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16-073 Kimley-Horn and Associates, Inc., for Consultant Services for De Anza Blvd. Traffic Signal Synchronization ProjectAGREEMENT BETWEEN THE CITY OF CUPERTINO AND KIMLEY-HORN AND ASSOCIATES, INC. FOR CONSULT ANT SERVICES FOR DE ANZA BL VD. TRAFFIC SIGNAL SYNCHRONIZATION PROJECT THIS AGREEMENT, for reference dated ~ v/ . 2o _tl,q s by and between CITY OF CUPERTINO, a municipal corporation (hereinaft~o as "City "), and KIMLEY-HORN AND ASSOCIATES, INC., a North Carolina corporation, whose address is 4637 Chabot Drive, Suite 300, Pleasanton, CA 94588 (hereinafter referred to as "Consultant"), and is made with reference to the following: RECITALS: A . City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on 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 compe tent to perform the special services which will be required by this Agreement; and C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services describ ed in this Agreement on the terms and conditions described herein. D. City and Consultant desire to enter into an agreement for traffic signal synchronization on De Anza Blvd,_ upon the terms and conditions herein. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM: The term of this Agreement shall commence on the date this agreement is executed and shall terminate on June 30, 2018, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED: Consultant shall perform each and every service set forth in Exhibit "A". titled "Scope of Services" which is attached hereto and incorporated herein by this reference. 3. SCHEDULE OF PERFORMANCE: The Services of Consultant are to be complete d according to the schedule set out in Exhibit B, titled "Schedule of Performance", which is attached hereto and incorporated herein by this reference . 4. COMPENSATION TO CONSULTANT: City of Cupertino Kimley-Horn Agreement Page 1of10 For De Anza Blvd Traffic Signal Synchronization Project The maximum compensation to be paid to Consultant under this agreement shall not exceed Fifty Five Thousand Eight Hundred Sev enty Five Dollars ($55,875.00). The rate of payment is set out in Exhibit C, title d "Compensation", which is attached h ereto and incorporated herein. Consultant shall furnish to City a detaile d statement of the work performed for compensation during the term of this Agreement. Consultant may submit monthly invoices for interim progress payments during the course of each phase, clearly stating as a minimum the total Contract amount, amount paid to date, percent complete and amount due. 5. TIME IS OF THE ESSENCE: Consultant and City agree that time is of the essence regarding the performance of this Agreement. 6. STANDARD OF CARE: Consultant agrees to perform all services hereunder in a manner commensurate with the prevailing standards of like professionals in the San Francisco Bay Area and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the City nor have any contractual relationship with City . 7. INDEPENDENT PARTIES: City and Consultant intend that the relationship between them created by this Agreement is that of employer-independent contractor. The manner and means of conducting the work are under the control of Consultant, except to the ex tent they are limited by statute, rule or regulation and the express te rms 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 not 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. 8. IMMIGRATION REFORM AND CONTROL ACT (IRCA): Consultant assumes any and all responsibility for verifying the identity and employment authorization of all of his/her employees performing work hereunder, pursuant to all applicable IRCA or other federal, or state 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. 9. 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 citize n 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 a material breach of this Agreement. 10. PROJECT COORDINATION C ity of Cupertino Kimley-Horn Agreement Page 2 of IO For De Anza Blvd Traffic Signal Synchronization Project CITY: Director of Public Works shall be representative of City for all purposes under this Agreement. David Stillman, is hereby designated as th e Director of Public Works' designee and Project Manager, and shall supervise the progress and execution of this Agreement. CONSULTANT: Consultant shall assign a single Consultant Project Manager to have overall responsibility for the progress and execution of this Agreement for Consultant. Should circumstances or conditions subsequent to the execution of the Agreement require a substitute Consultant Project Manager for any reason, the Consultant Project Manager designee shall be subject to the prior written acceptance and approval of th e City Project Manager. The designated Consultant Project Manager shall be Brian Sowers. 11. HOLD HARMLESS: A. Indemnity Obligations Subject to Civil Code Section 2782.8. 1 . Where the law establishes a standard of care for Consultant's professional services, and to the extent the Consultant breaches or fails to meet such established standard of care, or is alleged to have breached or failed to meet such standard of care, Consultant shall, to the fullest extent allowed by law, with respect to all services performed in connection with 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 any injury to or death of any person or damage to property or other liability of any nature, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of 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. Consultant shall not be obligated under this Agreement to indemnify City to the extent that the damage is caused by the sole or active negligence or willful misconduct of City, its agents or employees. 2. Notwithstanding the foregoing, the Consultant has no duty to provide or to pay for an up-front defense against unproven claims or allegations, but shall pay or reimburse the City for its reasonable attorneys' fees of counsel of City's choice, expert fees and all other costs and fees of litigation to the extent caused by the negligence, recklessness, or willful misconduct of Consultant or its employees, officers, officials, agents or independent contractors . However, the Consultant shall provide its immediate and active cooperation and assistance to the City, at no additional cost to the City, in analyzing, defending, and resolving such claims. B. Claims for Other Liability. For all liabilities other than those included within paragraph A. above, Consultant shall, to the fullest extent allowed by law, indemnify, defend, and hold harmless the City and its officers, officials, agents, employees and volunteers against any and all liability, claims, actions, causes of action or d emands whatsoever from and against any of them, including any injury to or death of any person or damage to property or other liability of any nature, that arise out of, pertain to, or relate to the performance of 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. Consultant shall not be obligated under this Agreement to indemnify City to the extent that the damage is caused by the sole or active n egligence or willful misconduct of City, its agents or employees. City of Cupertino Kimley-Horn Agreement Page 3 of IO For De Anza Blvd Traffic Signal Synchronization Project C. Claims involving intellectual property. In addition to th e obligations set forth in (A) and (B) above, Consultant shall indemnify, defend, and hold the City, its elected and appointed officers, employees, and volunteers, harmless from and against any Claim in which a violation of intellectual property rights, including but not limited to copyright or patent rights, is alleged that arises out of, pertains to , or relates to Consultant's n egligence, reckl essness or willful misconduct under this Agreement. 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. 12. INSURANCE: On or before the commencement of the term of this Agreement, Consultant shall furnish City with certificates showing the type, amount, effec tive dates and dates of expiration of insurance coverage in compliance with paragraph 12A, B, C, D and E. Such certificates, which do not limit Consultant's indemnification, shall also contain substantially the following statement: "S hould any of the above insurance covered by this certificate be canceled before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days' advance written notice to the City of Cupertino, Attention: City Manager." It is 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 that is acceptable to City and authorized to do insurance business in the State of California . Endorsements naming the City as additional insured in relation to the commercial general liability and commercial automobile liability policies shall be submitted with the insurance certificates. A. COVERAGE: Consultant shall maintain the following insurance coverage: (1) Workers' Compensation: Statutory coverage as required by the State of California. (2) Liability: Commercial general liability coverage in the following minimum limits: Bodily Injury: $500,000 each occurrence $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 will be considered equivalent to the required minimum limits shown above. (3) Automotive: Commercial automotive liability coverage in the following minimum limits: Bodily Injury: $5 00,000 each occurrence Property Damage: $100,000 each occurrence or Combined Single Limit: $500,000 each accident (4) Professional Liability: City of Cupertino Kimley-Horn Agreement Professional liability insurance which includes coverage for the professional acts, errors and omissions of Consultant in the amount of at least $1,000,000 per claim and in the aggregate. Page4of10 For De Anza Blvd Traffic Signal Synchronization Project B. SUBROGATION WAIVER: Consultant agrees that in the event of loss due to any of the perils for which he/she has agreed to provide commercial 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 commercial 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. C. 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 th e 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, excep t any worker's compensation and professional liability insurance, required by this Agreement. 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 other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy . E. SUFFICIENCY OF INSURANCE: The insurance limits required by City are not represented as being sufficient to protect Consultant. Consultant is advised to confer with Consultant's insurance broker to determine adequate coverage for Consultant. 13. CONFLICT OF INTEREST: Consultant warrants that it is not 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 if the services provided under this Agreement require Consultant to make certain governmental decisions or serve in a staff capacity as defined in Title 2, Division 6, Section 18700 of th e California Code of Regulations. 14. PROHIBITION AGAINST TRANSFERS: Consultant 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, trust company or other financial institution without prior written consent. Written notice of such assignment shall be promptly furnished 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 syndicate member or cotenant, if Consultant is a 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. 15. SUBCONTRACTOR APPROVAL: C ity of Cupertino Kimley-Horn Agreement Page 5 of IO For De Anza Blvd Traffic Signal Synchronization Project Unless prior written consent from City is obtained, only those people and subcontractors whose names are included in this Agreement shall be used in the performance of this Agreement. In the event that Consultant employs subcon tractors, such subcontractors shall be required to furnish proof of workers ' compensation insurance and shall also be required to carry general, automobile and professional liability insurance in reasonable conformity to the insurance carried by Consultant. In addition, any work or services subcontracted hereunder shall be subject to each provision of this Agreement. 16. PERMITS AND LICENSES: Consultant, at his/her sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, certificates and licenses including, but not limited to, a City Business License, that may be required in connection with the performance of services hereunder. 17. OWNERSHIP OF WORK: A. Any interest (including copyright interests) of Consultant and its subconsultants in each and every study, document, report, draft, memoranda, work product, map, record, plan, drawing, specification and other deliverable, in any medium prepared or created by Consultant or its subconsultants pursuant to or in connection with this Agreement, shall be the exclusive property of City. To the extent permitted by Title 17 of U.S . Code, all work product prepared or created under this Agreement shall be deemed works for hire and all copyrights in such works shall be the property of City. In the event that it is ever determined that any works prepared or created by Consultant or any subconsultant under this Agreement are not works for hire under U.S. law, Consultant h ereby assigns to City all copyrights to such works when and as created. With Owner's prior written approval, Consultant may retain and use copies of such works for reference and as documentation of its experience and capabilities and in its promotional materials. With respect to Consultant's standard details, Consultant may retain the copyright, but grants to City a perpetual non-exclusive license to use such details in connection with the Project. B. Without limiting any other City right to any of the works prepared or created by Consultant or its subconsultants, all works 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. Any City reuse of works shall be subject to California Business and Professions Code Sections 5536.25, 6735, 6735 .3 or 6735.4, if and to the extent applicable. Any City reuse of works for any purpose other than those in B(l) through B(3) above, and any modifications to any of the works, shall be at City's sole risk and expense. D . Consultant shall, at such time and in such form as City may require, furnish reports concerning the status of services required under this Agreement. E. All written work required to be provided by this Agreement (other than large-scale architectural plans and similar items) shall be printed on recycled paper and shall be copied on both sides of the paper except for one original, which shall be single sided. F. No work, information or other data given to or prepared created or assembled by Consultant or any of its subconsultants pursuant to this Agreement, shall be made available to any individual or organization by Consultant or any subconsultant without prior approval by City. G. Electronic and hard copies of Consultant's work product shall constitute the Project deliverables. Plans shall be in CAD and PDF formats, and other documents shall be in Microsoft Word and PDF formats. City of Cupertino Kimley-Horn Agreement Page 6of10 For De Anza Blvd Traffic Signal Synchronization Project 18. RECORDS: Consultant sh a ll maintain complete and accura te records with respect to sales, costs, expenses, receipts and other such information required by City tha t relate to the p erformance of serv ic es under this Agreement. Consultant shall m ain tain a dequate records of serv ic es provided in suffi cien t d e tail to permit an evaluation of services. All such records shall be maintained in accordance with gen era ll y accepted accounting principles and shall be clearly identified and rea dil y accessible . Consultant shall provi de free access to such books and records to the representatives of City or its designees a t a ll proper times, and gives City the right to exa mine and audit same, and to make transcripts there from as n ecessary, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be kept separate from other documents and record s and shall be maintained for a period of three (3) years after receipt of final payment. If supplemental exa mination 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 internal financial controls, or other brea ch of contract or failure to act in good faith, then Consultant shall reimburse City for all reasonable costs and expenses associated with the supplemental examination or audit. 19. NOTICES: All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively sh a ll be deemed served when d elivered personally or on the second business day after the deposit thereof in the United States Mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals from Consultant to City shall be addressed to City at: City of Cupertino 10300 Torre Ave . Cupertino CA 95014 Attention: David Stillman, P.E . All notices, demands, requests, or approvals from City to Consultant shall be addressed to Consultant at: Kimley-Horn and Associates, Inc. 4637 Chabot Drive, Suite 300 Pleasanton, CA 94588 Attention: Brian Sowers, P .E. 20. TERMINATION: In the event Consultant fails or refuses to perform any of the provisions hereof at the time and in the manner required h ereunder, Consultant shall be deemed in default in the performance of this Agreement. If such default is not cured within the tim e specified after receipt by Consultant from City of written notice of default, specifying the nature of such d efault and the steps n ecessary to cure such default, City may terminate th e Agreement forthwith by giving to the Consultant written notice thereof. City shall have th e option, at its sole discretion and without cause, of termina ting this Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of thi s City of Cupertino Kimley-Horn Agreement Page 7of10 For De Anza Blvd Traffic Signal Synchronization Project Agreement, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination . In the event of termination, Consultant shall d eliver to City, copies of all reports, documents, and other work performed by Consultant under this Agreement. 21. COMPLIANCES: Consultant shall comply with all state or federal laws and all ordinances, rules and regulations enacted or issued by City . A. PREVAILING WAGES: To the extent applicable, Contractor shall comply with the City's Labor Compliance Program and all other requirements set forth in Labor Code section 1770 et seq. B. WORKING DAY: To the extent applicable, Contractor shall comply with California Labor Code Section 1810, et seq. which provides that work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, must be compensated as overtime, at not less than 1 112 times the basic rate of pay. C. PAYROLL RECORDS: To the extent applicable, Contractor shall comply with California Labor Code Section 1776 which requires certified payroll records be maintained with the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed b y him or her in connection with this Agreement. The Payroll Records shall be made available for inspection as provided in California Labor Code Section 1776. D . APPRENTICES: To the extent applicable, Contractor shall comply with California Labor Code Section 1777.5 regarding apprentices. 22. CONFLICT OF LAW: This Agreement shall be interpreted under, 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 the parties are subject to all valid laws, orders, rules, and regulations of the authoritie s having jurisdiction over this Agreement (or the successors of those authorities.) Any suits brought pursuant to this Agreement shall be filed with the courts of the County of Santa Clara, State of California. 23. ADVERTISEMENT: Consultant shall not post, exhibit, display or 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 been secured from City to do otherwise. 24. WAIVER: A waiver by City of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character. 25. 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 City of Cupertino Kimley-Horn Agreement Page 8 of IO For De Anza Blvd Traffic Signal Synchronization Project kind or nature are m erged herein. No verbal agreement or implied covenant shall b e held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 26. GIFTS: A. Consultant i s familiar with 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. Consultant 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 breach as provided in Section 19 of this Agreement. 27. INSERTED PROVISIONS: Each provision and clause required by law to be inserted into the Agreement 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 or is not correctly inserted, the Agreement shall be amended to make such insertion on application by either party. 28. CAPTIONS: The captions in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit or amplify the terms or provisions of this Agreement. City of Cupertino Kimley-Horn Agreement Page 9 of IO For De Anza Blvd Traffic Signal Synchronization Project P.O. No.: IN WITNESS WHEREOF, the parties have caused the Agreement to be executed. CONSULTANT Kimley-Horn and Associates, Inc. By 9,-~ Date SI 2.4 { 1 L, Address: 4637 Chabot Drive, Suite 300, Pleasanton, CA 94588 CITY OF CUPERTINO A Municipal Corporation By~"K:j ' Timm Borden, Director of Public Works APPROVED AS TO FORM: ~Randolph Hom, City Attorney ATTEST: City of Cupertino Kimley-Horn Agreement ~sln Grace Schmidt, City Clerk 6 ..-(Lf..-( ~ Contract Amount: $55,875.00 Account No. : 100-88-844-700-702 Page 10of10 For De Anza Blvd Traffic Signal Synchronization Project PROPOSAL FOR The De Anza Blvd Traffic Signal Synchronization Project PROJECT NUMBER 2016-16 Exhibit A Scope of Service? • Model Calibration consisting of verifying the inpu t data and adjusting the model parameters so that the Synchro output reasonably matches the observed conditions in the network. • Review and Update Initial Timing to include revie w of minimum greens for bicycles, pedestrian wa lk and FDW times, vehicular clearance intervals, maximum green times, gap settings, etc. A collision review will also be conducted to determ ine if changes to the initial timings could enhance intersection safety. • Internal QA/QC rev iew of the signal timing model to verify such items as the signal ph asing coding , traffic volume input, lane configuration input, and performance measure output. • City Review of the existing conditions. • Evaluate Signal Grouping consisting of reviewing what signals will be grouped together for the signal coordination plans. Since many of the corridors have past coordination plans, this step may consider signals on other corridors ttiat may be added as part of the groups, or dividing a corridor into multiple groups. • Evaluate Signal Phasing to determine if alternate signal phasing, includ ing lead /lag left turn phasing or twice-per-cycle left- turn (TPCL1) phasing, would improve corridor operations. • Cycle Length Eva lu ation consisting of evaluation of the corridor/signal group cycle lengths using the minimum pedestrian splits and/or minimum splits. • Split Evaluation consisting of evaluating the optimum signal splits for the established cycle length based on the minimum pedestrian splits and/or minimum splits. • Offset Evaluation includes reviewing the optimum signal offsets for the establisl1ed cycle length and signal splits. • Internal QA/QC review of the timing plans developed. • City Review of the initia l timing plans. • Timing Adjustments in~ludes making revisions to the timing plans based on comments received by the City on tl1e draft timing plans . • Developing Timing Sheets and Implementation consisting of transferring the calculated optimum timing plan data to timing sheets and entering the data into the signal system. Data can be entered into the system wit hin the City TMC. Once the timing is entered and reviewed by the City, we will assist the City with downloading the timings to the field. • Fine-Tuning including field review and timing plan adjustments based on the field review and comments provided by the City. Fine-tuning will occur for two days for the De Anza Boulevard corridor, or for additional days if needed. • Final Timing Sheet Preparation includes preparing final timing sheet in hardcopy and electronic format. Scope of Services The following is the Scope of Services to conduct this study for the City of Cupertino in accordance with the RFP and our proposed Approach. Additional details on methods used during each task and additional details on specific considerations for the De Anza Boulevard corridor are highlighted in this Scope. Task I -Project Coordination and Management This task includes project management related tasks and meetings to consist of preparing scope of work, schedule, budge t, preparation of invo ices, budget oversight, adherence to project scl1eduling , and general project coordination. Kimley »>Horn 16 TRT082009.16 I City of Cupertino PROPO SAL FOR The De Anza Blvd Traffic Signal Synchronization Project PROJECT NUMBER 2016-16 An initial kick-off meeting will be scheduled with City staff to review to discuss some of the elements associated with signal timing, review the project scl1edule and deliverables, and to develop consensus on tl1e overall project and signal timing approach. The Kimley-Horn project manager and one additional staff person will attend the kick -off meeting . With the City's involvement, we will review the proposed project approach and deliverables and will set timetables for consultant deliverables, City review periods, scheduling of implementation, and other administrative details. We wil l also collect any available data for the signal timing effort that is available from the City, including: • Hard copies or electronic copies of the existing timing sheets for the intersections to be retimed • Collision data for the past three years, preferably including intersection collision diagrams • Information of service requests/citizen complaints Kimley -Horn will prepare draft meeting minutes for the kick-off meeting within five (5) days after the meeting, to be reviewed by the City, and fina l meeting minutes within two (2) days after City review. Within five (5) days after the kick-off meeting, Kimley-Horn will submit a draft scope of work, schedule, and budget based on the feedback received at the initial meeting, the RFP scope of work , and the scope of services included in this proposal. Based on comments received by the City, Kimley-Horn will submit a final scope of work, schedule , and budget. In addition to the kick-off meeting, two (2) project meetings are anticipated to be held in City offices. The primary objectives of these meetings will be to review the existing conditions and to review the signa l grouping and cycle length analysis. The Kimley-Horn project manager and one staff person will attend each meeting. Kimley-Horn will prepare draft meeting minutes for the meetings within five (5) da11s after the meeting, to be reviewed by the City, and final meeting minutes within two (2) days after City review. Kimley-Hom anticipates communicating frequently with the City projec t manager, including scheduling monthly calls to discuss projec t progress . Monthly projec t status reports will be prepared and submitted to the City along witll project invoices. These reports will document work completed within the last month, work projected for the next period, issues to be resolved , and information required. Task 1 De livera bles : • Attendance at kick-off meeting • Attendance at two (2) project meetings • Draft and final meeting minutes (notes) for each meeting • Draft and final scope of work, schedule, and budget • Monthly project status reports Task 2 -Data Collection and Field Observations Task 2.1 -Collect Traffic Counts 24-hour machine counts wi ll be collected for seven (7) days, at 15-minute drop intervals, at critical and City -approved locations along the project corridors. Directional ADT counts will be collected at up to four (4) locations. At two (2) of the locations, ADT counts will be co llected with vehicle classification. The 24-hour hose counts will be collected prior to the turning movement counts to identify the peak periods for traffic count data collection. Traffic counts will be reviewed by a senior staff member and the City to ensure that the numbers are reasonable . All traffic counts will be provided to the City in electronic Excel format. For the 24-hour traffic counts, Excel files will include raw volumes and a formatted summary file with graphs. City of Cupertino I TRT082009.16 17 Kimley»>Horn PROPOSAL FO R The De Anza Blvd Traffic Signal Synchronization Project PROJECT NU M BER 2016-16 Weekday turning movement counts, including vehicular, pedestrian, and bicycle counts, will be collected for two (2) hours during the AM, midday, and PM peak periods at all sixteen (16) project intersections. Traffic counts will not be collected near holidays or during abnormal weather conditions, on scl1ool breaks, or periods of construction. Turning movement counts will be collected in the field using video data collection technology and reduced in the office. Video recordings of the turning movement counts along with RAW data files will be available to the City via the FTP site or on DVD. Kimley-Horn will verify with the City the hours and locations (for ADT counts) of the counts to be collected. The traffic counts will be collected on a Tuesday, Wednesday, or Thursday, and a Saturday. Task 2.2 -Before Study A floating car study will be conducted at the studied corridor before the signal timing analysis and implementation is completed . Prior to the travel time runs, we will review the corridor and the methodology for collecting the data with the City. The travel times will be collected for two hours each during the AM, midday, and PM peak periods on one Tuesday, Wednesday, or Thursday. A minimum of six runs in each direction will be conducted during each peak period that data is collected. Tl1e trave l time data will be collected using an Excel based data collection method developed internally by Kimley-Horn. If desired by the City, GPS technology can be used to collect the travel time data. Kimley-Horn wi ll submit the travel time data to the City in Excel format and include a summary showing the average travel time, average stops, total delay time , average speed , average free flow speed, and distance traveled. In addition to travel time data, each run will be recorded using a digital camera mounted on the window of a car. This will allow us to further verify conditions along the corridor by reviewing the video afterward. The video data files collected during the Before study, which have very large file sizes , can be provided to the City if desired. Task 2.J -Field Observation An important aspect of signal timing is field observation of traffic conditions to better understand signal timing issues such as queuing problems, lost times, early or late release times, pedestrian demands, and phase operation. A field review will be conducted during each of the study periods by the staff who will be developing the signal models. Field review will consist of driving the studied corridor to observe general traffic flo w conditions and standing along the corridor to revi ew intersection operations to understand que uing and split demand issues. Field re view will also include reviewing the major traffic generators in the study area to obtain an overall knowledge of the traffic conditions. A traffic engineer can rarely develop an effective model without a comprehensive fi eld review. Additional field information will be collected to assist with the signal timing study. This information includes: • Existing lane geometry and physical roadway features • Other roadway conditions , such as on-street parking locations, bus stop locations , and truck traffic • Saturation flow rates for typical movements • Initial los t times for typical intersections • Travel speeds between intersections and along the corridors Additionally, digital photos of each controller cabinet and the contents will be collected at each study inte rs ection. Photos wi ll be made available to the City via the FTP site or on DVD . Kimley»> Horn 18 TRT082009.16 I City of Cupertino PROPOSAL FOR The De Anza Blvd Traffic Signal Synchronization Project PROJECT NUM B ER 2016-16 Task 2 Deliverables: • 24-hour machine counts in summary PDF format • 24-hour machine counts in raw Excel format • Turning movement counts for weekday peak periods in Excel and PDF format • Turn in g movement video data • Before travel time studies in Excel format • Digital photos of the controller cabinet Task 3 -Data Analysis and Existing Conditions Once the traffic data has been collected, the traffic signal timing model will be developed for the project intersections. The Trafficware Synchro 8 software will be utilized for timing development, although a highe r (Sy nchro 9) or lower version of the software will be used if preferred by the City. Traffic volumes, saturation flow rates, and other traffic data collected will be entered into the mode l. To help evaluate the project corridor with adjacent signals that are not included in the project, the models will incl ude adjacent corridors and/or intersections that are currently connected in coordination with the project intersections , in particular Stevens Creek Boulevard. The models for the non-project intersections will be based on past models developed by Kimley- Horn using past data collected with other projects. Kimley-Horn will review the existing timing settings to verify the current timings are included at the additional intersections . Once the traffic data has been entered into the traffic model, the model will be calibratedJor existing conditions. Calibration of the model consists of verifying the input data and adjusting the model parameters so that the model output reasonably matches the observed conditions in the netvvork. This is an important step in a retiming project because the effectiveness of the optimal timings depend on how closely the model represents the existing conditions. The following are common steps taken in the calibration process: 1 . Deg rees of saturation fo r typical movements will be compared with the existing conditions checked in the field. Volumes, saturation flow rates, lost times or signal timing data, as applicable, will be adjusted to achieve a reasonable match . 2. Maximum queue length will be checked against the actual field data for typical movements. Saturation flow rates, in itia l lost times or signal timing data, as applicable, will be adjusted to achieve a reasonable match. 3. Predicted average delay (sec/veh) wi ll be compared with the field data for represen tative through and left-turn movements. Model predicted average speeds will be checked fo r the entire netvvork versus the field measurements. Substantial differences between measured and predicted delays and travel times indicates input errors or invalid assumption . Data input for saturation flow rates, initial lost times , and signal timing data will be checked. Kimley-Horn wi ll obtain existing measures of effectiveness, including delay, number of stops, travel time, and emissions from the · models. As part of the existing conditions review, Kim ley-Horn will conduct a review of t11e existing initial and actuated signal timing parameters, such as pedestrian clearances, initial green times, yellow and all red clearance intervals, and minimum and maximum green settings. The parameters will be reviewed based on the City standards or the latest California MUTC D standards. In addition, Kimley-Horn will conduct a review of the collision data to identify patterns that are susceptible to correction througl1 signa l timing. Kimley-Horn wi ll develop a tecllnical memorandum summarizing the existing traffic volumes, information collected in the field review, the existing conditions models, recommended changes to the initial timings, the collision review, and performance measures. A Draft of Existing Cond itions Report, along with Synchro mode ls, will be submitted to the City fo r review. Kimley-Horn will schedule a mee ting with tt1e City to discuss the results of the existing conditions analysis and field observations. City of Cupertino I TR T0 8200 9.1 6 19 Kimley»> Horn PR OPOSA L FOR The De Anza Blvd Tr affic Signa l Syn ch roni zat ion Pro ject PROJECT 'U MBER 2 16 -16 A Final Existing Conditions Report and updated Synchro models will be submitted incorporating City comments, along with the responses to comments. Task 3 Deliverables: • Draft Existing Cond iti ons Report • Final Existing Conditions Report • Responses to city comments • Existing conditions Synchro models Task 4 -Signal Timing Improvements Once the model is calibrated to accurately represent the existing conditions , Kimley-Horn will conduct the signal timing analysis and develop recommended timings for the corridors. Three weekday plans will be developed for all project intersections to include the AM, midday, and PM peak periods. The initial step in the signa l timing optimization process will be to review the grouping of traffic signals for coordination and review the selection of optimum cycle lengths . The goal of signal grouping will be to cluster those intersections together that have similar operational characteristics, such as cycle lengths, higher platooning traffic, and shorter travel time between intersections. As part of the signa l grouping and cycle length analysis, Kimley-Horn will cons ider the operations of ot11er adjacent corridors and intersections that currently are connected in coordination, or could be connected in coordination, with the project intersections. Kimley-Horn will submit a summary of preliminary recommended signal groupings and cycle lengths memorandum-including existing versus proposed performance measures-for rev iew prior to development of the draft signal timi ng plans. This will allow the City to review the proposed cycle lengths prior to conducting the detailed timing analysis . Kimley-Horn will coordinate with the City to review and discuss the preliminary signal grouping and cycle le ng tlls. At this point, Kim ley-Horn recommends meeting with the City in person during the signal grouping and cycle lengths discussion, rather than to review the Draft Recommendations Report as outlined by the RFP. Based on our experience, selecting an optimum cycle length is the critical step in the signal timing project. Once the cycle len gths are selected, optimum splits and offsets for the coordination plans wi ll be developed in the Synchro model and adjusted, as needed, to provide for the optimum timing . The goal of split optimization wi ll be to allocate green time to different approacl1es in proportion to t11e overall intersectio~ volume and capacity. For those intersections near shopping centers, additional review of splits will be completed to allow for accommodations of variations in traffic conditions . Development of the offsets will include an eva luation of the use of alternate phase sequencing (lead/lag phasing) and setting of the offsets based on the corridor traffic conditions (progress io n priority). We will also implement the use of twice-per-cycle left turns (TPLCT) to reduce left-turn queuing and minimize left-turn delay, or the use of phase re-service settings. The recommended timing development will include the review of the time -of-opera tion of the signa l coordination plans. The tirne-of- operation will be reviewed based on the daily and weekly volumes and on field-observed conditions. After the Synchro models are completed, signa l timing parameters, critical performance measure informa tion , time-of-operation, and other relevant timing information will be summarized in a Draft Recommendations Report for transmission to the City for review. In addit ion , recommended Synchro models will be provided to the City. Based on comments received, a Revised Recommendations Report and final Synchro models will be submitted to the City. Task 4 Deliverables: • Preliminary Signal Grouping and Cycle Lengths Memorandum • Draft Recommendat ions Report • Revised Recommendations Report • Recommended Syncl1ro models Kimley»>Horn 20 TR T0820 09.16 I City of Cupertino PROPOSAL FOR The De Anza Blvd Traffic Signal Synchronizat ion Project PROJECT N UMB ER 2016-16 Task 5 -Implementation of Signal Timing Once th e recommended timings are finalize d, marked-up timing sheets will be prepared a.nd submitted to the City for review. Depending on City preference, the data can be entered into the City's Streetwise system by Kimley -H orn staff at the City TMC. Once the timing is reviewed by the City, Kimley -Horn wi ll be available to assist with downloading the timings to the field. Once the timing plans have been implemented, our team will also conduct a fine-tuning process by drivin g the corridor and standing at intersections to observe individual intersection operations. Kimley-Horn will accompany the City staff during fine-tuning or can complete the fine-tun ing wit11out City staff present. Kimley-Horn will notify tile City of any fine-tuning adjustments to be made. It is anticipated tha t two (2) days of fine-tuning will be conducted along the study corridor on days that are representative of typical traffic cond itions. If needed, additional days of fine-tuning will be conducted to address City concerns. Once fine -tuning is completed , Kimley-Horn will prepare final t iming sheets in hardcopy format and the Preliminary Impl ementati on and Fi ne-tun in g Report, which will summarize the changes made during the fine-tuning process. The timing sheets will be provide d in hardcopy and electron ic formats. The report will be provided in electronic format. In addition , Kimley -H orn will update the Syn chro models to include any fine-tuning adjustments. Final Synchro models will be submitted to the City in electronic format. Task 5 Deliverables: • Marked-up timing sheets for impleme ntation • Final tim ing sheets • Preliminary Implementation and Fine-Tuning Report • Final fine-tuned Synchro models Task 6 -Evaluation After fine-tuning of the timings, a final After travel time study will be conducted to field measure the improvements in system performance. A floating car trave l time study will be conducted for each corridor during the same times as the Before study was conducted. A minimum of six (6) runs in each direction will be conducted for each corridor during each peak period. The travel time runs wil l be collected within thirty (30) calendar days after the timings are finalized. Tlie travel time data will be summarized for each corridor and include the average travel time. stops, total delay time, speed , and distance traveled. In add ition, vel1i cle emissions will be calculated using the latest Bay Area Air Quality Management Distric t methods and using the Synchro models. The After study data will be compared to the Before stu dy io measure the improveme nt in system performance. City of Cupert ino I TRTOB2009 .16 21 Kimley»>Horn PROPOSAL FOR The De Anza Blvd Traffic Signal Synchronization Project PROJECT NUMB ER 2016-16 A Draft Project Report will be prepared summarizing the comparison of t11e Before versus After conditions and submitted to the City electronically. The After study floating car runs and emission calculation will also be submitted to the City electronically in Excel format. Based on comments received, a Revised Project Report, along with the responses to City comments and final Synchro models will be submitted to the City. In add ition, Kimley-Horn will prepare and submit a one to two-page summary brief for each corridor, highlighting the project benefits and measures of effectiveness of the project. The summary will include a corridor description, map of the signals, project achievements, final timing plan information, a graphical summary of the Before and After performance measures , and overall benefits. Task 6 Deliverables: • Preliminary Implementation and Fine-Tuning Report • Draft Project Report • Responses to City comments • Final Project Report • Corridor summary with benefits • After travel time studies in Excel • Measures of Effectiveness Worksheet in Excel • Two-page project summary brief in PDF format Task 7 -Optional (Additional) Services When requested in writing and authorized in advance by the City Director or Director's designee, Kimley-Horn will provide optional services. The followin g are vari ous optional services that we can provide: • Additional study intersections (not inc luded in tl1e base 16 signals) • Scl1ool peak timing (peri ods outside of the AM , midday, and PM peaks described) • Weekend timing (up to two plans) • Incident Response (Flush) Timing • Transit Signal Pr iority (TSP) timing Upon City request for optional services, Kimley-Horn will provide a detailed scope of work for the optional services. J. Price Proposal (separate sealed envelope) Kimley»> Horn 22 TRT082009.16 I City of Cupertino Task 1 ·Project Coordination and Management General Project Management and Meetings Draft Workscope, Schedul e. & Budget Final Workscope, Schedule. & Budget Task 2 • Data Collection and Fie ld Observations Trame Counts Fie ld Observations and "Before" Travel Time Surveys Tas k 3 • Data Analysis and Ex isting Conditions Ex isti ng Conditions Mode ls and Data Analysis Draft Existing Conditions Report (Includes Task 2 data) Fi nal Exisling Cond itions Re port Task 4 ·Signal Timing Improvements Sig nal Group ing and Cyc le Le ngth Ana lysis Draft Reco mmendations Report Final Recommendations Report and Mode ls Task 5 ·Im plementation of Signal Timing Timing Sheets Implementatio n and Fi ne-tun ing Task 6 • Evaluation "Aile(' Travel Tim e Su rv eys Dra ft Project Report Fina l Project Report and Model s Legend (> Estimated Notice to Proceed (> Project Meeting(s) c==i T ask Summary C ity Review * Deliverable Exhib it B Schedule of Performance City of Cupertino De Anza Boulevard Traffic Signal Synchronization Project SCHEDULE <> * Kimley»>Horn PROPOS AL FOR The De Anza Blvd Traffic Signal Synchronization Project PRO JECT NUMBER 2016 -16 Exh ib it C Compen sat ion J. Price Proposal (continued) Weekend Timing T. k S Petrov/ Sukkar/ Cl . 1 Total .as owers W Pe 1 enca H ages op .es ours ·: Task 1 -Project Coordination and Manage ment 1 1 2 4 Task 2 -Da ta Co ll ecti on and Field Obse rvati ons 1 2 10 13 Task 3 -Data Analysis and Exi sting Co nditi ons 1 4 8 13 Task 4 -Sig nal limin g Improvements 1 4 8 13 Task 5 -Impleme ntation of Signal limi ng 8 8 2 18 Task 6 -Eval uation 2 8 10 Notes -The fee estimate for Weekend Tim ing is based on the following services as assumptions : 1) The scope of services will in clude all services as outlined in the Ba se Services Tasks 1-6 . 2) Two (2) weekend peak plans will be developed and imp lemented , one (1) weekend peak and one (1) weekend off-peak plan. 3) Turning movement counts will be collected for two (2) hours at the sixteen (16) intersections on one (1) Saturday during the peak period . Incident Response Timing Task Sowers Petrov/ Sukkar/ Clerical Total Wages Peoples Hours .. " Notes -The fee estimate for Incident Response lim ing is based on the following serv ices as assumptions: 1) Up to four (4) inc ident response timi ng plan s will be developed for the corrid or. The plans will be dev eloped wi th ei the r nort hbound or sou thbound prior ity and consid er either an inc ident on the SR-280 or SR-85 . 2) No traffic count s wi ll be co ll ected for the devel opm ent for the incident res ponse tim ing plans, wi th volum es ass umed fo r each sce nario. 3) Kiml ey-Horn wi ll assis t wit h insta ll atio n of the pl ans in th e sig nal syste m and complete coor di nation diag nos ti cs of t11 e plans . Kimley»> Horn TRT08200 9.16 I City of Cupert ino PROPOSAL FOR Th e De Anza Blvd Traffic Signal Syn chronization Projec t PROJECT N UMB ER 2 0 16-16 J. Price Proposal Below is Kimley-Horn 's Price Proposal for the De Anza Boulevard Traffic Signal Synchron ization Project. The rates are va lid for the duration of the contract , inc lu di ng all contra ct extens ions , and is a fi rm offer to enter into a contract to perform work re lated to this RFP for a per iod of one hundred and tw enty (120) days from the submiss ion of the Proposa l. This pr ice proposal incl udes the level of service to be provided by each staff and /or subconsultant, broken down by task or phase and the corresponding .fees. Task 1 -Project COOrdination and Management 8 4 1 13 Task 2 -Data Collection and Freid Observations ·1 4 16 1 22 Task 3 -OataAnalysls and Existing Conditions 2 10 30 1 43 Task 4 -Signal Tlfiling Improvements 8 12 32 1 53 Task 5 -Implementation of Signal Timing 16 16 8 1 41 Task 6 -Evaluation 2 4 12 1 19 VA RIOUS OPTIONA L SERVICES School Peak Tim i ng -y, k So Petrov/ Sukkar/ Cl . 1 Total . 1as wers enca . Wages Peoples Hours : Task 2 -Data Collection and Reid Observations 2 1 3 Task 3 -Oata Analysis and Existing Conditions 1 1 2 4 Task 4 -Signal liming Improvements 1 2 4 7 Task 5 -Implementation of Signal Timing 2 2 4 Task6 -Evaluation l 2 3 Notes -The fee estima te for School Peak Timi ng is bas ed on the follo wing services as assumptions: 1) Traffic counts will be collect ed at the sixteen (16) pro jec t intersection for one addi tio nal hou r du ring the afternoon sc ho ol peri od . 2) One add itional school tim ing plan will be devel oped for the afternoo n school period and addition al AM period plan wi ll be deve lope d during AM sc hoo l peak , as warrante d by traffic co nditions . 3) "Bef ore " and "Aft er" st ud ies wil l be collec ted durin g t11e afternoon sc hool peak per iod. 4) Fine -tun ing will be com plete d for tile add itiona l afternoon sc hoo l peak plan. City of Cupertino I TRT0 82009. 16 Kim ley»> Horn