2010060707 - TJKM On-Call Traffic Consulting.~pW N pF
- MEETING .DATE: 06/07/10
~~' ""(`~~ ITEM NO:
S G p'C
COUNCIL AGENDA REPORT
.DATE: MAY 24, 2010
TO: MAYOR AND TOWN COUNCIL
FROM: GREG CARSON, TOWN MANAGER ~~
~~c~~
SUBJECT: PPW JOB NO. A10-001 -TRAFFIC ENGINEERING CONSULTANT
SERVICES
ADOPT RESOLUTION AUTHORIZING THE TOWN MANAGER TO
EXECUTE AN AMENDMENT TO THE AGREEMENT FOR TRAFFIC
ENGINEERING CONSULANT SERVICES WITH TJI~M TRANSPORTATION
CONSULTANTS FOR TWO .MORE YEARS TO PERFORM CONTINUED
TRAFFIC ENGINEERING CONSULTANT SERVICES IN THE TOWN OF
LOS GATOS ON AN ON-CALL BASIS FOR PRIVATE DEVELOPMENT
PROJECTS.
RECOMMENDATION:
Adopt resolution (Attachment 1) authorizing the Town Manager to execute an Amendment to the
.Agreement for Traffic Engineering Consultant Services (Attaclunent 2) with TJKM
Transportation Consultants for two more years to perform continued traffic engineering services
in the Town of Los Gatos on an on-call basis for private development projects.
BACKGROUND:
Professional consultants Have been utilized by the Town of Los Gatos to assist staff with the
review of envirolunental, architectural, geology, traffic, plan check, and arborist issues related to
private development projects. These consultant contracts are reviewed upon expiration by the
appropriate Town department and staff to ensure that staff is satisfied with the services provided
and that the Town receives quality service.
DISCUSSION:
Current Town policy requires that ongoing consultant contracts are evaluated every five years in
order to ensure the Town is receiving the best service from our contractors. In the spring of
2008, staff issued a Request for Proposals for Traffic Engineering services for' private
development projects.
"~~ ~ ~-
PREPARED BY: TODD CAPURSO
Director of Parlcs and Public Worlcs
Reviewed by:~Assistant Town Manager Town Attorney
Clerk Administrator Finance Community Development
N:\PPW\MANAGEMENT\COLTNCIL\COiINCIL REPORTS\2010 Reports\.1une 7\P.10.001.traffic.engr~consultant.tjkmrvagr.doc~•~~~~}G~~-F~~~a~~
PAGE 2
MAY 24, 2010
MAYOR AND TOWN COUNCIL
SUBJECT: PPW JOB NO. A10-001 -TRAFFIC ENGINEERING CONSULTANT
SERVICES
DISCUSSION (cont'd):
In response to this Request for Proposal, the Town received five proposals from consultants.
Town staff from the Parlcs and Public Worlcs Department and Community Development
Department reviewed the proposals and determined that TJKM Transportation Consultants are
the best qualified to provide this service to the Town.
TJKM Transportation Consultants has been working for the Town for several years on an on-call
services contract basis, primarily for private development project. While these services are
managed by staff, the services are funded by private development.
This firm is very Familiar with the Town and its traffic related issues, and staff is satisfied wit11
their service and response. It is important, that with a number of high profile private
development projects plamled in the coming months,. the Town's consultants are experienced and
familiar with the complex Town private development process, codes, and regulations in order to
provide professional service for the community.
CONCLUSION:
Staff recommends that. the Town Council adopt the attached Resolution (Attaclunent 1)
authorizing the Town Manager to execute an Amendment to the Agreement for Traffic
Engineering Consultant Services (Exhibit A) with TJKM Transportation Consultants for two
more years to perform continued traffic engineering services in the Town of Los Gatos on an on-
call basis for private development projects.
ENVIRONMENTAL ASSESSMENT:
The project is Categorically Exempt pursuant to Sections 15301 (c), 15303(e) and 15304(b) of
the State CEQA guidelines.
FISCAL IMPACT:
T11e work by TJKM Transportation Consultants will be for private development projects and will
be fully funded by private developers.
Attachments:
1. Resolution authorizing the Town Manager to execute an Amendment to Agreement for
Traffic Engineering Consultant. Services Agreement with TJKIvI Transportation Consultants
Exhibit A Amendment to the Agreement
Exhibit B Proposal dated March 29, 2010 including Scope of Work
and Rate Schedule
2. Original Professional Services Agreement with TJKM Transportation Consultants dated June
2008
Attaclunent 1
RESOLUTION
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AMENDMENT TO THE
AGREEMENT FOR TRAFFIC ENGINEERING CONSULANT SERVICES WITH
TJKM TRANSPORTATION CONSULTANTS FOR TWO MORE YEARS PERFORM
CONTINUED TRAFFIC ENGINEERING CONSULTANT SERVICES IN
THE TOWN OF LOS GATOS ON AN ON-CALL BASIS FOR
PRIVATE DEVELOPMENT PROJECTS.
WHEREAS, it is necessary for the Council to secure professional consultant
services to perform Traffic Engineering Consultant Services in the Town of Los Gatos on an on-
call basis for private development projects; and
WHEREAS, the Town Council has selected the fine of TJKM Transportation
Consultants to provide professional services in connection with Traffic Engineering Consultant
Services for private development projects and desires to extend the .professional services
agreement for two years.
NOW, THEREFORE, IT IS RESOLVED that the Town Council of the Town
of Los Gatos hereby approves an Amendment to the Professional Services Agreement attached
as (Exhibit A) with TJKM Transportation Consultants for two more years to provide traffic
engineering services in connection with private development projects.
BE IT FURTHER RESOLVED that the Town Manager is hereby authorized
and directed to execute said Amendment to the Agreement oil behalf of the Council.
PASSED AND ADOPTED at a regular meeting of the Town Council of the
Town of Los. Gatos held on the 7t'' day of June 2010, by t17e following vote:
COUNCIL MEMBERS:
AYES :
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
This Page Intentionally
' Left Blanlc
Exhibit A
AMENDMENT TO AGREEMENT
FOR TRAFFIC ENGINEERING CONSULTANT SERVICES
This AMENDMENT TO AGREEMENT is entered into this day of June, 2010, by
and between the Town of Los Gatos, herein called ["Town"], and TJKM Transportation
Consultants,llerein called ["Consultant].
RECITALS
A. On June 2, 2008, Town and Consultant .entered into an Agreement fog Traffic
Engineering Consultant Services ["Agreement"], a copy of which is attached hereto as
(Attaclunent 2) and incorporated herein by reference.
AMENDMENT
1. The Agreement is hereby amended to extend the Agreement for a period of two years
effective July 1, 2010 through June 30, 2012.
2. All other terms and conditions of the Agreement of June 2, 2008 remain in full force and
effect.
IN WITNESS WHEREOF, the Town and Consultant have executed this Amendment to
the Agreement for Traffic Engineering Consultant Services as of the date above.
Town of Los Gatos, by: TJKM Transportation Consultants, by:
Greg Larson, Town Manager
Town of Los Gatos
Recommended by:
Todd Capurso
Director of Parks and Public Worlcs
Approved as to Form:
Michael Martello, Interim Town Attorney
ATTEST:
Jackie Rose, Clerk Administrator
This Page Intentionally
Left Blai~lc
EXHIBIT B
Transportation
Consultants
Pleasanton
3875 Hopyard Road
Su(te 200
Pleasanton, CA
94588-8526
925.463.0611
925.463.3690 fax
Fresno .
516 W.Shaw Avenue
Suite 200
Fresno, CA
93704-2515
559.325.7530
559,221.4940 fax
Sacramento
980 Ninth Street
16~ Floor
Sacramento, CA
95814-2736
9 16.449.9095
Santa Rosa
1400 N. Dutton Avenue
Sulte 21
Santa Rosa, CA
95401-4643
707.575.5800
707.575:5886 fax
tjkm@tjkm.wm
www.tjkm,com
YizionThaC hl~v~sYesur ~ammunit~r
March 29, 20ID
Mr. Jessy Pu, Traffic Engineer
Town of Los Gatos
41 Miles Avenue
Los Gatos, CA 95030
Subject:. Two-year Extension (2010 - 201.2) o f On-call Traffic Engineering Services
Agreement (TJ-vvt Project Noy 021-093)
Dear Mr. Pu,
TJKM Transportation Consultants is pleased to have the opportunity to extend our current on-call
traffic engineering services agreement with the Town of Los Gatos.
Per your request, .please find enclosed TJKM's proposed scope of work and rate schedule for the
hew contract term (2010 - 2012). We propose to offer the same services with a modest increase
in our rate structure from the 2008 - 2010 agreement. Please note that the new rates will remain
effective throughout the term of this two-year contract extension.
Again, thank you for the opportunity to cohtinue our service to the Town of Los Gatos. We look
forward to working with you on future projects:
If you have any questions or concerns, or if you need additional documentation to process the
contract extension, please give me a call at (925) 463-061 I. You may also reach me via email at
ckinzel antjkm.com.
Regards.,
Chris D. Kinzel
President
cc: Rich Haygood -TJKM
Vishnu Gandluru -TJKM
Evi Pagh -TJKM
Enclosures
j:IjurisdictionWos gatos\021-093 on-call serviceslprojectrnanagement\contract renewal (2010-2012)V032910-pu.docx
TJKM I-- . _ - _ _ ---__ - - -- -__ -___ - _ ._
Transportation Vision That Moves Your Community
Consultants
TJ-avt Scope o f Work for Los Gatos On-Call Services, 2010 - 2012
The majority of tasks to be performed by the consultant will. be traffic impact studies for private
development. The consultant will follow traffic impact study guidelines and requirements in effect
in Los Gatos and in Santa Clara County. A scope of work will be negotiated to establish the
various analyses required and the extent of the study area, including study intersections, arterial
segments, and possibly freeway segments and interchanges, as appropriate.
The typical scope of work includes an introduction that establishes the basis and reason for the
traffic impact report. New traffic counts and other traffic data will be collected, as necessary, and
presented in text, tabular and. graphic format within an "Existing Conditions" chapter of the
report.. The "Existing Conditions" section will also include level of service calculations using
approved methods.. The consultant also ariticipates that nearby, but unoccupied, new development
projects will also impact the study intersections. The Town of Los. Gatos staff maintains a list of
the approved and pending projects, which will be incorporated into the Town's Traffix model.
The additional trips from these new developments will be added to the study intersections, and
arterial/freeway segments and interchanges, to assess levels of service with the additional trips.
The proposed project will be described, and an estimate of project trip generation will be made
for the additional peak hour and daily trips. These additional trips will be assigned. to the study
intersections, arterial and freeway segments and interchanges for an assessment of levels of service
with the project and the approved project trips. Where operations fall below acceptable levels of
service, the consultant will identify feasible mitigation measures to offset the significant impacts.
Also included will be an assessment of site access and circulation, and potential. safety impacts. All
appropriate travel modes, such as private automobile, trucks, pedestrian, bicycle, and public transit
will be included in the analysis. Impacts on public parking will also be identified.
The procedures, data, findings and conclusions will be summarized., and detailed calculations of
levels of service and other analysis details will be appended to the final draft report. Upon review
by the Town of Los Gatos, the consultant will prepare a final version of the traffic impact study for
inclusion with the application for development entitlements.
At the conclusion of each traffic study, TJKM will provide the Town staff with the updated Traffix
model that includes the proposed and other approved/pending projects. A similar process will
also be completed for public projects as appropriate and as negotiated in a scope of services with
the~Town of Los Gatos.
_--- --- ----TJ KM
Transportation
Consultants
Vision That Moves Your Community
The consultant will also provide additional professional traffic engineering and transportation
planning services including:
~ Traffic safety studies and improvements;
~ Trafficsignal design (new, or. modifications of existing signals);,
`~ Traffic signal timing;
~ Development of functional requirements for Advanced Traffic Management Systems, and
other related traffic control and Intelligent Transportation Systems tasks;
'~ Signing and striping design;
~ Traffic calming;
~ School access studies;
Analysis of service requests;
~ Parking needs studies and parking plans;
~ Traffic demand modeling and forecasting;
'~ Micro-simulation modeling of traffic operations using SimTraffic 7.0, AIMSUN NG or
VISSIM; and
~ Other traffic engineering and transportation planning services, as required.
Vision That Moves Your Community
Rate Schedule
Principal .......................................................................................... $ 200/hour
..................................................................... 190/hour
..
al Associate
Princi
....
.
p
Senior Associate .............................................. .......................:...........185/hour
Associate .......................................................... ................................... 150/hou r
Senior Engineer ............................................... ...................................130/hour
Engineer ....................................................:....... ................................... 120/hour
Contracts Director ........................................ ................................... 120/hour
Assistant Engineer .......................................... ................................... I I'0/hour
Assistant Planner ............................................ ......................................80/hour
Senior Designer .............................................. .....................:................95/hour
Graphics Designer ......................................... ......................................95/hour
Designer ........................................................... ............................... ...80/hour
ff
l St
i
T
h ........................75/hour
.................................................
a
n
ca
ec ..............
Technical Staff 11 .............................................. .........................:............30/hour
Administrative Staff ..............................................................................75/hour
Production Staff ..............:.....................................................................55/hour
Reimbursable Expenses
Plotting (per sheetl .............................................................................. $ 18.00
_ ..
Travel Cost (per mile) .......................................................................... 5
Each project may be subject to initial set up and coordination fees.
All outside services are billed at cost plus ten percent for handling.
Expert witness charges available upon request.
Invoices are due and payable within 30 days. Invoices paid after 30 days will be subject to
separate billings of one and one-half percent per month of unpaid balance. Late charges
are not included in any agreement for maximum charges.
Rates subject to change
O:1Rate Schedules\Rate Schedule 18m,doc
Attachment 2
_ __
CLERK DEPARTMENT
ACrR~ '~~
AGREEMENT FOR TRAFFIC ENGINEERING CONSULTreSE~V~ES:.
QRD
THIS AGREEMENT is entered into this day of PAC , 2008,` by
and between the To•vvn of Los Gatos, State of California, herein called tl~'~'~own", and TJI~
Transportation Consultants, engaged in providing Traffic Engineering Consul an~servz~ces
herein called the "Consultant". .
RECITALS
A. The Town is considering undertaking activities to provide traffic engineering consultant
services for the Town•af Los Gatos.
B. The Town desires to engage a Traffic Engineering consultant to provide consulting
services to review, analyze, and comment on traffic engineering projects and to prepare
traffic analyses and. reports because of the Consultant's experience and qualifications to
perform the desired work.
C. The Consultant represents and affirms that it is qualified and willing to perform the
desired work puxsuant to this Agreement.
AGREEIVIENTS
NOVJ, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
1. Scope of Services. The Consultant shall provide Traffic .Engineering consultant services
as requested by the Town outlined in (Exhibit A).
Time of Performance. The services of the Consultant are far a period of from July 1,
20.08 to June 30, 2010. Tlie Town will review the consultants performance at the end of
the contract period and will have the option of renewing the contract. Should t11e •Town
not review a contract, the award and authorization of the contract shall automatically
expire. Town shall give Consultant at least 1 S days notice prior to the cancellation or
expiration of the contract.
3. Compliance with Laws. The Consultant shall comply with all applicable laws, .codes,
ordinances, and regulations of governing federal, state .and local laws. Consultant
represents and warrants to Town that it has alI licenses, permits, qualifications and
approvals of whatsoever nature which are legally required for Consultant to practice its
profession. Consultant represents and warrants to Town that Consultant shall, at its sole
cost and expense, keep in effect or obtain .at all times during the term of this Agreement
any licenses, permits, and approvals which are legally required for Consultant to practice
its profession.- Consultant shall maintain a Tawn of Los Gatos business license pursuant
to~Chapter 14 of the Cade of the Tawn of Las Gatos.
Page 1
4. Sole Responsibility. Consultant shall be responsible for employing or engaging all
persons necessary to perform the services under this Agxeement.
S, riiformationlReport Handling. All documents furnished to Consultant by the Town and
all reports and supportive. data prepared by the Consultant under this. Agreement are the
Town's property and shall be delivered to the Town upon the completion of Consultant's
services or at the Town's written request. All reports, information, data, and exhibits
prepared or assembled by Consultant in connection with the performance of its services
pursuant. to this Agreement are confidential until released by the Town to the public, and
the Consultant shall not make any of the these documents or information available to any
individual or organization not employed by the Consultant or the Town without the
written consent of the Town before such release,
The Town acknowledges that the reports to be prepared by the Consultant pursuant to this
Agreement are for the puzpose of evaluating adefined- project, and Town's use of the
information contained in the reports prepared. by the Consultant in connection with other
projects shall be solely at Town's risk, unless Consultant expressly consents to such use
in writing. Town further agrees that it will not appropriate any methodology or technique
of Consultant which is and has been confirnled in writing by Consultant to be a trade
secret of Consultant.
Compensation. Compensation for Consultant's professional services shall be based on the
Consultants Schedule of Charges (attached hereto as Exhibit "B" and incorporated by
reference herein).
Billing shall be accompanied by a detailed explanation of the work performed by whom
at what rate and on what date, Billing invoices submitted for payment must be referenced
Town Purchase Order Number, and if applicable, the appropriate project address and
Town Application Number. Also, plans, specifications, documents or other pertinent
materials shall be submitted far Town review; even if only in partial or draft foam.
Payment shall be net thirty (30) days.
Only ane (l) purchase order number per invoice will be accepted. All invoices. and
statements to Town shall reference Town's purchase order number and be addressed as
follows:
Page 2
Invoices:
Town ofLos Gatos
Attn: Accounts Payable
P.O. Box 65S
Los Gatos, CA 95031
Statements:
Town of Los Gatos
Attn: Finance Department
P.O. Box 655
Los Gatos, CA 95031
7. .Availability of Records. Consultant. shall maintain the recoxds supporting this billing for
not less than three (3) years following completion of the work under this Agreement.
Consultant shall rnalce these records available to authorized personnel of the Town at the
Consultant's offices during business hours upon written request of the Town.
Project Manama. The Project Manager for the Consultant for the work under this
Agreement shall be Jessy Pu, Traffic Engineer.
9. Assignability and Subcontracting. The services to be performed under this Agreement
are unique and personal to the Consultant. No portion of these services shall be assigned
or subcontracted without the written consent of the Town.
10. Notices. Any notice required to be given shall be deemed to be duly and properly given
if mailed postage prepaid, and addressed to:
To Town:
Kevin Rohani
Interim Director
Parlcs and Public Works
Town of Los Gatos
41 Miles Avenue
Los Gatos, CA 95030
Phone: (408) 399-5773
To Consultant:
Gary Kruger, P. E./Principal
TJKM Transportation Consultants
3 875 Hopyard Drive, Suite 200
Pleasanton, CA 94588-8526
Phone: (925) 463-0611
or personally delivered to Consultant to such address or such other address as Consultant
designates in writing to Town.
11. Independent Contractor. It is understood that the Consultant, in the performance of the
work and services agreed to be performed, shall act as and be an independent contractor
and not an agent or employee of the Town. As an independent contractor he/she shall not
obtain any rights to retirement benefits or other- benefits which. accrue to Town
employee(s). With prior written consent, the Consultant may perform some obligations
under this Agreement by subcontracting, but may not delegate ultimate responsibility for
performance or assign or transfer interests undex this Agreement.
Consultant agrees to testify in any litigation brought regarding the subject of the work to
be performed undex this Agreement.
Page 3
Consultant shall be compensated for its costs and expenses in preparing for, traveling to,
and testifyingzn such matters at its then cuz7ent hourly rates of compensation, unless such
.litigation is brought by Consultant or is based on allegations of Consultant's negligent
performance or wrongdoing.
12. Conflict of Interest. Consultant understands that its professional responsibilities is solely
to the Town. The Consultant has and shall not obtain any holding or interest within the
Town of Los Gatos. Consultant has no business holdings or agreements- with any
individual member of the Staff or management of the Town or its representatives. nor
shall it enter into any such holdings or agreements, In addition, Consultant warrants that
it does not presently and shall not acquire any direct or indirect interest adverse to those
of the Town in the subject of this Agreement, and it shall immediately disassociate itself
from such an interest should it discover it has done so and shall, at the Town's. sole
discretion, divest itself of such interest. Consultant shall not knowingly and shall take
reasonable steps to ensure that it does not. employ a person having such an interest in this
performance of this Agreement. If after employment of a person, Consultant discovers it
has employed a person with a direct or indirect interest that would conflict with its
perfo~niance of this Agreement, Consultant shall promptly notify Town of this
employment relationship, and Shall, at the Town's sole discretion, sever any such
. employment relationship.
13. Enual Em~lo~ment Opportunity. Consultant warrants that it is an equal opportunity
ezxzployer and shall comply with applicable regulations governing equal employment
opportunity. Neither Consultant nor its subcontractors do and neither shall discriminate
against pexsons employed or seeking employment with them on the basis of age, sex,
color, race, ~ marital status, sexual orientation, ancestry, physical or mental disability,
national origin, religion, or medical condition, unless based upon a bona fide
occupational qualif cation pursuant to the California Fair Employment & Housing Act.
I4. Insurance.
A. Minimum Scope of Insurance;
i. Consultant agrees to have and maintain, for the duration of the contract,
General Liability insurance policies insuring him/her and his/her i:lrrn to
an amount not less than; one million dollars {$1,000,000) combined
single limit per occurrence for bodily injury, personal injury and property
damage.
ii. Consultant agrees to have and maintain for the duration of the contract, an
Automobile Liability insurance policy ensuring. him/her and his/her staff
to an amount not less than one million dollars ($1,000,000) combined
single Limit per accident for bodily injury and property damage.
Page 4
iii. Consultant shall provide to the Town all certificates of insurance, with
original endorsements effecting coverage. Consultant agrees that all
certificates and endorsements are to be received and approved by the
Town before work commences.
iv. Consultant agrees to have and maintain, fox the duration of the contract,
professional liability insurance in amounts not less than $1,000,000 which
is sufficient to insure Consultant for professional errors or omissions in the
performance of the particular scope of work under this agreement.
B. General Liability:
i. The Town, its officers, officials, employees and volunteers are to be
covered as insured as respects: liability arising out of activities performed
by or on behalf of the Consultant; products .and completed operations of
Consultant, premises owned or used by the Consultant. This requirement
does not apply to the professional liability insurance required for
professional errors .and omissions.
ii. The Consultant's insurance coverage shall be primary .insurance as
respects the Town,-.its officers, officials, employees and volunteers. Any
insurance or self insurances maintained by.the Town, its officers, officials,
employees or volunteers shall be excess of the Consultant's insurance and
shall not contribute with it.
iii. Any failure to comply with repotting. provisions of the policies shall not
affect coverage provided to the To~ii, .its officers, officials, employees or
volunteers.
iv. The Consultant's insurance shall apply separately to each insured against
whom a claim is made or suit is brought, except with respect to the limits
of the insurer's liability.
C. All Coverages: Each insurance policy required in this item shall be endorsed to
state that coverage shall not be suspended, voided, cancelled, reduced in coverage
ox in limits except after thirty (30) days' prior written notice by certified mail,
return receipt requested, has been .given to the Town. current certification of such
insurance shall be kept on file at all times during the term of this agreement with
the Clerk Administrator.
D. In addition to these policies, Consultant shall have and maintain Workers'
Compensation insurance as required by California law and shall provide evidence
of such policy to the Town before beginning services under this Agreement.
Fage 5
Further, Consultant shall ensure that all subcontractors employed by Consultant
provide the required Workers' Compensation insurance for their respective
employees.
15. Indemnification. The Consultant shall save, keep and hold harmless indemnify and
defend the Town its officers,. agent, employees and. volunteers from all damages,
liabilities, penalties, costs, or expenses in law or equity that may at and time arise or be
set up because of damages to property or personal injury received by reason of, or in the
course of performing work which may be occasioned by a willful or negligent act or
omissions of the Consultant, or any of the Consultant`s officers, employees, or agents or
any subconsultant.
16. Waiver. No faih~re on the part of either party to exercise any right or remedy hereunder
shall operate as a waiver of any other right or remedy that party may have hereunder, nor
does waiver of a breach or default under this Agreeixient constitute a continuing waiver of
a subsequent breach of the same or any other provision of this Agreement.
17. Governing Law. This Agreement, regardless of where executed, shall be governed by
and construed to the laws of the State of California. Venue for any action regarding this
Agreement shall be in the Superior Court of the County of Santa Clara.
18. Termination of Agreement. The Town and the Consultant shall have the right to
terminate this agreement with or without cause by giving not less than 15 days written
notice of termination. In the event of termination, the Consultant shall deliver to the
Town all plans, files, documents and reports performed to date by the Consultant, In the
event of such termination,. Town shall pay Consultant an amount that bears the same ratio
to the maxiz~aum contract price as the work delivered to the Town b.~ars to completed
services contemplated under this Agreement pursuant to {Exhibit A) hereto, unless such
termination is made for cause, in which event, compensation, if any, shall be adjusted in
light of the particular facts and circumstances involved in such termination.
19. Amendment. No modification, waiver, mutual termination, or amendment of this
Agreement is effective unless made in writing and signed by the Town and the
Consultant.
26. Disputes. In any dispute over any aspect of tlus Agreement, the prevailing party shall be
entitled to iseasonable attorney's fees, including costs of appeal.
21. Entire Agreement. This Agreement, including (Exhibits A and B); attached hereto,
constitutes the complete and exclusive statement of the Agreement between the Town
and Consultant. No terms, conditions, understandings or agxeements purporting to
modify or vary this Agreement, unless hereafter made in writing. and signed by the patty
to be bound, shall be binding on either party.
Page 6
IN WITNESS WHEREOF, the Town and Consultant have executed this Agreement as of
the date indicated on page one (1).'
Town of Los C.ratos, by:
V CJ-`-v-e.l'.a-~cCe~a.o l.~ Psi
Greg Larson, Town Manager ~
Recommended
'~' .n ~
TJKM Transportation Consultants
~ ~ .
ame}
Kevin Rohani
Interim Director of Parks and Public Works
Approved as to form: ~`°`~
Yom' . ~ -°°-°~
Or~ .Korb, Town Attorney
Attest:
Tawas of Los Gatos; bps Gatos, California
T~ clci Rose, Clerk Administrator
Page 7
TJKM
Transportation Vision'fhat Moves Your Community
Consultants
TJKM Scope of Work for Las Gatos On-Calf Services, 2008
The majority of tasks to be performed by the. consultant shall be traffic impact studies for private
development. The consultant shall follow traffic impact study guidelines and requirements in
effect in Los Gatos and in Santa Clara County. The typical scope of work includes an introductioq
that establishes the basis and reason for the traffic Impact report. A scope of work will be
negotiated to establish the various analyses required and the extent of the study area, including.
study intersections, arterial segments, and possibly freeway segments and interchanges, as
appropriate, IVew traffic counts and other traffic data will be collected as necessary and presented
in text, tabular and graphic format within an "Existing Conditions" chapter of the report. The
"Existing Conditions" section will also include level of service calculations using approved methods.
The consultant also anticipates that nearby, but unoccupied, new development projects will also
impact the study intersections. The Tawn of Los Gatos staff maintains a fist of the approved and
pending projects, which will be incorporated in to the Town's Traffix model. The additional trips
from these new developments will be added to the study intersections and arterialifreeway
segments and intercf-~anges to assess levels of service with the additional trips. Finally, the
proposed project shall be described, and an estimate of project trip generation will. be made for
the additional peak hour and dally trips. These additional trips shall be assigned to the study
intersections, arterial and freeway segments and interchanges for an assessment of levels of
service with the project and the approved projecttrips. Where operations fall below acceptable
levels of service, the consultant shah identify feasible mitigation measures to offset the significant
Impacts. Also included will be an assessment of site access and circulation and potential safety
impacts. All appropriate travel modes, such as private automobile,. trucks, pedestrian, bicycle and
public transit, will be included in the analysis. Impacts on public parking will alsa~be identified.
Finally, the procedures, data, findings and conclusions will be summarized, and detailed
calculations of levels of service and other analysis details will be appended to the final draft report.
Upon review by the Town of Las Gatos, the consultant shall prepare a final version of the traffic
impact studyfor inclusion with the application for development entitlements. At the conclusion of
each traffic study, TJKM. shall provide the Tawn staff with the updated Town's Traffix model that
includes the proposed and other approvedf pending projects. A similar process will also be
completed far public projects as appropriate and as negotiated in a scope of services with the
Town of Los Gatos.
'The consultant shall also provide additional professional traffic engineering.. and transportation
planning services including:
• Traffic safety studies and improvements;
• Traffic signal design (new, or modifications of existing signals);
• Traffic signal timing;
• Qevelopment of functional requirements for Advanced Traffic Management Systems, and
other related traffic control and Intelligent Transportation Systems tasks;
• Signing and striping design;
• Traffic calming;
TJKM
Transportation
Consultants
VisionThac Moves Your Community
TJICM
Transportation.
Consultants
Vision That Moves Your Community
Rabe Schedule
Principal ......................................................................~...............,....,.$ 190(hour
1751hour
Principal Assaciate ....................:........................................................
....:...........................................................................
Senior Associate 1651hour
.
. 1401haur
...........
Associate .............................................................................
....
..............................................................................
.
Senior Modefer .. I i 5lhour
.
. 1 IO/hour
Senior Engineer ...................................................................................
Engineer ............................................................................................. 90/hour
140/hour
Contracts Director .............................................................,.......,.,....
Assistant Engineer ............................................................................. 851hour
Assistant Planner ............................................................................... 80/hour
Senior Designer ................................................................................. 951haur
Graphics Designer ............................................................................ 95/hour
Designer .............................................................................................. 70/hour
Technical Staff .................................................................................... b0/hour
.:...................................................................
...
Technical Staff Il . 3Olhour
.
.......
Administrative Staff ........................................................................... b5lhour
Production Staff ................................................................ ............ 30/hour
Reimbu~^sabte Expenses
Plotting (per sheet).....: ......................................................................$ 18.00
Travel Cost (per mile} ......................................................................... .53
Each project.may be subject to initial set up and coordination fees.
Ali outside services are billed at cost plus.. ten percent for handling.
F~cpert witness Charges available upon request,
invoices are due and payable within 30 days. Invoices paid after 30 days will be
subject to separate billings of one and one,half percent per month of unpaid balance.
Late charges are not 'included (n any agreement for maximum charges.
Effective January 1, 2008
Rates subject to change
JaJURISDICTION\ULos GataslProposals1200810rrcall Services (2008-2010)IRate Schedule IBPCVM.doc
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