
south of Alves Dr and no count on the Private
Drive and Saich Way
Driveway)
$ 100.00
1
$ 100.00
3 - day counts (vehicle - volume on Alves east
of Saich Way)
$ 100.00
1
$ 100.00
3 way stop sign at McClellan
3 - day counts (vehicle - volume on Byrne Ave
3.0
Road and Byrne Ave (Lincoln
and McClellan Road, east and west of Byrne
$ 100.00
3
$ 300.00
Stop sign on Bahl Street at
3 - day counts (vehicle - volume on Bahl Street
4.0
Vista Knoll BlvdStevens
(
and Vista Knoll Blvd north of Bahl Street)
$ 100.00
2
$ 200.00
IRWL Counts
Subtotal $ 3,150.00
Intersection Notes U/Cost QTY Cost
X -walk on Rainbow, west of
3 - day counts (vehicle - volume and speed on
1.0
Poppy Way
Vista Knoll Blvd, south of Bahl Street)
$ 150.00
1
$ 150.00
Stop sign on Hibiscus Drive
3 - day counts (vehicle - volume on Hibiscus
5.0
at Barranca Drive
Drive and Barranca Drive south of Hibiscus
�
$ 100.00
2
$ 200.00
X -walk on McClellan Road,
3 - day counts (vehicle - volume and speed on
2.0
Barranca Drive, north of Hibiscus Drive)
$ 150.00
1
$ 150.00
Stop Sign on Ann Arbor
3 - day counts (vehicle - volume on Ann Arbor
$ 180.00
1
$ 180.00
6.0
Avenue and Hazelbrook
Ave, south of Hazelbrook Drive and on Hazel
Drive
brook Dr)
$ 100.00
2
$ 200.00
X -walk on McClellan Road,
3 - day counts (vehicle - volume and speed on
3.0
west of Kim Street
Ann Arbor Ave., north of Hazelbrook Drive)
$ 180.00
1
$ 180.00
Vehicle volume/speed at approach on
$ 150.00
1
$ 150.00
Multi Stop sign on Apple
3 - day counts (vehicle - volume on Apple Tree
$ 150.00
2
$ 300.00
7.0
Tree Lane and Plum Tree
Lane and Plum Tree Lane north of Apple Tree
4.0
Lane (Lawson Middle)
Ln)
$ 100.00
1
$ 100.00
Blvd, east of Imperial Ave
3 - day counts (vehicle - volume and speed on
Plum Tree Ln south of Apple Tree Ln)
$ 180.00
1
$ 180.00
Vehicle volume/speed at approach on Stevens
$ 150.00
2
$ 300.00
Stop Sign on Stelling Road at
3 - day counts (vehicle - volume on Stelling
$ 150.00
2
$ 300.00
8.0
Huntridge Lane
Road and Huntridge lane)
$ 100.00
3
$ 300.00
Stop Sign on Stelling Road at
3 - day counts (vehicle - volume on Stelling
9.0
Orion Lane
Road and Orion Lane)
$ 100.00
3
$ 300.00
IRWL Counts
Subtotal $ 3,150.00
Intersection Notes U/Cost QTY Cost
X -walk on Rainbow, west of
1- day 12 hour bike and ped counts at
1.0
Poppy Way
intersection (7:30am - 7:30pm)
$ 180.00
1
$ 180.00
Vehicle volume/speed at approach on
Rainbow
$ 150.00
2
$ 300.00
X -walk on McClellan Road,
2.0
1 -day 12 hour bike and ped counts at
west of Rose Blossom Rd
intersection (lam - 7pm)
$ 180.00
1
$ 180.00
Vehicle volume and speed at approach on
McClellan Road
$ 150.00
2
$ 300.00
X -walk on McClellan Road,
1- day 12 hour bike and ped counts at
3.0
west of Kim Street
intersection (7am - 7pm)
$ 180.00
1
$ 180.00
Vehicle volume/speed at approach on
McClellan Road
$ 150.00
2
$ 300.00
X -walk at Stevens Creek
4.0
1- day 12 hour bike and ped counts at
Blvd, east of Imperial Ave
intersection (7am - 7pm)
$ 180.00
1
$ 180.00
Vehicle volume/speed at approach on Stevens
Creek Blvd.
$ 150.00
2
$ 300.00
Mid -block X -walk at Torre
1 -day 12 hour bike and ped counts at
5.0
Avenue across from Library
intersection (7am-7pm)
and City Hall
$ 180.00
1
$ 180.00
Subtotal $ 2,880.00
Total Service Order #2 $ 8,780.00
Vehicle volume and speed at approach on
Torre Ave
$ 150.00
2
$ 300.00
X -walk on McClellan Road,
1 -day 12 hour bike and ped counts at
6.0
in front of the CVS Driveway
intersection (8am - 8pm)
at De Anza Blvd
$ 180.00
1
$ 180.00
Vehicle speed/volume through the crossing at
McClellan
$ 150.00
2
$ 300.00
Subtotal $ 2,880.00
Total Service Order #2 $ 8,780.00
OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408)'777-3223 • FAX: (408) 777-3366
WEBSITE: www.cupi;rtino.org
CUPERTINO
June 11, 2014
Traffic Data Service (TDS)
Attention: Bob Van Boening
1386 White Oaks Rd. Suite 1
Campbell, CA 95008
Re: Service Order 1 for Traffic Counts at 15 Crossing Guard Stations.
Enclosed for your records is a fully executed original copy of the agreement with the City
of Cupertino. If you have any questions, please contact the Public Works Department at
(408) 777-3354.
Sincerely,
Andrea Sanders
Senior Office Assistant
City Clerk's Office
Enclosure
cc: Public Works
CITE[ OF CU:FERTINO
Master Agreement Consultant Services
SERVICE ORDER -0
MASTER AGREEMENT PO#: 58437
Maximum Compensation: $ 20,000.00
Term: NTP: June 9, 2014
Service Order No.: 1
Account No.: 110-8601-7014
END DATE: June 20, 2014
Approval by: City Manager ❑ Director ® Date:
City Council ❑ Item Number: Date:
Consultant: Firm Name: Traffic Data SE-rvice (TDS)
Address: 1386 White Oaks Rd, Suite 1, Campbell, CA 95008
Contact: Bob Van Boening Phone: (408) 377-2988
PROJECT DESCRIPTION
Project Name: Traffic Counts at 15 Crossing Guard Locations
® Description: Perform 1 hour turning movement counts, 1 hour pedestrian counts,
and 48-hour pneumatic hose count for volume and speed at 15 crossing guard locations.
❑ Attachment A: Includes Description of Project, Scope of Services, Schedule of
Performance and Compensation
CITY PROJECT MANAGEMENT
Managing Department: Public Works Department Project Manager: Erwin Ching
FISCALIBUDGET
Master Agreement Maximum Compensation:
Previously Encumbered on MA:
Current unencumbered amount in Master Agreement:
ENCUMBER: Account No. 110-8601-7014 , SO #: 1
ENCUMBER: Account No. , SO #:
Total to date:
Amount: $20,000.00
$ 0.00
$20,000.00
$ 9 00 6
$ 171
$ 9,150.00
I
Master Agreement Balance: $ 10,850.00
Contract Manager: L� `' Date: -
City of Cupertino Service Order #1
Turning Movement Count Data Collection - Traffic Data Service
t.
CITY OF CUPER'TINO
Master Agreement Consultant Services
SERVICE ORDER
APPROVALS
Consultant: ' V, -Re- v\ _'� _ Date:_
Director of Public Works: !/�'� Date: k,l b /
Appropriation Certification: I hereby certify that an unexpended appropriation is available
in the above fund for the above contract as esthnated and that funds are available as of this
date of signature.
City Finance: _ Date:
City of Cupertino Service Order 91
Turning Movement Count Data Collection - Traffic Data Service
{standa.rci for[n conquIt_ant_maer_ greeunenj--S_C7 October 201:3;
Traffic Data Service
1386 White Oaks Rd., Ste. 1
Campbell, Ca 95008
(408) 377-2988
(408) 377-2998 fax
Name / Address
City of Cupertino
Public Works Dept.
Attn: Erwin Ching
10300 Torre Ave
Cupertino, Ca 95014-3255
Date
Estimate #
5/3/2014
1459
Project
Crossing Gurad Study
Description
Qty
Rate
Total
1 -Hour Intersection Turning Movement Count
48 -Hour Machine Traffic Volume Count
48 -Hour Machine Traffic Speed Count
30
39
10
125.00
100.00
150.00
3,750.00
3,900.00
1,500.00
ToW $9,150.00
OFFICE OF THE CITY CLERK
CITY MALL
10300 TORRE AVENUE CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366
WEBSITE: www.cupertino.org
CUPERTINO
May 29, 2014
Traffic Data Service
1386 White Oaks Road, Suite 1
Campbell,,CA 95008
Re: Agreementfor consultant services.
Enclosed `for your records'is a fully executed original copy,of the agreement with the City
of Cupertino. ff-you have,°anyquestions, please contact the Public Works Department at
(408) 777-3354.
Sincerely,
Andrea Sanders
Senior Office Assistant
City Clerk's Office
Enclosure
cc: Public Works
MASTER AGREEMENT BETWEEN THE CITY OF CUPERTINO AND
TRAFFIC DATA SERVICE FOR TURNING MOVEMENT COUNT DATA
ELECTION SERVICES /�
V�,
.MASTER AGREEMENT, for reference dated AA i I oV 2014, is by and between.CITY
OF CUPERTINO, a municipal corporation (hereinafter referred to as "City."), and,
Traffic.Data Service, a sole -proprietor, whose address is'1386 WhiteDaks Road, Suite 1,
Campbell, CA-95008'.(hereinafter referred' to as "Consultant"), and is,made with reference to the
following:
RECTT,kLS:
A. City is a.municipal corporation duly organized and validly existing under the
laws*of the State of California!with the power,to carryon its business�as it is now being
conducted.,under the Constitution and'.the.statutes of'the State of California and the Cupertino
Municipal Code.
B. Consultant is specially trained, experienced. and competent to perform the
special services which wiffbe required by this Agreeanent; and
C. Consultant possesses=the;skill,.experience, ability, background, certification and
knowledge to,provide the services described in this Agreement on the terms and conditions
described herein.
D. City;and Consultant desire to enter into an.agreement for'Turning,Movement
Count Data Collection Services upon the terms and conditions herein.
NOW, THEREFORE, it is: mutually agreed by and between the undersigned parties as
follows:
TERM:
The term of`this.Agreement shall commence on the. date this.agreemeiit is executed, and
shall terminate on April 21, 2015 unless terminated. earlier as set forth herein.
2. SCOPE OF SERVICES
Consultant_ shall provide services under this Master Agreement on an "as needed" basis
and as set forth in, Exhibit A, Scope of Services; and as specifically defined in{a,fully executed
Service Order as set forth in Exhibit B. Service Order Process; both Exhibits which are, attached
hereto�and incorporated herein by this reference. The City has sole discretiohAoo-authorize any
Service Order and has no obligation to do.so under this Master Agreement.
City of Cupertino
TurningMovement Count Data Collection Page'1 of 11
3. SCHEDULE OF'PERFORMANCE::
All Consultant -services under this Master Agreement shall be�completed on or before
the end of 'the Master Agreement Term..Each authorized Service Order shall include its own
defined Schedule of Performance. In no case shall any5ervice Order's schedule of performance.
extend.beyond the Master Agreement Term.
4. 'CONSULTANT COMPENSATION:.
The maximum compensation fo ,be: paid 'to Consultant under this Master Agreement
shall not exceed Twenty Thousand Dollars ($ 20,000.00). The. rate of payment. is set out ii -I
Exhibit C, titled "Compensation", which is ,attached' hereto and incorporated herein. No
payment shall be made under this agreement unless authorized by a fully executed Service
.Order, Exhibit B. The sum of all Service Orders authorized shall not exceed the maximum.
compensatiomfor this Master Agreement,as defined above.
5. METHOD OF'PAYMENT:
The;method of payment for services performed under -this agreement is°set out in
Exhibit C, titled "Method of 'Payment", which is attached hereto and"incorporated herein,
Consultant shall furnish ho City a detailed statement'of.the work performed for compensation
during the term.of this Agreement. Consultant inay submit monthly invoices for interim
progress payments, during the course of each aui:horized Service -Order, clearly stating; the`totaI
Contract amount, amount paid to date, the work performed and percent complete and amount
due.
All.requests-for payment from Consultant to City shall be addressed to'the City to:
Attention: Erwin Ching, Assodiaita Civil Engineer
City of'Cupertino
1.0300 Torre Ave.
Cupertino. CA 95014
6.. TIMEJS OF THE ESSENCE:
Consultant and City agree that time is of ".he essence regarding the performance_ of this
Agreement.
7. STANDARD OF CARE:
Consultant agrees to perform all services hereunder in a manner commensurate
with the practice of a -professional that sp'ecializes:in performing professional services of a like
City of Cupertino
Turning Movement Count Data Collection P.agc'2 of 11'
nature and complexity, and agrees that all service> shall be- performed by similarly qualified
and experienced personnel who are not employed. by the City nor have:any contractual
relationship with City.
8. INDEPENDENT PARTIES:
City and Consultant intend that the.relationship between them created bythis
Agreement is that of<employer-independent contractor. The manner and means of conducting
the -.work are under the control,of Consultant; except to the extent they are limited'by�statute,
mile or regulation and the express terms of this Agreement. No civil service.status or other right
of employment will be acquired by virtue of Consultant's services. None of the benefits
provided by City to its employees, including, but riot limited to,.unemployment insurance,
workers' compensation plans, vacation and:sick.leave are available from City to Consultant, its
employees or agents. Deductions shall not be -made for any state. or federal taxes FICA
payments, PERS payments, or other purposes normally associated with an employer-employee
relationship from any -fees due,Consultant. Payments of,the above items,. if required, are the
responsibility of: Consultant.
9. IMMIGRATION REFORM AND CONTROL ACT ARCA-.
Consultant assumes any and all responsibility for verifying the identity and
employment:authorization of1call-of his/her employees performing work hereunder, pursuant to
all applicable IRC:A. or other federal, orrstate-rules and regulations. Consultant shall indemnify
and hold City harmless from and against any loss,: damage, liability, costs,or expenses arising
from any noncompliance of this. provision by Consultant.
10. NON-DISCRIMINATION:
Consistent with City's policy that harassment and discrimination are unacceptable
employer/employee conduct, Consultant agrees that harassment or discrimination directed
toward a job applicant, a.City'employee, or a citizen..by Consultant or Consultant's employee or
subcontractor on the. basis of race, religious creed, color, national origin, ancestry, handicap,
disability, marital;status, pregnancy, sex; age, or'sexual orientation will not be tolerated.
Consultant_agrees that any and all violations, of. this provision shall constitute•amaterialbreach
of this Agreement.
11. PROJECT COORDINATION
CITY: The Director of Public Works, or designated -agent, sha:ll.be representative. of City
for all purposes under this Agreement., Erwin Chung is hereby designated as,the Director of
Public Works' agent and shall supervise the progressand execution of this., Agreement.
City of Cupertino
Turning Movement Count Data Collection Page 3 of 11
CONSULTANT: Consultant shall assign a single Consultant Project Executive to have
overall responsibility for the progress and execution of this Agreement fore the Consultant. If,
subsequent to the execution of the Agreement, circumstances or conditions require a,substitute
Consultant Project Executive for any reason, the proposed replacement Consultant Project
Manager shall be subject to the prior written. acceptance, and approval of the.City Director of
Public Works or the above named designated. agent.. The designated Consultant Project
Executive:for-the .Agreemerit".term:shall be,Bob Van Boening.
12. HOLD HARMLESS:
Consultant' shall, to the, fullest extenrallowed by law, with respect.to altservices
performed in connectionwith:the. Agreement,.. indemnify, defend, and hold harmless -,the City
and its officers, officials,, agents, employees and volunteers from,and against any and all
liability, claims, actions, causes of action or demands whatsoever against any of them, including
an injury to or death of any person or damage to property or other liability of any nature,
Whether physical, emotional, consequential or otherwise, -arising out, pertaining to, or related'to
the performanceW this Agreement by Consultant or Consultant's employees, officers, officials,
agents or independent;contractors. Such costs and "expenses',shall .include reasonable: attorneys'
fees of counsel of City's°choice, expert fees'and all other. costs and.fees of litigation..
13. INSURANCE:
On or before thecommencement of the term of this Agreement, Consultannt shall furnish
City -with certificates -showing the type, amount, class of operations covered, effective dates�and
dates of expiration of insurance coverage in.compliance'with paragraphs 12A,.B, C, D and;E.
Such, certificates, which do not Iimit Consultant's vademnification, shall also, contain
substantially the -following statement: "Should :any of the�above insurance covered by this
certificate,be:canceled or. coverage "reduced before. the -expiration date thereof, the insurer
affording coverage shall provide thirty (30),days' a dvance. written -notice to the City of
Cupertino by certified,mail, Attention: City Manager_" Itis agreed that Consultant shall
maintain in force at all times during the performance of this .Agreement all appropriate
coverage of insurance required,by this Agreement with an insurance. company thatis acceptable
to City and licensed to do insurance business•in,the,State of California. Endorsements naming
the City as additional insured shall be submitted with.the:insurance certificates.
A. COVERAGE:
Consultant shall maintain.the.following.insu_rance coverage:
(1) Workers' Cam enation:
Statutory coverage as required by the State of California.
(2) Liability:
Commercial general liabilitycoverage in the following -minimum limits:
Bodily Injury: $500,000
each occurrence
City of Cupertino
Tu"rning,Movement:Count Data Collection Page 4 of 11
$1,000,000
aggregate -all other
Property`Damage: $100,000 each,occurrence
$250,000 aggregate
If submitted, combined single limit policy with aggregate limits in the
amounts=of $1,000,000 willbe considered equivalent to the :required
minimum limits shown above.
Q Automotive:
Comprehensive automotive liability coverage in the following minimum
limits:
Bodily Injury: $500,000 each occurrence
Property Damage: $1001.000 each occurrence
or
Combined Single'Limit: $500,000 each occurrence
B. SUBROGATION WAIVER:
Consultant agrees Ithat in the; event of loss -due to any of the perils for which he/she has
agreed to provide comprehensive general and automotive liability insurance, Consultant shall
look solely to his/her insurance for recovery. Consultant hereby grants'to City, on behalf;of any
insurer providing comprehensive general and automotive .liability 'insurance to, either
Consultant or City, with respect,to. the services,of Consultant herein, a waiver of any right to
subrogation which any such insurer of said Consultant may'acquire against,City by virtue of
the -payment of any loss under�such.insurance.
Cr FAILURE TO SECURE:
If Consultant: at any time,during the term hereof should fail to, secure ,or maintain,the
foregoing insurance, City shall be permitted to obtain,such insurance.in the Consultant's, name
or. as an agent of the Consultant and shall be compensated;by the Consultant for the costs of the
insurance premiums, at the maximum,rate permitted by law and:computed from the date
written notice is received that the premiums have not_been paid.
D. ADDITIONAL INSURED:
City,. its City Council, boards and commissions,. officers, employees and volunteers- shall
be named as!an additional insured under all`insurance coverages, except any professional
liability insurance, required by this Agreement. T to naming of'anadditional insured:shaIl not
'affect any recovery to which such additional insured would be entitled under -this policy if not
named as such additionalinsured. An,additional insured named herein shall not be held liable
for any premium, deductible portion of `any loss, or expense of -any nature .on this policy or, any
extension thereof. Any otherinsurance held by an additional insured shall not,be,requiied to
contribute.anything toward any loss or expense covered.by°the insurance provided by this
policy.
E. SUFFICIENCY OF INSURANCE:
City of Cupertino
Turning Movement Count'Daita Collection Page -5 of;11
The insurance. limits required by City are not represented as being sufficient,.to protect
Consultant. Consultant is advised to confer with Consultant'sinsurance broker to determine
adequaWcoverage,for. Consultant.
14. CONFLICT OF INTEREST:
Consultant warrants -that it is tot:a conflict of interest for -Consultant to perform 'the.
services required by this Agreement. Consultant, may be required to. fill out a conflict of interest
form or Statement of. Economic.Interest+(Farm 700) if the services, provided under -this
Agreement_ require -Consultant to make certaintgovernmental decisions or serve ima staff
capacity -as defined in Title Z. Division 6, Section.1113700,.et'seq. of the California Code of
Regulations.
15. PROHIBITION AGAINST TRANSFERS:
ConsuItant.shall not assign, sublease, hypothecate, or transfer this Agreement,.or any
interest therein, directly°or indirectly, by operation, of law or otherwise, without prior written
consent of City. Any attempt to do so without.said consent shall be null and void, and,any
assignee, sublessee, hypothecate or transferee shall acquire:no right or interest by reason'of such
attempted assignment, hypothecation or transfer. However, claims for money by Consultant
from City under this Agreement may be assigned to a bank, irust'companyor other financial
institution without prior written consent. Written.:noticeof such assignment shall be promptly
furnishes( to City by Consultant.
The sale, assignment, transfer or other disposition of any of; the issued and outstanding
capital stock of Consultant, or of'the interest°of any general partner or joint venturer or
syndicatei member: or cotenant; 1f Consultant isia partnership or joint venture or,:syndicate or
cotenancy; which shall result in changing;the control of Consultant,, shall be,construed as an
assignment'of this Agreement. Control means fifty percent (50%) or more.of the voting power
of � the, corporation.
16. SUBCONSULTANT APPROVAL:
Unless prior written consent from City is. obtained, only those people:and
subconsultants whose names are. included in this Agreement shall be'used in the performance
of this:Agreement. In the event that Consultant employs subconsultants;.such subconsultants
shall be'required to furnish proof of workers' compensation insurance and shall also,be required
to carry, at a^minimum, general, automobile and pi-ofessiorial'liability-insurance equal. tolhe
insurance maintained by:the Consultant,as required by this agreement. In addition, -any work
or services subcontracted hereunder shall be°subject to each:provision of this Agreement.
17. PERMITS AND LICENSES:
City of Cupertino
Turning Movement Count; Data Collection Page.6 of 11
Consultant, at his/her sole expense, shall_ obtain and.,maintain.during th&term of this
Agreement, all appropriate permits, certificates aired licenses including, but not limited to, a City
Business License, that may be required -in. connection with -the performance of `services
hereunder.
18. REPORTS:
A. Each and every report, draft, work product, map„record and other document,
hereinafter collectively referred to as "Report", reproduced, prepared or caused"to be prepared
by -Consultant pursuant to or in connection with this Agreement, shall be:the exclusive property
of City. Consultant shall not copyright:any Repork required by this•Agreement and shall
execute appropriate documents to assign to City the<copyright to Reports created pursuant to
this Agreement. Any Report, information and data acquired or required by this Agreement
shall become the property of;City, and all.publication rights:
are reserved to City. Consultant
may`retain:a copy of, any report furnished to•the City pursuant -to this Agreement.
B. All .Reports• prepared by Consultant: may be used,by City in execution or
implementation of:
(1) The original Project for which Consultant was hired;
(2) Completion of the original Project by -others;
(3) Subsequent additions to the,original project; and/or
(4) Other -City projects, as appropriate:
C. Consultarifshall, at. such time and in such form asi City may require, furnish
reports concerning -the status of services required under this,Agreement.
D. All reports required to be provided"by this Agreement shall be printed on
recycled paper. All Reports shall be copied on both sides of the paper except.for•one original,
which shall be singie�sided.
E. No report; information or other data given to or,prepared or assembled by
Consultant pursuant to this. Agreement shall be made available`to any individual or
organization,by Consultant, without prior approval. by City.
F. Electronic and hard copies of Consultant's work product shall constitute the
Project: deliverables. Documents shall be in Microscift Word and PDF formats. City holds
Consultant harmless for -any modifications to. the documents.
19. RECORDS:
Consultant shall maintain completeand accurate records with..respect-to sales, costs,
expenses, receipts and other such information regWred by City. that relate to the performance of
services urtder this Agreement.
Consultant shall.maintain adequate records of -services provided in sufficient detail to
permit an evaluation of services. All such;records shall be maintained in accordance with
generally accepted accounting, principles and shall be clearly identified and readily accessible.
Consultant shall provide free access to.such books and records to the representatives of City or
City of Cupertino
Turning Movement Count Data Collection Page 7 of 11
Consultant shall provide..free,access to such`boo`<s and records to the representatives of City or
its designees during normal business hours;,and gives City the right to;examine and auditsame,
and to make. transcripts there from.as necessary; quid to allow inspection of,all work, data,
documents, proceedings and .activities°related .to. this Agreement. 'Such records;,,togetherwitln
'supporting documents, shall be kept separate from other documents,and records=and shall be
maintained for a period of three (3) years after receipt of final payment.
If supplemental examination or audit of the records is necessary due to concerns raised
by City's preliminary examination.or audit of records, and the City's supplemental examination
or audit of the records discloses a failure to,adhere to appropriate.intemal-financial controls, or
other breach,of contractor. failure to act in good -.�aith, then Consultant shall reimburse�City for
all reasonable costs and expenses, associated with the supplemental examination or audit.
20. NOTICES:
All notices,.demands, requests or approvals to be given under this Agreement -,shall be
given in•writing and conclusively shall be deemed served when delivered personally or,on the
second business day after the -deposit thereof hithe United States Mail, postage prepaid,
registered or certified, addressed as hereinafter
provided.
All notices, demands; requests, or approvals from Consultant City shall be addressed
to City at:
City of Cupertino
10300 Toire.Ave.
Cupertino CA -95014
Attention: Erwin Ching.
All notices, -'demands, requests, or,approvals•from City to, Cons ul.tant shall be addressed
to Consultant at:
Traffic.Data Service
1386 White Oaks Road, Suite 1
Campbell, CA 95008
Attention Bob Van Boe.ning
21. TERMINATION:
In the,event Consultant4ails or refuses to perform any of the provisions hereof at the
Hine and inAhe manner required hereunder, Consultant shall be,deemed in default`in the
performance of this Agreement; TI?e.City shall notify the Consultant of such. default ,in writing,
specifying, the: nature of such default and the steps necessary to cure such default, If, after'
receipt by Consultant,.such default is ndtcured within .the time specified, City may terminate
the Agreementlorthwith by giving to the Consultant written notice'thereof.
City shall have the option, at its sole discretion°and without cause, of terminating this
City of Cupertino
Turning Movement Count Data Collection Page 8 of 11
Agreement by giving -seven (7) days' prior written notice.to ConsuItant'as provided,herein.
Upon terns nation.of this Agreement; each party shall pay to the other party'that portion of
compensation specified in this'. Agreement that is earned and unpaid prior to th&effective date
of termination.
In the event of termination, Consultant shall deliver to City, copies of all reports,
'documents, and. other work performed by Consultant udder this.Agreement.
22. COMPLIANCES:
Consultant shall, comply, with all state or federal'laws'and all ordinances, rules and
regulations�enacted or issued by City.
23. CONFLICT OF LAW
This! Agreement shall be,interpreted undE!r, and enforced by the laws of the State of
California excepting any choice of law rules which may direct'the application of laws of another
jurisdiction. The Agreement and :obligations:of tlhe parties)are:subject'to all valid_ ,laws, orders,
rules, and regulations of the authorities having jurisdiction over this Agreement (or the
successors of those authorities.)
Any suits brought pursuant to this,Agreeinent:shall be filed with the courts of the
County of Santa Clara, State of California.
24. ADVERTISEIVIENT;
Consultant shall not postexhibit, displayaor allow, to be posted,.exhibited., displayed
any:signs, advertising, show bills, lithographs, posters'or cards of any kind pertaining to the
services performed under this Agreement unless prior written approval has beers secured from
City to do otherwise.
25. WAIVER:
A waiver by City of. any breach of°any term, covenant, or;condifion corntai ed;herein
shall not be deemed to be.a waiver of any subsequent breach of the same or,a.hy other term,
covenant, or conditioivcontained herein, whether of the same or a different character.
26., INTEGRATED CONTRACT:
This Agreement represents,the full and complete understanding of every kind or°nature
whatsoever between the parties hereto, and all preliminary negotiations and agreements of
whatsoever kind or.nature are merged. herein. No verba l.agreernent or implied covenant,shah
beheld to.,vary the,provi"sions hereof. Any modification of this Agreement will be effective only
by written execution signed.by both City and Consultant.
City of-
Cupertino
Turning Movement Count Data Collection Pag(1,9 of 11
27. GIFTS:
A. Consultant is familiarwith City's prohibition. against the acceptance of any gift
by, a.City officer or"designated employee; which prohibition is found in City Administrative
Procedures'.
B. CcihsuItant agrees. not to offer any City officer or designated employee any gift
prohibited by the.Administrative Procedures.
C. The offer or giving of any prohibited gift shall constitute a material breach of this
Agreement by Consultant. In..addition to any other remedies, City may have in law or equity,
City may terminate this Agreement for such breF[ch asprovided,vn,Section 19 of this Agreement.
28. INSERTED PROVISIONS:
Each provision' arid clause required by law to be inserted into the Agreernent:shall'.be
deemed to. be:enacted,herein, and the Agreement -shall be read and enforced as though'each
were included herein. If through mistake or otherwise,'any'such provision is not inserted oris_
not correctly inserted, the Agreement shall be,amended to make such insertion on:application
by either party.
2.9. REPRESENTATION OF AUTHORITY:
The.person executing fhis°agreement on behal,f:of the CONSULTANT does hereby represent
and warrant that the CONSULTANT'is a.sole,proprietor in the -State of California and:has full
rigIit, power, and authority to enter into and.carr.y out all actions contemplated by this
Agreement.
30. CAPTIONS:
The captions in this Agreement,are'for convenience' only, are not -apart of the
,Agreement and in no way affect, limit or -amplify the terms or provisions of this Agreement.
IN WITNESS WHEREOF, the°panties have caused' the Agreement to be executed.
City of Cupertino
Turning Movement'Count Data Collection Page.10 of 11
CONSULTANT
Traffic Data Service
A Sole Proprietor
By1_ 1 /
Name Lib Va 0 3DL n i h
Title
Dafe_.
Tax I.D. No.: :L7---009 (c6CJ Q
Address:
CITY OF CUPERTINO
A Municipal Corporation
B
Timm Borden, Director of Public Works
Date �' 2�
APPIYAAAW ED. AS TO FORM:
%Carol Korade, City Aftorney
KS&ISfe i ATTEST:
Grace Schmidt, City -Clerk
City,of Cupertino
Turning -Movement Count Data Collection
Contract Amount:
Page 11 of 11.
4 20, 900.
lrlo -moo/ -7
EXHIBIT A
SCOPE OF SIERVICES
The CONSULTANT shall provide;certain Turning Movement Count,Data Collection services=as
required and requested by the.CITY.
The CONSULTANT shall provide -services under -this Master Agreement on an "as needed"
basis and only (1) upon written request from the.CFFY's Director-of'Public Works or authorized
Agent as defined in Section 11, PROJECT COORDINATION and (2) as defined ima fully
executed SERVICE ORDER, Exhibit B.
SECTION 1- GENERAL PROVISIONS
A. The CONSULTANT shall perform all services to the satisfaction of the CITY=s-Public
Works Director or°authorized Agent.
B. The CONSULTANT shall perform all services under;this agreement to the currently
prevailing professional standards and quality found among. Program and Project
Managet,herit'Consultants,with similar knowledge and skill engaged'in related work
throughout California under the same or similar circumstances.
C. The CONSULTANT shall perform services under this AGREEMENT only by
authorization of a fully executed SERVICE ORDER which shall clearly provide the
nature -of the specific i services, the time limit-: within which such services, must be
'completed,, and the compensation for, such services. Unauthorized services performed_.
by the CONSULTANT'shall beat no.cost.to the CITY.
D. The CONSULTANT`shall begin work.only ,after receipt of a fully authorized and
executed SERVICE.ORDER. The CITY shall incorporate each authorized and fully
executed SERVICE ORDER into the terms and conditions of. this MASTER
AGREEMENT.
E. The CITY shall -designate a Project.Manager for each authorized:and-fully executed
SERVICE ORDER under this AGREEMENT. The CONSULTANT shallcoordinate the.
SERVICE ORDER performance with the CEFY's designated Project Manager.
SECTION2. BASIC SERVICES
'The Consultant shall provide Turning Movement Count -Data Collection for various locations:
.All services performed shall be authorized:by�a fully executed SERVICE ORDER prior to work
commencement. Consultant_ services under this Master Agreement may include,.but are not
Limited to:
,City of Cupertino Exhibit A -Scope of Services
Turning Movement Count Data Collection Services —Traffic Data Services Page'l of 2
(standard forn3 coli.,qi1taill i asst *r A October 2019)
EXHIBIT A
SCOPE OF SERVICES
A. Conducting 48-hour pneumatic hose vehicle >traffic counts on selected streets on an on-
call basis.
1) Perform traffic counts for volume only (dine -et onaI), volume only (non-directiorial),.and
volume and speed (directional)
2) Submit pneumatic hose,counts on hard copies,and,electronic copies showing the.volume,
and speed data by hour for each 24-hour period, in a, tabulated format.
B. Conducting morning, midday, and evening'Reak hour intersection turning movement
counts atvarious`locations on anon-caIf basis. 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.
1) Morning.couhts.shall be.conducted for three hours between 6:30.am and 9:30 am;
Midday peak hour. counts shall be conducted for two hours,between 11:30 am and 1:30
pm; Evening peak hous,counts shall be conducted for threerhours°between 4 pm and 7
pm.
'2) Submit intersection movementcounts on hard copies showing the volume for each
movementby,,fifteeti-minute,increment, ima tabulated format -for each: -morning, midday,.
and evening count period.
3) Submit the total volume for -each movement during the highest peak hour within each
three-hour, count period in argraphical format..
4) Submit electronic copies.of all files.
C. Conducting pedestrian counts at intersections, or midblock Iocations on anon=call basis.
1) ,Submit hard copies and electronic copies showing the pedestrian volume for each
direction by fifteen-minute:'increment, in,a tahulated format.
END..OF EXHIBIT
City of Cupertino Exhibit•A+Scope;of Services
Turning Movement Count Data Collection Services —Traffic Data Services Page 2 of 2
{titrasidard form consultant mastpr greet e i- . h A October 2013)
EXHIBIT B
SERVICE ORDER PROCESS
The CONSULTPANT-shall provide�services under this Master Agreement on an "as needed"
basis and only (1) upon written request from�the CIT'Vs Director of Public Works or authorized
Agent as defined in Article 11; Project Coordination, and.(?) as defined in a. fully executed
Service;Order.
SECTION 1- SERVICE -ORDER INITIATION
A. Th&City Public Works'Director or his designee shall provide written request for
Consultant: services -as defined in this agreement
B. The.City and Consultant, shall discuss the proposal in detail andagree upon the terms.of
the Service'Order.
C. The City shall prepare a Project Service Order consistent with the'City's:standard'form,
Service Order, and Attachment A. The Service Order shall,.at=a minimum, include (1)
specific scope of services, deliverables, schedule of performance, and compensation.
SECTION 2- SERVICE ORDER EXECUTION
D. Both parties shall exed1te.the.Service Order asevidenced by the signatures of the
authorized representatives::defined in Article,ll of the Master:Agreemerit, Project
Coordination, and the date signed.
E. The Consultant shall begin work on the scope of services,onli after receipf,of,a,fully
executed,authorized Service Order defining those services. Consultant understands.and
agrees,that work performed, before the date of the authorized Service Order or -outside
the.scope of:services once,a Service Order is signed and authorized shall.be at no cost to
,the City.
F. The,maximum•compensation authorized by a single Service Order and/or the aggregate
ofService Orders:shall not exceed the maxintum, compensation set forth in Article 4 of
the Master Agreement.
END 'OFEXH IBIT
City of Cupertino Exhibit B -Service Order Process
Turning Movement Count Data Collection Services— Traffic Data Services Pagelof 1
(standard forin consuitalll 13 October 2013 )
EXHIBIT C
COMPENSATION
The City shall. compensate the Consultant according to th hourly rate(s)'stated in this
Exhibit which shall remain ih effect for the Master Agreement schedule of performance
unless changed by written amendment to the Master Agreement.
Eachauthorized-Service Order under this Master Agreement shall identify the method
of compensation consistent with. thescbpe�of services provided by the Consultant. In
any case, the Consultant's total payment for each authorized Service Order shall not
exceed the maximum compensation,identifie-d in that.Service Order, unless,authorized
by a written amendment. executed by'the City and the'Consultant, and -the total
compensation for all authorized Service Orders shall not exceed the maximum
compensation stated1n Article -4, Consultant Compensation, of the Master Agreement.
Work exceeding the total authorized amount fi.)r,a.Service Order or, the total
compensation for the Master Agreement shall :be at no cost to the City.
'Consultant Hourly Rate(s)
The Consultant shall be 9compensated according to the following,hourly rate(s) For all
work performed under authorized'Service Orders:
Labor Category
Masi:er Agreement Hourly Rate
48-hour pneumatic hose count volume
$90.0(wocation
only (non -directional)
48-hour pneumatic hose count volume
$100.00/location
onI y (directional)
48-hour pneumatic hose_ count volume
$150. D0/location
and speed
Three-hour turning movement count
$225, 00/intersection
(two person or video)
Two-hour turning movement count
$175.0.0/intersection
(two person or video)
One-hour turning movement count
$125.00/intersection
(two person or,video)
Additional Turning Movement Count
$50/1-101117
Technician
Pedestrian Count
$50/ lour
Cityof Cupertino Exhibit C -Compensation
TurningNoyement Count Data Collection —Traffic DataService Page 16f 2
(standard form c:onsttllant master -L reement-Exh C October 2013)
EXHIBIT C
COMPENSATION
Reimbursable Expenses
All reimbursable expenses are,inclusive,in the direct labor rate.
Method of Payment
The Consultant shall submit an invoice to the City by the 51h business day of each
month'that clearly identifies the work performed in the previous. All.invoices,fiom
Consultant shall be�addressed to City.,at:
Attention: Erwin Ching
Associate Civil Engineer
City of Cupertino
10300 Torre Ave.
Cupertino CA 95014
The invoice shall identify the applicable period,of work, a description of the work performed
consistent with the Service Order -scope of services; the numberyof hours, hourly rate, Service
Order maximum compensation, Service Order compensation to date including invoice,number,
total invoice.amount for current invoice, Service:Qr&r.maximurn compensation. balance
remaining.
All':Consultant payments shall be:addressed to:
Traffic Data Service
1386 White Oaks Road, Suite 1
Campbell,:CA 95008
END OF EXHIBIT
6ty;of Cupertino 'Exhibit C:Compensation
Turning Movement Count Data Collectibn - Traffic Dka.,Service Page 2 of 2
(standard form eon uftt11tt IINISter agreement-F_Yfl C actobej- 2013)