15 Staff Report - Traffic Consultant ServicesDATE:
TO:
FROM:
SUBJECT:
MEETING DATE:6/20/05-ITEM NO.i~
COUNCIL AGENDA REPORT
JUNE 8,2005
MAYORANDTOWNCOUNC~
DEBRA J.FIGONE,TOWN MANAGER
AMENDMENT TO AGREEMENT FOR TRAFFIC CONSULTANT
SERVICES
ADOPT RESOLUTION AUTHORIZING THE TOWN MANAGER TO
EXECUTE AN AMENDMENT TO THE PROFESSIONAL CONSULTANT
SERVICES AGREEMENT WITH TJKM TRANSPORTATION
CONSULTANTS TO EXTEND THE AGREEMENT FOR TWO MORE
YEARS TO PERFORM TRAFFIC CONSULTANT SERVICES IN THE TOWN
OF LOS GATOS ON AN ON-CALL BASIS
RECOMMENDATION:
Adopt resolution (Attachment 1)authorizing the Town Manager to execute an amendment to the
professional consultant services agreement (Exhibit A)with TJKM Transportation Consultants to
extend the agreement for two more years to perform Traffic Engineering Consultant services in the
Town of Los Gatos on an on-call basis.
BACKGROUND:
The Town of Los Gatos has been using consultants to assist the Town in review of environmental,
architectural,geology,traffic,and arborist issues related to private development projects.These
consultant contracts are reviewed each year by the appropriate Town department and staff to insure
that we are satisfied with the services provided and that Town residents receive quality service.
Because of the anticipated intensity ofreview work for private development proj ect and their traffic
related issues,and because it is important to the aims of providing quality customer service,staff
believes retention oftwo qualified consultants will be beneficial.TJKM Transportation Consultants
has also been working for the Town for the for the past few years on an on-call services contract.
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PREPARED BY:J HNE.CURTIS
irector of Parks and Public Works
Reviewed by:(J~)Assistant Town Manager :.Jj/LAttomey __Clerk Administrator __
Finance ~Community Development __.Revised:6/8/05 11:16 am
Reformatted:5/30/02 N:\B&E\COUNCIL REPORTS\tjkm.traffic.consultant.serv.amendment to agr.wpd
PAGE 2
MAYORANDTOWNCOUNC~
SUBJECT:AMENDMENT TO AGREEMENT FOR TRAFFIC CONSULTANT SERVICES
JUNE 8,2005
DISCUSSION:
The services provided by the on-call traffic consultant have been primarily for the traffic impact
studies which are paid for by the private developments and managed by Town staff.
TJKM Transportation Consultants has been working for the Town for several years and is very
familiar with the Town and its traffic related issues.This firm will continue to be one of our traffic
consultants.
CONCLUSION:
It is recommended that the Council adopt the attached Resolution authorizing the Town Manager
to execute an Amendment to the Professional Services Agreement with the TJKM Transportation
Consultants to extend the agreement for two years to provide traffic engirieering consultant services
on an on-call basis.
ENVIRONMENTAL ASSESSMENT:
The project is Categorically Exempt pursuant to Sections 15301(c),15303(e)and 15304(b)of the
State CEQA guidelines.
FISCAL IMPACT:
The work by TJKM Transportation Consultants will be for private development projects and will
be fully paid by private developers.
Attachments:
1.Resolution approving amendment to the Professional Services Agreement (Exhibit A)
2.Original Agreement dated July 30,2003 and Schedule of Charges
RESOLUTION
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
APPROVING AN AMENDMENT TO THE AGREEMENT FOR
PROFESSIONAL CONSULTANT SERVICES
WITH TJKM TRANSPORTATION CONSULTANTS
TO PROVIDE TRAFFIC ENGINEERING CONSULTANT SERVICES
ON AN ON-CALL BASIS
WHEREAS,it is necessary for the Council to secure professional consultant services
to provide traffic engineering consultant services in the Town of Los Gatos on an on-call basis;and
WHEREAS,the Town Council has selected the finn of TJKM Transportation
Consultants to provide traffic engineering consultant services and desires to extend the professional
services agreement for two more years;and
NOW,THEREFORE,IT IS RESOLVED that the Town Council ofthe Town of
Los Gatos hereby aIJProves the attached Amendment to extend to the Professional Services
Agreement (Exhibit A)with the finn of TJKM Transportation Consultants for two more years to
provide professional services in connection with traffic engineering consultant services;and
BE IT FURTHER RESOLVED that the Town Manager is hereby authorized and
directed to execute said Amendment to the Agreement on behalf of the Council.
PASSED AND ADOPTED at a regular meeting ofthe Town Council ofthe Town
of Los Gatos held on the day of ,2005,by the 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
ATTACHMENT 1
AMENDMENT TO AGREEMENT
This AMENDMENT TO AGREEMENT is entered into this __day of _
200_,by and between the Town of Los Gatos,State of California,herein called "Town,"and
TJKM Transportation Consultants,herein called "[Consultant/Contractor]."
RECITALS
A.Town and Consultant entered into an agreement to provide traffic engineering consultant
services in July 3,2003 ("Agreement"),a copy of which is attached hereto as (Attachment
1)and incorporated herein by reference.
AMENDMENT
1.The Agreement is hereby amended to extend the agreement for a period of two more years
from July 1,2005 through June 30,2007.
2.All other terms and conditions of the Agreement of July 3,2003 remain in full force and
effect.
IN WITNESS WHEREOF,the Town and Consultant have executed this second Agreement
to the Agreement as of the date indicated on page one (1).
Town of Los Gatos,by:
Debra J.Figone,Town Manager
Town of Los Gatos
Recommended by:
John E.Curtis
Director of Parks and Public Works
Approved as to Form:
Orry P.Korb,Town Attorney
ATTEST:
Marlyn Rasmussen,Clerk Administrator
By:TJKM Transportation Consultants
(Print Name)
Exhibit A
..-':,.•;:,......:
CiFFICE OF THE TO\v'"N CLERK
3 _~GR Q3,OQ1
AGREEMENT FOR TRAFFIC ENGINEERING CONSULTANT smN-A-IIIC-'E....S~----'_
ORD _
-....-
.-~~RECTHISAGREEME~T is .entered.into this,.Ji:aay of -J,.,20~~~py and between Town
of Los Gatos,State ofCalI forma,herem called 'Town",and JKM TransportatIOn ConsUltants,
engaged in providing Traffic Engineering consultant services herein called "Consultant."
.RECITALS
A.Town is considering undertaking activities to PROVIDE·TRAFFIC ENGINEERING
CONSULTANT SERVICES FOR TOWN OF LOS GATOS.·
B.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 ofConsultant's experience and qualifications to perform the desired work.
.C.Consultant represents and affirms that it is qualified and willing to perform the desired work
pl:lrsuant to this Agreement.
AGREEMENTS
NOW,THEREFORE,THE PARTIES HERETO AGREE AS FOLLOWS:
1.Scope of Services.Consultant shall provide the Traffic Engineering consultant services as
requested by the Town outlined in Exhibit 13.E./<.\o\If>'~A ~~C-,!'J ITIAL..:=;tr IN\T\A,L.
2.Time ofPerfonnance.The services of Consultant are for the period of July 1,2003 to June
30,2005.The Town will review the consultants performance at the end ofthe contract period
and will have the option of renewing the contract.Should Town not renew a contract,the
award and authorization of the contract shall automatically expire.Town shall give
Consultant at least 15 days notice,prior to the cancellation or expiration of the contract.
3.Compliancewith Laws.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 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 ofthis Agreement any licenses,
permits,and approvals 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 Town of Los Gatos.
4.Sole Responsibility.Consultant shall be responsible for employing or engaging all persons
necessary to perform the services under this Agreement.
Attachment 2
-5 .InfonnationlReport Handling.All documents -furnished-to Consultantby Town and all reports '
and supportive data prepared by Consultant under this Agreement are'Town's property and
shall be deli-\§.~.ed to Town upon the completion of Consultant's services or at Town's written
request.AfJ.'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 Town to the public,and Consultant shall not make any of the these
documents or information available to any individual or organization not employed
by consultants by Consultant or Town without the written consent of Town before such
release.
Town acknowledges that the reports to be prepared by Consultant pursuant to this Agreement
are for the purpose of evaluating a defined project,and Town's use of the infonnation
contained in the reports prepared by 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.
6.Compensation.Compensation for Consultant's professional servic.es shall be based on the
Consultant's 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 reference 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 for Town review,even if only in partial or draft form.
Payment shall be net thirty (30)days.
Only one (1)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:
Invoices:Town of Los Gatos
Attn:Accounts Payable
P.O.Box 655
Los Gatos,CA 95030
Statements:Town of Los Gatos'
Attn:Sandy Ortiz
P.O.Box 655
Los Gatos,CA 95030
,7.Availability of Records.Consultant shall maintain the records supporting this billing for not
less than three (3)years following completion of the work under this Agreement.Consultant
shall make these records available to authorized personnel of Town at Consultant's offices
during business hours upon written request of Town.
8.Project Manager.The Project Manager for Consultant for the work under this Agreement
shall be J essy Pu,Traffic Engineer.
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9.Assignability and Subcontracting.The services to be performed under this Agreement are
unique and personal to Consultant.No portion of these services shall be assigned or
subcontracted without the written consent of Town.
·····-10;Notices.Any notice required to -be -given-shall be deemed-to-beduty and-properly given if -.
mailed postage prepaid,and addressed to:
To Town:-"c.-~,.:.--To Consultant:
Jo1m E.Curtis -Gary Kruger,Senior Associate
Director of Parks and Public Works TJKM Transportation Consultant
Town of Los Gatos 5960 Inglewood Drive
P.O.Box 949 Suite J00
Los Gatos,CA 95030 Pleasanton,CA 94588-8535
Phone:(408)399-5774 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 Consultant,in the performance ofthe work and
services agreed to be performed,shall act as and be an independent contractor and not an
agent or employee of 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,Consultant may perform some obligations under this Agreement by subcontracting,
but may not delegate ultimate responsibility for performance or assign or trap.sfer interests
under this Agreement.
Consultant agrees to testify in any litigation brought regarding the subject ofthe 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.
12.Conflict of Interest.Consultant understands that its professional responsibilities is solely to
Town.Consultant has arid shall not obtain any holding or interest within Town of Los Gatos.
Consultant has no business holdings or agreements with any individual member of Staff or
management of 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 Town in the subject ofthis Agreement,and
it shall immediately disassociate itself from such an interest should it discover it has done so
and shall,at 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 Town's sole discretion,sever any such
employment relationship.
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13.Equal Employment Opportunity.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.
-14:.--rnsurance~
A.M~~~~rn Scope of Insurance:
c
1.Consultant agrees to have and maintain,for the duration of the contract,
General Liability insurance policies insuring him/her and hislher 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.
11.Consultant agrees to have and maintain for the duration of the contract,an
Automobile Liability insurance policy ensuring himlher and hislher staffto an
amount not less than one million dollars ($1,000,000)combined single limit
per accident for bodily injury and property dama~e.
111.Consultant shall provide to Town all certificates of insuranqe,with original
endorsements effecting coverage.Consultant agrees that all certificates and
endorsements are to be received and approved by 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 oftheparticular scope of work under this agreement.
B.General Liability:
1.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 Consultant;products and completed operations of Consultant,premises
owned or used by Consultant.This requirement does not apply to the
professional liability insurance required forprofessiona1 errors and omissions.
11.Consultant's insurance coverage shall be primary insurance as respects Town,
its officers,officials,employees and volunteers.Any insurance or
self-insurances maintained by Town,its officers,officials,employees or
volunteers shall be excess of Consultant's insurance and shall not contribute
with it.
111.Any failure to comply with reporting provisions of the policies shall not affect
coverage provided to Town,its officers,officials,employees or volunteers.
IV.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,canceled,reduced in coverage or in
limits except after thirty (30)days'prior written notice by certified mail,return receipt
requested,has been given to Town.Current certification of such insurance shall be
kept on file at all times during the term of this agreement with Town Clerk.
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D;In addition to -these policies,-Consultantshallhave and maintain Workers'
Compensation insurance as required by California law and shall provide evidence of
such;J~~plic.y to Town before beginning services under this Agreement.Further,
ConsuJtant shall ensure that all subcontractors employed by Consultant provide the
required Workers'Compensation insurance for their respective employees.
15.Indemnification.Consultant shall save,keep and hold harmless indemnify and defend Town
its officers,agent,employees and·volunteers from all damages,liabilities,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 Consultant,or any of
Consultant's officers,employees,or agents or any sub-consultant.
16.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.
.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 or Municipal Court of the County of Santa Clara.
18.Termination of Agreement.Town and Consultant shall have the right to terminate this
agreement with or without cause by giving not less than fifteen (15)days written notice of
termination.In the event of termination,Consultant shall deliver to Town all plans,files,.
documents,reports,performed to date by Consultant.In the event of such termination,Town
shall pay Consultant an amount that bears the same ratio to the maximum contra~t price as
the work delivered to Town bears to completed services contemplated under this Agreement
pursuant to the noted Scope ofServices and 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 ofthis Agreement
is effective unless made in writing and signed by Town and Consultant.
20.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.<
21.Entire Agreement.This Agreement,including Exhibits A and B,constitutes the complete and
exclusive statement ofthe Agreement between 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.
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IN WITNESS WHEREOF,Town and Consultant have executed this Agreement as ofthe date
indicated on page .~~.(.l)~
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Town of Los Gatos
Debra J.. n Town Manager
Town of Los Gatos
John E.Curtis
Director of Parks and Public Works
ATTEST:
Glerk of Town of Los Gatos,
Los Gatos,California
Approved as to Form:
Orry P.Korb,Town Attorney
TJKM Transportation Consultants
'.
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EXHIBIT "A"
ON-CALL TRAFFIC CONSULTANT'S
SCOPE OF WORK
The traffic engineering professi(;mal consultant shall conduct independent evaluation-of
traffic issues and assist with ongoing projects.Wark and projects may include traffic
impact and parking analysis for.private developments,traffic calming studies,preparation
of construction traffic handling plan,design of traffic calming plans,traffic safety
analysis,traffic counts and analysis,traffic signal design and timing coordination,
engineering design related to bicycles,pedestrians,'street lighting,and parking,and other
aspects of traffic engineering.practices.
~Trnnspo....tlon Consultants
Rate Schedule
Principal
Principal Associate
Senior Associate
Associate
Senior Engineer
Engineer
Contracts Director
Assistant Engineer
Assistant Planner
Senior Designer
Graphics Designer
Designer
Technical Staff
Technical Staff II
Administrative Staff
Production Staff
Reimbursable Expenses
Plotting (per sheet)
Travel Cost (per mile)
$200/hour
190/hour
185/hour
l50/hour
13D/hour
l20/hour
l20/hour
lID/hour
80/hour
95/hour
95/hour
80/hour
75(/hour
3D/hour
75/hour
55/hour
$18.00
.45
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.
Effective August 1,2004
Rates subject to change
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