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TJKM - 2019 Citywide Speed Survey, RFP No. 18-RFP-PW-413AGREEMENT FOR SERVICES 2019 Citywide Speed Survey RFP No. 18- RFP -PW -413 This AGREEMENT made this 23rd day of July, 202018 between: CITY: City of Gilroy, having a principal place of business at 7351 Rosanna Street, Gilroy, California and CONSULTANT: TJKM Transportation Consultants, having a principal place of business at 4305 Hacienda Drive, Suite 550, Pleasanton, CA 94588. ARTICLE 1. TERM OF AGREEMENT This Agreement will become effective on 7/23/2018 and will continue in effect through 12/31/2019 unless terminated in accordance with the provisions of Article 7 of this Agreement. ARTICLE 2. INDEPENDENT CONTRACTOR STATUS It is the express intention of the parties that CONSULTANT is an independent contractor and not an employee, agent, joint venturer or partner of CITY. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between CITY and CONSULTANT or any employee or agent of CONSULTANT. Both parties acknowledge that CONSULTANT is not an employee for state or federal tax purposes. CONSULTANT shall not be entitled to any of the rights or benefits afforded to CITY'S employees, including, without limitation, disability or unemployment insurance, workers' compensation, medical insurance, sick leave, retirement benefits or any other employment benefits. CONSULTANT shall retain the right to perform services for others during the tern of this Agreement. ARTICLE 3. SERVICES TO BE PERFORMED BY CONSULTANT A. Specific Services CONSULTANT agrees to: perform the services as outlined in Exhibit "A" ( "Specific Provisions ") and Exhibit "B" ("'Scope of Services ") within the time periods described-in and Exhibit "C" ( "Milestone Schedule "). B. Method of Performing Services CONSULTANT shall determine the method; details and means of performing the above - described services. CITY shall have no right to, and shall not, control the manner or determine the method of accomplishing CONSULTANT'S services. 4845 -6718- 3385v1 LAM04706083 -1- C. Employment of Assistants CONSULTANT may, at the CONSULTANT'S own expense, employ such assistants as CONSULTANT deems necessary to perform the services required of CONSULTANT by this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 below. CITY may not control, direct, or supervise CONSULTANT'S assistants in the performance of those services. CONSULTANT assumes full and sole responsibility for the payment of all compensation and expenses of these assistants and for all state and federal income tax, unemployment insurance, Social Security, disability insurance and other applicable withholding. D. Place of Work CONSULTANT shall perform the services required by this Agreement at any place or location and at such times as CONSULTANT shall determine is necessary to properly and timely perform CONSULTANT'S services. ARTICLE 4. COMPENSATION A. Consideration In consideration for the services to be performed by CONSULTANT, CITY agrees to pay CONSULTANT the amounts set forth in Exhibit "D ". In no event however shall the total compensation paid to CONSULTANT exceed $38,810. B. Invoices CONSULTANT shall submit invoices for all services rendered. C. Payment Payment shall be due according to the payment schedule set forth in Exhibit "D ". No payment will be made unless CONSULTANT has first provided City with a written receipt of invoice describing the work performed and any approved direct expenses (as provided for in Exhibit "A ", Section IV) incurred during the preceding period. If CITY objects to all or any portion of any invoice, CITY shall notify CONSULTANT of the objection within thirty (30) days from receipt of the invoice, give reasons for the objection, and pay that portion of the invoice not in dispute. It shall not constitute a default or breach of this Agreement for CITY not to pay any invoiced amounts to which it has objected until the objection has been resolved by mutual agreement of the parties. D. Expenses CONSULTANT shall be responsible for all costs and expenses incident to the performance of services for CITY, including but not limited to, all costs of equipment used or provided by CONSULTANT, all fees, fines, licenses, bonds or taxes required of or imposed against CONSULTANT and all other of CONSULTANT'S costs of doing business. CITY shall not be 4845 - 6718- 3385v1 _2_ LAC104706083 responsible for any expenses incurred by CONSULTANT in performing services for CITY, except for those expenses constituting "direct expenses" referenced on Exhibit "A." ARTICLE 5. OBLIGATIONS OF CONSULTANT A. Tools and Instrumentalities CONSULTANT shall supply all tools and instrumentalities required to perform the services under this Agreement at its sole cost and expense. CONSULTANT is not required to purchase or rent any tools, equipment or services from CITY. B. Workers' Compensation CONSULTANT agrees to provide workers' compensation insurance for CONSULTANT'S employees and agents and agrees to hold harmless, defend with counsel acceptable to CITY and indemnify CITY, its officers, representatives, agents and employees from and against any and all claims, suits, damages, costs, fees, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys' fees, arising out of any injury, disability, or death of any of CONSULTANT'S employees. C. Indemnification of Liability, Duty to Defend 1. As to professional liability, to the fullest extent permitted by law, CONSULTANT shall defend, through counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys' fees, to the extent arising or resulting directly or indirectly from any willful or negligent acts, errors or omissions of CONSULTANT or CONSULTANT'S assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property. 2. As to other liability, to the fullest extent permitted by law, CONSULTANT shall defend, through counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys' fees, arising or resulting directly or indirectly from any act or omission of CONSULTANT or CONSULTANT'S assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property. D. Insurance In addition to any other obligations under this Agreement, CONSULTANT shall, at no cost to CITY, obtain and maintain throughout the term of this Agreement: (a) Commercial Liability Insurance on a per occurrence basis, including coverage for owned and non -owned automobiles, with a minimum combined single limit coverage of $1,000,000 per occurrence for all damages due to bodily injury, sickness or disease, or death to any person, and damage to property, including the loss of use thereof; and (b) Professional Liability Insurance (Errors & Omissions) 4845 - 6718- 3385v1 _3 _ LAC104706083 H. NO THIRD PARTY BENEFICIARY. This Agreement shall not be construed or deemed to be an agreement for the benefit of any third party or parties, and no third party or parties shall have any claim or right of action hereunder for any cause whatsoever. I. NOTICES. Notices are to be sent as follows: CITY: Nirorn Than, Engineer I City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 CONSULTANT: Chris Kinzel, Project Manager TJKM Transportation Consultants 4305 Hacienda Drive, Suite 550 Pleasanton, CA 94588 J. FEDERAL FUNDING REQUIREMENTS. ❑ If the box to the left of this sentence is checked, this Agreement involves federal funding and the requirements of this Section V.J. apply. ® If the box to the left of this sentence is checked, this Agreement does not involve federal funding and the requirements of this Section V.J. do not apply. 1. DBE Program CONSULTANT shall comply with the requirements of Title 49, Part 26, Code of Federal Regulations (49 CFR 26) and the City- adopted Disadvantaged Business Enterprise programs. 2. Cost Principles Federal Acquisition Regulations in Title 48, CFR 31, shall be used to determine the allowable cost for individual items. 3. 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 fide 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 Local Agency shall have the right to annul this Agreement without liability or, at its discretion, to deduct from the agreement price or 4845 - 6718- 3385v1 _4_ LAC104706083 ARTICLE 6. OBLIGATIONS OF CITY A. Cooperation of City CITY agrees to respond to all reasonable requests of CONSULTANT and provide access, at reasonable times following receipt by CITY of reasonable notice, to all documents reasonably necessary to the performance of CONSULTANT'S duties under this Agreement. B. Assignment CITY may assign this Agreement or any duties or obligations thereunder to a successor governmental entity without the consent of CONSULTANT. Such assignment shall not release CONSULTANT from any of CONSULTANT'S duties or obligations under this Agreement. ARTICLE 7. TERD'IINATION OF AGREEMENT A. Sale of Consultant's Business/ Death of Consultant. CONSULTANT shall notify CITY of the proposed sale of CONSULTANT's business no later than thirty (30) days prior to any such sale. CITY shall have the option of terminating this Agreement within thirty (30) days after receiving such notice of sale. Any such CITY termination pursuant to this Article 7.A shall be in writing and sent to the address for notices to CONSULTANT set forth in Exhibit A, Subsection V.I., no later than thirty (30) days after CITY' receipt of such notice of sale. If CONSULTANT is an individual, this Agreement shall be deemed automatically terminated upon death of CONSULTANT. B. Termination by City for Default of Consultant Should CONSULTANT default in the performance of this Agreement or materially breach any of its provisions, CITY, at CITY'S option, may terminate this Agreement by giving written notification to CONSULTANT. For the purposes of this section, material breach of this Agreement shall include, but not be limited to the following: 1. CONSULTANT'S failure to professionally and/or timely perform any of the services contemplated by this Agreement. 2. CONSULTANT'S breach of any of its representations, warranties or covenants contained in this Agreement. CONSULTANT shall be entitled to payment only for work satisfactorily completed through the date of the termination notice, as reasonably determined by CITY, provided that such payment shall not exceed the amounts set forth in this Agreement for the tasks described on Exhibit C" which have been fully, competently and timely rendered by CONSULTANT. Notwithstanding the foregoing, if CITY terminates this Agreement due to CONSULTANT'S default in the performance of this Agreement or material breach by CONSULTANT of any of its provisions, then in addition to any other rights and remedies CITY may have, CONSULTANT shall 4845 - 6718- 3385v1 _5_ LAC104706083 reimburse CITY, within ten (10) days after demand, for any and all costs and expenses incurred by CITY in order to complete the tasks constituting the scope of work as described in this Agreement, to the extent such costs and expenses exceed the amounts CITY would have been obligated to pay CONSULTANT for the performance of that task pursuant to this Agreement. C. Termination for Failure to Make Agreed -Upon Payments Should CITY fail to pay CONSULTANT all or any part of the compensation set forth in Article 4 of this Agreement on the date due, then if and only if such nonpayment constitutes a default under this Agreement, CONSULTANT, at the CONSULTANT'S option, may terminate this Agreement if such default is not remedied by CITY within thirty (30) days after demand for such payment is given by CONSULTANT to CITY. D. Transition after Termination Upon termination, CONSULTANT shall immediately stop work, unless cessation could potentially cause any damage or harm to person or property, in which case CONSULTANT shall cease such work as soon as it is safe to do so. CONSULTANT shall incur no further expenses in connection with this Agreement. CONSULTANT shall promptly deliver to CITY all work done toward completion of the services required hereunder, and shall act in such a manner as to facilitate any the assumption of CONSULTANT's duties by any new consultant hired by the CITY to complete such services. ARTICLE 8. GENERAL PROVISIONS A. Amendment & Modification No amendments, modifications, alterations or changes to the terms of this Agreement shall be effective unless and until made in a writing signed by both parties hereto. B. Americans with Disabilities Act of 1990 Throughout the term of this Agreement, the CONSULTANT shall use due professional care to comply fully with all applicable provisions of the Americans with Disabilities Act of 1990 ( "the Act ") in its current form and as it may be amended from time to time. CONSULTANT shall also require such compliance of all subcontractors performing work under this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 above. The CONSULTANT shall defend with counsel acceptable to CITY, indemnify and hold harmless the CITY OF GILROY, its officers, employees, agents and representatives from and against all suits, claims, demands, damages, costs, causes of action, losses, liabilities, expenses and fees, including without limitation attorneys' fees, that may arise out of any violations of the Act by the CONSULTANT, its subcontractors, or the officers, employees, agents or representatives of either. C. Attorneys' Fees If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable 4845 - 6718- 3385v1 _6_ LAC104706083 attorneys' fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled. D. Captions The captions and headings of the various sections, paragraphs and subparagraphs of the Agreement are for convenience only and shall not be considered nor referred to for resolving questions of interpretation. E. Compliance with Laws The CONSULTANT shall keep itself informed of all State and National laws and all municipal ordinances and regulations of the CITY which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Without limiting the foregoing, CONSULTANT agrees to observe the provisions of the Municipal Code of the CITY OF GILROY, obligating every contractor or subcontractor under a contract or subcontract to the CITY OF GILROY for public works or for goods or services to refrain from discriminatory employment or subcontracting practices on the basis of the race, color, sex, religious creed, national origin, ancestry of any employee, applicant for employment, or any potential subcontractor. F. Conflict of Interest CONSULTANT certifies that to the best of its knowledge, no CITY employee or office of any public agency interested in this Agreement has any pecuniary interest in the business of CONSULTANT and that no person associated with CONSULTANT has any interest that would constitute a conflict of interest in any manner or degree as to the execution or performance of this Agreement. G. Entire Agreement This Agreement supersedes any and all prior agreements, whether oral or written, between the parties hereto with respect to the rendering of services by CONSULTANT for CITY and contains all the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any parry, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding. No other agreements or conversation with any officer, agent or employee of CITY prior to execution of this Agreement shall affect or modify any of the terms or obligations contained in any documents comprising this Agreement. Such other agreements or conversations shall be considered as unofficial information and in no way binding upon CITY. 4845 - 6718- 3385v1 _7_ LAC104706083 H. Governing Law and Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to the conflict of laws provisions of any jurisdiction. The exclusive jurisdiction and venue with respect to any and all disputes arising hereunder shall be in state and federal courts located in Santa Clara County, California. I. Notices Any notice to be given hereunder by either party to the other may be effected either by personal delivery in writing or by mail, registered or certified, postage prepaid with return receipt requested. Mailed notices shall be addressed to the parties at the addresses appearing in Exhibit "A ", Section V.I. but each party may change the address by written notice in accordance with this paragraph. Notices delivered personally will be deemed delivered as of actual receipt; mailed notices will be deemed delivered as of three (3) days after mailing. J. Partial Invalidity If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. K. Time of the Essence All dates and times referred to in this Agreement are of the essence. L. Waiver CONSULTANT agrees that waiver by CITY of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of perfonnance under this Agreement. Executed at Gilroy, California, on the date and year first above written. CONSULTANT: TJKM Transportation Consultants By: 4440- P- /�g Name: Chris Kinzel Title: Project Manager Social Security or Taxpayer Identification Number qZl-- 22,3g51✓ 4845 - 6718- 3385v1 _g_ LAM04706083 CITY: CITY OF GILROY By: 2��) F N - Girum Awoke Title: Public Works Director Approved as to Form City Attorney 4845 - 6718- 3385v1 _9_ LAM04706083 A DES City Clerk EXHIBIT "A" SPECIFIC PROVISIONS I. PROJECT MANAGER CONSULTANT shall provide the services indicated on the attached Exhibit "B ", Scope of Services ( "Services "). (All exhibits referenced are incorporated herein by reference.) To accomplish that end, CONSULTANT agrees to assign Chris Kinzel, who will act in the capacity of Project Manager, and who will personally direct such Services. Except as may be specified elsewhere in this Agreement, CONSULTANT shall furnish all technical and professional services including labor, material, equipment, transportation, supervision and expertise to perform all operations necessary and required to satisfactorily complete the Services required herein. II. NOTICE TO PROCEED /COMPLETION OF SERVICE A. NOTICE TO PROCEED CONSULTANT shall commence the Services upon delivery to CONSULTANT of a written "Notice to Proceed ", which Notice to Proceed shall be in the form of a written communication from designated City contact person(s). Notice to Proceed may be in the form of e -mail, fax or letter authorizing commencement of the Services. For purposes of this Agreement, Nirorn Than shall be the designated City contact person(s). Notice to Proceed shall be deemed to have been delivered upon actual receipt by CONSULTANT or if otherwise delivered as provided in the Section V.I. ( "Notices ") of this Exhibit "A ". B. COMPLETION OF SERVICES When CITY determines that CONSULTANT has satisfactorily completed all of the Services, CITY shall give CONSULTANT written Notice of Final Acceptance, and CONSULTANT shall not incur any further costs hereunder. CONSULTANT may request this determination of completion when, in its opinion, it has satisfactorily completed all of the Services and, if so requested, CITY shall make this determination within two (2) weeks of such request, or if CITY determines that CONSULTANT has not satisfactorily completed all of such Services, CITY shall so inform CONSULTANT within this two (2) week period. III. PROGRESS SCHEDULE The schedule for performance and completion of the Services will be as set forth in the attached Exhibit "C ". IV. PAYMENT OF FEES AND DIRECT EXPENSES Payments shall be made to CONSULTANT as provided for in Article 4 of this Agreement. 4845 - 6718- 3385v1 LAM04706083 Direct expenses are charges and fees not included in Exhibit "B ". CITY shall be obligated to pay only for those direct expenses which have been previously approved in writing by CITY. CONSULTANT shall obtain written approval from CITY prior to incurring or billing of direct expenses. Copies of pertinent financial records, including invoices, will be included with the submission of billing(s) for all direct expenses. V. OTHER PROVISIONS A. CONSULTANT'S SERVICES TO BE APPROVED BY A REGISTERED PROFESSIONAL ENGINEER All civil (including structural and geotechnical) engineering plans, calculations, specifications and reports shall be prepared by, or under the responsible charge of, a licensed civil engineer and shall include his or her name and license number. Interim documents shall include a notation as to the intended purpose of the document, such as "preliminary" or "for review only." All civil engineering plans and specifications that are permitted or that are to be released for construction shall bear the signature and seal of the licensee and the date of signing and sealing or stamping. All final civil engineering calculations and reports shall bear the signature and seal or stamp of the licensee, and the date of signing and sealing or stamping. a B. STANDARD OF WORKMANSHIP CONSULTANT represents and warrants that it has the qualifications, skills and licenses necessary to perform the Services, and its duties and obligations, expressed and implied, contained herein, and CITY expressly relies upon CONSULTANT'S representations and warranties regarding its skills, qualifications and licenses. CONSULTANT shall perform such Services and duties in conformance to and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Any plans, designs, specifications, estimates, calculations, reports and other documents furnished under this Agreement shall be of a quality acceptable to CITY. The minimum criteria for acceptance shall be a product of neat appearance, well- organized, technically and grammatically correct, checked and having the maker and checker identified. The minimum standard of appearance, organization and content of the drawings shall be that used by CITY for similar purposes. C. RESPONSIBILITY OF CONSULTANT CONSULTANT shall be responsible for the professional quality, technical accuracy, and the coordination of the Services furnished by it under this Agreement. The CITY'S review, acceptance or payment for any of the Services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement, and CONSULTANT shall be and remain liable to CITY in accordance with 4845 - 6718- 3385v1 _2_ LAC104706083 applicable law for all damages to CITY caused by CONSULTANT'S negligent performance of any of the services furnished under this Agreement. D. RIGHT OF CITY TO INSPECT RECORDS OF CONSULTANT CITY, through its authorized employees, representatives or agents, shall have the right, at any and all reasonable times, to audit the books and records (including, but not limited to, invoices, vouchers, canceled checks, time cards, etc.) of CONSULTANT for the purpose of verifying any and all charges made by CONSULTANT in connection with this Agreement. CONSULTANT shall maintain for a minimum period of three (3) years (from the date of final payment to CONSULTANT), or for any longer period required by law, sufficient books and records in accordance with standard California accounting practices to establish the correctness of all charges submitted to CITY by CONSULTANT, all of which shall be made available to CITY at the CITY's offices within five (5) business days after CITY's request. E. CONFIDENTIALITY OF MATERIAL All ideas, memoranda, specifications, plans, manufacturing procedures, data (including, but not limited to, computer data and source code), drawings, descriptions, documents, discussions or other information developed or received by or for CONSULTANT and all other written and oral information developed or received by or for CONSULTANT and all other written and oral information submitted to CONSULTANT in connection with the performance of this Agreement shall be held confidential by CONSULTANT and shall not, without the prior written consent of CITY, be used for any purposes other than the performance of the Services, nor be disclosed to an entity not connected with the performance of the such Services. Nothing furnished to CONSULTANT which is otherwise known to CONSULTANT or is or becomes generally known to the related industry (other than that which becomes generally known as the result of CONSULTANT'S disclosure thereof) shall be deemed confidential. CONSULTANT shall not use CITY'S name or insignia, or distribute publicity pertaining to the services rendered under this Agreement in any magazine, trade paper, newspaper or other medium without the express written consent of CITY. F. NO PLEDGING OF CITY'S CREDIT. Under no circumstances shall CONSULTANT have the authority or power to pledge the credit of CITY or incur any obligation in the name of CITY. G. OWNERSHIP OF MATERIAL. All material including, but not limited to, computer information, data and source code, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports and other material developed, collected, prepared (or caused to be prepared) under this Agreement shall be the property of CITY, but CONSULTANT may retain and use copies thereof subject to Section V.E of this Exhibit "A ". CITY shall not be limited in any way in its use of said material at any time for any work, whether or not associated with the City project for which the Services are performed. 4845 -6718- 3385v1 _3 _ LAM04706083 H. NO THIRD PARTY BENEFICIARY. This Agreement shall not be construed or deemed to be an agreement for the benefit of any third parry or parties, and no third party or parties shall have any claim or right of action hereunder for any cause whatsoever. I. NOTICES. Notices are to be sent as follows: CITY: Nirorn Than, Engineer I City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 CONSULTANT: Nayan Amin, Principal -In- Charge TJKM Transportation Consultants 4305 Hacienda Drive, Suite 550 Pleasanton, CA 94588 FEDERAL FUNDING REQUIREMENTS. ❑ If the box to the left of this sentence is checked, this Agreement involves federal funding and the requirements of this Section V.J. apply. ® If the box to the left of this sentence is checked, this Agreement does not involve federal funding and the requirements of this Section V.J. do not apply. DBE Program CONSULTANT shall comply with the requirements of Title 49, Part 26, Code of Federal Regulations (49 CFR 26) and the City- adopted Disadvantaged Business Enterprise programs. 2. Cost Principles Federal Acquisition Regulations in Title 48, CFR 31, shall be used to determine the allowable cost for individual items. 3. 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 fide 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 Local Agency shall have the right to annul this Agreement without liability or, at its discretion, to deduct from the agreement price or 4845 - 6718- 3385v1 _4_ LAM04706083 consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 4845- 6718- 3385v1 _5 _ LAM04706083 I W14 26 I: C SCOPE OF SERVICES The Consultant shall provide citywide speed survey services to collect traffic data and update the 2012 Citywide Speed Survey. The Survey shall represent all Collector and Arterial Streets in the City and any streets with a posted speed limit greater than 25 miles per hour. The total segments studied in the 2012 speed survey were 117; however, these numbers may have been changed since the speed survey was adopted. The 2012 Speed Survey can be found at the following link: https:// www. cityofgilroy.org /DocumentCenter /View /1107 /2013 - Speed - Survey- PDF All work shall be in accordance with the most recent edition of the California Manual on Traffic Control Devices (CA MUTCD) and California Vehicle Code (CVC). As part of this project, the consultant shall verify, update, and provide a colored map representation of the current posted speed limit as seen in the 2012 Speed Survey. The consultant shall cross -check recommended speed limits within the 2012 speed survey against the City ordinances and the existing speed limits in the field. Any discrepancies between the two shall be identified. The Consultant shall identify any changes in the law since 2012 regarding the setting of speed limits when the attached document was prepared. Additionally, the consultant shall submit the proposed speed limit changes, if any, as a result of the collected data which comply with the CVC and the most current state standard for setting speed limits. The consultant shall conduct the Engineering and Traffic Survey (ETS) as defined in the CVC to document and justify reasons for any speed changes including, but are not limited to, local land -use information, road geometric conditions, driveways, schools, bicycle and pedestrian safety, and etc. The consultant shall provide a colored map for the recommended speed limits similar to Exhibit 4 in the 2012 Citywide Speed Survey. The traffic collision data will be provided by the Gilroy Police Department for a 5 -years period prior. This information shall be available to the consultant no later than August, 2018. Collision data shall be analyzed to determine the number of mid -block and intersection collisions attributed to each street segment surveyed. These numbers shall be compared to the average collision rate for similar streets within the city and the collision rates for similar streets as summarized in the California Department of Transportation Accident Data on California State Highways. The City will conduct 72 -Hours Volume Counts for the 117 segments listed in the 2012 speed survey. The Consultant is responsible for providing a list of additional locations where volume data is required to calculate the collision rates for those locations. The city's on -call traffic data collection consultant, IDAX, will provide a propose locations for all the volume counts. the Consultant shall review and verify these proposed locations and provide feedback prior to data collection. The consultant shall then compile all data including, speed and volume 4845 - 6718- 3385v1 LAM04706083 information, collision information, and the results of the field observations and submit them to the City staff. A written report summarizing the results and recommendations from the above scope is required. The consultant shall factor in a minimum of 2 rounds of revisions for the draft report. These revisions may be structural, text edit, or graphic in nature. Any additional round of revisions shall be considered as extra -work and shall be billed per Section III Additional Services of this RFP. The consultant shall attend up to three meetings associated with this project. These can be meetings with City Staff and /or City Council hearings. Additional meeting can be attended upon the City's request and shall be billed per Section III Additional Services of this RFP. Deliverables associated with each of the project milestones shall be submitted to the City electronically (Excel and PDF format) within five (5) business days of the completion of that milestone. Raw Data shall also be submitted electronically in Excel format. See Exhibit E for detailed Work Plan. The need for additional types of traffic data collection services may be required during the term of the contract. The Consultant shall submit a fee schedule for key staff and equipment which may be directly involved in the works outside of the scope of services above. This fee schedule shall be on an hourly basis. Consultant shall not be entitled to compensation for any Extra Work unless the City authorizes, in writing, the performance of such Extra Work prior to the performance of the work. The City shall not authorize payment for work completed until all field equipment has been removed and the deliverable has been submitted. See Exhibit F for project key staff. Please note that because proposal was evaluated, in part, on the basis of the key staff as submitted, any substitution of key staff will be subject to approval in writing by the city. 4845 - 6718- 3385v1 _2_ LAC104706083 EXHIBIT "C" MILESTONE SCHEDULE Project Kick -off Meeting and Schedule Discussion Existing Speed Limit Verification and Segment Counts Speed Survey Data Collection 72 -Hours Volume Count provided by the City Collision count provided by the City Data Analysis (volume, speed, and collision) Preliminary Finding Memorandum Final Findings Report and Transmittal City Staff Review of Final Report and Comments Council Presentation Note: Consultant shall submit a project schedule for approval prior to the start of work 4845 - 6718- 3385v1 _ 1 LAC104706083 PAYMENT SCHEDULE ITEM NT O_ DESCRIPTION OF NVORIK QTY_ UNIT UNIT PRICE EXT. PRICE 1. Speed Survey Data 117 Each S 105 S12.300 ?_ Collision D,ataAnalvsis 117 Each S30 $3.510 3_ 2019 Cityv ide Speed Survey Report 1 LS S23-000 523,000 Total S38.810 Progress payment requests shall be submitted to the City for review and approval within 10 business days of deliverable submittal or completion of the project milestone. Payments from the City shall be made in 30 days following receipt of progress payment requests. The City shall reserve the right to a withheld 10% retention of the total contract price until the Speed Survey Report is accepted by the City Council. 4845 - 6718- 3385v1 LAM04706083 EXHIBIT "E" Detailed Work Plan TASK 1: PROJECT MANAGEMENT & QA /QC TJKM will schedule and attend a kick -off meeting with City staff to allow for a complete understanding of the project goals and the City's expectations. See task 2 for details. Coordination & Communication: Frequent and effective communication between the City, and the TJKM Team is needed to maintain the project schedule and ensure a quality product. The key to our success is an integrated team approach. Our goal is "no surprises" and a partnership that has common understanding and expectations every step of the way. Our proposed Project Manager, Mr. Chris Kinzel, will maintain close communication with the City's Project Manager by personal contact, telephone, written communications, and meetings. Our project manager strongly believes in the necessity and benefit of scheduled monthly progress meetings. This will ensure that our "no surprises" goal is maintained and the City is thoroughly aware of all aspects of the project. Cost Control: Control of project costs will be accomplished by monitoring on a task level basis, This detailed task level will roll up into milestone summaries and a project summary, Our cost accounting system is a "live" database that the project manager can access to determine the financial status of the project at any time. Cost control reporting to TJKM's Project Manager will be implemented through the invoicing process. Progress reports will also be included to relay information on project progress and critical issues. Schedule Control: Establishing a schedule that meets the project objectives is relatively easy. Maintaining this schedule during changing project priorities, unforeseen conditions, and public consensus building, is the true challenge. The project work scope will be broken down by function and separated into defined tasks. Tasks will be linked logically and will be sufficiently detailed to allow for realistic representation of the project. Project progress will also be monitored by percent complete for each task. Task 1 Deliverables ✓ Kick -off meeting described below. ✓ Monthly progress reports on schedule and status. ✓ A list of data needed from the City, provided at the kick -off meefing TASK 2: MEETINGS TJKM will schedule and attend a kick -off meeting with City staff to allow for a complete understanding of the project goals and the City's expectations. TJKM will prepare and circulate an agenda in advance of the meeting. We will also prepare a list of data needs to be discussed at the meeting. At the meeting, we will discuss contact arrangements, scheduling details, along with communicating and invoicing protocols. TJKM will promptly prepare and circulate the minutes of the meeting. TJKM Team will also meet with the City staff to conduct field survey along the study segments. In addition to the kick -off and field survey meeting TJKM Team will meet /attend following meetings: • Meet with City staff to present and discuss the results of the study, findings and recommendations. • TJKM Team will attend the City Council meeting to present the City Ordinance for Speed limits, TJKM Team will present to the City Council the findings, justifications, and recommendations presented in the ordinance, Task 2 Dellvera 07 ` _ .... ✓ Attendance at meeting with staff to review draft report ✓ Presentation for City Council Meeting ✓ Meeting materials for City staff Proposal for 2019 Citywide Speed Survey I RFP No. 18- RFP -PW -413 TJKM Appendix A -1 0 TASK 3: DATA COLLECTION The most crucial component of a speed zone survey is the selection of locations for data collection. The prevailing speed at the data collection point should be representative of the entire speed zone segment and not too close to any traffic control device. Our experience in other jurisdictions suggests the following: • Locations should be situated beyond the influence of stops, dips, curves, parked vehicles, and any other condition that may affect the normal rate of travel. • The site should allow for the collection of data to occur without drawing the attention of drivers. • Short speed zone sections and locations near curves should be avoided. Speed surveys will be performed with a calibrated hand —held radar gun. Data will be collected from an unmarked vehicle parked in an inconspicuous location on the roadside. The calibrated radar gun will be checked periodically with a tuning fork. Only free - flowing vehicles in the traffic stream will be included in the survey to establish normal speed conditions. Radar data collected in the field will be used to calculate the 50th and 85th percentile speeds, the 10 mph pace speed, the percent of vehicles observed within the 10 mph pace speed, the range of speeds observed and standard deviation. In addition, TJKM will collect new volumes counts in each survey segment for use in calculating collision rates and in evaluating recommended speed limits. As noted in the schedule, TJKM's experience shows that 72 hour counts are not needed for this project. In our several dozen previous citywide speed surveys, we have never conducted 72 hour counts. As such, we have included an option for 24 counts for the City's consideration. Speed Data Analysis TJKM Team proposes to use the following measures to collect reliable data: • A representative number of speeds will be obtained by radar and recorded at each location. Speed for a minimum of 100 vehicles per direction will be recorded in up to one hour during non -peak hours. In no case will the data samples be less than 50 vehicles per approach. The radar survey shall not be performed during peak hours of 7 to 9 a.m. and 4 to 6 p.m. • Free - flowing vehicle speeds will be recorded. If several vehicles are in a platoon, only the speed of the first vehicle will be recorded. • TJKM will coordinate with City staff regarding location and prevailing conditions prior to beginning of the data collection activities. • Other field data will include reference of cross streets, weather conditions, survey time periods, etc. Special events, or conditions that could influence speeds, will be noted. A field check will involve a professional traffic engineer (California- registered Professional Civil Engineer) driving each street while "floating" with prevailing traffic to determine the speed of traffic from the driver's viewpoint. The engineer will evaluate the appropriateness of the 85th percentile and will add the perspective of human judgment to set the appropriate speed limit. The final recommended limit will be determined by such factors as prevailing speeds and volumes; roadside development; the number and location of driveways; parked vehicles; emergency shoulder areas; schools and playgrounds; areas frequented by pedestrians; horizontal and vertical alignment of the roadway, superelevation, intersection spacing; visibility and control; landscaping; and collision history. Collision History Review & Accident Rate Calculations Collision history is very important in speed limit establishment, and it is vital to become fully aware of collision histories, problems, and distributions, The City will furnish TJKM traffic collision information for a five year period. Mid -block accident rates will be calculated based on the five -year mid -block collision experience and the average daily traffic volume for each segment. The calculated rates will be compared to average expected collision rates for Proposal for 2019 Citywide Speed Survey I RFP No. 18- RFP -PW -413 (TJKM AppendixA -2 similar streets within the City and for collision rates for similar roadway segments as summarized in the California Department of Transportation Accident Data on California State Highways. The TJKM Team will compile all data including, speed and volume information, collision information, and the results of the field observations and submit them to City staff. Task 3De&- erables ✓ Datarcollection results for speeds and volumes, summary of collision data analysis results i TASK 4: PRELIMINARY FINDINGS MEMORANDUM TJKM will compile all data including, speed and volume information, collision information and the results of the field observations into a Draft Technical Memorandum and submit to City staff for review. The technical memorandum will include 85th percentile speeds, pace speed, mean speed, average daily traffic, speed related collisions, and non - apparent conditions, etc, and will also provide recommendations, justifications, regulations and requirements that will form the basis of the revised ordinance for speed limits within the City of Gilroy. Recommendation on posted speed limits for each roadway segments will be based on the statistical results of the speed surveys, accident analysis and the field review of roadside conditions and characteristics. Upon receipt of comments from City staff, a Final Technical Memorandum will be developed incorporating the comments received. The Final Technical Memorandum will be submitted to the City. Task 4Deliverables Technical Memorandum (Draft and Finag TASK 5: FINAL FINDINGS REPORT & TRANSMITTAL The TJKM Team will create a report presenting the complete results of the speed zone survey, including: • A description of current law as it relates to speed zone establishment and enforcement. • A discussion of the procedures used in the study, including data collection methodology, definitions of key terminology, and general philosophy in establishing speed limit recommendations. • A written statement for each roadway segment explaining the reasons to establish a speed limit. • Speed data and subsequent analysis of the 85th percentile speeds will be included in a report appendix. TJKM will submit a Draft Report to the City, including all of our findings and recommendations. We will obtain comments from the City (minimum two revisions) and will incorporate them into our final document, The Final Report will be developed after the City Council meeting to incorporate the input received from the City Council. The TJKM Team will prepare all presentation documents such as but not limited to spreadsheets, maps, and slides necessary for the presentation to the City Council and as requested by the City Project Manager. The TJKM Team will also prepare a colored map showing the updated Speed Zones, existing and proposed speed limits. The Speed Limit Map and data will be provided to the City in City of Gilroy's GIS format formatted to print in letter, 11" x 17" and 24" x 36 ". Based on our experience working on similar projects, we have found that this is an important deliverable for the City staff to have for easy reference. See our attached sample report showing all material. The Final Study Report will be provided in binder format and be suitable for filing with the court system. TJKM will provide the City with bound hard copies and an electronic copy of the completed study report. The TJKM Team will also prepare transmittal to the Santa Clara County Courts with copies of all City Ordinances and backup information including the raw data, Task 5DeKv -mbles - - ✓ Engineering and Speed Study Report (Draft and Final) ✓ Presentation documents for the presentation to the City Council and as requested by the City Proposal for 2019 Citywide Speed Survey I RFP No. 18- RFP -PW -413 <` (TJKM Appendix A -3 EXHIBIT "F" KEY STAFF • City of Gilroy Project Manager Principal -In- Charge i QA /QC -i — TJ KM Project Manager Chris Kinzel, PE, TE I I------ - - - - -I ----------- Data Data .. Prashanth Dullu* Prashanth DOW Chris Kinzel, PE, TE* National Data & Ian Lin, PTP Prashanth Dullu Surveying Services {V} Renee Powell, EIT Renee Powell, EIT = Task Lcads V = Verdar