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Home My WebLink AboutAgreement - TJKM Transporation Consultants - Signed: 2026-04-30City of Gilroy Agreement/Contract Tracking Today’s Date:April 30, 2026 Your Name:Susana Ramirez Contract Type: Services over $5k - Consultant Phone Number:408-846-0212 Contract Effective Date: (Date contract goes into effect) 5/19/2026 Contract Expiration Date:6/30/2027 Contractor / Consultant Name: (if an individual’s name, format as last name, first name) TJKM Transportation Consultants 4305 Hacienda Drive, Suite 550, Pleasanton, CA 94588 Taxpayer ID: 94-2239515 Signers Name/Title: Nayan Amin, TE President Contract Subject: (no more than 100 characters) 2026 Citywide Speed Survey Contract Amount: (Total Amount of contract. If no amount, leave blank) $89,000.00 By submitting this form, I confirm this information is complete: Date of Contract Contractor/Consultant name and complete address Terms of the agreement (start date, completion date or “until project completion”, cap of compensation to be paid) Scope of Services, Terms of Payment, Milestone Schedule and exhibit(s) attached Taxpayer ID or Social Security # and Contractors License # if applicable Contractor/Consultant signer’s name and title City Administrator or Department Head Name, City Clerk (Attest), City Attorney (Approved as to Form) Routing Steps for Electronic Signature Department Head Risk Manager City Attorney Approval As to Form City Administrator (if needed) City Clerk Attestation TYPE OF PROCURMENT DOLLAR THRESHOLD / SIGNING AUTHORITY STAFF LEVEL DEPARTMENT HEAD CITY ADMINISTRATOR COUNCIL APPROVAL $0-$999.99 $1,000-$49,999.99 $50,000-$99,999.99 $100,000-Above EQUIPMENT /SUPPLIES/ MATERIALS Furniture, hoses, parts, pipe manholes, office supplies, fuel, tools, PPE items, etc… Vendor selection at discretion of staff Payment Method Purchase Card or Payment Request (if vendor does not accept credit cards) Informal bid/quotation – 3 quotes (verbal or written) Purchasing Summary form w/ Purchasing Approval Purchase Requisition Payment Method Purchase Order* Informal bid/quotation – 3 written quotes Purchasing Summary form w/ City Administrator Approval Purchase Requisition Payment Method Purchase Order Formal Bid Advertisement Council Approval Purchase Requisition signed by City Administrator Payment Method Purchase Order GENERAL SERVICES Janitorial, landscape maintenance, equipment repair, installation, graffiti abatement, service inspections, uniform cleaning, etc… Vendor selection at discretion of staff May require insurance documents depending on scope/ nature of work Payment Method Purchase Card (if incorporated) Signed Payment Request (if so proprietor or partner) Informal bid/quotation – 3 quotes (verbal or written) Purchasing Summary form w/ Department Head Approval Standard Agreement Purchase Requisition Payment Method Purchase Order* Informal Bid/RFP quotation – 3 written quotes Purchasing Summary form w/ City Administrator Approval Standard Agreement Purchase Requisition Payment Method Purchase Order Formal Bid/RFP/RFQ Advertisement Council Approval Standard Agreement Purchase Requisition Payment Method Purchase Order PROFESSIONAL SERVICES Consultants, architects, designers, auditors, etc... Vendor selection at the discretion of staff Purchase Summary Form w/ Purchasing Approval Standard Agreement signed by Department Head Purchase Requisition Payment Method Purchase Order RFP/RFQ to at least 3 consultants Purchase Summary Form w/ Department Head Approval Standard Agreement Purchase Requisition Payment Method Purchase Order RFP/RFQ to a list of consultants Evaluation Spreadsheet w/ City Administrator Approval Standard Agreement Purchase Requisition Payment Method Purchase Order Formal RFP/RFQ Advertisement Council Approval Standard Agreement signed by City Administrator Purchase Requisition Payment Method Purchase Order -1- 4835-2267-0361v1 LAC\04706083 AGREEMENT FOR SERVICES (For contracts over $5,000 - CONSULTANT) This AGREEMENT made this 19th day of May, 2026, 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 May 19, 2026 and will continue in effect through June 30, 2027 unless terminated in accordance with the provisions of Article 7 of this Agreement. Any lapse in insurance coverage as required by Article 5, Section D of this Agreement shall terminate this Agreement regardless of any other provision stated herein. ______ Initial 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 term 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 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. -2- 4835-2267-0361v1 LAC\04706083 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” (“Payment Schedule”). In no event however shall the total compensation paid to CONSULTANT exceed $89,000. 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 responsible for any expenses incurred by CONSULTANT in performing services for CITY, except for those expenses constituting “direct expenses” referenced on Exhibit “A.” -3- 4835-2267-0361v1 LAC\04706083 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 reasonable 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) with a minimum coverage of $1,000,000 per occurrence or claim, and $2,000,000 aggregate; provided however, Professional Liability Insurance written on a claims made basis must comply with the requirements -4- 4835-2267-0361v1 LAC\04706083 set forth below. Professional Liability Insurance written on a claims made basis (including without limitation the initial policy obtained and all subsequent policies purchased as renewals or replacements) must show the retroactive date, and the retroactive date must be before the earlier of the effective date of the contract or the beginning of the contract work. Claims made Professional Liability Insurance must be maintained, and written evidence of insurance must be provided, for at least five (5) years after the completion of the contract work. If claims made coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the earlier of the effective date of the contract or the beginning of the contract work, CONSULTANT must purchase so called “extended reporting” or “tail” coverage for a minimum of five (5) years after completion of work, which must also show a retroactive date that is before the earlier of the effective date of the contract or the beginning of the contract work. As a condition precedent to CITY’S obligations under this Agreement, CONSULTANT shall furnish written evidence of such coverage (naming CITY, its officers and employees as additional insureds on the Comprehensive Liability insurance policy referred to in (a) immediately above via a specific endorsement) and requiring thirty (30) days written notice of policy lapse or cancellation, or of a material change in policy terms. E. Assignment Notwithstanding any other provision of this Agreement, neither this Agreement nor any duties or obligations of CONSULTANT under this Agreement may be assigned or subcontracted by CONSULTANT without the prior written consent of CITY, which CITY may withhold in its sole and absolute discretion. F. State and Federal Taxes As CONSULTANT is not CITY’S employee, CONSULTANT shall be responsible for paying all required state and federal taxes. Without limiting the foregoing, CONSULTANT acknowledges and agrees that: CITY will not withhold FICA (Social Security) from CONSULTANT’S payments; CITY will not make state or federal unemployment insurance contributions on CONSULTANT’S behalf; CITY will not withhold state or federal income tax from payment to CONSULTANT; CITY will not make disability insurance contributions on behalf of CONSULTANT; CITY will not obtain workers’ compensation insurance on behalf of CONSULTANT. -5- 4835-2267-0361v1 LAC\04706083 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. TERMINATION 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.H., 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 completed in accordance with the terms of this Agreement 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 -6- 4835-2267-0361v1 LAC\04706083 may have, CONSULTANT shall 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 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 reasonable 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 -7- 4835-2267-0361v1 LAC\04706083 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 party, 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. -8- 4835-2267-0361v1 LAC\04706083 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.H. 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 performance under this Agreement. Executed at Gilroy, California, on the date and year first above written. CONSULTANT: CITY: TJKM Transportation Consultants CITY OF GILROY By: By: Name:Nayan Amin, TE Name:Matt Morley Title: President Title: City Administrator Social Security or Taxpayer Identification Number 94-2239515 -9- 4835-2267-0361v1 LAC\04706083 Approved as to Form ATTEST: City Attorney City Clerk -1- 4835-2267-0361v1 LAC\04706083 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 Sandeep Paparaju, TE, RSP, 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 complete the Services in accordance with the terms of this Agreement. 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, the City Engineer 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.H.(“Notices”) of this Exhibit “A”. B. COMPLETION OF SERVICES When CITY determines that CONSULTANT has completed all of the Services in accordance with the terms of this Agreement, 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 completed all of the Services as required by the terms of this Agreement and, if so requested, CITY shall make this determination within two (2) weeks of such request, or if CITY determines that CONSULTANT has not completed all of such Services as required by this Agreement, 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. -2- 4835-2267-0361v1 LAC\04706083 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. 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. B. 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. CONSULTANT shall not be responsible for the accuracy of any project or technical information provided by the CITY. 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 applicable law for all damages to CITY caused by CONSULTANT’S negligent performance of any of the services furnished under this Agreement. C. 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. -3- 4835-2267-0361v1 LAC\04706083 D. 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. E. 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. F. 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.D 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. However, CONSULTANT shall not be responsible for, and City shall indemnify CONSULTANT from, damages resulting from the use of said material for work other than PROJECT, including, but not limited to, the release of this material to third parties for work other than on PROJECT. G. 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. -4- 4835-2267-0361v1 LAC\04706083 H. NOTICES. Notices are to be sent as follows: CITY: City Engineer City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 CONSULTANT: Nayan Amin TJKM Transportation Consultants 4305 Hacienda Drive, Suite 550 Pleasanton, CA 94588 I. 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.I.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.I.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 consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. -1- 4835-2267-0361v1 LAC\04706083 EXHIBIT “B” SCOPE OF SERVICES Task 1 - Project Management and Coordination Deliverables: – Kick-Off meeting – Coordination of various tasks throughout the project – Monthly Progress Reports and invoices Task 2 - Data Acquisition and Site Analysis Deliverables: – Roadway Segment Analysis – Data Collection Results for Speeds and Volumes, Summary of Collision Data Analysis Results – Results of 24-hour volumes at all survey locations – Citywide 24-Hour Volume Summary Map – Map Showing All Locations of Radar Observations Task 3 - Develop Speed Limit Recommendation Deliverables: – Preliminary Report of Engineering and Speed Study, as noted in proposal Task 4 - Draft and Final Study Deliverables: – Illustrations of Traffic Volumes, Speed Survey Locations, and Final Recommended Speeds – A Draft and Final Report and all associated documents -1- 4835-2267-0361v1 LAC\04706083 EXHIBIT “C” MILESTONE SCHEDULE The Consultant will begin work immediately. The Consultant will manage the project so that the schedule established is maitained to the degree it is under their control. The tentative schedule for the scope of work is: - Data Acquisition and Site Analysis: June 5 - August 6 - Develop Speed Limit Recommendation: August 7 - September 4 - Draft and Final Study: September 7 - September 25 4835-2267-0361v1 LAC\04706083 EXHIBIT “D” PAYMENT SCHEDULE The cost for services rendered under this agreement will not exceed $89,000.00. Billing will be conducted monthly. The following are budgedted costs for each task as outlined in Exhibit "B" Scope of Services: Task 1 - Project Management and Coordination- $5,000.00 Task 2 - Data Acquisition and Site Analysis - $27,090.00 Task 3 - Develop Speed Limit Recommendation - $26,910.00 Task 4 - Draft and Final Study - $30,000.00 Total not to exceed: $89,000.00 2026 Citywide Speed Survey No. 26-RFP-PW-534 2026 Citywide Speed Survey No. 26-RFP-PW-534 | 3 Work Plan Below we have provided our understanding and approach for the Gilroy 2026 Speed Survey. We have provided a detailed scope of work as an attachment in the Appendix. PROJECT UNDERSTANDING The objective of this project is to evaluate approximately 120 roadway segments throughout the City of Gilroy and establish appropriate, legally defensible speed limits in accordance with the CVC and the CA MUTCD. Speed limits are typically established based on the 85th percentile speed, defined as the speed at or below which 85 percent of vehicles travel under free-flow conditions. This methodology reflects driver behavior and helps ensure that posted speed limits are reasonable, enforceable, and aligned with roadway conditions. In addition to speed data, roadway characteristics such as geometrics, roadside environment, access density, multimodal activity, and intersection control will be evaluated holistically to determine appropriate speed limits. A key component of this effort is compliance with AB 43, which introduced significant updates to speed zoning practices. The March 2025 Caltrans California Manual for Setting Speed Limits provides updated guidance, including greater flexibility to round or reduce speed limits based on safety considerations. TJKM will apply these updated methodologies to develop recommendations that enhance safety while maintaining legal defensibility. PROJECT APPROACH AND METHODOLOGY TJKM will conduct E&TS for each roadway segment consistent with CVC Section 627 and CA MUTCD Section 2B.13. Our approach includes the following key steps: 1.Data Collection and Review:Compile and review available data, including roadway characteristics and five years of collision data (2021–2025), with emphasis on speed-related patterns. 2.Field Investigations:Conduct field reviews for each segment, including “floating car” travel to assess prevailing speeds, driver behavior, and roadway context from the user perspective. 3.Speed Data Analysis:Analyze collected speed data to determine the 85th percentile speed and evaluate appropriate adjustments in accordance with AB 43 and current State guidance. 4.Engineering Evaluation:Assess roadway conditions, roadside environment, access density, multimodal activity, and safety considerations to support speed limit determinations. 5.Preliminary Recommendations – Develop draft speed limits for each segment and prepare a comprehensive speed survey map for City review. 6.Final E&TS Documentation:Prepare finalized, legally defensible E&TS reports that support enforcement and comply with State requirements. 7.Coordination and Adoption Support:Coordinate with City staff, including Police and legal representatives, and assist with presentations or materials needed for City Council adoption, as required. This approach ensures that the City of Gilroy receives accurate, consistent, and defensible speed limit recommendations that reflect current regulations, community context, and roadway safety needs. City of Gilroy Prepared by TJKM Transportation Consultants Nayan Amin Sandeep Paparaju Carlo Sendaydiego Aayush Kalantri Suprathika Ala PIC Project Manager Task Lead $240 $190 $190 $130 $120 1 5 10 10 25 5,000$ 5,000$ 2 1 5 5 10 10 31 4,640$ 22,450$ 27,090$ 3 5 30 25 62 60 182 26,910$ 26,910$ 4 15 30 40 50 55 190 30,000$ 30,000$ 26 75 80 122 125 428 66,550$ 22,450$ 89,000$ TOTALS TJKM Transportation Consultants Total Support Staff #Task Description Data Acquisition and Site Analysis Develop Speed Limit Recommendation Draft and Final Study 2026 Citywide Speed Survey No. 26-RFP-PW-534 TJKM Total Hours TJKM Total Labor Costs Other Direct Costs Project Management and Coordination 2026 Citywide Speed Survey No. 26-RFP-PW-534 2026 Citywide Speed Survey No. 26-RFP-PW-534 | 14 RATE SCHEDULE Below is TJKM’s rate schedule. Principal ............................................................................................................................... $265/hour Director ................................................................................................................................ 245/hour Senior Project Manager ....................................................................................................... 210/hour Project Manager ................................................................................................................... 200/hour Senior Transportation Engineer ........................................................................................... 185/hour Transportation Engineer ………………………………………………………………………….. 145/hour Assistant Transportation Engineer ....................................................................................... 135/hour Senior Transportation Planner ............................................................................................. 185/hour Transportation Planner ........................................................................................................ 145/hour Assistant Transportation Planner ……………………………………………………………….. 135/hour GIS Specialist ...................................................................................................................... 110/hour Graphics Designer ............................................................................................................... 110/hour Designer ............................................................................................................................... 105/hour Technical Staff II .................................................................................................................... 95/hour Administration Staff ............................................................................................................... 90/hour Production Staff ..................................................................................................................... 65/hour Reimbursable Expenses Plotting (per sheet) ................................................................................................................ $18.00 Travel Cost (per mile, subject to change; based on IRS standard mileage rates)…………… 0.725 All outside services are billed at cost plus a ten percent margin for handling. Expert Witness charges available upon request. Rates Effective January 1, 2026 Rates Subject to Change 2026 Citywide Speed Survey No. 26-RFP-PW-534 2026 Citywide Speed Survey No. 26-RFP-PW-534 | A-2 Utilizing our successful approach conducting similar E&TS for years, TJKM proposes the following scope of services on this project. TASK 1: PROJECT MANAGEMENT AND COORDINATION TJKM will work closely with the assigned City Project Manager, regularly discuss progress on key milestones, and submit monthly progress reports and invoices in a timely manner. We will also keep the Project Manager up-to-speed on overall schedule and budget and seek any feedback. Kick-Off Meeting TJKM will attend the Kick-Off Meeting with the City staff that will include representatives from the City Engineer’s Office, Police, and Planning, in addition to the Project Manager. Any other staff members will also be invited as directed by the Project Manager. We will prepare and circulate an agenda in advance of the meeting as well as prepare a list of data needs to be discussed at the meeting. At the meeting, we will discuss projects goals and intended outcomes, any prior reports and historical information relevant to the project and other information that could benefit the overall project outcomes. TJKM will promptly prepare and circulate the minutes of the meeting. Deliverables: Kick-Off meeting Coordination of various tasks throughout the project Monthly Progress Reports and invoices TASK 2: DATA ACQUISITION AND SITE ANALYSIS Roadway Segment Analysis Prior to collecting any data, TJKM will conduct a preliminary assessment of potential survey locations considering all pertinent information including roadway geometry, width, number of lanes, major land uses, driveway locations, traffic control devices, parking and other features that may impact the study. The potential locations and days of data collection will be submitted to City staff for approval. Since detailed field observationplays a major role in establishing recommended speed limit, it will be conducted as part of Task 4, which will include an engineer driving each street while "floating" with prevailing traffic to determine the speed of traffic from the driver's viewpoint. See Task 3 for more details. Average Daily Traffic Volumes The ADT will be collected for one day along all study locations. These will be used primarily to calculate collision rates. If the City requires an encroachment permit for the placement of traffic counts equipment, the City will issue a no-fee permit. Collected data will include vehicle volume, vehicle speed, vehicle classification data in each direction for each segment. Data shall include: Traffic count approach data aggregated to the 15-minute time intervals for the entire duration Traffic count totals for the total roadway segment The peak three-hours for each Morning, Midday, and Evening peak including the 12, 15-minute peak intervals Data collection shall be from midnight to midnight unless approved otherwise Selecting Locations A crucial component of a speed zone survey is the careful 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 2026 Citywide Speed Survey No. 26-RFP-PW-534 2026 Citywide Speed Survey No. 26-RFP-PW-534 | A-3 Speed surveys will be performed with a calibrated handheld 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. Equipment calibration certificates will be provided to the City of Gilroy representatives. 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 (the median speed) and 85th (Critical speed) percentile speeds, the 10-mph pace speed (10- mph increment range), the percent of vehicles observed within the 10-mph pace speed, and the range of speeds observed. The radar survey will not be performed during peak hours of 7:00 am to 10:00 am and 4:00 pm to 7:00 pm. Speed Data Analysis The 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 of the locations. Speed for a minimum of 100 vehicles per direction at each location, will be recorded in up to two hours during non-peak hours. In no case will the data samples be less than 50 vehicles per approach. 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. The speed survey will not be conducted in a construction area, with or without traffic control devices, or in an area with abnormal topography, visibility concerns, or hazards and inclement weather. 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. Collision History Review and Accident Rate Calculations Collision history is very important in speed limit establishment, and it is critical to fully evaluate collision details, and distributions. TJKM will review collision history for each roadway segment for the previous five years (2021 - 2025). The required collision information can be obtained from the collision logs of the California Statewide Integrated Traffic Records System (SWITRS), Transportation Injury Mapping System, TIMS or California Crash Reporting System (CCRS). TJKM has access to the SWITRS data for the past 10 years and will be able to use data for this study efficiently. This will ensure that the collision analysis is comprehensive, effective, and cost effective. This accident data will be used to prepare a collision rate per million vehicle miles travelled based on ADT. Mid-block accident rates will be calculated based on the five-year mid-block collision experience and the ADT volume for each segment. The calculated rates will be compared to average expected collision rates for similar roadway segments as summarized in the Caltrans Accident Data on California State Highways. TJKM will prepare comprehensive summaries of field data, speed surveys and crash analysis, and present to the City Staff for review and feedback. Their feedback will be incorporated into the Preliminary Report. Deliverables: Roadway Segment Analysis Data Collection Results for Speeds and Volumes, Summary of Collision Data Analysis Results Results of 24-hour volumes at all survey locations Citywide 24-Hour Volume Summary Map Map Showing All Locations of Radar Observations TASK 3: DEVELOP SPEED LIMIT RECOMMENDATION Preliminary Findings TJKM will develop preliminary report by compilingand analyzing all data,including speed and volume information, collision history, and field observations. The report will summarize 85th percentile speeds, pace speed, mean speed, ADT, speed- related collisions, and non-apparent conditions, and will provide recommendations, justifications, regulations, and requirements forming the basis of a revised speed limit ordinance for the City of Gilroy. The analysis will consider the impacts of AB 43, which introduced significant changes to the speed zoning process. 2026 Citywide Speed Survey No. 26-RFP-PW-534 2026 Citywide Speed Survey No. 26-RFP-PW-534 | A-4 Preliminary speed limit recommendations for each roadway segment will be based on speed survey data, collision analysis, and a field review of roadside conditions and characteristics. Cities can now consider: High concentrations of pedestrians and bicyclists Proximity to schools or senior facilities Documented crash history Roadway safety conditions not reflected in speed surveys This allows speed limits to better reflect actual safety risk, not just prevailing driver behavior. Detailed Field Audit A field review will be conducted by an engineer who will drive each study segment while “floating” with prevailing traffic to assess operating speeds from the driver’s perspective. This task will be performed after the 85th percentile speeds have been calculated. The engineer will evaluate the appropriateness of the 85th percentile speed and apply professional judgment to determine whether it reflects reasonable and safe operating conditions. A preliminary report will be submitted to the City for review and comment. The report will include recommended speed limits based on factors such as prevailing speeds and traffic volumes; roadside development; the number and location of driveways; presence of parked vehicles and emergency shoulders; proximity to schools and playgrounds; pedestrian activity; horizontal and vertical roadway alignment; superelevation; intersection spacing; visibility and traffic control features; landscaping; and collision history. Deliverables: Preliminary Report of Engineering and Speed Study, as noted above TASK 4: DRAFT AND FINAL STUDY Upon receipt of preliminary report comments from City staff, a Draft Final Report will be developed to incorporate the comments received. The Draft Final Report will be submitted to the City for review and approval. The Draft Final Report will present 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. All other material discussed in this proposal, including all requirements specified in the Request for Proposal. TJKM will submit a Draft Final Report to the City, including all our findings and recommendations clearly labeled “Preliminary Report”. We will obtain comments from the City and will incorporate them into our final document. After receiving and incorporating comments on the Draft Final Report from the City, TJKM will provide a Final Report ready for stamp and signature by the consultant and the City Engineer for final review and approval before being presented to the City Council for their consideration. After the City Engineer’s approval, TJKM will provide reproducible version of the final report, three bound copies, an editable Word version, as well as a .PDF copy. The reports will be signed and certified by the Project Manager Mr. Sandeep Paparaju, TE, RSP1. TJKM will present the final report and recommendations at a City Council meeting and respond to all questions and comments. Deliverables: Illustrations of Traffic Volumes, Speed Survey Locations, and Final Recommended Speeds A Draft and Final Report and all associated documents A-1 ATTACHMENT A CONTRACT REQUIREMENTS ACKNOWLEDGEMENT I, , declare as follows: That I am the of , the Consultant making the attached proposal; and that I have read the sample Agreement for Services (Attachment B), including the insurance & indemnification requirements contained therein, and hereby state that I understand and am willing to abide by, and can meet the requirements of the contract, including insurance and indemnification requirements, without modification thereto, should my firm be selected for a project or projects based on my qualifications and proposal, assuming a mutually agreeable scope, fee, and schedule can be established. Signed this day of , 2026 By Title: Nayan Amin President T J K M 10 April President