Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
83-024 Mohle, Perry & Associates, Traffic Control Device Inventory, Resolution No. 6142; Fuel Efficient Traffic Signal Timing Project, Resolution No. 5972
' Citj of Cupertino 10300 Torre Avenue • P.O.Box 580 Cupertino,California 95014 Cupertino,California 95015 Telephone:(400)252-4505 OFFICE OF THE CITY CLERK August 5, 1983 Mr. A. L. Grover, Vice President Mohle, Perry and Associates A California Corporation 901 E. Imperial Avenue Highway Suite A La Habra, California 90631 • TRAFFIC CONTROL DEVICE INVENTORY Dear Mr. Grover: We are enclosing to you for your files one (1) copy of the Agreement by and between the City of Cupertino and Mohle, Perry and Associates, which has been fully executed by City Officials, along with one (1) copy of Resolution No. 6142, which was enacted by the City Council of the City of Cupertino, at their regular meeting of August 1, 1983. Sincer ly, . i(L DOROTHY CORNELTUS CITY CLERK CITY OF CUPERTINO DC/so encl. cc: Department of Public Works • RESOLUTION NO. 6142 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO • AUTHORIZING EXECUTION OF AGREEMENT WITH MOHLE, PERRY & ASSOCIATES PROVIDING FOR INVENTORY OF TRAFFIC CONTROL DEVICES WHEREAS, the City is desirous of engaging the services of a consultant to prepare an inventory of traffic control devices with the purpose of establishing a data base on the City's microcomputer; and WHEREAS, the firm of Mohle, Perry & Associates is qualified and willing to provide the necessary services; and WHEREAS, an agreement between the City of Cupertino and Mohle, Perry & Associates outlining the terms and conditions of the required services, has been presented to the City Council; and said agreement having been approved by the Director of Public Works and the City Attorney; NOW, THEREFORE, BE IT RESOLVED, that the Mayor and the City Clerk are hereby authorized to execute the agreement herein referred to in behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino, this 7Stday of August , 1983, by the following vote: Vote Members of the City Council AYES: Gatto, Johnson, Rogers, Sparks, Plungy NOES: None - ABSENT: None • ABSTAIN: None ATTEST: APPROVED: • 14117 /s/ Dorothy Cornelius _ 4/ JoI J. P1ung 4 Dorothy Cornelius J.p S. :Plungy, Jr. City Clerk M. or City of Cupertino City of Cupertino CONTRACT NO. THIS AGREEMENT, made and entered into this 1st day of August 1983, at Cupertino, County of Santa Clara, State of California , by and between the CITY OF CUPERTINO, through its duly elected or appointed, qualified and acting City Manager, hereinafter called the Administrator, and MOHLE, PERRY & ASSOCIATES, hereinafter called the Contractor. WITNESSETH: That the Contractor for and in consideration of the covenants , conditions, agreements and stipulations of the Administrator herein expressed, does hereby agree to furnish to the Administrator services and materials, as follows: ARTICLE I - Statement of Work Contractor shall perform an inventory of the Administrator's traffic control devices with the purpose of establishing a data base on the City's microcomputer. In particular, the Contractor will provide video logging services, computer data input and inventory analysis including recommenda- tions for corrective action. Video Logging Video logging services will be provided by Applied Video Services (AVS) under the direction of Mr. Earl Dahme, who will be a subcontractor to Con- tractor. This will comprise the bulk of the field data and a computer linked to the recorder will generate such data as route number, route name, mile post marker, vehicle speed, direction, time, date, etc. Other data will also be provided by the operator on an audio track of the video tape. Contractor will direct this aspect. During the video logging phase, Contractor will be on site periodically to provide proper coordination. Upon completion of the video logging, Contractor will take the video tapes to their. La Habra office for review and data input into the computer inventory program on their own ATEMS computer system. 1 Computer Data Input During this phase , the Contractor will review the video tapes , interpret the data and enter the data into the City' s microcomputer inventory program using Contractor' s recently developed EZFIL program which has already been provided to the City. Before finalizing the data input, the Contractor will make a nighttime field reivew to properly document reflectivity problems . This data will be entered in the computer at the same time the video log is entered. After all data is entered in the inventory program, the Contractor will begin analysis of the signs and markings . Inventory Analysis During this phase there will be extensive computer runs and meetings with City personnel such as the Traffic Engineer, Police representative and maintenance people . The computer runs will provide listings of various categories for engineering analysis such as : o Non-conforming signs and markings o Reflectivity problems o Wrong size signs o Graffiti problems o Sight distance problems o Channelization problems o TCD deficiencies The existing City inventory program allows for these types of listings and professional staff will review such data in order to develop and pre- pare a final report which will include recommendations for corrective actions as well as a maintenance program for future operations . Of course, these recommendations will consider input from the various meetings with City personnel . Some of the typical recommendations to be expected are as follows : o Sign replacement o Sign/marking removal o Tree trimming for sight distance o Reflectivity upgrades The analysis and recommendation phase will require extensive traffic 2 engineering time and several (four to five) trips to Cupertino from La Habra. The Contractor will provide all reports required by the Office of Traffic Safety including quarterly reports and a final report. The final report will summarize all phases of the project and include operational procedures for continuing use of the City's inventory program. ARTICLE II - Costs The Contractor shall be reimbursed for project expenses based on the detailed cost estimate attached as Exhibit "A." Personnel costs shall be invoiced according to the Contractor's actual hourly rate schedule in effect at the time of work completion, but the subtotal for personnel costs shall not be exceeded. ARTICLE III - Cost Limitation Total expenditures made under this contract shall not exceed the sum of $24,491 .50. ARTICLE IV - Method of Payment The Contractor will be reimbursed for costs incurred in the performance hereof as are allowable under the provisions of Part I-15 of the Federal procurement Regulations. The Contractor shall be reimbursed monthly in arrears based upon the estimated percentage of work completed. Contractor shall submit invoices in duplicate and addressed to the Administrator. The Administrator shall retain ten percent of the billings, which retention shall be paid to Contractor together with final payment, upon acceptance by the Administrator and the California Office of Traffic Safety of the satisfactory final report. ARTICLE V - Subcontracting • Contractor shall not be permitted to subcontract any portion of this 3 contract except the video logging services without the express written consent of the Administrator. ARTICLE VI - Completion Date Contractor shall complete all portions of the work on or before September 30, 1983. ARTICLE VII - Reports Contractor shall furnish monthly reports as to the progress of the study or upon demand by the Administrator or the Office of Traffic Safety. A final report in draft form shall be provided the Administrator and the Office of Traffic Safety thirty days prior to contract termination for review, recom- mendations and approval by both parties prior to the Contractor furnishing ten printed copies of the approval final report. Final report is due thirty days after project completion. Costs incidental to the report' s preparation or delivery that are incurred subsequent to the termination date of the project are not allowable . ARTICLE VIII - Publication A. Contractor shall not be authorized to copyright the final report without written approval from the Administrator and the Office of Traffic Safety. Contractor shall also be prohibited during the term of the contract from copyrighting any papers , interim reports, forms or other material which is a part of the work under the contract. B. Publication rights to any documents produced are to be reserved to the Administrator and the Office of•Traffic Safety. C. All reports published by the Contractor shall contain the following • statement on the credit sheet: "The opinions, findings and con- clusions expressed in this publication are those of the authors and not necessarily those of the Office of Traffic Safety, the National Highway Traffic Safety Administration or the Federal 4 Highway Administration." D. Both written and oral releases are considered to be within the context of publication. However, there is no intention to limit discussion of the study with small technical groups or lectures to employees or students. Lectures to other groups which describe the project but disclose neither data nor results are permissible without advance approval . E. All reports shall contain the following credit line: "In cooperation with State of California, Business, Transportation and Housing Agency, Office of Traffic Safety, the U. S. Department of Transportation, National Highway Traffic Safety Administration and Federal Highway Administration." ARTICLE IX - Project Inspection The Office of Traffic Safety, the National Highway Traffic Safety Administration, the Federal Highway Administration and the Administrator may review and inspect the Contractor's activities during the progress of the program. ARTICLE X - Accounting Records Contractor must maintain accounting records and other evidence pertaining to costs incurred which records and documents shall be kept available at the Contractor' s California office during the contract period and thereafter for three years from the date of final payment of Federal funds hereunder. ARTICLE XI - Ownership of Data All data, maps, photographs and other material collected or prepared under the contract shall become the joint property of the Administrator and the Office of Traffic Safety. 5 ARTICLE XII - Contract Termination This contract may be terminated at any time for breach and Administrator may terminate unilaterally and without cause upon thirty days written notice to the Contractor. All work performed pursuant to the contract and prior to the date of termination may be claimed for reimbursement. ARTICLE XIII - Assignability Contractor shall not assign or transfer interest in this contract with- out the prior written consent of the Administrator and the Office of Traffic Safety. ARTICLE XIV - Amendment It is mutually understood and agreed that no alteration or variation of the terms of this contract, or any subcontract requiring the approval of the Administrator and/or the Office of Traffic Safety, shall be valid unless made in writing, signed by the parties hereto and approved by all necessary parties . ARTICLE XV - Non-Solicitation Clause "The Contractor warrants that he has not employed or retained any company or persons, other than a bona fide employee working solely for the Contractor, any fee, commission, percentage, brokerage fee, gifts or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the State shall. have the right to annul this contract without liability, or, in its dis- cretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee." 6 ARTICLE XVI - Equal Opportunity Assurance During the performance of this contract, the Contractor agrees as follows: A. The Contractor will not discriminate against any employee or appli- cant for employment because of race, sex, creed, color or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, sex, creed, color or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruit- ment or recruitment advertising; layoffs or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non- discrimination clause . B. The Contractor will , in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, sex, creed, color or national origin. C. The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or contract or understanding, a notice advising the labor union or worker' s representative of the Contractor's commitments under this nondiscrimination clause and shall post copies of the notice in conspicuous places available to employees and applicants for employ- ment. D. The Contractor will permit access to his books , records and accounts by the applicant agency, the State, the Federal Highway Administra- tion and/or the National Highway Traffic Safety Administration for purposes of investigation to ascertain compliance with this non- discrimination clause. E. In the event of the Contractor's noncompliance with the nondiscrim- ination caluses of this contract, this contract may be canceled, 7 terminated or suspended in whole or in part. Executed on this 4th day of August , 1983 at Cupertino, California. CITY OF CUPERTINO, a municipal corporation by, I ",. 1' Ai eil or / / / / MOHLE, PERRY & ASSOCIATES, a California co '.�oration by es //moi CrrrEver, 'Vice President ATTEST: /� by / , / ��� City Clerk (SEAL) APPROVED AS TO FIRM: by .—.47. . � Arty ft orney/ 8 EXHIBIT "A" MPA DETAILED COST ESTIMATE DIRECT LABOR HOURS RATE TOTAL Principal 50 $25 .00 $1 ,250 Project Manager 100 21 .00 2,100 Project Engineer 100 15.00 1 ,500 Transportation Analyst 175 13.00 2,275 Clerical 20 13.00 260 $ 7,385 .00 OTHER COSTS Video Logging Subcontract $6,400 Travel & Per Diem 995 Computer Supplies 100 7,495 .00 OVERHEAD 100% x Direct Labor 7,385 .00 FEE @ 10% 2,226.50 TOTAL $24,491 .50 Po#cy Na sMP_ MP52-3395 - • Programs OFFICE- Dated. 7/27/83mm. Name oftisured" 'MOHLE—PERRY AND ASSOCIATES,A INC. Policy Period 12/11/81 to 12/11/84 s. Agency DIAMOND BAR INS. AGENCY #12764 c Endorsement Effective 6-27-83 It is agreed that: , (a) The policy is amended as follows:, - • ADDING ADDITIONAL INSURED PER FORMS GL2009(1-73) AME VA'CORC `2 AND 2060(6-80) ATTACHED. 3 � � ��,• t� (b) With respect to those coverages and kinds of property for which a specific limit of liability is shown,t•eju 'It o'f•1,hCompans Ho {Lfoll be changed to read as stated in the Limits of Liability columns herein. Such limits are in,lieu of the Limits of Liabillt stated in the policy an not' addition thereto. SECTION I-PROPERTY COVERAGE , r Loc..No. Bldg. No. Loc. No. Bldg. No. Lac. No. Bldg. No. Coins. COVERAGE New Amount Old Amount New Amount Old Amount New Amount Old Amount % $ $ $ $ $ $ Building(s) $ $ $ $ $ $ Personal Property - . $ $ $ $ $ $ Add'I.Coy. (specify) Annual Premium Old $_- New$ Due Now: Add,Prem.: $ .Return Prem.:$ - SECTION II-LIABILITY COVERAGE. LIMIT OF LIABILITY COVERAGE $ each occurrence $ aggregate Bodily Injury and Property Damage Liability,Combined Single Limit $ each occurrence $ aggregate Bodily Injury $ each occurrence $ aggregate Property Damage $ each person $ each accident Premises Medical Payments nearne COVERAGE CLASS CODE RATE E%POSURE. ❑ ANNUAL.- ❑ 3 YEAR PREMIUMS USR/PR d 0 Additional Premium Old Premium New Premium Difference Factor ❑Return Premium $ $ $ $ Annual Premium Old$' New$ Due Now:Add'I Prem.: $ Return Prem.:$ _ PREMIUM RECAPITULATION Due at Endorsement Effective Dote: Net Additional Premium Nel Return Premium . $ $ Premium adjustment if the Premium is payable in annual Installments.(Excluding Auto).Premium Is subject to annual adjustment In accordance with the provision of the policy. Dotes Due Original Installments Increase Decrease Revised Installments • $ $ $ $ $ $ $ $ TOTAL provisional premium to Policy Expiration $ $ Accepted by Insured Accepted by �' "l S - Agent Insured's Signature !! Agent's Signature Il�,,Unigard-.1nsurance Group 1890EV41041F -8SPECIAL MULTI-PERIL CHANGE ENDORSEMENT ©1 • , 7 • • ♦ •♦ •♦• • V. o _ Certificate of Insurance cicora y THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS,NO RIGHTS UPON THE CERTIFICATE HOLDER. U THIS CERTIFICATE DOES.NOT AMEND, EXTEND OR ALTER.11E COVERAGE AFFORDED BY THE POLICIES LISTED BELOW-. NAME AND ADDRESS OF AGENCY DIAMOND BAR INSURANCE SERVICES COMPANIES AFFORDING COVERAGES A SUBSIDIARY OF THE EMPIRE CO. • 2147 S. BREA CANYON ROAD COMPANY A UNIGARD MUTUAL INSURANCE COMPANY DIAMOND BAR, CA 91765 COMPANY B LETTER NAME AND ADDRESS OF INSURED MOHLE-PERRY AND ASSOCIATES, INC. COMPALETTER C 901 E. IMPERIAL HIGHWAY. LAHABRA CA 90631 COMPALETTER D "AMENDED" E " A policy period indicated. This is to certify that policies of insurance listed below have been Issued to the insured named above a )( SrYdregg iHnV. Notwithstanding any requirement,term or condition of any contract or other document with respect to which this certificate may be issued or may pertain,the insurance afforded by the policies described herein is subject to all the terms,exclusions and conditions of such policies. COMPANY POLICY Limits of Liability in Thousands(000) LETTER TYPE OF INSURANCE POLICY NUMBER X%XIXKXx)OXX EACH AGGREGATE PERIOD OCCURRENCE GENERAL LIABILITY BODILY INJURY S S • ®COMPREHENSIVE FORM ®PREMISES-OPERATIONS PROPERTY DAMAGE S $ ❑ EXPLOSIONAND COLLAPSE 12-11-82 A ❑ HAZARD MP52-3395 - to UNDERGROUND HAZARD ❑PROPERTIONSMPLETED HAZARD 12-11-83 BODILY INJURY AND D CONTRACTUAL INSURANCE PROPERTY DAMAGE S S ❑BROAD FORM PROPERTY COMBINED 1 ,000 1 ,000 IM DAMAGE IMINDEPENDENT CONTRACTORS ❑ PERSONAL INJURY PERSONAL INJURY S x BFCGL AUTOMOBILE LIABILITYBODILY INJURY • (EACH PERSON) $ © COMPREHENSIVE FORM BODILY INJURY S ©OWNED 12-11-82 (EACH ACCIDENT) A © HIRED MP52=3395 . to PROPERTY DAMAGE S 12-11-83 BODILY INJURY AND ❑ NON-OWNED12-11-83DAMAGE $ COMBINED 500 • EXCESS LIABILITY BODILY INJURY AND ❑ UMBRELLA FORM PROPERTY DAMAGE $ S ❑ OTHER THAN UMBRELLA COMBINED - FORM WORKERS'COMPENSATION 1-1-83 STATUTORY A and WC16-2716-83 to 1 EMPLOYERS'LIABILITY 1-1-84100,000JCHACCWENn - OTHER • DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES FUEL EFFICIENCY TRAFFIC SIGNAL MANAGEMENT STUDY JOB COST - $30,595 THIS CERTIFICATE AMENDS AND SUPERCEDES PREVIOUS ONE DATED 6/27/83. Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing corn- , pany will endeavor to mail 30 days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER: CITY OF CUPERTINO DATE ISSUED' 7/27/83mm 10300 TORRE AVE CUPERTINO CA 95014 - /� c ATTN: CITY CLERK / et- -t.{" ;S:„-C, AUTHORIZED REP ENTATIVE - ACORD 25(1-79) a 1 GL 20 09 (Ed. 01 73) Thjs endorsement forms a part of the policy to which attached,effective on the incebtion date of the policy unless otherwise stated herein. (The following information is required.only when this endorsement is issued subsequent to preparation of policy.) Endorsement effective 6/27/83 Policy No. MP52-3395 Endorsement No. 3 Named Insured NOBLE-PERRY AND ASSOCIATES, INC. Additional Premium$ INCL. Countersigned by DIAMOND BAR INS. AGENCY #12764 (Authorized Representative) This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the following: COMPREHENSIVE GENERAL LIABILITY INSURANCE MANUFACTURERS AND CONTRACTORS LIABILITY INSURANCE ADDITIONAL INSURED (Owners or Contractors) Schedule Name of Person or Organization (Additional Insured) Location of Covered Operations CITY OF CUPERTINO Premium Bases Rates Advance Premium Bodily Injury Liability Cost I NCL $100 of cost $ Property Damage Liability Cost INCL $100 of cost $ Total Advance Premium $ INCL It is agreed that: 1. The "Persons Insured" provision is amended to include as an insured the person or organization named above(hereinafter called "additional insured"), but only with respect to liability arising out of (1) operations performed for the additional insured by the named insured at the location designated above or(2)acts or omissions of the additional insured in connection with his general supervision of such operations. 2. None of the exclusions of the policy,except exclusions(a),(c),(f),(g),(i),(j)and(m),apply to this insurance. 3. Additional Exclusions This insurance does not apply: (a) to bodily injury or property damage occurring after (1) all work on the project(other than service,maintenance or repairs)to be performed by or on behalf of the additional insured at the site of the covered operations has been completed or (2) that portion of the named insured's work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project; (b) to bodily injury or property damage arising out of any act or omission of the additional insured or any of his employees, other than general super- vision upervision of work performed for the additional insured by the named insured; (c) to property damage to (1) property owned or occupied by or rented to the additional insured, (2) property used by the additional insured, (3) property in the care, custody or control of the additional insured or as to which the additional insured is for any purpose exercising physical control,or (4) work performed for the additional insured by the named insured. 4. Additional Definition When used in reference to this insurance,"work"includes materials,parts and equipment furnished in connection therewith. GL 20 09 01 73 7/27/83mm • - " ENDORSEMENT Unigard ,Insurance Group POLICY NUMBER MP52-3395 ENDORSEMENT EFFECTIVE 6/27/83 INSURED MOHLE-P.ERRY AND ASSOCIATES INC. IT IS AGREED THAT AS RESPECTS AN ADDITIONAL INSURED SCHEDULED ON ENDORSEMENT GL2009(ED 1-73) THAT THE INSURANCE AFFORDED BY THIS POLICY SHALL BE PRIMARY AND NON-CONTRIBUTING WITH ANY OTHER INSURANCE AVAILABLE AS LONG AS PROVISIONS OF ENDORSEMENT GL2009(ED 1-73) ARE COMPLIED WITH. This endorsement is subject to the exclusions, conditions and other terms of the policy which are not inconsistent herewith. n �� 7/27/83m DIAMOND BAR INSURANCE AGENCY #12764 AGENT 2060 EDITION 2.69 110190 REV 680 • RESOLUTION NO. 597Z A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING FUEL EFFICIENT TRAFFIC SIGNAL MANAGEMENT PRO- GRAM GRANT APPLICATION WHEREAS, the City of Cupertino recognizes that it is in the interest of the national economy to promote the conservation of energy resources and to reduce our nation's dependence on costly foreign oil; and, WHEREAS, fuel efficient traffic signal management by the City of. Cupertino will provide benefits to the local community in the form of improved traffic flow, reduced fuel consumption, reduced vehicle operating costs, reduced air pollutant emissions, and improved safety due to smoother flow; and WHEREAS, funds have been established and are available through the California Energy Commission for grants to local governments for efficient traffic signal management projects; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cuper- tino authorizes the submittal of an application to the California Energy Commission for a grant and the Mayor and the City Clerk,of the_City of Cupertino are hereby- authorized and empowered"to execute in the_ name of the-Cify of Cupertino, all necessary applications, contracts, and 'agre_ements to implement-and`carry out the purposes specified in this resolution. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 1st day of November , 1982 by the following vote: Vote Members of the City Council AYES: Johnson, Plungy, Rogers, Sparks, Gatto • NOES: None ABSENT: None ABSTAIN: None APPROVED: /s/ John Gatto Mayor, City of Cupertino ATTEST: /s/ Dorothy Cornelius . City Clerk CITY OF CUPERTINO PUBLIC WORKS • JUN 241983 AGREEMENT BETWEEN THE CITY OF RECEIVED, CUPERTINO AND MOHLE, PERRY & ASSOCIATES FOR FUEL EFFICIENT TRAFFIC SIGNAL TIMING PROJECT THIS AGREEMENT is made in the City of Cupertino between the CITY OF CUPERTINO, a municipal corporation, hereinafter referred to as "City," and MOHLE, PERRY & ASSOCIATES, a California corporation , hereinafter referred to as "Consultant." RECITALS WHEREAS, City recognizes that it is in the interest of the national economy to promote the conservation of energy resources and to reduce our nation' s dependence on costly foreign oil ; and WHEREAS, fuel efficient traffic signal management within the City will provide benefits in the form of improved traffic flow, reduced fuel consumption, reduced vehicle operating costs , reduced air pollutant emissions and improved safety due tosmoother flow; and WHEREAS, funds have been made available through the California Energy Commission for grants to local governments for fuel efficient traffic signal management projects; and WHEREAS, City has received a grant from the California Energy Commission under the Fuel Efficient Traffic Signal Management Grant Program; and WHEREAS, City desires to retain a qualified engineering firm to conduct the studies and analyses necessary for optimization of traffic signal timing as specified in the grant program; and WHEREAS, Consultant is qualified, competent and duly licensed to provide the consultant services required by City in accordance with the grant program; NOW, THEREFORE, the parties mutually agree as follows : Section 1 . GENERAL. City engages Consultant to perform the services specified herein and Consultant agrees to perform the services on the terms and conditions set forth. 1 Section 2. SCOPE OF CONSULTANT SERVICES. The scope of Consultant services involves analyses of traffic signal timing and implementation under the Fuel Efficient Traffic Signal Management Program at 30 inter- sections along three crossing arterials (Stevens Creek Boulevard, Wolfe Road and De Anza Boulevard) and shall include, but not be limited to, the services outlined in Exhibit "A" - Scope of Work. Section 3. OBLIGATION BY CITY. City shall cooperate with Consultant in performing its functions under this agreement and will make available to Consultant all City files, records and other information necessary for performing its functions . Section 4. OWNERSHIP OF RECORDS AND DATA. All reports developed by Consultant and all other information developed in this project shall be the property of City. Section 5 . COMPENSATION. Upon completion to the satisfaction of the City of all tasks set forth herein, City shall pay Consultant the reasonable value of services rendered, provided in no event shall the amount exceed Thirty Thousand Five Hundred Ninety-Five Thousand Dollars ($30,595) . Consultant shall furnish the City monthly billings of the services performed during the preceding calendar month and if the services in such billing have been completed to the satisfaction of the City, City shall make payment of the amount billed within thirty (30) days thereafter. Section 6. PERSONAL SERVICES AGREEMENT. All functions and services of Consultant under this agreement shall be under the supervision of a principal of Consultant to be approved by City. Section 7. CHANGES IN WORK. City shall retain the right to change the services of Consultant prior to or during performance of this agree- ment. If the changes are of a minor nature , or if the changes are required through mistakes or negligence of the Consultant, Consultant shall perform the changes without additional compensation. Any services requiring additional compensation shall require prior written approval by City. Section 8. NOTICE. Whenever notice is required under this agreement, such notice shall be addressed to City of Cupertino or to Mohle , Perry & Associates, 901 East Imperial Highway, Suite A, La Habra, California 90631 . 2 • Section 9. INSURANCE. Consultant shall provide the following insurance in a form satisfactory to the City Attorney: (a) Comprehensive Liability Insurance in the amount of One Million Dollars ($1 ,000,000) . • (b) Worker's Compensation Insurance as required by law. Section 10. TIME OF PERFORMANCE . Consultant shall immediately commence performance of services under this agreement upon written notifi- cation by City to proceed and shall promptly and expeditiously complete all services within the time schedule set forth by the California Energy Commission. Section 11 . INDEPENDENT CONTRACTOR. At all times during the per- formance of services under this agreement, Consultant shall be an independent contractor and shall not be an employee of City. Section 12. CITY LIAISON. The ; City Engineer or his authorized representative shall coordinate , on behalf of the City, the services required of Consultant under this agreement. Section 13. FAIR EMPLOYMENT PRACTICES - EQUAL OPPORTUNITY ACTS. In the performance of this agreement, Consultant shall comply with all applicable provisions of the California Fair Employment Practices Act and applicable equal employment provisions under the Civil Rights Act of 1964, whichever is more restrictive . Section 14. TERMINATION. This agreement, may be terminated by City at any time by giving ten (10) days' written notice to Consultant. Upon such termination, Consultant shall immediately cease all work and transmit to City all records , materials , information or data acquired in performance of services prior to date of termination. Consultant will be compensated for the reasonable value of any services which were performed by Consultant prior to the termination. Section 15. EXTENT OF THIS 'AGREEMENT. This agreement represents the entire and integrated agreement between City and Consultant and supersedes any and all prior negotiations , representations or oral agreements . This agreement may be amended only by written instrument signed by City and Consultant. 3 • STATE OF CALIFORNa A COUNTY OF r�-..—rv_ }SS. f� tp H On \c a.A r+-I ( I r't p before me, FOR NOTARY STAMP • - the undersigned,a Notary Public in and for said County and State,person- - ally appeared R . 1-- Cir O.1 C c OFFICIAL SEAL ❑ personally known to me a proved to me on,the basis of satisfactory 1r ALICE M [iONADURER al NOTARY PUBLIC-CALIFORNIA u evidence to be the person whose name 1 S subscribed to the + •rrORANGE COUNTY 4 within instrument and acknowledged that 1,. tk. executed the same. i _ My comm. expires JUL 11, 1983 I y Notary's Signature R 1 t c -2 Yr• Y\cC*t.,.w--c(C \ MS-44(6/82) • Executed on this j/-4'day of June 1983 at Cupertino , California . CITY OF CUPERTINO, a municipal corporation • by 547( Mayo MOHLE, PERRY & ASSOCIATES, a California corporation AL by / — ' L. G .ver, Vice President ATTEST; by City Clerk (SEAL) APPROVED AS TO FORM. BY �I l City Atto ne, Notary Acknowledgment required for. signatures • 4 STATE OF CALIFORNIA ) ss. COUNTY OF SANTA CLARA) • On this day of day of in the year of , before me personally appeared • personally known to me (or proved to me on the basi- of satisfactory evidence) to be the person whose name is subscribed to this 'nstrument, and acknowledged that he (she or they) executed • . WITNESS my hand and offici. seal. Wtary Public in and for the County .f anta Clara, State of California CORPORA' ON ACKNOWLEDGEMENT STATE OF CALIFORNIA ) s . COUNTY OF SANTA CLARA) On this day of day of in the year of , before me personally appeared • personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as president (or secretary) or on behalf of the corporation therein named and acknowledged to me that the corporation executed it. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the County of Santa Clara the day and year in this certificate first above written. Notary Public in and for the County of Santa Clara, State of California EXHIBIT A • SCOPE OF WORK SYSTEM • The traffic interconnect system is a Multisonics VMS 220 system that features, among other things, up to 512 patterns or timing plans, 512 cycle lengths, 10 vehicle splits, 10 pedestrian splits, 10 offsets, full detector monitoring, speed monitoring, real-time split monitoring, loss of signal coordination and phase sequence changes. All of the signals on this system are fully actuated with pedestrian intervals. Four (4) of the thirty (30) existing and future signals do not have protected left turns, two (2) of which will be modified in the future to provide for them. NETWORK The existing traffic interconnect network consists of three arterials, Stevens Creek Boulevard, DeAnza Boulevard and Wolfe Road cross Stevens Creek Boulevard. There are twenty seven (27) intersections online with three (3) more planned for the near future. Five (5) sub-networks can be identified for study due to the unique operating characteristics of the three (3) arte- rials in the system. The sub-networks are divided into groups as follows: SUB-NETWORK INTERSECTIONS 1 • 1 thru 5 and 26 2 26 and 6 thru 9 3 10 thru 13 4 21 thru 29 5 41 thru 45 and 10 These were selected due to the volumes of traffic turning onto and off of the arterials during peak hours. SCOPE OF WORK The Consultant shall review and, if necessary, edit the data base for twenty-seven (27) existing and three (3) future intersections. Based on certain information provided by the City listed below and information provided by the Consultant, the Consultant shall provide all of the services required to perform the following tasks for up to thirty (30) intersections on three (3) crossing arterials and two spur segments of one (1) and two (2) intersections each. TASK ill - DETECTOR GEOMETRICS Based on City provided information on detector location, type and phases served the Consultant shall review and edit or set detector geometric for up td thirty (30) intersections. The Consultant shall provide rationale for the settings selected and explain in writing the effects of setting above and below those selected. TASK #2 - CONSTANTS The Consultant shall provide all information necessary to edit the constants and shall provide rationale for the settings selected and explain in writing the effects of settings above and below those selected. -1- TASK #3 - OPTIONS The Consultants shall provide all information necessary to edit the options, provide rationale for selected settings and consult with the City's Traffic Engineer for significant events to log or report. TASK #4 - CYCLE OPTIMIZATION The Consultant shall provide all information necessary to edit existing cycle optimization sets and set as many new sets as may be required to support the complete data base. The Consultant shall provide rationale for the number of sets provided, the settings and the effect of various settings. TASK 415 - OPTIMIZATION TO ESTABLISH COORDINATION DATA AND PATTERN DATA The Consultant shall utilize the City's microcomputer and programs or a satisfactory system as a substitute in order to accomplish the following sequential calculations and optimization routines. A. WEBSTERS CYCLE AND SPLIT CALCULATIONS Using the City's C.A.P.S.S.I. program, optimum intersection cycle length and splits shall be determined for each time period for each intersection. Traffic counts will be provided by the Consultant and verified by system detec- tors for AM, noon and PM peak periods. System detectors will be used to compile the required counts for off peak morning, afternoon and nighttime traffic condi- tions. The Consultant shall operate the VMS 220 in order to obtain these volume reports. B. IDENTIFY GROUPS Based upon street system characteristics, cycle length, geographic location and traffic patterns, intersections shall be grouped by the Consultants into secondary groups. C. PRELIMINARY SIGNAL TIMING (OPTIONAL) If needed, the Consultant may use the City's Passer II program to refine and optimize cycle ranges to an optimum cycle length for each condition. Phase sequence and optimum offset can be evaluated at this level and utilized with the optimum cycles as input data to the Transyt 7F optimization program. D. OPTIMIZED SIGNAL TIMING Transyt 7F will be used to determine subsystem signal timings for each re- quired period. In the case of the crossing arterials, DeAnza Boulevard and Stevens Creek Boulevard, timing patterns will provide for sync-phases to be on DeAnza Boulevard and fixed phases to be on Stevens Creek Boulevard. In the case of the crossing arterials, Wolfe Road and Stevens Creek Boulevard, timing patterns will provide for fixed phases to be on Stevens Creek Boulevard and sync-phases to be on Wolfe Road. The system shall be optimized to minimize the number of stops at the intersections. TASK•#6 - COORDINATION DATA The Consultant will set or edit the coordination data establishing sync phases, fixed phases, offsets, vehicle and ped splits (10 each) from data derived from Task #5 for up to thirty (30) intersections. The City will provide pedestrian minimums and yellow timing information for this task. TASK #7 - PATTERNS The Consultant shall establish timing patterns to allow for "stepping" of cycle lengths through the AM peak, midday peak, and PM peak hours. The Consultant shall establish morning, afternoon, and nighttime average offset patterns that accomodate traffic at those times. Information required shall be derived from Tasks 5 and 6 and from the detector and split monitors. TASK #8 - T.I.C. (Time or Traffic Implemented Commands) The Consultant shall set or edit the number of time of day implemented commands as is necessary to support at least eight (8) traffic patterns daily for weekday traffic. Those patterns are tentatively identified in Task #7. The Consultant shall also set traffic implemented calculating commands for the same patterns to be implemented on the basis of volume, speed and occupancy and shall describe the formulas used and how these formulas would function when various parameters of them are changed. • TASK 1F9 - QUARTERLY AND FINAL REPORTS The Consultant shall document the efforts in quarterly reports and a final report suitable for submittal to the Energy Commission and the City Council. THE CITY SHALL PROVIDE THE FOLLOWING DATA: A. Intersection Data (City provided) 1. Contract Plans or Diagrams. 2. Controller Type 3. Phasing Sequences. 4. Initial Control Settings (Vehicle and Pedestrian) 5. Pedestrian Minimums. 6. Saturation Flow Rates for each Movement. B. System Data 1. 200 scale aerial photography of the corridors. 2. Link distances. 3. Link Speeds - Radar (50th and 85th Percentile Speeds) . 0I r • , • _ _ _ • _ _ r • • r • A' Certificate of Insurance. =rats G THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON TRE CERTIFICATEI HOLDER. o THIS CERTIFICATE. DOES NOT'AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW, NAME AND ADDRESS OF AGENCY DIAMOND BAR INSURANCE SERVICES COMPANIES AFFORDING COVERAGES A SUBSIDIARY OF THE EMPIRE CO, - _ 21' 7 S. BREA CANYON ROAD COMPALETTER A UNIGARD MUTUALL91 I� Ict, DIAMOND BAR, CA 91765 COMPANY �u+;� p (71/) 598-1P06 LETTER S Af�,f' � ,i!i„t N • c_ NAME AND ADDRESS OF INSURED COMPANY ` vIlul:�JluL) V IA MOHLE-PERRY AND ASSOCIATES, INC . LETTER 90i. E . IMPERIAL HIGHWAY JUL4�V....-5 COMPANY LA HABRA, CA 90531 LETTER C!TY a ERit COMPANY E IJ LETTER This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this lime. Notwithstanding an qui rtreptiter ied'••n of any contract or other document with respect to which this certificate may be Issued or may pertain,the Insurance afforded by the policies descri••• •erkkidd Iasdbj r =I the terms,exclusions and conditions of such policies. COMPANY POLICY Limits of Liability in Thousands(000) LETTER TYPE OF INSURANCE POLICY NUMBER EXPIRATION DATE EACH AGGREGATE OCCURRENCE GENERAL LIABILITY BODILY INJURY $ $ ©COMPREHENSIVE FORM o A El PREMISES-OPERATIONS MP52 3395 12-1.1--82 PROPERTY DAMAGE $ $ • ❑ EXPLOSION AND COLLAPSE to HAZARD p ❑UNDERGROUND HAZARD 1.2-1,1,-83 0 PRODUCTS/COMPLETED - OPERATIONS HAZARD BODILY INJURY AND CONTRACTUAL INSURANCE RPROPERTY DAMAGE f 1 OII� 000 ' , , , BROAD FORM PROPERTY COMBINED \J DAMAGE 13 INDEPENDENT CONTRACTORS Q PERSONAL INJURY PERSONAL INJURY f x BFCGL AUTOMOBILE LIABILITY BODILY INJURY (EACH PERSON) $ A ©COMPREHENSIVE FORM BODILY INJURY $ ®OWNED MP52 33 95 12-1.1-82 (EACH ACCIDENT) • PROPERTY DAMAGE S ®HIRED t® BODILY INJURY AND ©NON-OWNED 12_11 _83 PROPERTYCDAMDAMAGE $ 500 P, EXCESS LIABILITY BODILY INJURY AND 0 UMBRELLA FORM PROPERTY DAMAGE $ f 0 OTHER THAN UMBRELLA COMBINED FORM WORKERS'COMPENSATION STATUTORY • A and WC 16 2 -16-83 -1 '1-83 to - EMPLOYERS'LIABILITY 1-1__84;_ $ 1.00,000 IE/CH ACCIDEND OTHER DESCRIPTION OF OPERATIONSAOCATIONSNEHICLES f2 FUEL EFFICIENCY TRAFFIC SIGNAL MANAGEMENT STUDY JOB COST - $30,595 • CERTIFICATE HOLDER IS ADDITIONAL INSURED Cancellation: Should any of the above descrittd policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail — days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability ofany kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER: 5-27-83 _ CITY OF CUPERTINO DATE ISSUED: ! J 10300 TORRE AVE. CUPERTINO CA 9501.4 i� ATTN: CITY CLERR (� >CY AUTHORIZED REPRES TATIVE ACORD 25(1-79) a • llrngard • ENDORSEMENT ;Insurance Group POLICY NUMBER MP52-3395 ENDORSEMENT EFFECTIVE 6-27-R3 • INSURED MOHLE—PERRY AND ASSOCIATES, INC. IT IS AGREED THAT AS RESPECTS AN ADDITIONAL INSURED SCHEDULED ON ENDORSEMENT GL2009CED 01-73) THAT THE • INSURANCE AFFORDED BY THIS POLICY SHALL BE PRIMARY AND NON—CONTRIBUTING WITH ANY OTHER INSURANCE AVAILABLE SO LONG AS PROVISIONS OF ENDORSEMENT GL2009CED 01-73) ARE COMPLIED WITH. • • This endorsement is subject to the exclusions, conditions and other terms of the policy which are not inconsistent herewith. - ; exEa AGENT a f ., . 2060 EDITION 2.69 ' 110190 REV 080 • .ti �_ i GL 20 09 f t ) ]t� (Ed. 01 73) This endorsement forms a part of the policy to which attached,effective on the inception date of the policy unless otherwise stated herein. (The following information is;equired only when this endorsement is issued subsequent to preparation of policy.) Endorsement effective 6—27—83 Policy No. MP52-3395 Endorsement No. 'Named Insured MOHLE—PERRY AND ASSOCIATES, INC. • Additional Premium$ i:rfl Countersigned by DIAMOND BAR iNS AGFNCY f12764 (Authorized Representative) Ibis endorsement modifies such insurance as is afforded by the provisions of the policy relating to the following: COMPREHENSIVE GENERAL LIABILITY INSURANCE MANUFACTURERS AND CONTRACTORS LIABILITY INSURANCE ADDITIONAL INSURED (Owners or Contractors) • r' Schedule Name of Person or Organization (Additional Insured) Location of Cowered Operations CITY OF CUPERTINO Premium Bases Rates Advance Premium Bodily Injury Liability $30s INCL.595 .00 Cost $100 of cost a Property Damage Liability Cost $100 of cost $ j INCL. Total Advance Premium $ f INCL. It is agreed that. 1. The"Persons Insured" provision is amended to include as an insured the person or organization named above(hereinafter called "additional insured"), but only with respect to liability arising out of (I) operations performed for the additional insured by the named insured at the location designated above or(2)acts or omissions of the additional insured in connection with his general supervision of such operations. 2. None of the exclusions of the policy,except exclusions(a),(c),(f),(g),(i),(j)and(m),apply to this insurance. • 3. Additional Exclusions This insurance does not apply: • (a) to bodily injury or property damage occurring after (1) all work on the protect(other than service,maintenance or repairs)to be performed by or on behalf of the additional insured at the site of the covered operations has been completed or j " (2) that portion of the named insured's work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of thesame project; (b) to bodily injury or property damage arising out of any act or omission of the additional insured or any of bis employees,other than general super- vision of work performed for the additional insured by the named insured; (c) to property damage to (1) property owned or occupied by or rented to the additional insured. (2) property used by the additional insured, • (3) property in the care, custody or control of the additional insured or as to which the additional insured is for any purpose exercising physical control,or (4) work performed for the additional insured by the named insured. 4 Additional Definition When used in reference to this insurance,"work"includes materials,parts and equipment furnished in connection therewith. GL 20 09 01 73