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99-137 Zumwalt Engineering for project management services with Homestead Rd. and Tantau Ave Corridors Traffic Signals Upgrade Project ZEG;4 ACCOUNT NO. 420-9527-7014 PURCHASE ORDER NO. �l AGREEMENT THIS CONSULTANT AGREEMENT, made and entered into this 7th, day of September , 1999, by and between the CITY OF CUPERTINO, a municipal corporation of California, hereinafter referred to as"CITY", and`Zumwalt Engineering Group, a`con'sulting firm with offices at 2680 Bishop Drive, Suite 150, San Ramon, California 94583, hereinafter referred to as"CONSULTANT"; WITNIESSETH: WHEREAS, CITY desires to retain project management services in conjunction with Homestead Road and Tantau Avenue Corridors Traffic Signals Upgrade Project; and WHEREAS, CITY desires to engage.CONSULTANT to provide these services by reason of its qualifications and experience for performing such services, and CONSULTANT has offered to provide the required services on the terms and in the manner set forth herein; NOW, THEREFORE, in consideration of their mutual covenants,the parties herein agree as follows: I. DEFINITIONS: (a) The word "City" as used in this agreement shall mean and include all the territory lying within the municipal,bodndaries of the City of Cupertino, California, as presently existing, plus all territory which may be added thereto during the term of this agreement by annexation or otherwise. (b) The term "City Manager" shall mean the duly appointed City Manager of the City of.Cupertino, California, or his/her designated.representative. (c) The term "City Attorney" shall mean the duly appointed City Attorney of the City of Cupertino, California, or his/her,designated representative. (d) The term"City;Clerk" shall mean the duly appointed City Clerk of the City of Cupertino, California, or his/her designated representative. 1 (e) The term "FHWA" shall mean the Federal Highway Administration. (f) The term "State" shall mean the State of California Department of Transportation. 2. CONSULTANT CONTRACT ADMINISTRATION. (a) Cam. The City Manager shall be representative of CITY for all purposes under this agreement. RAYMOND CHONG is hereby designated as the CONTRACT ADMINISTRATOR for i the City Manager and shall supervise the progress and execution of this agreement. 1 i (b) Consultant. CONSULTANT shall assign a PROJECT MANAGER to have overall responsibility for the progress and execution of this agreement for CONSULTANT. Joe Enke is hereby designated as the PROJECT MANAGER. Should circumstances or conditions subsequent to the execution of this consultant agreement require a substitute PROJECT MANAGER for any reason,the PROJECT MANAGER designee shall be subject to the prior written acceptance and approval of the CONTRACT ADMINISTRATOR. 3. DESCRIPTION OF WORK. (a) Services to be Furnished. CONSULTANT shall provide all specified services as set forth in.the following documents: (1) CITY's"Request for Statements of Qualifications--Project Management Services for Transportation Improvement Projects:in the City of Cupertino", dated July 7, 1999, attached as Exhibit A. (2) CONSULTANT's`'Statements of Qualifications--Project Management Services for Transportation Improvement Projects", dated July 21, 1999, attached as Exhibit B. (3) CONSULTANT's "Proposal for Project Management Services for Homestead Road and Tantau Avenue Corridors Traffic Signals Upgrade Project", dated August 31, 1999, attached as Exhibit C. (b) Laws to be Observed. CONSULTANT shall: (1) Procure all permits and licenses, pay all charges and fees, and give all notices which may be necessary and incident to th,,-due and lawful prosecution of the services to be performed by CONSULTANT under this agreement. (2) Keep itself fully informed of all existing and future federal, state, and local laws, ordinances, regulations, orders, and decrees which may affect those engaged or employed under this agreement, any materials used in CONSULTANT's performance under this agreement, or the conduct of the services under this agreement. (3) At all times exercise due professional care to observe and comply with, and cause all of its subconsultants and employees; if any,to observe and comply with all of said laws, ordinances, regulations, orders, and decrees mentioned above; (4) Immediately report to the CONTRACT ADMINISTRATOR in writing any discrepancy or inconsistency it discovers in said laws, ordinances, regulations, orders, and decrees mentioned above in relation to any plans, drawings, specifications, or provisions of this agreement. (c) Release to Reports and Information. Any reports, information, data, or other material given to, or prepared or assembled by CONSULTANT or its subconsultants, if any, under this agreement shall be the property of CITY and shall not be made available to any individual or organization by CONSULTANT or its subconsultants, if any, under this agreement without the prior written approval of the City Manager. (d) Qualifications of CONSULTANT. CONSULTANT represents that it is qualified to furnish the services described under this agreement. 2 9 4. TIME OF BEGINNING AND COMPLETION. CONSULTANT shall begin work after letter of notification has been sent to the CONSULTANT from the CITY. Work will be completed by December 31, 2000. 5. PAYMENTS. The basis of payment for the services provided by the CONSULTANT under this agreement shall be computed as cost plus fee rates. (a) The CITY shall reimburse the CONSULTANT on a time and expenses basis for actual cost plus fixed fee(including labor costs, employee benefits, overhead, profit, and other direct costs plus fixed fee) incurred by the CONSULTANT in performance of the work, in an amount not to exceed $8,800.00. Actual costs shall not exceed the estimated wage rates and other costs set forth in the CONSULTANT's cost proposal. (b) The CONSULTANT shall be reimbursed for actual travel expenses incurred in the performance of this work, including the use of.private cars at the rate of 31 cents per mile, while traveling away from CONSULTANT's headquarters which is hereby designated as San Ramon. In addition, CONSULTANT's personnel shall be reimbursed for per diem expenses at a rate not to exceed that currently authorized for State employees under State Department of Personnel administration rules. (c) Total expenditures made under this agreement shall not exceed the sum of $8,800.00. The CONSULTANT's cost proposal is stated in the following documents: (1) Consultant's "Cost Proposal", dated August 31, 1999, attached as Exhibit D. 6. RECORDS RETENTION. The CONSULTANT's records shall be retained for inspection by the State, FHWA, or their duly authorized representatives for three years after final payment to the CONSULTANT. 7. COST PRINCIPLES. The Federal Acquisition Regulations in Title 48, Code of Federal Regulations (CFR) 31 are the governing factors regarding allowable elements of cost. (a) Covenant Against Contingent Fees. The CONSULTANT warrants that he/she has not employed or retained any company or person, other than a bona fide employee working for the CONSULTANT to solicit or secure this agreement, and that he/she has not paid or agreed to pay any company or person, other than a bona employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the award or formation of this agreement. For breach or violation of this warranty,the CITY shall have the right to annul this agreement without liability, or at its discretion to deduct from the agreement price or consideration, or otherwise recover,the frill amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 3 8. DOCUMENTS. The CONSULTANT shall document the results of the work to the satisfaction of the CITY and, if applicable,the State and FHWA. This may include preparation of progress and final reports, plans, specifications and estimates, or similar evidence of attainment of the agreement objectives. (a) Ownership of Documents. The tracings, plans, specifications, and maps prepared as instruments of professional services or obtained under the terms of the agreement be delivered to and become the property of the CITY, and that basic survey notes and sketches, charts, computations, and other data prepared or obtained under such agreement shall be made available, upon request, to the CITY without restriction or limitation on their use. The CONSULTANT shall not be responsible for CITY's modification to its instruments of professional services or for their re-use on other projects. 9. CHANGES IN WORK. All changes and/or extra work shall be performed and paid for in accordance with the following: (a) Only the City Engineer or City Council may authorize extra and/or changed work. CONSULTANT expressly recognizes that other City personnel are without authorization to either order extra and/or changed work or waive contract requirements. Failure of CONSULTANT to secure the Council's or City Engineer's prior written authorization for such extra and/or changed work shall constitute a waiver of any and all right to adjustment in contract price due to such,unauthorized work and CONSULTANT thereafter shall be entitled to no compensation whatsoever for performance of such work. (b) If the CONSULTANT is of the opinion that any work Ile has been directed to perform is beyond the scope of this agreement and constitutes extra work, he shall promptly notify the CITY of the fact. The CITY shall make a determination as to whether or not such work is, in fact, beyond the scope of this Agreement and constitutes extra work. In the event that the CITY determines that such work does constitute extra work, it shall provide extra compensation to the CONSULTANT on a fair and equitable basis. A supplemental agreement providing for such compensation for extra work shall be negotiated between the CITY and the CONSULTANT. Such supplemental agreement shall be executed by the CONSULTANT and be approved by the necessary CITY officials. (c) In the event CITY determines that such work does not constitute extra work, CONSULTANT shall not be paid extra compensation above that provided herein and if such determination is made by CITY staff, said determination may be appealed to the City Council as long as a written appeal is submitted to the City Manager within five (5)days after the staff's determination is received by the CONSULTANT. Said written appeal shall include a description of each and every ground upon which CONSULTANT challenges the staff's determination. 10. DELAYS AND EXTENSIONS. The CITY shall consider an appropriate extension of time in case of unavoidable delays and for consideration of corresponding warranted adjustments in payment. In the event that the services called for under this agreement are not completed withirt the time specified above, the City Manager shall have the option to extend the time for completion. This paragraph does not preclude the recovery of damages for delay by either party. Neither party shall be responsible for delays from causes beyond its reasonable control. 4 t t 11. TERMINATION OR ABANDONMENT. (a) Right to Suspend or Terminate. Either party may suspend or terminate this agreement for any reason by giving thirty(30)days' written notice. Upon receipt of such notice CONSULTANT shall immediately discontinue his performance under this agreement. The City Manager shall have the authority to suspend this agreement, wholly or in,part, for such period as he deems necessary due to unfavorable conditions or to the failure on the part of the CONSULTANT to perform any provision of this agreement. (b) Payment. Upon such suspension or termination, CONSULTANT shall be paid for all services actually rendered to CITY to the date of such suspension or termination; provided, however, if this agreement is suspended or terminated for fault of CONSULTANT, CITY shall be obligated to compensate CONSULTANT only for that portion of CONSULTANT services which are of benefit to CITY. (c) Return of Materials. Upon such suspension or termination, CONSULTANT shall turn over to the City Manager immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by CONSULTANT or its subconsultants, if any, or given to CONSULTANT or its subconsultants, if any, in connection with this agreement. Such materials shall become the permanent property of CITY. CONSULTANT, however, shall not be liable for CITY's use of incomplete materials or for CITY's use of complete documents if used for other than the project contemplated by this agreement. 12. REMEDIES Upon a breach or default of any of the termis or obligations of this Agreement by CONSULTANT,the CITY shall be entitled to exercise all rights and remedies hereby reserved under this agreement or made available under applicable laws. 13. RESPONSIBILITY FOR CLAIMS AND LIABILITY (INDEMNIFICATION). CONSULTANT hereby agrees to indemnify and save harmless CITY, its officers, agents, and employees of and from: (a) . Any and all damages to or destruction of the property of CITY, its officers, agents, or employees occupied or used by or in the care, custody, or control of CONSULTANT caused by any negligent act, error, or omission of CONSULTANT or any subconsultant under this agreement or of CONSULTANT's or any subconsultant's employees or agents. (b) Any and all claims and demands which may be made against CITY, its officers, agents, or employees by reason of any injury to or death of or damage suffered or sustained by any employee or agent of CONSULTANT or any subconsultant under this agreement,to the extent caused by any negligent act, error, or omission of CONSULTANT, excepting, however, any such claims and demands which are the result of the negligence or willful misconduct of CITY, its officers, agents, or employees. (c) Any and all penalties imposed or damages sought on account of the violation of any law or regulation or of any term or condition of any permit by CONSULTANT, to the extent caused by any negligent act, error, or omission of CONSULTANT. 5 ' (d) The CONSULTANT is not responsible for the accuracy of data from any other sources or from conclusions reached as a result of utilizing information supplied by third persons. (e) The CITY agrees to provide, legal defense to challenges of the adequacy and completeness of the services provided. Tile CONSULTANT shall assist the CITY in responding to such challenges. If it is subsequently ruled by a court of jurisdiction that errors of facts, procedures, or scope have occurred and that these errors and/or omissions were the result of the CONSULTANT's own negligent professional services,then the CONSULTANT shall be responsible for providing whatever remedies may be required to make the analysis adequate and complete. 14. GENERAL COMPLIANCE WITH LAWS AND WAGE RATES. The CONSULTANT shall comply with all Federal, State, and local laws and ordinances applicable to the work. This includes compliance with prevailing wage rates and their payment in accordance with California Labor Code, Section 1775. (a) Subconsultants, Assignment and Transfer. Under this agreement, participating Federal funds are furnished. Tile subcontracting, assignment or transfer of any of the work, except as otherwise provided for in the executed agreement, is prohibited. All contracts shall provide that subcontracts exceeding$25,000 in cost shall contain all required provisions of the prime contract. (1) Assignment. Both parties shall give their personal attention to the faithful performance of this agreement and shall not assign,transfer, convey, or otherwise dispose of this agreement or any right,title, or interest in or to the same or any part thereof without the prior written consent of the other party, and then only subject to such terms and conditions as the other party may require. A consent to one assignment shall not be deemed to be a consent to any subsequent assignment. Any assignment without such approval shall be void, and, at the option of the other party, shall terminate this agreement and any license or privilege granted herein. This agreement and any interest herein shall not be assignable by operation of law without the prior written consent of the other party. (2) Subconsultants; Employee s. CONSULTANT shall be responsible for employing or engaging all persons necessary-to perform the services of CONSULTANT hereunder. No subconsultant of CONSULTANT will be recognized by CITY as such; rather, all subconsultants are deemed to be employees of CONSULTANT, and i t agrees to be responsible for their performance. CONSULTANT shall give its personal attention to the fulfillment of the provisions of this agreement by all of its employees and Subconsultants, if any, and shall keep the work under its control. If any employee or subconsultant of CONSULTANT fails or refuses to carry out the provisions of this agreement or appears to be incompetent or to act in a disorderly or improper manner, he shall be discharged immediately from the work under this agreement on demand of the CONTRACT ADMINISTRATOR. (b) Consultant's Endorsement:on Plans, Specifications, &Estimates/Other Data. The responsible CONSULTANT/engineer shall sign all plans, specifications, estimates, and engineering data furnished by him/her and where appropriate, indicate his/her registration number. (c) Disadvantaged Business F",nterprise Considerations. CONSULTANT has given consideration to DBE firms as specified in 23 CFR 172.5(e) and has met requirements in the provisions of Title 49, Part 23, Code of Federal Regulations (49 CFR23') and the City of Cupertino's adopted DBE program. Evidence must be presented of"good faith"effort, when applicable. 6 The provisions of Title 49, Part 23, Code of Federal Regulations (49 CFR 23) and the CITY's adopted DBE Program require that Disadvantaged Business Enterprises(DBEs) have the opportunity to participate in federally-funded,transportation projects. The agency has established a goal of 10% DBE participation in this consultant contract. In order to meet these requirements, the folllowing criteria have been established: 1. Participation by Caltrans' certified DBEs as a prime consultant or sub-consultants in this contract, or 2. A good faith effort by the prime consultant in trying to secure participation by DBEs prior to award of this contract. Documentation of a good faith effort is to be submitted in writing and consists of the following: a) A list of Caltrans' certified DBEs solicited. b) Description of efforts to use the services of available minority community organizations; minority contracting groups; women contractor groups; and local, State, and Federal minority business assistance centers in the recruitment and placement of DBEs including name of contact, date of contact, and information they provided. C) Identification of the portions of the work to be performed by DBEs, including type of work and dollar value. d) Documentation of good faith negotiations between subcontractors and interested DBEs, including names and dollar value of all bids. 15. INSPECTION. CONSULTANT shall furnish CITE.'with every reasonable opportunity for CITY to ascertain that the services of CONSULTANT are being performed in accordance with the requirements and intentions of this agreement. All work done and all materials furnished, if any, shall be subject to the CONTRACT ADMINISTRATOR's inspection and approval. The inspection of such work shall not relieve CONSULTANT of any of its obligations to fulfill its agreement as prescribed. 16. INDEPENDENT JUDGMENT. Failure of CITY to agree with CONSULTANT's independent findings, conclusions, or recommendations, if the same are called for under this agreement, on the basis of difference in matters of judgment shall not be construed as a failure on the part of CONSULTANT to meet the requirements of this agreement. 17. NOTICES. All notices hereunder shall be given in writing and mailed, postage prepaid, by certified mail, addressed as follows: TO CITY: Raymond Chong Contract Administrator City of Cupertino 10300 Torre Avenue Cupertino;,CA 95014 7 ' TO CONSULTANT: Joe Enke Project Manager Zumwalt Engineering Group 2680 Bishop Drive, Suite 150 San Ramon, California 94583 18. INTEREST OF CONSULTANT. CONSULTANT covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services hereunder. CONSULTANT further covenants that, in the performance of this agreement, no subconsultant or person having such an interest shall be employed. CONSULTANT certifies that no one who has or will have any financial interest under this agreement is an officer or employee of CITY. It is expressly agreed that, in the performance of the services hereunder, CONSULTANT shall at all times be deemed an independent contractor and not an agent or employee of CITY. 19. CERTIFICATIONS The CITY and CONSULTANT shall certify that they have not required, directly or indirectly, as an express or implied condition in connection with obtaining or carrying out this agreement: (a) Certification of Local Agency, attached as Exhibit E (b) Certification of Consultant, attached as Exhibit F. 21. INSURANCE. CONSULTANT, at its sole cost and expense, shall obtain and maintain in full force and effect throughout the entire term of this agreement, the insurance coverage of at least an "A" rating as determined in accordance with the Best's Guide Rating, and class VII in financial rating, insuring not only CONSULTANT, but also(with the exception of workers' compensation and employer's liability insurance), CITY, its officers, agents, and employees, and each of them with respect to activities and services performed by CONSULTANT for or on behalf of CITY under the provisions of this agreement. Certificates of such insurance, on the forms provided by CITY, shall be filed with CITY concurrently with the execution of this agreement attached as Exhibit G-1 to G-7. With the exception of professional liability insurance, said certificates shall be subject to the approval of the City Attorney and shall contain an endorsement stating that said insurance is primary coverage, and will not be canceled or altered by the insurer except after filing with the City Clerk thirty(30) days written notice of such cancellation or alteration, and that the City of Cupertino is named as an additional insured. Current certificates of such insurance shall be kept on file at all times during the term of this agreement with the City Clerk. 22. WORKERS' COMPENSATION. CONSULTANT certifies that it is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Labor Code, and it certifies that it will comply with'sueh provisions before commencing the performance of the work of this agreement. 8 ' 23. AGREEMENT BINDING. The terms, covenants, and conditions of this agreement shall apply to, and shall bind the heirs, successors, executors, administrators, assigns, and subconsultants of both parties. 24. WAIVERS. The waiver by either party of any breach or violation of any term, covenant, or condition of this agreement or any provision, ordinance, or law shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, or law of or any subsequent breach or violation of the same or of any other term,covenant, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this agreement or of any applicable law or ordinance. 25. COSTS AND ATTORNEY'S FEES. The prevailing party in any action brought to enforce the terms of this agreement or arising out of this agreement may recover its reasonable costs and attorney's fees expended in connection with such an action from the other party. 26. NONDISCRIMINATION. No discrimination shall be made in the employment of persons under this agreement because of the race, color, national origin, ancestry; religion, or sex of such person. If CONSULTANT is found in violation of the nondiscrimination provisions of the State of California Fair Employment Practices Act or similar provisions of federal law or executive order in the performance of this agreement, it shall thereby be found in material breach of this agreement. Thereupon, CITY shall have the power to cancel or suspend this agreement, in whole or in part, or to deduct from the amount payable to CONSULTANT the sum of Twenty-five Dollars ($25) for each person for each calendar day during which said person was discriminated against, as damages for said breach of contract, or both. Only a finding of the State of California Fair Employment Practices Commission or the equivalent federal agency or officer shall constitute evidence of a violation of contract under this paragraph. If CONSULTANT is found in violation of the nondiscrimination provisions of this agreement or the applicable affirmative action guidelines pertaining to this agreement, CONSULTANT shall be found in material breach of this agreement. Thereupon, CITY shall have the power to cancel or suspend this agreement, in whole or in part, or to deduct from the amount payable to CONSULTANT the sum of Two Hundred Fifty Dollars($250)for each calendar day during which CONSULTANT is found to have been in such noncompliance as damages for said breach of contract, or both. 27. AGREEMENT CONTAINS ALL UNDERSTANDINGS. This eocument represents the entire, and integrated agreement between CiTY and CONSULTANT and supersedes all prior negotiations,representation, or agreements, either written or oral. This document may be amended only by written instrument, signed by both CITY and CONSULTANT. All provisions of this agreement are expressly made conditions. This agreement shall be governed by the laws of the State of California. 9 0 IN WITNESS WHEREOF, CITY and CONSULTANT have executed this agreement the day and year first written above. ATTEST: CITY O CUPERTINO City Clerk Mayor APPR VE AS TO FO City Attorney Zumwalt Engineering Group Consultant n ' ame Address City, State,ZIP CcJ?<6193 Telephone Social Security Number or Tax Identification Number 10 o LIST OF EXHIBITS Exhibit Title A City's"Request for Statements of Qualifications--Project Management Services for Transportation Improvement Projects in the City of Cupertino", dated July 7, 1999 B Consultant's "Statement of Qualifications-Project Management Services for Transportation Improvement Projects in the City of Cupertino", July 21, 1999 C Consultant's "Proposal for Project Management Services for Transportation Improvement Projects in the City of Cupertino", dated August 31, 1999 D Consultant's"Cost Proposal", dated August.31, 1999 E Certification of Local Agency F Certification of Consultant G-1 Insurance Agreement G-2 Certificate.of Insurance G-3 Endorsement of Primary Insurance G-4 Additional Insured Endorsement G-5 Comprehensive General Liability Commercial General Liability Endorsement of Aggregate Limits of Insurance per project G-6 Waiver of Subrogation Endorsement Worker's Compensation Insurance G-7 Notice of Policy Cancellation Endorsement 11 City Hall 10300 Torre Avenue ® Cupertino,CA 95014-3255 Telephone: (408)777-3354 ( its of FAX: (408)777-3333 Ctlperthio - \/ PUBLIC WORKS DEPARTMENT I h)4 J` A File No.74,001.20 July 7, 1999 SUBJECT: Request for Statements of Qualifications—Project Management Services for Transportation Improvement Projects in the City of Cupertino. Dear Project Management Consultant: The City of Cupertino is requesting Statements of Qualifications (SOQ)to provide project management services for several transportation improvement projects. A. Background The City of Cupertino requires project management services for nine transportation improvement projects for the Transportation Division in the Public Works Department. Consultant will provide technical assistance to the City Traffic Engineer. 1. Interstate Route 280 at Wolfe Road Interchange Traffic Safety Improvements. The project is to improve traffic safety of interchange on Interstate Route 280 at Wolfe Road.. Total project budget is $500,000. Funding from Hazard Elimination Safety Program. 2. Cupertino Interchange Improvements Ramp Meter Signal— Arterial Traffic Signal Interconnection. The project is to develop data exchange network at interchanges on Interstate Route 280 and State Route 85 to improve traffic operations at ramps and arterials. Total project budget is $500,000. Funding is from Surface Transportation Program quid Congestion Mitigation& Air Quality Improvement Program. 3. De Anza Boulevard— Stevens Creek Boulevard—Wolfe Road Arterial Management. V' The project is to improve arterial management by deploying traffic responsive systems and retiming of traffic signals on De Anza Boulevard, Stevens Creek Boulevard, and Wolfe Road. Total project budget is $150,000. Funding is from Transportation Fund from Clean Air. 1 t 4. Homestead Road Arterial Management —Phase IT. The project is to extend interconnect on Homestead Road. Project budget is $146,699. Funding is from Transportation Fund for Clean Air. 5. Homestead Road and Tantau Avenue Corridors Traffic Signals Upgrade. The project is to upgrade traffic signal hardware on Homestead Road at Tantau Avenue. Total project budget is $71,000. Funding is from Hazard Elimination Safety Program. 6. San Tomas Aquino— Saratoga Creek Trail Bicy6e Facility Improvement. The Project is to install bike lanes and bike routes as part of Santa Tomas Aquino— Saratoga Creek Trail. Total project budget is $350,000. Funding is from Transportation Fund for Clean Air. 7. Stevens Creek Recreational Trail Bicycle Facility Improvement. The project is to install bike lanes on Stevens Creek Boulevard as part of Stevens Creek Recreational . Trail. Total project budget is $50,000. Funding is from Transportation Fund for Clean Air. 8. Miller Avenue Bicycle Facility Improvement. The project is to install bike lanes and bike routes on Miller Avenue. Total project budget is $257,500. Funding is from Transportation Fund for Clean Air,and Bicycle Lane Account. 9. Wolfe Road Bicycle Facility Improvement. The project is to install bike lanes on Wolfe Road. Total project budget is $125,000. Funding is from Transportation Development Act. B. Scope of Work The City generally defines scope of work,for project: management services as follows: 1. Draft correspondence. 2. Prepare staff reports to Cupertino City Council. 3. Prepare request for proposals for traffic engineering services. 4. Assist in selection of consultants. 5. Process consultant agreements. 6. Process progress payments from consultants. 7. Monitor performance of consultants. 8. Attend progress meetings. 9. Prepare progress reports to funding agencies. 10. Process Right-of-Way Certifications and Encroachment Permits. 11. Prepare Requests for Authorization 12. Prepare request for proposals for construction engineering services. 13. Assist in selection of consultants. 14. Prepare reimbursement invoices to funding agencies. 2 w i 15. Administer contracts.. C. Information Available information for the City includes: • Grant applications. • Funding agreements. • Reports. D. Schedule The anticipated schedule of activities related to this Project are as follows: Milestone Date Request for Statements July 7, 1999 of Qualifications Receipt of Statement July 21, 1999 of Qualifications Interviews July 29, 1999 Award of Contract August 9, 1999 E. Statements of Qualifications Requirements The Statements of Qualifications shall meet the following requirements: 1. Letter of interest. 2. List of participating firms and specific areas of responsibility. 3. Organization chart for the project. 4. Marketing brochure with description of qualifications (for requested services only). 5. Brief resumes of key personnel anticipated for this Project. 6. List of similar projects (not more than 10 projects) which best illustrates current qualifications . relevant to these projects. 7. Large envelope, with above materials, labeled "Statement of Qualifications—Project Management Services and name of your firm. F. Consultant Selection Process The process for consultant selection is as follows: 1. The Consultant Selection Committee (CSC) will evaluate and score the SOQ based on criteria. They will short list no more than three qualified firms. 2. Staff will invite all shortlisted firms for interviews with the CSC. 3 3. The CSC will develop a final ranking of shortlisted firms. G, Disadvantaged Business Enterprise (DBE) Requirements The provision of Title 49, Part 23 of the Code of Federal Regulations (CFR) and the City of Cupertino's adopted DBE Program require that Disadvantaged Business Enterprise (DBE) have the opportunity to participate in federally funded transportation projects. The agency has established the goal of 10%DBE participation in this consultant agreement. H. Submittal Requirements The firm shall submit five copies of the Statement of Qualifications for project management services to the City of Cupertino, Public Works Department, City Hall, 10300 Torre Avenue, Cupertino, CA 95014, ATTENTION Raymond D. Chong, City Traffic Engineer. City staff will accept SOQ for project management :services for the Project at City Hall until 4:00 p.m., on Wednesday, July 21, 1999. The City will not consider SOQ submitted after the deadline and shall return them to the firm. For additional information, please call Raymond D. Chong, City Traffic Engineer, at 408/777-3240. Sincerely, Bert J. Viskovich Director of Public Works Raymond D. Chong, P. City Traffic Engineer RDC/cs 4 4 ZUMWALT ENGINEERING GROUP Civil Enginee4rig/Project Management 2680 Bishop Drive, Suite 150 San Ramon, California 94583 Tel. (925)830-5016 Fax(925) 830-5023 F-"X h July 21, 1999 Mr. Raymond D. Chong, P.E. City Traffic Engineer CITY OF CUPERTINO Public Works Department City Hall 10300 Torre Avenue Cupertino, CA 95014 Subject: Statement of Qualifications. Project Management Services for Transportation Improvement Projects in the City of Cupertino. Dear Mr. Chong: Please accept this letter as our letter of interest and the following information as our Statement of Qualifications for the subject project. The staff at Zumwalt Engineering Group has extensive experience in providing project management services to cities and public agencies. In the past four years, we have successfully managed over ter► (10) traffic or transportation related capital improvement projects, including three for the City of Cupertino. We propose to assign two senior project manager;; to the City's projects that are uniquely qualified to perform the work. These two senior project managers will be supported by a professional engineer with over 20 years of municipal (city) experience in managing capital improvement assignments and projects and a project management assistant with four years of traffic and permit related experience. This project management staffing plan provides the City with the breath of experience and manpower depth to effectively manage and deliver the proposed projects as programmed. It is proposed that all work will be accomplished by Zumwalt Engineering Group and no subconsultants will be required. However, if desired by the City, we can contract with a DBE word processing firm to more closely satisfy its DBE goal. The following Statement of Qualifications includes im organization chart, firm qualifications and work history, brief resumes of key personnel and a list of sinular projects. July 21, 1999 SOQ-Project Management Services for Transportation Improvement Projects Page 2 Thank you for the opportunity to submit our Statement of Qualifications on this important and challenging assignments. I look forward to discuss the projects in more detail on July 29,1999. Very truly yours, ZUMWALT ENGINEERING GROUP A0 0'0/ &), James W. Zum , P.E. Principal JZ/ae Attachments cW«-q.wo ZUMWALT ENGINEERING GROUP PROJECT ORGANIZATION CHART CITY OF CUPERTINO RAYMOND CHONG, P.E. PROJECT MANAGER PROJECT MANAGER CHUCK VOSICKA, P.E. JOE ENKE, P.E., L. S. PROFESSIONAL SUPPORT STAFF JOHN NELSON, P.E. TINA BARTUNEK CLERICAL STAFF JAMES W. Z'UMWALT Principal/Project Manager Registration: Civil Engineer- California C32371 Civil Engineer- Alaska C5360 Education: 1977/B.S./Civil Engineering University of California. Berkeley, California 1982-1984 Graduate: Program Engineering and Science Management University of Alaska Anchorage, Alaska Experience: Municipal Management Street and Site Drainage Design Public Works Projects Stormwater Management Plans Mn Zumwalt has more than 20 years experience in all phases of civil engineering with major emphasis in public works projects and municipal management assignments. Current or recent responsibilities include serving as Acting City Engineer for the City of Martinez, Project Manager on two Bay Area Air Quality Management District (TFCA) funded traffic signal synchronization projects, Program Manager for the City of Martinez NPDES Program, Engineer of Work on six Landscape and Lighting Assessment Districts, Project Manager on the City of San Ramon $1.3 million Alcosta Boulevard Reconstruction Project Under round Renovation. Jim through has also served as Project Manager for a 2,000 li near foot g the core area of Lafayette. Other project responsibilities include subdivision plan checking, annual paving and drainage repair projects for the City of Martinez and assistance on the Midpeninsula Regional Open Space District Disaster Assistance:Projects in Los Altos. Other public works or site rehabilitation projects completed under the direction of Mr. Zumwalt include the ISTEA and HES funded Crow Canyon Road Rehabilitation Project in San Ramon, the Dublin Boulevard Extension in Dublin, the City of San Ramon Corporation Yard, the 825-space Colma Park and Ride Facility for the San Mateo County Transit District (SamTrans), the 500- space parking lot and pavement/utility rehabilitation project for Kaiser Hospital in Santa Clara and the Engineering Excellence award winning one-mile Sharp Park Road reconstruction project in Pacifica. Jim Zumwalt also served as Program Manager for over 22 million dollars in capital improvements involving street, drainage and park improvements for the municipality of Anchorage, Alaska. Furthermore, Mr. Zumwalt was responsible for the design of 2.5 miles of urban street improvements in the City of Skagway, Alaska and served on the design team for a 30-mile state- of-the-art water and sewer rehabilitation and extension project in Nome, Alaska. CHARLES J. 'VOSICKA Supervising EngineerMroject Manager Registration: Civil Engineer— California 02297 Professional Engineer— Oregon 12356 Professional Engineer—Nevada 8600 Education: 1975B.S./Civil Engineering; University of California Berkeley, California Experience: Municipal Engineering Construction Management Project Management Development Engineering/1\4ap & Plan Review Mr. Vosicka has more than 20 years experience, ranging from design of infrastructure improvements through construction and maintenance/operations. His level of responsibility has varied from designer to project manager in both the public and private sectors. Chuck has also served as Public Works Director/City Engineer for the City of Brentwood for approximately one year. Current assignments include performing; a bid ability/constructibility review for a $ 1,500,000 ISTEA—funded pavement rehabilitation project in Martinez and right-of-way research tasks in San Ramon and Martinez. Chuck is also preparing the plans, specifications and cost estimates for the City of Martinez' Alhambra Avenue (Downtown) Paving Project, as well as the contractor pre-qualification package for the Alhambra Creek Channel Improvements project. Recent assignments include project management (design and permitting) of a 470-mile linear segment of a major new utility and construction management/resident engineer of numerous roadway and other utility projects (ranging from $ 30,000 to $ 3,500,000). These assignments involved overseeing a staff of inspectors as well as coordination with numerous agencies, including the Federal Highway Administration, Caltrans, the Union Pacific and Burlington Northern Railroads, various cities, counties, and special districts. Chuck has been involved in all aspects of municipal public works, including development of Capital Improvement Programs, budgeting, preparation and/or review of utility master plans (water, sewer, storm drain and solid waste), development/updating of standard plans, specifications and design standards, Landscape and Lighting Maintenance Assessment Districts, Capital Improvement project design, and land. development engineering (development of conditions of approval, map and plan review, and City Council approvals). In this last capacity, Chuck has served as the Public Works Department representative to the Planning Commission. He has also made numerous presentations to City Councils. Chuck's most interesting assignment was as the developer of the Brentwood Solid Waste Enterprise, a successful municipal enterprise that increased the City's recycling rate 500% over that of the Private company that previously supplied the service, all while maintaining existing service rates. JOSEPH C. ENKE Project Manager/Surveyor Registration: Civil Engineer - California C49027 Land Surveyor - California L7169 Education: 1982/B.S./Civil Engineering California State University Chico, California Experience: Street and Drainage Design Capital Improvement Project Management Land and Boundary Surveys Subdivision Maps and Plan Checking Mr. Enke has over 16 years experience ranging from the management and design of capital improvement projects to subdivision map and plan checking. Current or recent assignments include serving as project manager for the City of Lafayette Street Light and Underground Improvement on Mt. Diablo Boulevard, as welll as City of Martinez projects such as the ISTEA/TSM funded $3.1 million Pacheco Boulevard Project, the ISTEA/TFCA funded $1.9 million Alhambra Avenue (North) Project, and the Morello Avenue/Arnold Drive Signal Project. Joe served as the project engineer for the City of San Ramon's 1994-95 and 1995-96 Pavement Management Projects, as project engineer/surveyor on the City of San Ramon's South San Ramon Creek Project and Athan Downs Parking Lot Expansion Project. Additionally, Mr. Enke has extensive experience in implementing disaster assistance projects and other capital improvement program assignments involving budget control, procurement and management of design consultants and preparation of bid documents. Joe has also been involved with subdivision plan checking of final maps, parcel maps, grading and improvement plans for the cities of Martinez, Antioch, Clayton, Dublin and Pleasant Hill. Prior work includes providing design and construction surveys to local municipalities as well as the preparation of improvement plans for proposed subdivisions. Joe is the Project Manager of various Capital Improvement Projects including several federally funded projects for the City of Cupertino. Other recent project responsibilities include the preparation of plans, specifications and estimates for the City of Martinez 1995-96 Miscellaneous Improvements Project, 1996-97 Paving Project, Pine Street Paving Project, the Community Development Block Grant Program, the Pacheco Boulevard Water Main Replacement Project, both in Martinez, and the Weeks Road Reconstruction Project in Woodside. a JOHN S. NELSON Project Engineer Registration: Civil Engineer - California C26323 Traffic, Engineer- California T648 Education: 1968/]3.5./Civil Engineering Cornell University, New York 1983/NI.S.Business Administration California State University Hayward, California Experience: • Disaster Assistance Programs • Traffic Engineering National Pollutant Discharge Elimination System (NPDES) Development Plan Checking with a Mr. Nelson has over 25 years experiencec_in municipal s stan eeand implementation, focus in development plan checking,NPDE.. program disaster assistance programs and traffic engineering. of NPDES Best Management serving as City of Martinez staff in the implementation Practices(BMPs) and Disaster Assistance Programs such as the Federal Emergency Management.Agency (FEMA) and Federal Highway Administration (FHWA). Prior to joining Zumwalt Engineering.Group, John spent over 20 years with the City of San Leandro Engineering Division. ]During his tenure at San eandro, John acquired extensive experience in development as miscellaneous City municipal code updates and revisions as well a management projects. TINA BART UNEK Project Management Assistant Education: B.S. Biological Sciences;, 1995 University of Central Florida Orlando, Florida Experience: Traffic Engineering Studies Environmental Monitoring and Permitting Ms. Bartunek has nearly four years experience working in traffic engineering studies and environmental monitoring and permitting prior to joining Zumwalt Engineering Group. Current projects include preparing permit applications for projects in the City of Martinez located along Alhambra Creek including the Intermodal Facility, Marina Vista silt removal and bank excavation and the Alhambra Creek at Alhambra Avenue bank stabilization. Other current assignments include assisting the City of Dublin with the processing of development applications as well as assisting the City of Cupertino with the delivery of state and federally funded projects. Tina worked for a civil engineering firm in Orlando, Florida for over three years where she provided technical assistance on numerous ongoing projects. She was involved in performing traffic and safety studies for arterial and conceptual design projects and was responsible for handling environmental issues including permitting, drainage data and storm water pollution prevention compliance,. She managed and coordinated project reports and materials and assisted in gathering and using traffic data from the field for analysis and report inclusion. Tina also worked for the St. Johns River Water Management District in Orlando where she performed environmental monitoring for the enforcement and compliance of District rules and regulations for environmental protection. Primary job functions included enforcement of erosion control, turbidity and sedimentation standards for development, monitoring wetland mitigation reports and site reviews and working with the public and other agencies in performing wetland delineation and determining permitting requirements. L> , ZUMWALT ENGINEERING GROUP Civil Engineering/Project Management 2680 Bishop Drive,Suite 150 • San Ramon,California 94583 Tel. (925)830-5016 Fax(925)830-5023 QUALIFICATIONS AND WORK HISTOIR,Y Zumwalt Engineering Group was formed in 1.992 and offers cost effective professional services ranging from civil engineering design to project management and staff augmentation. Zumwalt Engineering Group was committed from its inception to ensure that its clients receive the quality services they need and deserve. Our professional staff of ten registered civil engineers along with technical and administrative support staff draws from its collective resources to assemble a team of professionals to meet the specific needs of our clients. Specific professional services offered by Zum`valt Engineering Group include: • Roadway and Drainage/Utility Design • Stormwater Management and National Pollutant Discharge Elimination System (NPDES) Assistance • Site Planning and Design • Staff Augmentation assoinated with. Capital Improvement Programing/Management and other related assignments • City Engineering, Plan Checking and Inspection Services for Public Agencies Disaster Assistance Programs (FEMA) • Assistance in project feasibility studies and the preparation of project presentations and grant applicatiions • Agency Permit Processing The collective resources at Zumwalt Engineering Group offers cities and public agencies qualified and experienced staff to develop solutions to capital improvement projects that are constructible within budget and schedule constraints, and minimize public inconvenience during construction. Computer-aided design and drafting are available in the form of AUTOCAD and our word processing is provided in a variety of software programs. Project Management programs including Microsoft Project and Suretrack are utilized for scheduling and project management assignments. Furthermore, those of us at Zumwalt Engineering Group are individually and totally committed to provide quality professional engineering services to meet the needs of our clients. Zumwalt Engineering Group has recently provided or is currently providing engineering services on the following projects: o Alhambra Avenue Rehabilitation Project, Martinez This TEA-21 funded project is in the initial stages of design and is scheduled for completion mi 1999. Alhambra Avenue is a.major corridor that runs through the heart of Martinez. The design of this project is being expedited so that it can be bid this construction season and concurrent with funding authorization. This project encompasses approximately 5,000 linear feet and has a construction value of approximately $700,000. • Lafayette Circle Rehabilitation Project, Lafayette This downtown pavement rehabilitation project was completed in 1998 and extended from Mt. Diablo Boulevard to Hough Avenue. This $150,000 project had a length of 1,000 linear feet and involved significant coordination with utility companies and an infill development. •� Iron Horse Trail, Dublin Prepared plans, specifications, and estimates for this $350,000 trail project from the northern City limits to Amador Valley Boulevard. Crow Canyon Road Rehabilitation Project, San Ramon This ISTEA and HES funded project encompassed nearly 10,000 linear feet of roadway rehabilitation improvements. Crow Canyon Road is a major arterial roadway that runs through the City's Central Business District and included channelization, signal modifications, digout repairs, minor drainage improvements, and extensive asphalt concrete overlay resurfacing. This project had a total cost of $1,200,000 and was completed in 1995. S Development Review/Plan Check, Cities of Antioch, Concord, Dublin and Martinez Current services include working with city staff to develop conditions of approval as well as comprehensive plan checking for major residential and commercial developments. Alhambra Creek Channel Improvement Project, Martinez Serving as project Manager on this $2.5 million creek restoration project in downtown Martinez. Project management services include project defmition and funding to design and construction. Downtown property owners approved an assessment district and FEMA Hazard Mitigation Grant Programs iuids were secured. Martinez Intermodal Facility, Martinez Currently providing project management assistance on the $26 million transportation facility in downtown Martinez. This complicated project involves the conversion of a former railroad yard to a parking lot and train station. Pedestrian and bicycle facilities ion of creek are being incorporated into the project along with approximately area a to mill' Carquinez restoration improvements of Alhambra Creek from the downtown Strait. 0 1992-1993, 1993-1994, 1994-1995, and 1995-1996 Pavement Management Projects, San Ramon Prepared the plans, specifications and estimates for four consecutive pavement management projects having a combined construction value of nearly $3 million. Roadway rehabilitation improvements included subdrains, curb and gutter repairs, digout repairs, asphalt concrete overlay with fabric; and reconstruction. Alternate bid schedules were provided to allow flexibility in the amount of contract award. Alhambra Avenue and Glacier Drive Rehabilitation Project, Martinez This project consisted of approximately $450,000 of pavement rehabilitation ranging from asphalt concrete overlay with fabric to full reconstruction. These improvements were constructed in 1995. Athan Downs Park Renovation, San Ramon Prepared plans, specifications and estimates for this 20-acre park renovation in San Ramon. Two sets of bid documents were prepared for flexibility in contract award. Work included grading, drainage, walkway and top dressing improvements. • Capital Improvements Program, Martinez Serving as Acting City Engineer and providing engineering staff support services to the City of Martinez. Responsible for the implementation of the capital improvement projects and representing the City in the National Pollutant Discharge Elimination System (NPDES)Program. Currently providing development plan checking services and serving as project manager for three 1STEA funded roadway rehabilitation projects. Also assisted the City in obtaining FEMA and FHWA funds for the 1993, 1995, 1997 and 1998 Storm Disasters. Moreover, assisted the city staff in the conversion of the current pavement management system to the MTC Pavement Management System for their 115 road mile system and prepared annual Engineers Reports for the Citys Lighting and Landscape Assessment Districts. • Mission Boulevard at Old Canyon Road Sewer Replacement Project, Fremont (Union Sanitary District) As a subconsultant to Black and Veatch, provided agency permit processing and traffic coordination support for this $1 million sewer replacement project. • Shell Oil Company Dredging Project, Maartinez Provided assistance in agency permit processing to obtain approvals from the California Regional Water Quality Control Board, the U.S. Army Corps of Engineers, and the Bay Conservation and Development Commission. • Harborview Waterline Replacement Projject, Martinez Assisted City staff in the design and preparation of contract documents for this 1,000 linear foot replacement project. • Disaster Repair Projects, Midpeninsula Regional Open Space District (Los Altos) Assisted staff in the preparation of grant applications for the FEMA Hazard Mitigation Grant Program and prepared engineering designs and construction documents for the Weeks Road Reconstruction and Schilling Lake Spillway Repair. • Mt. Diablo Boulevard Underground Utilities District, Lafayette Provided project and construction manager.nent services and street light design services for this 2,000 linear foot underground utilities project through the core downtown area of Lafayette. LIST OF SIMILAR PROJECTS Zumwalt Engineering Group has successfully completed or is working on the following similar projects: 1. Homestead Road Arterial Management Pr oiec,_ t City of Cupertino Project Management of$100,000 signal upgrade and interconnect project. Funding was HES monies. 2. DeAnza Boulevard/Saich Way Traffic Simal Project - City of Cupertino Project Management of$200,000 traffic signal installation project. Funding includes HES monies. 3. DeAnza/Stevens Creek Boulevard Arterial Management PrQiect - City of Cupertino Project management of a $725,000 traffic system management project. Funding includes RTSOP, STIP, TSM, and TFCA monies. 4. Pacheco Boulevard Improvements Project: - City of Martinez Project management of $3.1 million roadway widening/rehabilitation and utility undergrounding project. Project also incorporated sewer and water main replacement projects. Funding included ISTEA, TS10, PG&E Rule 20A and Local Measure C monies. 5. Alhambra Avenue North Improvements 1?roject - Cily of Martinez Project management of$1.9 million roadway rehabilitation and traffic signal project. Funding includes ISTEA and TFCA monies. 6. COY-Wide Traffic Signal Synchronization Project and the Pacheco Boulevard Traffic SigLialSSynchronization Project - City of Martinez Project Management of two traffic signal synchronization projects. Funding was TFCA woi&s. List of Similar Projects Page -2- 7. Morello Avenue/Arnold Drive Tr C, Signal Modification and Intersection Improvements Project - City of Martine: Project management of $200,000 roadway widening and traffic signal relocation project. Funding included SLTPP monies. 8. Mt Diablo Boulevard Rule 20A Under-rounding and Street Light Project - City of Lafayette Project and construction management of tmdergrounding and street light through the core of the downtown area. Funding included PG&E Rule 20A and general fund monies. 9. Crow Canyon Road Rehabilitation Project - City of San Ramon Prepared plans, specifications and estimates for roadway rehabilitation and signal modification project on the city's main arterial. Funding included ISTEA and HES monies. ZUMWALT ENGINEERING GROUP Civil Engineering/Project Management i 2680 Bishop Drive, Suite 150 pan Ramon, California 94583 Tel. (925) 830-5016 Fax(925) 830-5023 August 31, 1999 Mr. Raymond D. Chong City Traffic Engineer CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014-3255 Subject: Proposal for Project Management Services for the Homestead Road and Tantau Avenue Corridors Traffic Signals Upgrade Project Dear Mr. Chong: Zumwalt Engineering Group is pleased to submit this proposal for project management services for the Homestead Road and Tantau Avenue Corridors Traffic Signals Upgrade Project. Background The City has received grant funding for the subject. project. The project will upgrade traffic sj.gnals on Homestead Road between Blue Jay Drive and Tantau Avenue and on Tantau Avenue between Homestead Road and Vallco Parkway. The plans, specifications and estimates (PS&E) will be prepared by City staff. The City is in need of project management services to successful lly complete the work. Eased on the foregoing, we propose the following, scope of work. Scope of Work Task 1- Project Management Services • Staff/Design Oversight • Draft correspondence including staff reports to City Council. • Attend progress meetings. • Assist and monitor City staff in the prepw ation of plans, specifications and estimate. • Assist City with advertisement and bidding. L%'tr. Raymond D. Chong Proposal for Project Management Services for the Homestead Road and Tantau Avenue Corridors Traffic Signals Upgrade Project page • Compliance with Funding Source Reimbursement Requirements • Prepare documents such as quarterly reports and invoices to meet funding requirements for reimbursements. • Maintain Project File • Assist the City in maintaining the project file for audit purposes. • Coordinate with Outside Agencies • Coordinate with outside agencies affected by the proposed project. • Assist the City with the review and processing of procedures and agreements. • Process Right-of-Way Certificates and Encroachment Permits if required. • Prepare Requests for Authorization. Schedule It; is our understanding that the City is prepared to start immediately on this project and complete the contract documents (PS&E) within the next six months so that the project may be bid in the next construction season. We will work with staf-7 to develop a detailed project schedule. f'ee We propose to accomplish the above work on a cost plus fee basis, in accordance with the attached cost proposal, with a budget amount of$8,800. This amount will not be exceeded without your prior written authorization. We look forward to working with the City on this project. If you should have any questions or need any additional information, please call Joe Enke or myself. Very truly yours, ZUMWALT ENGINEERING GROUP A. California Corporation el James W. Walt, P.E. Principal TWZ/tmb Attachments 7 iyf� Za �Sz7 COST PROPOSAL DATED AUGUST 31, 1999 PROJECT MAt�IAGENIENT SERVICES HOMESTEAD ROAD AND TAi� NU (TAU AVENUE CORRIDORS TRAFFIC SIGNALS UPDATE PROJECT LABOR HOURS RATE TOTAL. Joe Enke/Project Manager 60 33.00 $ 1,980.00 Tina Bartunek/Project Staff 50 18.00 $ 900.00 Total Labor $ 2,880.00 NDIRECT COSTS Overhead Rate: 160% Total Overhead $ 4,608.00 SUBTOTAL $ 7,488.00 FEE (Profit @ 10%) $ 748.80 DIRECT COSTS UNITS, RATE TOTAL Auto Mileage 1200 0.31 372.00 Photocopies Actual 91.20 Bridge Toll/Parking Actual 100.00 Total Direct Costs $ 563.20 TOTAL COST $ 8,800.00 EXHIBIT E CERTIFICATION OF LOCAL AGENCY i I HEREBY CERTIFY that I am the l��`� D *J� of the City of Cupertino, and that the consulting firm of Zumwalt Engineering Group or its representative has not been required(except as herein expressly stated), directly or indirectly, as an express or implied condition in connection with obtaining or carrying out this agreement to: (a) employ, retain, agree to employ or retain, any firm or person; or (b) pay or agree to pay, to any firm, person or organization, any fee, contribution, donation, or consideration of any kind. I acknowledge that this Certificate is to be made available to the California Department of Transportation (Caltrans) in connection with this agreement involving participation of Federal-Aid Highway funds, and is subject to applicable State and Federal laws, both criminal dc' [L ( te) (Signature). EXHIBIT F CERTIFICATION OF CONSULTANT I HEREBY CERTIFY that I am the and duly authorized representative of the firm of Zumwalt Engineering Group,whose address is 2680 Bishop Drive, Suite 1.50, San Ramon, CA 94583, and that, except as hereby expressly stated, neither I nor the above firm that I represent have: (a) employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person(other than a bona fide employee working solely for me or the above consultant)to solicit or secure this agreement; nor (b) agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the agreement; nor (c) paid, or agreed to pay, to any firm, organization, or person (other than a bona fide employee working solely for me or the abov(:consultant) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out this agreement. I acknowledge that this Certificate,is to be made available to the California Department of Transportation (Caltrans) in'connection with this agreement involving participation of Federal-Aid Highway funds, and is subject to applicable State and Federal laws, both criminal and civil. �Z (Date) gnature) c , INSURANCE FORPv][S INSTRUCTIONS FOR ITEMS 3, 4, 5 AND 6, THE FORMS PIdOVIDED BY THE CITY OF CUPERTINO MUST BE USED. FORMS OTHER THAN THESE WILL NOT BE ACCEPTED. ALL DOCUMENTS MUST BE ORIGINALSc - SUBMIT IN TRIPLICATE 1. Insurance Agreement - Must be signed by Contractor. 2. Certificate of Insurance to the City of Cupertino - must be completed by the insurance agent or must provide a certificate on the company's form. They must contain the same information. 3. Endorsement of Primary Insurance - must be signed by the insurance agent for general liability and automobile liability only. 4. Additional insured endorsement - must be signed by the insurance agent for general liability and automobile liability only. , 5. Comprehensive general liability/commercial general liability endorsement of aggregate limits of insurance per project - must be signed by the insurance agent for general liability only. 6. Waiver of subrogation endorsement worker's compensation insurance - must be signed by the insurance agent for worker's compensation only. 7. Notice of policy cancellation endorsement - imust be signed by the insurance agent or must be on the company's certificate of insurance forrri for all insurances. CITY"Of CUPERTINO INSURANCE AGREEMENT A. Contractor is aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker's compensation or undertake self- insurance in accordance with the provisions of that Code, and will comply with such provisions before commencing the-performance of the work of this Contract. B. Contractor and all subcontractors will carry worker's compensation insurance for the protection of its employees during the progress of the work. The insurer shall waive its rights of subrogation against the City, the City's officers, agents and employees and shall issue an endorsement to the policy evidencing same. C. Contractor shall carry at all times, on all operations hereunder, commercial or comprehensive general liability insurance, automobile liability insurance and builder's all risk insurance. All insurance coverage shall be in amounts required by the City and shall be evidenced by the issuance of a certificate in a form prescribed by the City and shall be underwritten by insurance companies satisfactory to the City for all operations, sub-contract work, contractual obligations, product or completed operations, all owned vehicles and non- owned vehicles. Said insurance coverage obtained by the Contractor, excepting worker's compensation coverage, shall name the City, its engineer, and each of its directors, officers, agents and employees, as determined by the City, as additional insureds on said policies. Insurers must be licensed to do business in the State of California. The Insurers must also have an "A" policyholder's rating and a financial rating of at least Class VII in accordance with the current Best's Guide Rating. D. Before Contractor performs any work at., or prepares or delivers materials to, the site of construction, Contractor shall furnish certificates of insurance evidencing the foregoing insurance coverages and such certificates shall provide the name and policy number of each carrier and policy and that the insurance is in force and will not be canceled or modified without thirty (30) days written notice to the City. Contractor shall maintain all of the foregoing insurance coverages in force until the work under this Contract is fully completed. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of the City by Contractor under this Contract and for the duration of the warranty period. Notwithstanding nor diminishing the obligations of Contractor with respect to the foregoing, Contractor shall maintain in full force and effect during the life of this Contract, the following insurance in amounts not less than the amounts specified and issued by a company admitted in California and having a Best's Guide Rating of A., Class VII or better. `Worker's Compensation Liability In accordance with the Worker's Compensation Act of the State of California - $1,000,000 per occurrence. Insurance Agreement Page 1 of 2 Public Liability - either commercial general Combined single limit of$1.0 million per liability or comprehensive general liability; occurrence; $2.0 million in the aggregate. including provisions for contractual liability, personal injury, independent contractors and property damage coverages. Automobile Liability - comprehensive covering Combined single limit of$1.0 million per owned, non-owned and hired automobiles. occurrence. Consultants only: Errors and Omissions liability. $1.0 million per occurrence. (Contrac s Name) Dated: ��jp-y19� L Insurance Agreement Page 2 of 2 C:t7 of C11p2Tf1I10 CERTIFICATE OF INS'C�RANCE TO THE CITY OF CUPERTINO This cer*dEes to the City of Cupertino that the following described policies have been issued :o the insarcd named 'below and are in force at this time. Ins, Zumwalt Engineering Group Address:2680 Bishop Drive, Suite 150 San Ramon, CA 94585 _ .Dcsc:ipticn of operafors/locatiors/prod::cts insured (show contact name and/or number. if any): WORKER'S CO'N PENSATION * Statutory iV(in. * Employer's Amer; --in A romnhi l e Tns Co. Lability (name of insurer) 51 ,000.000 S 11.000 .000 5 1,000. 000 7Lszzancr Company's State License No. WZP80814356 Check Policy Type: Each. Occurrence S 1 ,000,000 CO3IIPREHEi`.iSl'V7E GEti'E,R�I. _ ... - Premises/Operations- Gener-ii A (if acphdabie) [ j Owners& Contactors Pr otecTive A;�eyste $ [ ] Contactual for Specific Contract Personal injury 5 1,000,000 ( j Products Liability ( j XCU-Hazards ( j Broad Form P_D- Fire 1Dar.LZg^(any one Ere) S -)00,000 ( ] Severabiiity of interest Cause [ j Personal Injury with Medical Expense 5 5,000 Empiovee Exciusion Removed (any one person) or Self-insured CONEY ERCLU GENEPuL LLA EELITY Reterition 5 New Hampshire Insurance Co. i : .-: . (name of insurer) Policy NN,o. CAP 303925904 - Ex�irationDate 2/11/00 Certificate of Insurmce Page I of-7 AUTOMOTIVEIVEHICLE LIABILITY 130DILY LNNZ RY PROPERTY DANLAGE Commercial Form Each Person Each Accident Liability Coverage TI 1,000,000 S1 ,000,000 Each Accident New Hampshire Ins. Co. (name of insurer) j S_ or i Combined Single Limit S 1.,000,000 i Policy No. CAP 303928904 ExYi.-aron !Date 2/11/00 i A copv of ail Endorsements to the polic,/(ies) which in any way (agent's initial) I=it the aeo v e-I1sTea types of coverage are attached to this C--rtificare of lzsun nce. This Cert=-cate of Insurance is act an insurance policy and does not amend, extend or alter the covera;e afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or any other dcc.L:nent with res-oc= to which this Certificate of insurance may be issued or may pertain, the irsunauce afforded by the policies described'herein is; subject to ail the terms, exclusions and conditions of such policies. IT IS HEREBY CE. i�FD ha*_ 'tire aoove policv(ies) provide iiabiiity- inscra.= as r=uir°d by the. .ge-e—ne be. the ty and the insured. BV: Dated: August 10 l9 99 Attach Cardficate of Insurance and Additional insured Endorsement on company forms. CertifCate of Ins=nce Pie 2 0*2 Cite of Cupertino ZNDORSEMENT OF PRLNL*�LRY LNSLRANCE In consideration of the policy premium and nonvithstanding any inconsistent statement in the:' Policy to which this Endorsement is attached or any other Endorsement attached thereto, it is agreed as follows: I T'ne insurance afforded by-his policy is prrnary insurance, and no additional insurance held or owned by the desim,ated additional irsur-:i(s) shall be called upon to cover a loss under said additional policy. i POLICY 1IMFOPUNIATION New Hampshire Insurance Co. 1. Insurance Company: _ 2. Insurance Policy Nurnber: CAP 303928904 3. Effective Date of this Endorsement: August 10, 19 99 14. Lasu ed: Zumwalt Engineering Group I All notices herein provided to be given. by the Insurance Co=anv to the City in! connection with this policy and this :additional Insured Endorsement, shall'be :trailed to or delivered to the City at 1900 Torre Avenue; Cup�n :no, California 9414. I, Shirlee F. Kumar, CPCU (print/type rlame) warrant that I have authority to bind the below listed .sa-aace Company and by my- signature hereon do so bind this Company. Signature of:authorized Representative: A.,R � (Original signanure required on all Endorsements fUrnish e to the District) Name of Agent/Agency: Shirlee F. Kumar, CPCU 'j'ite:Account Manager Dealey, Renton & Associates , I lAddress: -P.O. Box 12675 Teiephone510 465 5090 ak an b ;D Facsinul e: 510 452 219 a ?-,=ary a-idorsement Page 1 of 1 City Of Cupertino ADDITIOSAL r4Sti.RED EN-DORSEINMtiT In consideration of the policy premium and notwithstanding any inconsistent statement in :he� policy to which this Endorse-ment is attacaed or any other Endorsement atached thereto. it is agreed as follows: I i ( T'ne City of Cupertino ("City's and its directors, officers, engineers, agents and employees, and all public agencies from whom permits ME be obtained and their dire—cm 'o�cers„ eng=cers, agents and employers are hereby declared to be additional insureds under the te. 0 of this policy, but only with respect to the operations of.the Contractor at or upon any of the premises of the City in connection with the Con-tact with the City, or acts or omissions of the additional insureds in connection with, but limited to its general supervision or inspection of said OD et3LtOnS. POLICY INFORtiiA,TiON f L. Insurance Coznpany:New ,Hampshire Insurance Co. 2. L:surancaPolicyNumber: CAP 303928904 _ 3. Efrcr-dve Date of this Endorsement:_ A_ lls'_y�� 19 14- Lasured: Zumwalt Engineering Group _ Ail notices herein provided to be given by the: insurance Company to the City in connection I with this policy and this Additional Insured Endorsement, shall be mailed to or delivered to the City at :0300 Torre Avenue, Cupertino, Calif=11122 95014. I, Shirlee F. Kumar, CPCU (print/type name) warrant that I have authority to bind the below listed urance ompany and by my signatue� 'he=a do so bind this Company. Signature of Authorized Representative: JA I (Original signature required on all Eadots meta s .TEMs ea to a 1st,:ict) Names of Agent/Agency: Shirlee F. Kumar _ Titie:Account Manager Dealey, Renton & Associates :address P.O. Box 12675 Telephone: 510 465- 3090 Oakland, CA. 94604-2675 Facsimile: 510 452- 2193 Additional Insumd Bndomement Page I of I &. 0 of Cupertino COMTREHENSa-E GENERAL LIABILITY CO.51[ERCIAL GENEP L LLABII.ITY ENDORSE:YIENT OF AGGREGATE LLtiIaTS OF INSURANCE PER PROJECT In consideration of:he policy premium and notwithstanding any inconsistent statement in the policy to which this Endorsement is anached or any other Endorsement attached thereto, it is. agretd as follows: I This E.-tdorse—ment modifies the in urance provided under, the General Liability Coverage -.art!, of the below-referenced policy of insuranc-. Tne general aggregate limit under LMTS OF j2NK UkNCE applies separately to the project. described as POLICY INFORMATION I I. lnsurance Com7oanv: New HamDshire Insurance Co. I 2. Instzranee Policv Number: CAP 303928904 3. Effective Date of this Endorsement: August :L(D 19 99 4. Insured: Zumwalt Engineering Group 5. Additional Insured: City of Cupertino, its directors, officers, agents and e4 ployees. All notices herein provided to be given by the: Insurance Company to the City in connections with this policy and this Additional Insured Endorsement, shall be mailed to or delivered to the: City at 10',00 Torte Avenue; Cupertino, California 95014. 1, Shirlee_F. Kumar, CPCU (print/type name) i warrant that I have authority to bind the below lisi'd In=' ce Company and by my signature hereon do so bind this Company. ,DEA4 NT & TES . I wL Signature of Authorizedpresentative: (Original siz ature required on all Endorscmentz t:ed to the District) Names of Agent/Agen(;�/:Shi rlee F. Kumar. CpCIJ _ Title:acrnnnr Managt-r Address: Dealev Renton & Associates _ Teleo hone: 510 465- 3090 P.O. Box 12675 _ Facsimile: 510 452 2193 I Oakland, CA 94604-2655 M Aggregate Limits Endo:-sement Page 1 of i City of Cupertino WAIVER OF SLBROGAT'ION ENDORSENILN'T WORKER'S COItiIFENSATION INSL-RANCE In consideration of the policy pr-,=4= and notwithstanding any inconsistent statement in the Policy to which this Endorsement is attached or any other Endorsement attached thereto, it is agreed as follows: It is agreed.that with respect to such ins rand: as is afforded by the policy, the Inst:rarce! Company waives any right of subro;ation it may rewire against the City of Cupertino, and each of its directors, officcm, agents, consultants and employees by reason of any payment ma.dc on account of injury, including death restating ttherefmm, sustained by any employer of the insured, arising out of the per orn=Ace of the above-referen._d Contract- POLICY LNFOPUMATION t. IrsunnceComD_an-V: American Motorists ]Insurance Co. (Kemper) r 2. Ins=acc Policy dumber WZP80814356 i 3. Effective Date of this Endorsement: August 10 19 99 I 4. Insuied: Zumwalt Engineering i All notices herein provided to be given by the Insuranc-- Company to the City in connection with this policy and this Additional Insured Endor;=ent shall be mailed to or delivered to the City at 10300 Torre Avenue; Cupertino, California 95014. I, Shirlee F. Kumar, CPCU (print/type name) warrant that I have authority to bind the below list. e Company and by my signature hereon do so bind this Company. Signature of Authorized Representative: j (Ori`szz.^.al signature .-quircd on all :indorsements fiirnished to the District) Names of Agent'Agency: Shirlee F. Kumar, CPCU T tie:Account Manager Dealey, Renton -& Associates P .O . Box 126'5 ;4dd:ess: T deohone: 510 465 3090 aan , , 5 ---- Facsimile: S10 452- 2193 Subrogation Endorsement ?ace i of 1 P City of CupeTtino NOTICE OF POLICY C. _NCELLATION E:rDORSEIEENT In consideration of:he policy premium and notwithstanding any inconsistent statement m the policy to which this Endorsement is attached ar any other Endorsement attached thereto, it is weed as follows: Cancellation Notice. Tne insurance worded by this policy shall not be suspended,' -voided, canceled, reduced in coverage or in limits, or materially altered, except after thirty (3 0) i days'prior written notice by certned mail, return receipt requested, has been given to the City of Cupertino ("City"). Such notice shall be addressed to the City as indicated below. POLICY EYFORIIIATION i. Insurance Company: New Hampshire Insurance Co. Insurance PolicyNurnber. CAP 503928904 - ;. Effective Date of this Endorsement: August ^0 1999 4. Insured: Zumwalt Engineering Group All notices herein provided to be given by the Insurance Company to the City in connection ,rith this policy and this Additional Insured Endoizement, shall be mailed to or delivered to the City at 10300 Torre ?.venue; Cupertino, California 95014. j, Shirlee F. Kumar, CPCU (printltype name) warrant that I have -authority to bind the below UstedApsurance Cqgnpany and by my signature hcrcon do so bind this Company. Signature of Authorized Representative: Mf_4_ jZ;6 (Original signature required on all Endorsements furnished to the District) Names of er Agent/Agency:� ur1�P F imar _ D(_!' i Tale: Account Manac Dealey, Renton & Associates Address: P .O . Box 126, _ Telephone:510 465 3090 Oakland, CA 94604-2675 Facsimile: 510 452 2193 Cancellation Endorse:nent Page I of I _ [JVPIYY 141711 r CERTIFICATE OF LIABILITY LNSVRANCE DATE(MM/DD/YY) 10/15/99 P?0&UCER ` THIS CERTIFICA � _,,,+lS ISSUED AS A MATTER OF INFORMATION Dealey, Renton & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P. O. Box 12675 Attn• SFK HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Oakland, CA 94604-2675 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 510 465-3090 INSURERS AFFORDING COVERAGE INSURED INSURERA:NeW Hampshire Insura ce n Co Zumwalt Engineering Group INSURER B:American Automobile Ins. Co. 2680 Bishop Drive, Suite 150 INSURER c:General Ins. Co. of America San Ramon, CA 94583 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS R POLICY EFFECTIVE POLICY EXPIRATION .LTR. TYPE OF INSURANCE POLICY NUMBER DATE MM/ D/. DATE(MM/DD/M LIMITS A GENERAL LIABILITY CAP303928904 02/11/99 '02/11/00 OX RRENCE Sl QQQ QQ'Q X COMMERCIAL GENERAL LIABILITY E(Any one fire) $3 Q Q QQ Q CLAIMS MADE OCCUR y one person) $5 Q Q Q ADVINJURY $1 OOO OOO GREGATE $2 Q Q Q Q Q Q GEN'LAGGREGATELIMITAPPLIE_SPER: COMP/OPAGG $ X POLICY PRO LOC JE A AUTOMOBILE LIABILITY CAP303928904 0'2/11•/99 02/11,/0.0. COMBINED•SINGLELIMIT ANYAUTO _ (Ea accident) $1- 000, 000 ALL OWNED AUTOS _ - - ..... ..SCHEDUL•ED AUTOS � '- � .'' _.-.c_. ._� .• -._... - „ ^.__ .__.-__{Per PiersonINJURY, _ X HIRED AUTOS _.._. BODILY INJURY X NON-OWNED AUTOS (Peraccident) PROPERTY DAMAGE $ ' (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE Is DEDUCTIBLE RETENTION S B YWORKERSCOMPENSATIONA`iD WZP80814356 07/01/99 07/01/0O _K1 WCSTATU- OTH EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $1 000 000 E.L.DISEASE-EA EMPLOYE $1 000 000 E.L.DISEASE-POLICY $1 000, 000 C OTHERProfessional CM7850939A 02/01/99 02/01/00 $1, 000, 000 ea. claim & iability annual aggregate _$5, 000 Ded. @ Claim DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS-ADDED BY ENDORSEMENT/SPECIAL PROVISIONS All operations of the Named Insured Project: Transportation Projects CERTIFICATE HOLDER I X ADD I IONALINSURED•INSURERLETTER: A CANCELLATION _ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City Of Cupertino 3 DATETHEREOF,THE ISSUING INSURER WILLy,1¢(7JZgAIL3Q DAYSWRITTEN- 10300 Torre Avenue NOTICETOTHE CERTIFICATE HOLDER NAMED TO THE LEFf,)Q p¢X3W3M3MV_X Cupertino, CA 95014 >� xoa�ayccotoo>Raa�w»axoa�i�ao �tes�a 4. F�PII�66 /I�U�S. op¢EBl�NBBEBfII�AI>�JC.I ITES ACORD 25-S(7/97)1 of 1 #21914 1 MB © ACORD CORPORATION 1988