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17-030 Master Agreement with Traffic Data Service for Consultant Services for On-Call Traffic Data Collection Services
MASTER AGREEMENT BETWEEN THE CITY OF CUPERTINO AND TRAFFIC DATA SERVICE FOR CONSULTANT SERVICES FOR ON-CALL TRAFFIC DATA COLLECTION SERVICES This Master Agreement for Consultant Services ("Agreement"), dated ~ ?,,<../ ~ 11- is entered into by and between City of Cupertino, a municipal corporation ("City"), and Traffic Data Service , a sole proprietor, hereinafter referred to as "Consultant". RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the Constitution and the statutes of the State of California and the Cupertino Municipal Code. B . Consultant is specially trained, experienced and competent to perform the traffic data collections services ("Services") required by this Agreement. C . Consultant possess the skills , experiences , ability background , certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein . D . City and Consultant desire to enter into an agreement for On-Call Traffic Data Collection Services upon the terms and conditions herein. NOW, THEREFORE , it is mutually agreed by and between the undersigned parties as follows : TERMS AND CONDITIONS 1. TERM: The term of this Agreement ("Term") will begin on the date this Agreement is fully executed by both parties and will terminate on February 28, 2019, unless terminated earlier as set forth below . 2. SERVICES TO BE PERFORMED: Consultant will provide Services under this Agreement on an "as needed " basis, in response to and in compliance with this Agreement and the Scope of Services set forth in Exhibit A, Scope of Services , attached hereto and incorporated herein, and in compliance with each Service Order authorized by the City . The City has sole discretion to authorize any Service Order, but has no obligation to authorize any Service Order under this Agreement. Services may only be provided by Consultant in response to and in compliance with a Service Order issued by the City's Director of Public Works or his or her delegee (collectively, "Director") in accordance with the following procedures , except or unless otherwise specified in Exhibit A: A. Service Order Development. The Director will provide a written request for City of Cupertino Page 1 of 17 Traffic Data Service For : On-Call Traffic Data Collection Consultant's Services, including a request to schedule a meeting within a specified time to discuss the requested Services . The Consultant will meet with the City within the time specified in the written request. After the initial meeting , Consultant must submit to City within the time specified by the City, a written proposal which includes, at a minimum , the specific scope of services, schedule of performance , and compensation. Following receipt and review of the written proposal , the parties will meet to discuss the proposal and the terms of the Service Order to be issued by the City. The City will prepare a Service Order, using the Service Order Form attached as Exhibit B, Service Order Form, attached hereto and incorporated herein , specifying the scope of Services, deliverables, the schedule of performance , compensation and any other applicable terms. The Director has the discretionary authority, but not the obligation, to streamline these procedures, e .g ., conferring by telephone instead of meeting , when the Director deems it is in the City 's best interest to do so . B. Service Order Execution. The Service Order must be executed by authorized representatives for each party before any Services may be performed . Consultant will not be entitled to compensation for any Services performed without a duly authorized and fully executed Service Order. C. Reports. Consultant must provide City with written reports concerning the status of Services required under this Agreement, at the time and in the form required by the City. 3. SCHEDULE OF PERFORMANCE: All Services must be provided within the time specified in the schedule of performance for each Service Order. All Services under this Agreement must be completed on or before the end of the Term. The schedule of performance for a Service Order may not extend beyond the Term . 4. COMPENSATION: A. Not to Exceed Limits. Compensation for Services provided under each Service Order will be based on the rates set forth in Exhibit C, Compensation, attached hereto and incorporated herein, and will be subject to any maximum compensation limit specified in the Service Order. The total, aggregate compensation to be paid to Consultant during the Term of this Agreement may not exceed Forty Thousand Dollars ($40,000 .00). B. Invoices and Payments. City will pay Consultant for Services satisfactorily provided under a Service Order, within 30 days following receipt of a properly submitted invoice for Services provided during the preceding calendar month, unless otherwise provided by a Service Order. Unless otherwise provided by a Service Order, each invoice must include, for each day Services were provided: 1 . The name of each individual providing Services; 2. A succinct summary of the Services performed by each such individual ; 3 . The time spent by each individual providing those Services; 4 . The applicable hourly billing rate and payment due; and 5. A detailed breakdown of all allowable expenses . All hourly rates and allowable expenses must conform to the City-approved rates set forth in Exhibit C . City of Cupertino Traffic Data Service For : On-Call Traffic Data Collection Page 2 of 17 5. TIME IS OF THE ESSENCE: Time is of the essence for the performance of all Services required under each Service Order and for all of Consultant's duties under this Agreement. Consultant must at all times have sufficient , qualified staff or subconsultants assigned to provide timely provision of all Services under this Agreement. Consultant must respond promptly to Service Order requests; and , when applicable, to contractor requests , including, but not limited to, requests for information, substitution requests and change order requests. 6. STANDARD OF CARE: Consultant agrees to perform all services here under tin a manner commensurate with the practice of a professional that specializes in performing professional services of a like nature and complexity , and agrees that all services shall be performed by similar qualified and experienced personnel who are not employed by the City nor have any contractual relationship with the City . 7 . ERRORS AND OMISSIONS: Consultant is solely responsible for all of its or its subconsultants' errors and omissions and must promptly correct any and all such errors and omissions at its sole expense . Consultant must also take appropriate measures to avoid or mitigate any delay , liability or costs resulting from any such errors or omissions . This provision survives expiration or termination of this Agreement. 8. PROJECT COORDINATION: A. City's Representative. The Director's authorized delegee, David Stillman, will be the City's representative for all purposes under this Agreement, serving as the Project Manager with authority to oversee the progress and performance of Services under this Agreement. The City reserves the right to replace or provide a substitute Project Manager at any time, and without prior notice to the Consultant. 8. Consultant's Representative. Consultant will assign a single Project Executive , subject to City approval, with authority to receive and act on directions from the City and responsibility for the progress and performance of Services under this Agreement. The designated Project Executive is Bob Van Boening. If a substitute or replacement Project Executive is required for any reason, the City must be notified of the need as soon as possible , Consultant's designation of the individual proposed to serve as the substitute or replacement will be subject to the Director's prior written approval. Consultant is not entitled to compensation for the time required for the substitute or replacement Project Executive to obtain sufficient knowledge of the required Services to fully assume the former Project Executive's responsibilities . 9. HOLD HARMLESS: A. Claims for Professional Liability. Where the law establishes a standard fo care for Consultant's Professional services, and to the extent the Consultant breaches or fails to meet such established standard of care, Consultant shall to the fullest extent allowed by law City of Cupertino Traffic Data Service For : On -Call Traffic Data Collection Page 3 of 17 with respect to all services performed in connection with the Agreement, indemnify, defend, and hold harmless the City and its officers , officials, agents, employees and volunteers from and against any all liability, claims, actions, causes of action or demands whatsoever against any of them including any injury to or death of any person or damage to property or other liability of any nature, that arise out of, pertain to, or relate to negligence, reckless, or willful misconduct of Consultant or Consultant's employees, officers , officials, agents or independent contractors . Such costs and expenses shall include reasonable attorneys' fees of counsel of City 's choice, expert fees and all other cost and fees of litigation . Consultant shall not be obligated under this Agreement to indemnify City to the extent that the damage is caused by the sole negligence of willful misconduct of City , its agents or employees . B. Claims For Other Liability. Consultant shall , to the fullest extent allowed by law , with respect to all services performed in connection with the Agreement indemnify , defend, and hold harmless to City and its officers , officials, agents, employees and volunteers from and against any and all liability, claims, actions , causes of action or demands whatsoever against any of them, including any injury to or death of any person or damages to property or other liability of any nature, that arise out of, pertain to, or relate to the performance of this Agreement by Consultant or Consultant's employees, officers , officials , agents or independent contractors . Such cost and expenses shall include reasonable attorneys ' fees of counsel of City's choice, expert fees and all other costs and fees of litigation . 10. INSURANCE: On or before the commencement of the Term of this Agreement , Consultant must furnish City with certificates showing the type , amount, effective dates and dates of expiration of insurance coverage required in this section . Such certificates, which do not limit Consultant's indemnification obligations, must also contain substantially the following statement: "If any of the above insurance covered by this certificate is canceled before the expiration date thereof, the insurer affording coverage will provide 30 days advance written notice to the City of Cupertino , Attention: City Manager." Consultant will maintain in force at all times during the performance of this Agreement all insurance coverage required by this Agreement with an insurance company that is acceptable to City and authorized to do insurance business in the State of California . Consultant must also submit endorsements with the certificates naming the City as additional insured in relation to the commercial general liability and commercial automobile liability policies, as further specified below. A. Coverage. Consultant must maintain the following insurance coverage : 1. Workers' Compensation: Statutory coverage as required by the State of California . 2 . Liability: Commercial general liability coverage in the following minimum limits: City of Cupertino Traffic Data Serv ice Bodily Injury: Property Damage: For : On-Call Traffic Data Collection $500,000 each occurrence $1 ,000,000 aggregate -all other $100,000 each occurrence $250 ,000 aggregate Page 4 of 17 If submitted , combined single limit policy with aggregate limits in the amounts of $1 ,000 ,000 will be considered equivalent to the required minimum limits shown above . 3 . Automotive: Commercial automotive liability coverage for owned , non-owned and hired vehicles, in the following minimum limits : Bodily Injury: $500 ,000 each occurrence Property Damage : $100,000 each occurrence or Combined Single Limit: $500,000 each accident 4 . Professional Liability: Professional liability insurance which includes coverage for the professional acts , errors and omissions of Consultant in the amount of at least $1,000,000 per claim and in the aggregate. The professional liability insurance must include prior acts coverage, which must remain in effect for four years following the earlier of expiration or termination of the Term of this Agreement. B. Subrogation Waiver . Consultant agrees that in the event of loss due to any of the perils for which he/she has agreed to provide comprehens ive general and automotive liability insurance, Consultant shall look solely to his/her insurance for recovery . Consultant hereby grants to City , on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant OF City with respect to the services of Consultant herein , a waiver of any right to subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance . C. Failure to Comply . If Consultant at any time during the Term of this Agreement fa ils to secure or maintain the required insurance, City may obtain or maintain the insurance in the Consultant's name or on behalf of the Consultant and will be compensated by the Consultant for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid . D. Additional Insured Endorsements. City , its City Council, boards and commissions , officers, officials , employees , agents and volunteers must be named as additional insureds under all insurance coverages, except any worker's compensation and professional liability insurance , required by this Agreement. Any additional insured will not be held liable for any premium , deductible portion of any loss , or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured will not be required to contribute anything toward any loss or expense covered by the insurance required under this Agreement. E. Sufficiency of Insurance. The insurance limits required by City are not represented as being sufficient to protect Consultant. Consultant is advised to confer with Consultant's insurance broker to determine adequate coverage for Consultant. City of Cupertino Traffic Data Service For : On -Call Traffic Data Collection Page 5 of 17 11. INDEPENDENT CONTRACTOR: City and Consultant intend that the relationship between them created by this Agreement is that of owner-independent contractor. The manner and means of providing the Services are under the control of Consultant , except to the extent they are limited by statute , rule or regulation and the express terms of this Agreement. No civil serv ice status or other right of employment w ill be acquired by virtue of Consultant's performance of the Services . None of the benefits provided by City to its employees , including , but not lim ited to, unemployment insurance , workers ' compensation plans , vacation and sick leave , are available from City to Consultant , its employees or agents. Deductions will not be made for any state o r fede ral taxes , FICA payments , PERS payments, or other purposes normally associated with an employer-employee relationship from any payments due to Consultant. Payments for the above items , if required , are the responsibility of Consultant. 12. SUBCONSULTANTS: Unless prior written consent from City is obtained , only those indiv iduals and subconsultants whose names are included in this Agreement , including the Exh ibits hereto , may provide Se rvices under this Agreement. Consultant must require all of its subconsultants providing Services under th is Agreement to comply with the terms and conditions of this Agreement. Any subconsultants employed by Consultant must be required to furnish proof of workers' compensation insurance and must also be required to carry general , automobile and profess ional liability insurance in reasonable conformity to the insurance required for Consultant. 13 . IMMIGRATION REFORM AND CONTROL ACT (IRCA): Consultant assumes any and all responsibility for verifying the identity and employment authorization of all of its employees performing the Services , pursuant to all applicable IRCA or other federal , or state laws , rules or regulations . Consultant will indemnify and hold City harmless from and against any loss, damage , liability , costs or expenses aris ing from any noncompliance with this section by Consultant. 14. NON-DISCRIMINATION: Consistent with City 's policy that harassment and discrimination are unacceptable employer or employee conduct , Consultant agrees that harassment or discrimination directed toward a job applicant , an employee , a City employee , or any other person , by Consultant or Consultant's employees or subconsultants on the basis of race , religious creed, color, national origin , ancestry , handicap, disability, marital status , pregnancy, sex , age , sexual orientation , or any other protected classification will not be tolerated . Any violation of this provision by Consultant , its employees, subconsultants or agents constitutes a material breach of this Agreement , and grounds for terminat ion for cause. 15. PROHIBITION AGAINST TRANSFERS: Consultant will not ass ign , sublease, hypothecate, or transfer this Agreement, or any interest therein , directly or indirectly, by operation of law o r otherwise , without prior written consent of City . Any attempt to do so without City's consent will be null and void, and any assignee , sublessee , hypothecate or transferee will acquire no right or interest by reason of any attempted assignment , hypothecation or transfer. The sale, assignment , transfer or other d isposition of any City of Cupertino Page 6 of 17 Traffic Data Service Fo r: On -Call Traffic Data Collec tion of the issued and outstanding capital stock of Consultant , or of the interest of any general partner or joint venturer or syndicate member or cotenant , if Consultant is a partnership or joint venture or syndicate or cotenancy, which results in changing the control of Consultant as a legal entity , will be construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power of the business entity . 16. PERMITS AND LICENSES: Consultant , at its sole expense , must obtain and maintain during the term of this Agreement, all appropriate permits , certificates and licenses including, but not limited to, a City Business License that may be required in connection with the performance of the Services. 17. REPORTS: A. Each and every report , draft , work product, map , record and other document, hereinafter collectively referred to as "Report", reproduced , prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement , shall be the exclusive property of City . Consultant shall not copyright any Report required by this Agreement and shall execute appropriate documents to assign to City the copyright to Reports created pursuant to this Agreement. Any Report , information and data acquired or required by this Agreement shall become the property of City , and all publication rights are reserved to City . Consultant may retain a copy of any report furnished to the City pursuant to this Agreement. B . All Reports prepared by Consultant may be used by City in execution or implementation of: (1) The original Project for which Consultant was hired ; (2) Completion of the original Project by others ; (3) Subsequent additions to the original project ; and/or (4) Other City projects as City deems app rop r iate . C . Consultant shall , at such time and in such form as City may require , furnish reports concerning the status of services required under this Agreement. D. All Reports required to be provided by this Agreement shall be printed on recycled paper. All Reports shall be copied on both sides of the paper except for one original , which shall be single sided . E. No Report, information or other data given to or prepared or assembled by Consultant pursuant to this Agreement shall be made available to any individual or organization by Consultant without prior approval by City . 18. RECORDS: Consultant must maintain complete and accurate records with respect to sales , costs , expenses, receipts and other such information required by the City that relate to the performance of Services under this Agreement. Consultant must maintain adequate records of Services provided in sufficient detail to permit an evaluation of the Services . All such records must be maintained in accordance with generally accepted accounting principles and must be clearly identified and readily accessible. Consultant must provide free access to such books and records to the City or its agents at all t imes during Consultant's normal business hours . Consultant must give the City or its agents the right to examine and audit those items , and to make transcripts or copies as necessary , and to inspect all work, data , documents, proceedings and activities related to this Agreement. Such records , together with supporting documents, must be kept separate from other documents and records which are unrelated to this City of Cupertino Traffic Data Service For : On-Call Traffic Data Collection Page 7 of 17 Agreement and must be maintained for a period of three years after receipt of final payment from the City . If supplemental examination or audit of the records is necessary due to concerns raised by City's preliminary examination or audit of records, and the City 's supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of contract or failure to act in good faith , then Consultant must reimburse City for all reasonable costs and expenses associated with the supplemental examination or audit. The requirements of this section survive expiration or termination of this Agreement. 19. NOTICES: All notices, demands, requests or approvals to be given under this Agreement must be given in writing and will be deemed served when delivered personally; or on the second business day after the deposit thereof in the United States Mail, postage prepaid, registered or certified ; or upon confirmation of delivery by a reputable overnight delivery service. A. To City. All notices , demands, requests, or approvals from Consultant to City must be addressed to City at: City of Cupertino 10300 Torre Ave . Cupertino CA 95014 Attention: David Stillman B. To Consultant. All notices, demands, requests, or approvals from City to Consultant must be addressed to Consultant at: Traffic Data Service 6280 San Ignacio Ave ., Suite C San Jose, CA 95119 Attention : Bob Van Boeing 12. TERMINATION: A. Termination for Convenience. City may, at any time, acting in its sole discretion and without cause, terminate this Agreement for convenience by giving written notice to Consultant at least seven days before the effective date of the termination. If the Agreement is terminated pursuant to this paragraph, the City will compensate Consultant for all Services satisfactorily performed prior to the effective date and time of the termination , in accordance with this Agreement. B. Termination for Cause. If Consultant fails or refuses to perform any of its duties under this Agreement at the time and in the manner required, Consultant will be deemed in default of this Agreement. If the default is not cured or diligently attempted to be cured by Consultant within the time specified in the City's written notice of default, or if the Consultant has otherwise materially breached the Agreement, the City may terminate the Agreement for cause by giving written notice to Consultant at least seven days before the effective date of the termination, unless otherwise specified in the written notice of default. City of Cupertino Traffic Data Service For : On -Call Traffic Data Collection Page 8 of 17 C. Duties upon Termination. If the Agreement is terminated, whether for convenience or cause, within seven days of the effective date of the termination, Consultant must promptly deliver to City copies of all Work Product, deliverables, or documents prepared by Consultant under this Agreement, including both print and electronic versions . Full compliance w ith this requirement is a condition precedent to final payment following termination. This paragraph survives termination of the Agreement. 21. LEGAL REQUIREMENTS: Consultant must comply with all applicable local, state or federal laws , rules and regulations, and all ordinances , rules and regulations enacted or issued by City. In addition, if any of the Services provided under this Agreement are subject to prevailing wage requirements under Labor Code Section 1720 et seq., the following provisions apply to those Services: A. Prevailing Wages. To the extent applicable, Consultant must comply with the City's Labor Compliance Program and all other requirements set forth in Labor Code section 1770 et seq . B. Working Day. To the extent applicable, Consultant must comply with California Labor Code Section 1810 , et seq. which provides that work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, must be compensated as overtime , at not less than 1 ½ times the basic rate of pay. C. Payroll Records. To the extent applicable, Consultant must comply with California Labor Code Section 1776 which requires certified payroll records be maintained with the name , address, social security number, work classification, straight time and overtime hours worked each day and week , and the actual per diem wages paid to each journeyman , apprent ice, worker, or other employee employed by him or her in connection with this Agreement. The payroll records must be made available for inspection as provided in California Labor Code Section 1776 . D. Apprentices. To the extent applicable , Consultant must comply with California Labor Code Section 1777 .5 regarding apprentices. 22. DISPUTE RESOLUTION: This Agreement will be interpreted under and enforced by the laws of the State of California excepting any choice of law rules wh ich may direct the application of laws of another jurisdiction . The Agreement and obligations of the parties are subject to all valid laws , orders , rules , and regulations of the authorities having jurisdiction over this Agreement ( or the successors of those authorities). Any suits brought pursuant to this Agreement must be filed with the Superior Court for the County of Santa Clara, State of California , and no other place . If the parties engage in arbitration to resolve a dispute relating to this Agreement, the arbitrator's award must be supported by law and substantial evidence, and must include detailed written findings of law and fact. This section survives expiration or termination of the Agreement. 23. ATTORNEY FEES: If the City initiates a legal action, including a complaint or cross-complaint, arising out of, relating to or seeking the interpretation or enforcement of the terms of this Agreement , the prevailing party will be entitled to reasonable attorney fees and costs , including the attorney fees and costs City of Cupertino Traffic Data Service For : On-Call Traffic Data Collection Page 9 of 17 for any arbitration, appeal, or enforcement of judgment. This attorney fee provision does not apply to legal actions initiated by the Consultant. This section survives expiration or termination of the Agreement. 24. ADVERTISEMENT: Consultant may not post, exhibit, display or allow to be posted, exhibited, displayed any signs, advertising, posters or cards of any kind on City property performed under this Agreement without prior written approval from the City . 25. WAIVER: A waiver by City of any breach of any term, covenant, or condition contained herein will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character. 26. THIRD PARTY BENEFICIARIES: There are no intended third party beneficiaries of this Agreement. 27. RECITALS: The parties agree that the above recitals, which are made part of this Agreement, are true and correct. 28. INTEGRATED AND AMENDMENT: This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein . No verbal agreement or implied covenant will be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written instrument signed by authorized representatives for both City and Consultant. If any provision of this Agreement is determined to be illegal, invalid, or unenforceable by a court of competent jurisdiction, all remaining provisions will remain in full force and effect. 29. CONFLICT OF INTEREST: Consultant warrants that it is not a conflict of interest for Consultant to perform the Services required by this Agreement. Consultant may be required to fill out a conflict of interest form if the Services provided~under this Agreement require Consultant to make certain governmental decisions or serve in a staff capacity as defined in Title 2, Division 6, Section 18700 of the California Code of Regulations. 30. GIFTS: Consultant is familiar with City's prohibition against the acceptance of any gift by a City officer or designated employee, as set forth in City Administrative Procedures . Consultant agrees not to offer any City officer or designated employee any gift prohibited by the Administrative Procedures . Offering or giving a prohibited gift constitutes a material breach of this Agreement by Consultant. In addition to any other remedies City may have in law or equity, City may terminate this Agreement for cause as provided in Section 20 of this Agreement. City of Cupertino Traffic Data Service For : On -Call Traffic Data Collection Page 10 of 17 31. INSERTED PROVISIONS: Each provision and clause required by law to be inserted into the Agreement is deemed to be enacted herein, and the Agreement will be read and enforced as though each were included herein. If through mistake or otherwise, any such provision is not inserted or is not correctly inserted, the Agreement will be amended to make such insertion on application by either party. 32. EXECUTION: The person executing this Agreement on behalf of the Consultant represents and warrants that the Consultant has full right, power, and authority to enter into and carry out all actions contemplated by this Agreement and that he or she is authorized to execute this Agreement, which constitutes a legally binding obligation of Consultant. This Agreement may be executed in counterparts, each one of which is deemed an original and all of which, taken together, constitute a single binding instrument. 33. CAPTIONS AND TERMS The captions in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit or amplify the terms or provisions of this Agreement. All unchecked boxes do not apply to this Agreement IN WITNESS WHEREOF, the parties have caused the Agreement to be executed. CONSULTANT Traffic Data Service A Sole Proprietor s;fi,,~ (L.__~:;'.J Nameibb_ VJ../) Bo E'v'.,/1 ~ Title Af f?,,1 q9Je_ C Date _'.2/Z-4-ili.~_ Tax I.D . No.: L/7-556530 5 CITY OF CUPERTINO A Municipal Corporation By~,:,----- Timorden,Director of Public Works Date ~/3 j! 7 __ _ /-1 0 S 1 .. < . APPROVED AS TO FORM: Address: -~Q_Q __ B_!U::-9:i'<fe • 'D A\e.., Sie. C S'qv \ JOXiC A qs"~-»A- ~ Randolph Stevenson Hom, City Attorney ATIEST: City of Cupertino Traffic Data Service For: On-Call Traffic Data Collection ~~ " r,:;, Grace Schmidt, City Cl~ Contract Amount: ___ _ Account No .: I l:t, · ll:_r-f__j_~ ,'11)"1, J.Af.-~ V)-4' ~ ff\b-ir Pag e'11 of 17 ~ n , 1--s Exhibit A Scope of Services The scope of work may include but is not limited to: A. 7-Day Mechanical Tube Counts For each roadway segment subject to the Mechanical Tube Count method, the Consultant shall install road tubes and electronic counting equipment for each street segment travel direction for a 7-day period to collect vehicle volume, vehicle speed , and vehicle classification data . The Consultant shall not conduct any traffic counts on days with forecasted negative weather conditions such as rain or on a week that includes a City-designated Holiday. The Consultant shall not perform any traffic counts on days where normal traffic patterns are affected by nearby construction projects or scheduled special events. Additionally, counts shall be conducted during regular school session according to Cupertino School District calendar. The Consultant shall inspect the tube count locations periodically. Should the counting equipment be identified as not installed properly, become free of its installation , or impacted by vandalism , the Consultant shall remove the equipment immediately and reinstall it per the manufacturer 's recommendations at no additional cost to City. The Consultant shall not mount any electric counting equipment to trees. If traffic flow is affected directly or indirectly by construction work or any other abnormal condition at the time data collection begins, or while traffic data collection is in progress , the Consultant shall immediately stop data collection and notify City of such construction work or abnormal condition. The Consultant shall submit documentation of such construction work or abnormal condition (i.e., police report, photo, video , etc .). Upon verification by City of such construction work or abnormal condition, City shall compensate the Contractor for services provided at the particular intersection at one-half the rate applicable to professional services provided at an intersection in which a traffic count of the same method occur --Belivera-bles-:------------------------------- • Traffic count approach data aggregated to the 15-minute time intervals for the entire duration (7days) • Traffic count totals per traffic approach and for the total roadway segment for each day of the 7 days • The peak 3-hours for each Morning, Midday, and Evening peak including the twelve 15-minute peak intervals for each of the 7 days • The Average Daily Traffic (ADT) volume based off of the Tuesday, Wednesday, and Thursday counts City of Cupertino Traffic Data Service For : On-Call Traffic Data Collection Page 12 of 17 B. Peak Hour Turning Movement Counts For each intersection subject to the Peak Hour Count Method , the Consultant shall count each vehicular turning movement, and each pedestrian walk direction and bicycle movement at each intersection for the Morning Peak Hour Period from 7:00AM to 1 O:OOAM, and the Evening Peak Hour Period from 4:00PM to 7:00PM. Midday Peak Period from 11 :30AM to 1 :30PM traffic counts may also be performed. If the traffic data collected by the Consultant is inconsistent with historical traffic count data on record with City at any intersection, City in the sole discretion of City Traffic Engineer shall require the Consultant to recount the intersection for each or both peak periods; Condition Diagrams for the recounted traffic data shall also be provided. If the recounted traffic data is consistent with the Consultant's original traffic count at such intersection the original count shall be considered validated and consistent with the second count. City shall compensate the Consultant for the second count per the base count price included in the proposal for both peak periods even if only one peak period was recounted. If the recounted traffic data is inconsistent with the Consultant's original traffic count at such intersection, the original count shall be considered VOID and no additional compensation shall be provided for the second count. As location for counting is identified by the City, the Consultant shall specify a list of the turning movement equipment proposed for use on the Project. Deliverables: • Traffic count data in Microsoft Excel spreadsheet and PDF electric format. Each turning movement aggregated to the 15-minute time intervals for each peak period and identify the peak hour period and its associated volume count for each. • Diagram sketch of the intersection including: o Intersection name o Date and times of count o Field conditions at time of count including weather and pavement conditions o Names of traffic counters and quality assurance staff o Intersection geometry sketch including lane configurations ---o-~Fielcf Notesinclucling observations ocu·a-c~t-o-rs-t~a.,..:t :-im_p_a_c~t ~tr-a"ffi""1_c _c_o-un_t_s _______ _ (i.e., overflow conditions, traffic accidents, construction, etc .), estimates on the percentage of heavy truck traffic observed during the count and within each peak hour interval, and any illegal traffic patterns. o North arrow bearing C. School Pedestrian Classification Counts For each intersection subject to the School Pedestrian Classification Count, the Consultant shall manually collect the vehicle turning movement counts, the number of pedestrians City of Cupertino Traffic Data Service For: On-Call Traffic Data Collection Page 13 of 17 crossing each leg of the intersection classified by age group (school-age or adult), and the number of times adult crossing guards enter the intersection to guide pedestrians if appropriate. The Contractor shall collect data for I-hour in the morning commute and I-hour in the afternoon commute . Deliverables: • School Pedestrian count data in Microsoft Excel spreadsheet and PDF electric format. • Diagram sketch of the intersection including: o Intersection name o Date and times of count o Field conditions at time of count including weather o Names of traffic counters and quality assurance staff o Map sketch including lane configurations including crosswalks, traffic control device locations, pavement messages, and limit lines o Field notes including observations of factors that impact traffic counts o North arrow bearing D. 24 Hour Video Bicycle and Pedestrian Data The Consultant shall collect the bicycle and pedestrian counts on trails using a Video Surveillance Technology. The technology used for these counts must be approved by the City before use . All video results will become the property of the City and must be provided in a format that is accessible by the City. The Consultant will be responsible for the costs of processing the video and proper classification of bicycles and pedestrians. Deliverables: • Bicycle and pedestrian count and classification data aggregated to the 15-minute time intervals for the 24 hours in Microsoft Excel spreadsheet and PDF format. Spread sheet shall show the 15-minute interval totals and classification for direction of travel/movement type. -----------,e--R:aw-V-idee,--------------------------- City of Cupertino Traffic Data Service For: On-Call Traffic Data Collection Page 14 of 17 E. 72 Hour Mechanical Tube Intersection Approach Counts For each roadway segment subject to the Mechanical Tube Intersection Approach Count method , the Consultant shall install a minimum of two road tubes and/or electronic counting equipment for each street intersection approach for a 72 hour period to collect vehicle volume and /or vehicle speed data. Required data may consist of volume only (directional), volume only (non-directional), or volume and speed (directional), throughout the 72-hours period. Deliverables: • Traffic count approach data aggregated to the 15-minute time intervals for the entire duration (72 hours) • Traffic count totals per traffic approach and for the total roadway segment for each day of the 72 hours • The peak 3-hours for each Morning, Midday, and Evening peak including the twelve 15-minute peak intervals for each of the 7 days • The Average Daily Traffic (ADT) volume based off of the Tuesday, Wednesday, and Thursday counts City of Cupertino Traffic Data Service For: On-Call Traffic Data Collection Page15of17 Exhibit B Service Order Form The Consultant shall provide services under this Master Agreement on an "as needed " basis and only (1) upon written request form the City's Director of Public Works or authorized Agent as defined in Article 8 , Project Coordination and (2) as defined in fully executed Service Order. Section 1-Service Order Initiation A. The City Public Works Director or his designee shall provide written request for Consultant services as defined in this agreement. B. The City and Consultant shall discuss the proposal in detail and agree upon the terms of the Service Order. C . The City shall prepare a Project Service Order consistent with the City standard form, Service Order and Attachment A. The Service Order shall, at a minimum include (1) specific scope of services, deliverables, schedule of performance, and compensation . Section 2-Service Order Execution D . Both parties shall execute the Service Order as evidenced by the signature of the authorized representative defined in Article 8 of the Master Agreement, Project Coordination, and the date signed . E. The Consultant shall begin work on the scope of services only after receipt of a fully executed authorized Service Order defining those services . Consultant understands and agrees that work performed before the date of the authorized Service Order or outside of the scope of services once a Service Order is signed and authorized shall be at no cost to the City . F. The maximum compensation authorized by a single Service Order and/or the aggregate of Service Orders shall not exceed the maximum compensation set forth in Article 4 of the Master Agreement. City of Cupertino Traffic Data Service For : On-Call Traffic Data Collection Page 16 of 17 • Exhibit C Compensation The City shall compensate the Consultant according to the hourly rate(s) stated in this Exhibit which shall remain in effect for the Master Agreement schedule of performance unless changed by written amendment to the Master Agreement. Each authorized Service Order under this Master Agreement shall identify the method of compensation consistent with the scope of services provided by the Consultant in any case, the Consultant's total payment for each authorized Service Order shall not exceed the maximum compensation identified in that Service Order, unless authorized by written amendment executed by the City and the Consultant, and the total compensation for all authorized Service Orders shall not exceed the maximum compensation stated in Article 4, Compensation, of the Master Agreement. Work exceeding the total authorized amount of Service Order or the total compensation for the Master Agreement shall be at no cost to the City. Consultant Hourly Rate(s) The Consultant shall be compensated according to the following hourly rate(s) for all work performed under authorized Service Orders. 7-Day Mechanical Tube Counts Peak Hour Turning Movement Counts School Pedestrian Classification Counts 24 Hour Video Bicycle and Pedestrian Data 72 Hour Mechanical Tube Intersection Approach Counts City of Cupertino Traffic Data Service Labor Category Local/ Minor Collectors Arterial/ Major Collectors Local/ Minor Collectors Arterial/ Major Collectors Local/ Minor Collectors Arterial/ Major Collectors Local/ Minor Collectors Arterial/ Major Collectors volume only Local/ Minor Collectors ( directional) Arterial/ Major Collectors volume only Local/ Minor Collectors (non-directional) Arterial/ Major Collectors volume and speed Local/ Minor Collectors ( directional) Arterial/ Major Collectors For: On-Call Traffic Data Collection Master Agreement Rate ·350 /location ·35_0 /location 1-1-!:, /Intersection 1-L 5 /Intersection 3 0 011ntersection 4 0 () /Intersection 600 /location 600 /location 1..00 /Approach 2.00 /Approach 1,5 /Approach 1 ·, 9 /Approach ·150 /Approach 150 /Approach Page 17 of 17 AC~® CERTIFICATE OF LIABILITY INSURANCE ., DAT E (MM/D O/YYYY) ~ 8/24/2016 rT H.iS-CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE PO L ICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pol lcy(los) must be endorsed. If SUBROGATION IS WAIVED, subject to th e terms and condit ions of the policy, certain policies may require an endorsement. A statement on this c ertificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODU CER McCul.lough Ins u r ance Age n c y Inc . P.O . Box 1000 42 0 N . Humphr e y s ·--···-fc;cl'i;;r:···c"· JN,!l T Amanda Bernhart ~Jo,_E.x!.);~~8) 774-3345 ![.¢_~J'/_~J;_/9 2~J_?_79-~~--~J?Jhs : abernhart(!n1cculloughi n s uranca. com --·· ------·· ---,---------- E~aff ______ A Z I NSUR ED Traffic Da t a Servi c e , !..LC 2224 E Ceda r Ave St e 7 L__ INSURERiS) AFFORDING COVERAGE i NAIC # 86002. ___________________ ;::~::::~~; Secur~~-Insura nce Co·~-~ ~~~~-~8.~--= INSURER C : ___________ · Sta 7 Fla g s ta.f f AZ 86004 ;:::: ______ ---------------···-··-----3------ INSU RER F : , ' ...;;.C.::;O...;.V.=E.;.;RA:;..:..;.;G.::;E:.:;S _______ ...;C...;E .... Rc.cT..;.;IF • ..cl......cCATE NUMBER·l 6-1 7 Master REVIS ION NUMBER· TH IS IS TO CERTI FY TH AT THE POLI C IES OF IN S URANCE LI STED BELOW HAVE BEE N ISSUED TO T HE IN S URED NAMED ABOVE FOR THE POLICY PERIOD INDICATED . NOWl/iTH STANDING AN Y REQ UIREMENT, TERM OR CONDITION OF ANY CO NTRACT OR OTHER DOCUMENT v\~TH RE SPECT TO WrllCH THIS CE HTJFI CA TE MAY BE ISSU E D OR M AY PERTA IN , THE INSURANCE AFFORDED BY THE POLI CIES DES CRIBE D HERE IN IS SUBJE CT TO ALL THE T ERMS, E XC LUSI ONS AND CONDITIONS OF SUCH POLICIES . UMITS SHOWN MA Y HAVE BEEN REDUCED BY PAID CLA IMS. 1~f:. TY PE~;;NS URANCE ---T~~r · ·-POLl~, ... Y...,N""U""M"'BE ... R'--___ 1;.,a, ,.,.,~"'a'-"fB""%Yvwvi;.:., .:.EF:..F.,_.J '""'~"'"fv~LJ'-"?,'-'Yv'-'V-'"~p .. v1'+i ____ -____ L_IM_1T.,.s ________ l I X l..:~AME RCIALGEN E~LIABILITY /1 '1 ,, ! I ~g~gw~---LL. ___ ~_, 00 0 ' oo o_ A Cl _. i CLA IMS-MACE ~ OCCUR ! ,_E REMISE§Jg~ ccc1.mence) I $ ~00, 000 G ; -l __ , --------.---········--. ,.' X /,j Y ·,,I BKS56 26 1 002 j 9/1 7 /2 016 j 9 /17/2 0l.7 !"EOEXP (Any onepersonj . s 15,000 j I I !1'-~~§0NAL &AD'{_lf::J_Jj }R~· $ _ 1,000_,_~ GE N'L AGGREGAT E LIMIT APPLI ES PER : I / ! I GENERAL AGG f1 EGATE S 2,000 ,0 0 0 ~ ;PO LICY r-J ~~T [::::]we :, I ! I j ~VCTS-COMP/O?AGG+S __ 2,000_,~ I 1' I , s ,___ OTHE R: Hi red/No n-Own ed A u to i ·=..,,..,-=.-+' ______ _ TOMOBJ LE LIABILITY ! j I I I ~~t~?TNG LE L,MIT . S 1 ,000 ,000 ANY AUTO ,. _II I i j BO OI L Y INJURY (Per person) I $ ······---- A ~ :.~:!~:::s el ~~!I~~:~ 1 , ! ! BAS56 ?.6 1 002 1 1 os/23120 16 os/23/2011 !,, ~P~~~~d~~RA:::~~·~·--·- 1 : i , ! J ------1+------ , i UM B RE LLA UAB w. OCCUR i 1· , , ··---, EXCES S UAB j l C\.A IMS-f.•ADE I II i 11-;;-ri-;;;ENTION . · 1 i I-~ OC CUR REN CE i $ ~-~ _ _µ _____________ ..., ; I $ I WORKERS CO MPENSATION I ,, I i AND EMPLOYERS' LIABI LITY y /N i I AN Y PROPR !ETOR/PARTNE R:EXECUT !VE , ....•.• ,, . I OFF1C ER /MEM8ER EXC LU DED"/ j !, NI A , ! {Mandatory in Nii ) "·········'1 I I , If '/0S, dilscriha under I i ! DF.SCR IPIION OF OPERATIO NS below : ! 1 I I I I LJ"ER -I I OT H-! ~JATU1LL._ _ _,_E"'-'R-'-+' ----·----, E.L. EACH ACCIDE~T S --·-·----- ~~DISEA SE · EA EMPL OYEE 5 E.L. DISEASE· POLIC Y LIM IT , S -·-···----···· DESCRI PT ION OF OP ERATIONS/ LOCATIONS I VEHIC L ES (ACORD 101, Addl!io11al Remarks Scnedule, may be attached it 1nore space Is require d) ~--~~----c----------:--11------ ____ ,._C~i-t·y_o.f_Cnpe.r.!:ino ,-itS-ofJ::3cG¼al~_.,-emp-l-eyees-and--agent~h"a"'.l;l-l:5e named as additional insureds as respects Ge n e ral Liability per Form CG88100413. Polic ies s h a ll contain a waiver of subrogation per f orm CG88100413. The c o verage affor ded under this certi ficat e shall be pri.mar,.1 and not contributory , per form CG8 8100413. 1---------------------------------------------------------· CERTIFICATE HOLDER - City of Cupe rti no 1 0300 Torre Cupertino, ACORD 25 (201 4/01) I NS025 1?n14nll Ave CA 9 5014 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBE D POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WlLl. BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED RE PRESENTATIVE Ama n da Bernha r t /ABERN ~--·-·-··-,;:,.;e:!:<''...«:;";;:."'.~-·~· ······--·~ © 1988-2014 ACORD CORPORATION. All rights reserved. Th e A CORD name and logo are r egi st er ed m arks of ACORD City of Cupertino MASTER AGREEMENT FOR CONSULTANT SERVICES SERVICE ORDER MASTER AGREEMENT MA #: 2017 -5 Service Order #: 1 Maximum Compensation: $40 ,000 .00 Term: NTP: Februa ry 24, 2017 End Date: March 31 , 2017 Approval by: Consultant: Ci ty M a n ager D Dire cto r D City C ouncil D Ite m #: ____ _ Firm N a me: Traffic Data Services Street: 6280 San Ignacio Ave. Suite C Ci ty, Sta t e, Zip: San Jose , CA 95119 C ontact N a m e: Bob Van Boening PROJECT DESCRIPTION Project Name: Class Ill Bike Boulevard-Data Collection [!]Description: (simp le proj ect descripti on if appropriat e) Date: D a te : Phon e: 40 8-622-4787 ~f>.C)-U> ,~,..~ ft; ').(J/ 1-. 'f~ 3 hr-Turning Movement Counts (9 ea), 3 day-Speed/Count (16 ea). See attached for details []A tta chme nt A: Includes D escription of Proj e ct, Sc o p e of Se r v ic e , Sche dule of P e r for m a nce a nd Compe ns a tion CITY PROJECT MANAGEMENT M an aging -----~D=epartm ent: City of Cupertin o Ma ster Ag reem ent P ubli c Works _I>Loje~lManager: ~J~en~n~if~e~rC~bu:'.::=================:------ Page 1 o f 2 Service Order No. 1 City of Cupertino MASTER AGREEMENT FOR CONSULTANT SERVICES SERVICE ORDER BUDGET/ FISCAL Master Agreement Maximum Compensation: Previously Encumbered on MA: s.o . # ________________________ _ S.O. # _________________________ _ s.o . # ________________________ _ s.o. # _____________________ _ s.o . # __________________________ _ s.o. # ________________________ _ s.o. # ______________________ _ s.o. # _________________________ _ s.o. # _________________________ _ S.O. # ________________________ _ Amount $40,000 .00 Total Previously Encumbered to Date: $ 0.00 Encumbrance: s.o. n 1 1 tT'O· %Z · ~I.ff 1'"VD ,::k:>a Contract Manager: APPROVALS p..A-~o-ei.'2£lq ..... ~ (m ~l1"- Julie Chiu -./\/1 ,/-r7 ' ----- Current Unencumbered amount in MA:$ 40,0 00 .00 $6,025 .00 Tota l Encumbered to Date including this S.O.: $ 6,025 .0 0 Master Agreement Balance: $ 33,975.00 Date: March 9, 2017 Date: ;? /Cf/ 1 ·-7 Consultant. t;n':> V,,......... J;;L1 ,.P--.... -,'.l Director of Public Works: ~------Date : :y½/2 J Appropriation Certification: I hereb y certify that an unexpended appropriation is avai lable in the above fund for the ab o ve contract as estimated and that funds are available as of th is date of signature. City Finance: City of Cupertino Master Agreement Page 2 of2 Date : Service Order No. 1 Bike Routes -Data Collection locations Start End Sherry Dr McClellan Rd McClellan Rd Kirwin Mary Ave Castine Drive Stelling Road Beardon Drive Vista Drive N Blaney Ave N Blaney Ave N Portal Ave Merritt Drive Weaton Drive Fort Baker Dr Santa Teresa Dr I Linda Vista Dr ive !Terrace Drive Columbus Ave Linda Vista Wilkinson McCle llan Road Almaden Ave Almaden Ave !Hermosa Ave Pacifica Dr I Rodrigues Ave Finch Ave IS Tantau Ave Tilson Ave S Tantau Ave !Stern Ave Barnhart Ave Wunderlich Dr !Sterling Blvd Data Volume and speed counts I Vol um e and speed counts j Volume and speed counts j Vol um e and speed counts j Vol ume and speed counts I Vol ume and speed counts j Volume and speed counts j AM, PM School Peak TMCs ] Volume and speed counts I Vol um e and speed counts ] Volume and speed counts j Vol um e and speed counts J Volume and speed counts I Volume and speed counts I Volume and speed counts j AM, PM School Peak TMCs ] Volume and speed counts j AM, PM School Peak TMCs l Volume and speed counts j Reason Suggested location for collection Determine if speed management is sufficient Mid-way between existing speed humps Determine if speed management is sufficient Mid-way between existing speed humps Determine if speed management is necessary Between Meteor Pl and Esquire Pl Determine if speed management is necessary 660' east of Stelling Road Determine if speed management is necessary 150' east of Orange Tree Ln Determine if speed management is necessary 120' east of Baywood Ct Determine if speed management is necessary 500' north of Amherst Drive Determine the type of crossing treatment needed At the intersection of Hyannisport and Fort Baker Determine if speed management is sufficient 250' west of Santa Teresa Dr Determine if speed management is necessary Just north of La Paloma Drive Determine the type of crossing treatment needed Between Bel Aire Court and Santa Teresa Drive Determine if speed management is necessary Midblock between Alcazar Ave and San Ferdando Ave Determine if speed management is necessary Midblock between Lomita Ave and Hermosa Ave Determine if speed management is necessary 500' north of Pacifica Determine if speed management is necessary 530' east of Finch Determine the type of crossing treatment needed At the intersection of S Tantau and Tilson Determine if speed management is necessary Between Judy Ave and Bret Ave Determine the type of crossing treatment needed At the intersection of Wunderlich and Barnhart Determine if speed management is necessary Between Johnson Ave and Gascoigne Dr City of Cupertino MASTER AGREEMENT FOR CONSULTANT SERVICES SERVICE ORDER MASTER AGREEMENT MA #: 2017-5 Service Order #: 2 Maximum Compensation: $40 ,000 .00 Term: NTP: February 8, 2017 End Date: March 31 , 2017 Approval by: Consultant: City Manager D Director D City Council D Item #: ____ _ Firm Name: Traffic Data Services Street: 6280 San Ignacio Ave. Suite C City, State, Zip: San Jose , CA 95119 Contact Name: Bob Van Boening PROJECT DESCRIPTION Project Name: Class Ill Bike Boulevard-Data Collection !(•)!Description: (simple proj ect description if appropriate) Date: Date: Phone: 408-622-4787 Approach counts and turning movement counts. See attached for details []Attachment A: Includes Description of Project, Scope of Service, Schedule of Performance and Compensation CITY PROJECT MANAGEMENT Managing Department: Ci ty of Cuper tino Maste r Ag reem ent Public Works Project Manager: Julie Chiu ------------- P age I of 2 Se rv ice Order N o. I City of Cupertino MASTER AGREEMENT FOR CONSULTANT SERVICES SERVICE ORDER BUDGET I FISCAL Master Agreement Maximum Compensation: Previously Encumbered on MA: S.O. #_1 _____________________ _ S.O. # ________________________ _ S.0-:lt _______________________ _ S.O. # _____________________ _ S.O. # ________________________ _ S.O. # ________________________ _ S.O. # ________________________ _ S.O. # ________________________ _ s.o . # _____________________ _ S.O. # ________________________ _ Amount $40,000 .00 $6,025.00 Total Previously Encumbered to Date: $ 6,025.00 Current Unencumbered amount in MA: $ 33 ,975 .00 Encumbrance: s.o. # _2 ________________________ _ $8,075 .00 Total Encumbered to Date including this S.O.: $ 14 ,100 .00 Master Agreement Balance: $25,900 .00 Contract Manager: APPROVALS Julie Chiu Consultant: ··1:', I (L \-1 .9 ~~ /011 ~ 7 ;~ Director of Public Works: ~ Date: March 9, 2017 Date: { O / ( -S / i 1 Date: / ~ /-z 'fl /(7 Appropriation Certification: I hereby certify that an unexpended appropriation is available in the above fund for the above contract as estimated and that funds are available as of this date of signature. City Finance: City of Cupertino Master Agreement -w l ~~g~yst Date _/~~~' _%_/_{ t'_ , 19-0 -ii -f\l<+ · rao -1rJ :r fl9 tf'?m lg_ 81~ Page 2 of 2 Serv ice Order No. 1 Cro ss ing G uard Data Coll e ction 2 017 Ped Count -Data will be collected for 1 hour during the AM Start time and PM dismissal time . For days with 2 PM dismissal times col lect data for 1.5 hours, 30 mins prior to first dismissa l and 30 mins post seco nd dismissal. Approach Volumes-w ill be collected for 24 hours. Turning Movement Counts-Data will be collected for 1 hour during the AM Start time and PM dismissal time. For days with 2 PM d ismissa l times collect data for 1.5 hours, 30 mins prior to first dismissa l and 30 mins post seco nd dismissa l. Uncontrolled Cros sing 2 3 4 5 6 7 8 9 10 11 Scho o l La wso n Middle Lin co ln Elementary Lincoln Elementary Regnart Elementary Se dgwick Elementary Faria Elementary Stevens Creek Elementary Ga rden Gate Garden Gate Faria Elementary Hyd e Stop Sign-Crossing 12 13 14 15 16 17 18 19 Sc hoo l Collins Elem entary Collins Elementary Eato n Elementary Kennedy Middle Kennedy Middle Lawson Middle Se dgwick Elementary Sedgw ick Elementary Street 1 Vi sta Dr. McClell an Rd. McClellan Rd. Bubb Rd. Barnhart Ave . Scofield Dr. Bahl Street Castine Ave Ann Arbor Pepper Tree Ln Hyde Ave Street 1 N. Blan ey Ave. N. Blan ey Ave . 5. Blaney Ave . Bubb Rd. Hy annisport Dr. Forest Ave Shadygrove Dr Tantau Approach 1 hour 1.5 hour Counts Turning turning Movement movement Street 2 Merritt Dr. 3 2 Fro nting Lincoln Elementary 2 1 1 Orange Ave . 3 1 1 Regnart Rd 3 2 S. Tantau Ave 1 1 Barbara Dr 1 1 Ainsworth 1 1 Green leaf Dr 3 1 1 Green leaf Dr 1 1 Barbara Ln 3 1 1 Willowgrove 2 Approach 1 hour 1.5 hour Co unts Turning turning Movement movement Street 2 Forest Ave. 1 1 Merritt Dr. 1 1 Suisun Dr. 1 1 Hyannisport Dr. 2 Fort Baker Dr. 2 Vista Dr 2 S. Tantau Ave 1 1 Ti lsio n 1 1 Schoo l Hours Tuesd ays Wednesday Thursday AM PM AM PM AM PM 8:15 3:00 9:45 3:00 8:15 3:00 8:55 2 :25 8:55 2:55 and 3:25 8:55 2 :55 and 3 :25 8:55 2:25 8:55 2:55 and 3 :25 8:55 2:55 and 3:25 8:30 2:00 8 :30 2:35 8:30 2:35 9:00 2:25 9:00 3:00 and 3:30 9:00 3 :00 and 3:30 8:30 2:00 8:30 2:35 and 3:05 8:30 2:35 and 3:05 9:00 2:30 9:00 3:05 and 3:35 9:00 3:05 and 3:35 8:00 1:30 8:00 2:05 and 2:35 8:00 2:05 and 2:35 8:00 1 :3 0 8:00 2:05 and 2:34 7 :00 2:05 and 2:34 8:30 2:00 8:30 2:35 and 3:05 8:30 2:3 5 and 3:05 9:19 3:00 9:19 3:00 8:38 3:00 Schoo l Hours Tuesdays Wednesday Thu rsday AM PM AM PM AM PM 8:40 12 :55 8:40 2:45 and 3:15 8:40 2:45 and 3:15 8 :40 12:55 8:40 2:45 and 3:16 9:40 2:45 and 3:16 9 :00 2:30 9:00 3:05 and 3:35 9:00 3 :05 and 3:35 8:20 2:48 9:30 2 :48 8:20 2:48 8 :20 2:48 9:30 2:48 8:20 2:48 8:15 3:00 9:45 3:00 8:15 3:00 9:00 2:25 9:00 3:00 and 3:30 9:00 3:00 and 3:30 9:00 2:25 9:00 3:00 and 3:31 10:00 3:00 and 3:31 Signal-Controlled 20 21 22 23 24 Schoo l Garden Gate Elementary Lawson Middle Lawson Middle Lincoln Elementary Cupertino High Summary Approac h Co unts 1 hour Turning Movement 1.5 hou rturning movement St reet 1 Greenleaf Dr. N. De Anza Blvd. Vista Dr. McCle ll an Rd. Stevens Creek Blvd. Qty 17 33 15 Approach 1 hour Counts Turning Movement Street 2 St elli ng Rd. 1 Mariani Ave . 2 Stevens Creek Blvd. 2 Bubb Rd. 1 Finch Ave . 2 Unit Cost Cost $100.00 $1,700.00 $125.00 $4,125.00 $150.00 $2,250.00 Tota l Cost $8,075.00 School Hours Tuesdays Wednesday Thursday 1.5 hour turnin g movement AM PM AM PM AM PM 1 8:00 1:30 8:00 2:05 and 2:35 8:00 2:05 and 2:35 8:15 3:00 9:45 3:00 8:15 3:00 8:15 3:00 9:45 3 :00 8:15 3:00 1 8:55 2:25 8:55 2:55 and 3:25 8 :55 2:55 and 3:25 7:35 2:55 9:00 2:55 7:35 2:55