Loading...
Exhibit A to Attachment 1 - 1st Amendment and Original Agreement - W-transFirst Amendment to Agreement for Consultant Services  W‐Trans for Signal Traffic Signal Modernization Project Management 1 of 2  FIRST AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES  This AMENDMENT TO AGREEMENT is dated for identification this 19th day of August  2020 and amends that certain Agreement for Consultant Services dated April 18, 2018, made by  and between the Town of Los Gatos, ("Town,") and Whitlock & Weinberger Transportation, Inc.  (W‐ Trans), ( "Consultant"), whose address is 505 17th Street, 2nd Floor, Oakland, CA94612.  RECITALS  A.Town and Consultant entered into an Agreement for Consultant Services Agreement on April 18, 2018, (“Agreement”), a copy of which is attached hereto and incorporated by reference as Attachment 1 to this Amendment. B.The Town desires to engage Consultant to provide project management services for the Signal Traffic Signal Modernization (a.k.a. Los Gatos Smart Signals project) based on time and materials (T&M). C.The Consultant represents and affirms that it is willing to perform the desired work pursuant to this Agreement. D.Consultant warrants it possesses the distinct professional skills, qualifications, experience, and resources necessary to timely perform the services described in this Agreement. Consultant acknowledges Town has relied upon these warranties to retain Consultant. AMENDMENT  2.1  Scope of Services.  Consultant shall provide services as described in that certain Proposal  dated July 30, 2020, which is hereby incorporated by reference and attached as Exhibit  A.    2.2 Term and Time of Performance. This contract will remain in effect until June 30, 2023.  2.6 Compensation.  Compensation for Consultant's professional services for the additional  scope of services shall not exceed $75,000, for a total agreement amount not to  exceed $200,000 inclusive of all costs.  Payment shall be based upon Town approval of  each task.  All other terms and conditions of the Agreement remain in full force and effect.  DocuSign Envelope ID: 3F824A4E-2B1C-4FC8-B7A8-3498F73E45FD EXHIBIT A First Amendment to Agreement for Consultant Services  W‐Trans for Signal Traffic Signal Modernization Project Management 2 of 2  IN WITNESS WHEREOF, the Town and Consultant have executed this Amendment.  Town of Los Gatos  By: _______________________________   Consultant by:  By:  ______________________________         Laurel Prevetti, Town Manager Print Name, Title  Department Approval:  _______________________________________  Matt Morley  Director of Parks and Public Works  Approved as to Form: Attest:  ______________________________  ______________________________  Robert Schultz, Town Attorney Shelley Neis, MMC, CPMC   Town Clerk  DocuSign Envelope ID: 3F824A4E-2B1C-4FC8-B7A8-3498F73E45FD 9/8/2020 Mark Spencer, Vice President and Senior Principal 9/8/2020 9/10/2020 9/11/2020 9/11/2020 1276 Lincoln Avenue, Suite 204 San Jose, CA 95125 650.314.8313 w-trans.com SANTA ROSA • OAKLAND • SAN JOSE July 30, 2020 Ms. Ying Smith Town of Los Gatos 41 Miles Avenue Los Gatos, CA 95030 Proposal for On-Call Services as Project Manager for Implementation Phase of the Los Gatos Smart Signals project Dear Ms. Smith; W-Trans is pleased to present this proposal for continued project management services for the system evaluation and engineering phases of the controller upgrade and system purchase projects. Our original scope, written in April 2018, was prepared in response to the Town’s broad request for on-call services and included our best estimation of work tasks at the time, including: •Scheduling; •Conducting meetings and preparing progress reports; •Facilitating work of the selected System Vendors, Econolite, including providing Town-furnished items, reviewing materials submittals, monitoring schedule, budget, and contract completion status, and system acceptance; •Facilitating work of the selected design consultant, Iteris, including providing Town-furnished items, coordinating work with system vendor, monitoring schedule, budget, and contract completion status, and reviewing plan submittals; •Finalizing the Request for Proposals for the System Performance Measure and Virtual Bike Detection contract, reviewing proposals and selecting a vendor, providing Town-furnished items, monitoring schedule, budget, and contract completion status, and system acceptance; and •Various on-call assignments that might become necessary. Of these tasks, facilitating work and providing Town-furnished items of Econolite and Iteris has already begun, and preparing the first draft of the RFP for SPM and VBD vendor is complete Tasks to be addressed over the next year of project development are described in the following section. Scope of Services 1.Project management and oversight, including: a.Maintain schedule: To include tracking funding deadlines and E76 approval status. b.Meetings and progress reports: W-Trans will continue to schedule periodic informal meetings with Town staff and other involved parties with a focus on deliverables and due dates. We will provide monthly progress reports. Following each meeting we will prepare meeting notes. c.Grant funding: Includes coordination with MTC to determine requirements, verifying that the NEPA/ CEQA filing already completed by MTC is adequate, and working with Town staff to submit reimbursement requests to MTC. 2.Facilitating work of the selected System Vendor, Econolite, including: a.Monitoring schedule, budget, and contract completion status b.Responding to requests for information or clarifications c.Coordinating work with other vendors or consultants d.Reviewing deliverables and coordinating comments with Town staff e.Review signal timing recommendations f.Attending or coordinating system training sessions Exhibit A DocuSign Envelope ID: 3F824A4E-2B1C-4FC8-B7A8-3498F73E45FD Ms. Ying Smith Page 2 July 30, 2020 g. Attending progress meetings every other week 3. Facilitating work of the selected design consultant, Iteris, including: a. Monitoring schedule, budget, and contract completion status b. Responding to requests for information or clarifications c. Coordinating work with selected vendors d. Reviewing deliverables and coordinating comments with Town staff e. Attending progress meetings every other week and monitoring status of action items 4. Finalizing the Request for Proposals for the System Performance Measure and Virtual Bike Detection vendor, reviewing proposals, developing a short list and interviewing firms (if needed), and selecting a vendor. 5. Facilitating work of the selected System Performance Measure and Virtual Bike Detection vendor, including: a. Monitoring schedule, budget, and contract completion status b. Responding to requests for information or clarifications c. Facilitating requests for information to be furnished by the Town or other contracted parties d. Reviewing deliverables and coordinating comments with Town staff e. Attending progress meetings every other week and monitoring status of action items f. System acceptance 6. On-Call Services: W-Trans will provide additional services that are not already described in Tasks 1 through 5 on an as-needed basis. All on-call work will be documented via an email describing the scope, fee, and schedule before starting work. Exclusions: The scope of services does not include items that are not specifically identified above. Any additional services needed would be provided on a time and materials basis after receiving written authorization. Schedule and Budget The schedule for services in Tasks 1 through 5 will match the schedule submitted to MTC. On-call services are expected to occur over the next 12 months. Our services will be conducted on a time and materials basis at the rates indicated on the enclosed sheet; note that a new rate schedule will be provided in January 2021 for services that occur next year. Monthly invoices will be provided electronically unless a hard copy via mail is requested. The estimated maximum fee is $75,000. I will be your primary contact for these services. Please contact me at (650) 314-8313 or sfitzsimons@w-trans.com if you have any questions about this proposal. Please issue a Purchase Order if you wish to initiate services. This proposal will remain a firm offer for 90 days from the date of this letter. Thank you for giving us the opportunity to propose on these services. Sincerely, Steve Fitzsimons, PE Principal SMF/smf/LGA006.P3 Enclosures: 2020 Fee Schedule, Project Fee Estimate DocuSign Envelope ID: 3F824A4E-2B1C-4FC8-B7A8-3498F73E45FD 490 Mendocino Avenue, Suite 201 SANTA ROSA, CA 95401 707.542.9500 505 17th Street, 2nd Floor OAKLAND, CA 94612 510.444.2600 1276 Lincoln Avenue, Suite 204 SAN JOSE, CA 95125 650.314.8313 w-trans.com Fee Schedule 2020 Staff Billing Rates Position Billing Rate (per hour) Senior Principal $280 – $305 Principal $220 – $260 Senior Engineer/Planner $195 – $210 Engineer/Planner $150 – $160 Associate Engineer/Planner $135 – $150 Assistant Engineer/Planner $115 – $125 Technician/Administrative $95 – $110 Intern $30 – $80 Field Technician $30 – $75 2020 Expense Charges Item Charge Mileage $0.63/mile* Services and Expenses 10% surcharge These rates are valid for work performed prior to December 31, 2020. Work performed after January 1, 2021, and any subsequent year may be billed at the revised rates established for that year. * Mileage charge will be based on the IRS Standard Mileage Rate (set at $0.575 effective January 1, 2020) plus 10 percent. DocuSign Envelope ID: 3F824A4E-2B1C-4FC8-B7A8-3498F73E45FD Task Steve Fitzsimons Associate 4 Associate 2 Admin 2 Misc Total Hours 1. Project Management and Oversight 30 0 0 20 $0 50 2. Facilitate Econolite Work 47 0 117 0 $80 164 3. Facilitate Iteris Work 38 0 49 0 $80 87 4. Finalize SPM-VDB Vendor RFP 39 22 0 8 $40 69 5. Facilitate SPM-VBP Vendor Work 17 50 0 0 $60 67 171 72 166 28 $260 437 Task $220 $150 $140 $110 LS TOTAL 1. Project Management and Oversight $6,600 $0 $0 $2,200 $0 $8,800 2. Facilitate Econolite Work $10,340 $0 $16,380 $0 $80 $26,800 3. Facilitate Iteris Work $8,360 $0 $6,860 $0 $80 $15,300 4. Finalize SPM-VDB Vendor RFP $8,580 $3,300 $0 $880 $40 $12,800 5. Facilitate SPM-VBP Vendor Work $3,740 $7,500 $0 $0 $60 $11,300 $37,620 $10,800 $23,240 $3,080 $260 $75,000 Los Gatos ATMS On-Call Support, Phase 3 W-Trans Fee Estimate HOURS BY STAFF MEMBER FEE AT HOURLY RATES INDICATED These rates are valid for work performed prior to December 31, 2020. Work performed after January 1, 2021, and any subsequent year may be billed at the revised rates established for that year. Mileage charges will be based on the IRS Standard Mileage Rate (set at $0.575 effective January 1, 2020; subject to change) plus 10 percent. DocuSign Envelope ID: 3F824A4E-2B1C-4FC8-B7A8-3498F73E45FD AGR .D _ AGREEMENT FOR CONSULTANT SERVICES 1HH THIS AGREEMENT is made and entered into on April 12, 2018 by and between TOWN OF LOS GATOS, a California municipal corporation, ( "Town ") and Whitlock & Weinberger Transportation, Inc. (W- Trans), ( "Consultant"), whose address is 505 17th Street, 2 "d Floor, Oakland, CA 94612. This Agreement is made with reference to the following facts. I. RECITALS 1.1 The Town desires to engage Consultant to provide project management services for the system evaluation and engineering phases of the controller upgrade and system purchase projects for the Los Gatos Smart Signals project based on time and materials (T &M). 1.2 The Consultant represents and affirms that it is willing to perform the desired work pursuant to this Agreement. 1.3 Consultant warrants it possesses the distinct professional skills, qualifications, experience, and resources necessary to timely perform the services described in this Agreement. Consultant acknowledges Town has relied upon these warranties to retain Consultant. II. AGREEMENTS 2.1 Scone of Services. Consultant shall provide services as described in that certain Proposal sent to the Town on April 6, 2018, which is hereby incorporated by reference and attached as Exhibit A. The services include: Develop schedule Meetings and progress reports Visionary Meeting System evaluation Design drawing On -Call services 2.2 Term and Time of Performance. This contract will remain in effect from April 12, 2018 to June 30, 2020 2.3 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 all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Consultant to practice its profession. Consultant shall maintain a Town of Los Gatos business license pursuant to Chapter 14 of the Code of the Town of Los Gatos. 2.4 Sole Responsibility. Consultant shall be responsible for employing or engaging all persons necessary to perform the services under this Agreement. Agreement for Consultant Services — Whitlock & Weinberger Transportation (W- Trans) Los Gatos Smart Signal Project Page 1 of 6 DocuSign Envelope ID: 3F824A4E-2B1C-4FC8-B7A8-3498F73E45FD 2.5 Information/Renort 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 purpose of evaluating a defined 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 confirmed in writing by Consultant to be a trade secret of Consultant. 2.6 Com ensation. Compensation for Consultant's professional services shall not exceed / 125,000, inclusive of all costs. Payment shall be based upon Town approval of each task. 2.7 Billing. Billing shall be monthly by invoice within thirty (30) days of the rendering of the service and shall be accompanied by a detailed explanation of the work performed by whom at what rate and on what date. Also, plans, specifications, documents or other pertinent materials shall be submitted for Town review, even if only in partial or draft form. Payment shall be net thirty (30) days. All invoices and statements to the Town shall be addressed as follows: Invoices: Town of Los Gatos Attn: Accounts Payable P.O. Box 655 Los Gatos, CA 95031 -0655 2.8 Availability of Records. Consultant shall maintain the records supporting this billing for not less than three years following completion of the work under this Agreement. Consultant shall make these records available to authorized personnel of the Town at the Consultant's offices during business hours upon written request of the Town. 2.9 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. 2.10 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 Agreement for Consultant Services — Whitlock & Weinberger Transportation (W- Trans) Los Gatos Smart Signal Project Page 2 of 6 DocuSign Envelope ID: 3F824A4E-2B1C-4FC8-B7A8-3498F73E45FD by subcontracting, but may not delegate ultimate responsibility for performance or assign or transfer interests under this Agreement. Consultant agrees to testify in any litigation brought regarding the subject of the work to be performed under this Agreement. Consultant shall be compensated for its costs and expenses in preparing for, traveling to, and testifying in such matters at its then current hourly rates of compensation, unless such litigation is brought by Consultant or is based on allegations of Consultant's negligent performance or wrongdoing. 2.11 Conflict of Interest. Consultant understands that its professional responsibilities are 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 performance 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. 2.12 Equal Employment Cr000rtunity. Consultant warrants that it is an equal opportunity employer and shall comply with applicable regulations governing equal employment opportunity. Neither Consultant nor its subcontractors do and neither shall discriminate against persons 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 qualification pursuant to the California Fair Employment & Housing Act. III. INSURANCE AND INDEMNIFICATION 3.1 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 firm 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. Agreement for Consultant Services — Whitlock & Weinberger Transportation (W- Trans) Los Gatos Smart Signal Project Page 3 of 6 DocuSign Envelope ID: 3F824A4E-2B1C-4FC8-B7A8-3498F73E45FD 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, for 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. 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 reporting provisions of the policies shall not affect coverage provided to the Town, 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. 3.2 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 or 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 Town Clerk. 3.3 Workers' Compensation. 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. Further, Consultant shall ensure that all subcontractors employed by Consultant provide the required Workers' Compensation insurance for their respective employees. 3.4 Indemnification. The Consultant shall save, keep, hold harmless and indemnify and defend the Town its officers, agent, employees and volunteers from all damages, liabilities, Agreement for Consultant Services — Whitlock & Weinberger Transportation (W- Trans) Los Gatos Smart Signal Project Page 4 of 6 DocuSign Envelope ID: 3F824A4E-2B1C-4FC8-B7A8-3498F73E45FD penalties, costs, or expenses in law or equity that may at any 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. IV. GENERAL TERMS 4.1 Waiver. No failure 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 Agreement constitute a continuing waiver of a subsequent breach of the same or any other provision of this Agreement. 4.2 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. 4.3 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 fifteen days (15) written notice of termination. In the event of termination, the Consultant shall deliver to the Town all plans, files, documents, 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 maximum contract price as the work delivered to the Town bears to completed services contemplated under this Agreement, 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. 4.4 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. 4.5 Disputes. In any dispute over any aspect of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, including costs of appeal. 4.6 Notices. Any notice required to be given shall be deemed to be duly and properly given if mailed postage prepaid, and addressed to: Town of Los Gatos Whitlock & Weinberger Transportation, Inc. Attn: Town Clerk (W -Trans) 110 E. Main Street 505 17th Street, tad Floor Los Gatos, CA 95030 Oakland, CA 94612 or personally delivered to Consultant to such address or such other address as Consultant designates in writing to Town. 4.7 Order of Precedence. In the event of any conflict, contradiction, or ambiguity between the terms and conditions of this Agreement in respect of the Products or Services and any Agreement for Consultant Services— Whitlock & Weinberger Transportation (W- Trans) Los Gatos Smart Signal Project Page 5 of 6 DocuSign Envelope ID: 3F824A4E-2B1C-4FC8-B7A8-3498F73E45FD attachments to this Agreement, then the terms and conditions of this Agreement shall prevail over attachments or other writings. 4.8 Entire Agreement. This Agreement, including all Exhibits, constitutes the complete and exclusive statement of the Agreement between the Town and Consultant. No terms, conditions, understandings or agreements purporting to modify or vary this Agreement, unless hereafter made in writing and signed by the party to be bound, shall be binding on either party. IN WITNESS WHEREOF, the Town and Consultant have executed this Agreement. Town of Los Gatos by: Consultant, by: Laurel Prevettr 'Town Manager Mark E Spencer I o I nd by 0 L _ Print fAatt Mort6y, Dfrector of arks nd Pu tc ` •itle Works Approved as to Form: Robert Schultz_ ' o n Attorney Agreement for Consultant Services - Whitlock & Weinberger Transportation (W- Trans) Los Gatos Smart Signal Prqject Page 6 of 6 DocuSign Envelope ID: 3F824A4E-2B1C-4FC8-B7A8-3498F73E45FD Proposal for On -Call Services to serve as Project Manager for the Los Gatos Smart Signals project Dear Ms. Smith; W -Trans is pleased to present this proposal for project management services for the system evaluation and engineering phases of the controller upgradeand system purchase projects. Following are the assumptions relied upon in preparing our scope of services and fee proposal. Project 0 (PO) replaces controller assemblies and upgrades detection Town -wide. The software in the new controllers might differ from current Town preferences as the adaptive project may need a different solution. Project 1 (P1) involves adding adaptive and system performance measures (SPMs) to the controller capabilities. Project 2 (bicycle app) is not to be addressed by the current scope but the "cloud computing' requirements must be understood and addressed. The focus of the current effort is to coordinate with MTCs System Evaluation and to assist with hiring a consultant to prepare contract documents. Assistance during the installation and implementation phases, and with all aspects of Project 2, are not addressed in this proposal. The schedule for this effort is listed in the IDEA grant application as 6 months for design and environmental clearance. Bid, award, and construction /installation activities are to be covered in a supplemental procurement. Steve Fitzsimons, PE, TE, is our proposed key staff. He has recently completed a similar project for Rohnert Park and gained valuable, relevant insights. Scope of Services 1. Develop schedule. Starting with the grant schedule requirements and Town expectations, W -Trans will develop a detailed schedule for the PO and Pi efforts, and we will maintain and update the schedule throughout the project as needed. 2. Meetings and progress reports. W -Trans will schedule weekly calls with Town staff and other involved parties, focused on deliverables and due dates. We will provide monthly progress reports. We will attend up to six meetings with the MTC system engineering consultant, and up to two meetings with MTC staff. Following each meeting we will prepare meeting minutes. 3. Visionary Meeting. We will schedule and lead a visioning meeting with Town staff for PO and Pt to include a thorough description of existing conditions on Los Gatos streets and desired performance once the PO and P1 projects are complete. The product of the Visioning meeting will be turned into a performance specification for the adaptive system and a list of ASPMS to be configured for the Town's use by the system vendor. 4. System evaluation. W -Trans will review the Request for Proposal prepared by the MTC system engineering consultant and the Draft, Pre - Final, and Final levels of completion. We will coordinate with Town staff on 1276 Lincoln Avenue, Suite 204. San Jose, CA 95125 650 - 314 -8313 w- trans.com SANTA ROSA• OAKLAND• SAN JOSE EXHIBIT A April 6, 2018 W -Trans Ms. Ying Smith Town of Los Gatos 41 Miles Avenue Los Gatos, CA 95030 Proposal for On -Call Services to serve as Project Manager for the Los Gatos Smart Signals project Dear Ms. Smith; W -Trans is pleased to present this proposal for project management services for the system evaluation and engineering phases of the controller upgradeand system purchase projects. Following are the assumptions relied upon in preparing our scope of services and fee proposal. Project 0 (PO) replaces controller assemblies and upgrades detection Town -wide. The software in the new controllers might differ from current Town preferences as the adaptive project may need a different solution. Project 1 (P1) involves adding adaptive and system performance measures (SPMs) to the controller capabilities. Project 2 (bicycle app) is not to be addressed by the current scope but the "cloud computing' requirements must be understood and addressed. The focus of the current effort is to coordinate with MTCs System Evaluation and to assist with hiring a consultant to prepare contract documents. Assistance during the installation and implementation phases, and with all aspects of Project 2, are not addressed in this proposal. The schedule for this effort is listed in the IDEA grant application as 6 months for design and environmental clearance. Bid, award, and construction /installation activities are to be covered in a supplemental procurement. Steve Fitzsimons, PE, TE, is our proposed key staff. He has recently completed a similar project for Rohnert Park and gained valuable, relevant insights. Scope of Services 1. Develop schedule. Starting with the grant schedule requirements and Town expectations, W -Trans will develop a detailed schedule for the PO and Pi efforts, and we will maintain and update the schedule throughout the project as needed. 2. Meetings and progress reports. W -Trans will schedule weekly calls with Town staff and other involved parties, focused on deliverables and due dates. We will provide monthly progress reports. We will attend up to six meetings with the MTC system engineering consultant, and up to two meetings with MTC staff. Following each meeting we will prepare meeting minutes. 3. Visionary Meeting. We will schedule and lead a visioning meeting with Town staff for PO and Pt to include a thorough description of existing conditions on Los Gatos streets and desired performance once the PO and P1 projects are complete. The product of the Visioning meeting will be turned into a performance specification for the adaptive system and a list of ASPMS to be configured for the Town's use by the system vendor. 4. System evaluation. W -Trans will review the Request for Proposal prepared by the MTC system engineering consultant and the Draft, Pre - Final, and Final levels of completion. We will coordinate with Town staff on 1276 Lincoln Avenue, Suite 204. San Jose, CA 95125 650 - 314 -8313 w- trans.com SANTA ROSA• OAKLAND• SAN JOSE EXHIBIT A DocuSign Envelope ID: 3F824A4E-2B1C-4FC8-B7A8-3498F73E45FD Ms. Ying Smith Page 2 April 6, 2018 general conditions and dates, and check to see if performance specification from task 3 is incorporated. We will participate in system vendor interviews and selection, including reference checking. This proposal assumes no more than three vendors will be shortlisted and interviewed. 5. Design Drawing. We will prepare a request for proposal for design consultants. We will review design drawings and specifications at the 30 %, 50 %, 80 %, 100% and Bid Set levels of completion, and provide comments on marked -up paper plots and in an Excel comment matrix. Coordination with Town engineeringandinspectionstaffisassumedinthistask. 6. On -Call Services. W -Trans will provide additional services that are not already described in Tasks 1 -5 on an on -call basis. All on -call work will be documented via an email describing the scope, fee, and schedule before starting work. On -Call service may include, but are not limited to, the following: Vendor interviews and negotiation meetings Reference checks Support with grant coordination Acceptance testing Responding to vendor questions Exclusions: The scope of services does not include items that are not specifically identified above. Any additional services needed would be provided on a time and materials basis after receiving written authorization. Schedule and Budget The schedule for services in Tasks 1 -5 will match the expected six -month schedule stated in the IDEA grant application. On -call services are expected to occur over the following 12 months. A detailed schedule will be prepared and updated by W -Trans throughout the project. Our services will be conducted on a time and materials basis at the rates indicated on the enclosed sheet. Monthly invoices will be provided electronically unless a hard copy via mail is requested. The estimated maximum fee for Tasks 1 -5 $37,650 and the Task 6 budget is $12,350, resulting in a total budget of $50,000. Steve Fitzsimons will be your primary contact for these service. Please contact him at 650- 3148313 or sfitzsimons()w- trans.com if you have any questions about this proposal. Please issue a Purchase Order if you wish to initiate services. This proposal will remain a firm offer for 90 days from the date of this letter. Thank you for giving us the opportunity to propose on these services. Sincerely, Mark E. Spencer, PEI Principal MES /surf /LGA006.P1 Enclosures: 2018 Fee Schedule Project Fee Estimate DocuSign Envelope ID: 3F824A4E-2B1C-4FC8-B7A8-3498F73E45FD 1. Prepare and Update Schedule 2. Meetings and Progress Reports 3. Visioning Meeting 4. System Evaluation 5. Design drawings 6. On-Call Services 10 8 0 0 18 57 42 0 106 99 8 9 2 38 19 20 14 0 26 34 33 18 9 s0 60 44 29 0 65 73 1. Prepare and Update Schedule 2,100 840 o 0 2,940 2. Meetings and Progress Reports 11,970 4,410 0 106 16,486 3. Visioning Meeting 1,680 945 190 38 2,853 4. System Evaluation 4,200 1,470 0 26 5,696 5. Design drawings 6,930 1,890 855 0 9,675 6. On-Call Services S9,240 3,045 0 65 12,350 These rates are valid for work initiated prior to December 31, 2018. Work completed after January 1, 2019, and any subsequent year may be billed at the revised rates established for that year. Mileage charges will be based on the IRS Standard Mileage Rate (set at $0.545 effective January 1, 2018; subject to change) plus 10 percent. DocuSign Envelope ID: 3F824A4E-2B1C-4FC8-B7A8-3498F73E45FD W', 4rans Fee Schedule 2018 Staff Billing Rates Position Billing Rate (per hour) Principal 205- $290 Associate Principal 185- $205 Senior Engineer /Planner 175-$200 Engineer /Planner 150-$175 Associate Engineer /Planner 130 -$150 Assistant Engineer /Planner 100 -$130 Technician /Administrative 85 -$100 Intern 30 -$80 Field Technician 20- $40 2018 Expense Charges Item Charge Mileage $0.60 /mile* Services and Expenses 10% surcharge These rates are valid for work initiated prior to December 31, 2018. Work initiated after January 1, 2019, and any subsequent year may be billed at the revised rates established for that year. Mileage charge will be based on the IRS Standard Mileage Rate set at $0.545 effective January 1, 2018; subject to change) plus 10 percent. 490 Mendocino Avenue, Suite 201 SANTA ROSA CA 95401 707.542.9500 50517Ih Street 2nd Floor OAKLAND, CA 94612 510.444.2600 1276 Lincoln Avenue, Suite 204 SAN JOSE, CA 95125 650.314.8313 w- trans.com DocuSign Envelope ID: 3F824A4E-2B1C-4FC8-B7A8-3498F73E45FD T K- M Ms. Ying Smith Town of Los Gatos Parks and Public Works Department 41 Miles Avenue Los Gatos, CA 95030 RE: Project Management Services for Town's Smart Signals Project Thank you for the opportunity for TJKM to provide project management services to the Town for the Smart Signals Project, which includes Project 0, 1, and 2. TJKM assisted the Town with preparation of MTC's IDEA grant application and was successful in the Town being awarded the federal funds for Project 1 and 2. Based on our meeting on March 14, 2018, the Town would like the Consultant to assist in project management of the System Evaluation and Engineering (PS &E) phases of Project 0 and Project 1. Scope and responsibilities for the future phases, including PO and P1 installation & implementation and P2, will be determined on a future date. TJKM will assist the Town in the following tasks outlined by the Town in their email dated March 16, 2018: The Project Manager (PM) shall function on behalf of Town staff and assume full project management role and responsibility, ensuring project success from selection /evaluation of system and equipment, through RFP for design and overseeing the preparation of the bid contract documents. The PM would also assist with final implementation of a functioning system, within the project schedule. The scope and fee for providing project management services during bid and construction support will be a separate contract. The PM shall be responsible for communications with all parties: Town staff, MTC staff and consultants, Caltrans, and consultants and vendors hired by the Town. The PM shall submit written updates to designated Town staff on a regular basis and as requested by Town staff. For example, updates upon each meeting with MTC, design consultants, and vendors. The PM shall participate with the Town's Traffic Engineer in system evaluation as performed by MTC's consultant to ensure appropriate selection of system for the Town of Los Gatos. Based on the system evaluation completed by MTC's consultant, the PM shall prepare an RFP for a design consultant to prepare PS &E of Project 0 and 1. The Town's City Traffic Engineer will issue the RFP and the PM will be available to assist with questions that arise during the advertising phase. The PM shall review PS &E and provide comments to design consultants through redline markups scanned and emailed back to the design consultant. TJKM estimates the duration of the system evaluation and PS &E phases to be at least 24 months. PLEASANTON SAN JOSE SANTA ROSA SACRAMENTO FRESNO Corporate Office: 4305 Hacienda Drive, Suite 550, Pleasanton, CA 94588 Phone: 925.463.0611 www.TJKM.com DBE #40772 SBE #38780 DocuSign Envelope ID: 3F824A4E-2B1C-4FC8-B7A8-3498F73E45FD TJ KM Ms. Ying Smith March 19, 2018 Page 2 of 2 The Town's Traffic Engineer is anticipated to be involved in the system evaluation phase meetings with MTC, review of the system engineering documentation, selection of the central signal system, review of the design RFP prepared by TJKM, and meetings with the Town's selected design consultant. TJKM will coordinate with the Town's Traffic Engineer during these instances and provide updates to the Town on other meetings attended without the Town's Traffic Engineer. Based on the workscope above, TJKM anticipates a minimum of 10 hours a week of time for the PM or other staff assisting for at least an 18 month timeframe. Based on our experience, we estimate 6 months for the System Engineering Project 0 and 1 phase and 12 months for the PS &E phase. The PM and other staff assisting would invoice the Town on a time and materials basis using the latest rate schedule attached. TJKM will invoice monthly to the Town and inform the Town's Traffic Engineer once the budget is close to 90% expended. The estimated fee for the workscope is $200 /hr x 10 hrs /week x 78 weeks = $156,000 plus direct expenses (estimated at $10,000) = $166,000 total. If the estimated duration is expected to be longer than 18 months, TJKM will revise the proposal accordingly and resubmit to the City for approval. Please feel free to call me at 925- 264 -5003 or email at al2atelCcDtjkm.com for any questions regarding this proposal. Sincerely, A 14 Atul Patel, T.E. Director of Design & ITS DocuSign Envelope ID: 3F824A4E-2B1C-4FC8-B7A8-3498F73E45FD TAM Rate Schedule VISION THAT MOVES YOUR COMMUNITY Principal................... ............................... Director.................... ............................... Senior Project Manager .......................... Project Manager ...... ............................... Senior Transportation Engineer .............. Transportation Engineer ......................... Assistant Transportation Engineer ......... Transportation Planner ........................... Assistant Transportation Planner ........... Graphics Designer .... ............................... Designer................... ............................... Technical Staff II ....... ............................... Administrative Staff . ............................... Production Staff ....... ............................... Reimbursable Expenses 250 /hour 230 /hour 210 /hour 180 /hour 165 /hour 145 /hour 125 /hour 120 /hour 115 /hour 110 /hour 100 /hour 90 /hour 80 /hour 55 /hour Plotting(per sheet) ..................................................................... ............................... $18.00 Travel Cost (per mile, subject to change; based on IRS standard mileage rates) ..........545 All outside services are billed at cost plus a ten percent margin 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 Effective January 1, 2018 Rates Subject to Change PLEASANTON SAN JOSE SANTA ROSA SACRAMENTO FRESNO Corporate Office: 4305 Hacienda Drive, Suite 550, Pleasanton., CA 94588 Phone: 925.463.0611 Fax: 925.463.3690 www.TJKM.com DBE #40772 SBE #38780 DocuSign Envelope ID: 3F824A4E-2B1C-4FC8-B7A8-3498F73E45FD