04 Staff Report - Traffic Engineering Consultant ServicesOw N Oar
ios ~A~oS COUNCIL AGENDA REPORT
DATE: MAY 13, 2008
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER
MEETING DATE: 612108
ITEM NO:
SUBJECT: PPW JOB NO. A08-004 - TRAFFIC ENGINEERING CONSULTANT
SERVICES
ADOPT RESOLUTION AUTHORIZING THE TOWN MANAGER TO
EXECUTE A PROFESSIONAL CONSULANT SERVICES AGREEMENT
WITH TJKM TRANSPORTATION CONSULTANTS FOR A TWO YEAR
PERIOD TO PERFORM TRAFFIC ENGINEERING CONSULTANT
SERVICES IN THE TOWN OF LOS GATOS ON AN ON-CALL BASIS
RECOMMENDATION:
Adopt resolution (Attachment 1) authorizing the Town Manager to execute a professional
consultant services agreement (Attachment 2) with TJKM Transportation Consultants for a two
year period 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 staff 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
ensure that staff is satisfied with the services provided and that Town residents receive quality
service.
PREPARED BY
KEVIN ROHANI
Interim Director of Parks and Public Works
NAENGINEERMACOUNCIL REPORTS1A08-004.traffic.engr.consultant.serv.agr.doc
Reviewed by: Assistant Town Manager ff/ Town Attorney
Clerk Administrator . Finance Community Development
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: PPW JOB NO. A08-004 - TRAFFIC ENGINEERING CONSULTANT
SERVICES
MAY 13, 2008
DISCUSSION:
The Town policy requires that every five years ongoing consultant contracts are evaluated to
ensure that the Town is receiving the best service from our contractors. Staff prepared a Request
for Proposals for Traffic Engineering services for private development projects and it was
advertised in newspapers per Town requirements.
In response to this Request for Proposal, the Town received five proposals from consultants.
Town staff from the Parks and Public Works 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 primarily for the traffic impact studies which are paid for by the private
developments and managed by Town staff. This firm is very familiar with the Town and its
traffic related issues, and staff is satisfied with their service and response.
CONCLUSION:
Staff recommends that Council adopt the attached Resolution authorizing the Town Manager to
execute a Professional Services Agreement with TJKM Transportation Consultants for a period
of two years.
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:
Resolution approving a Professional Services Agreement with TJKM Transportation
Consultants
2. Professional Services Agreement with TJKM Transportation Consultants (Exhibit A - Scope
of Work) and (Exhibit B - Scheduled of Charges)
RESOLUTION
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH
TJKM TRANSPORTATION CONSULTANTS
TO PERFORM TRAFFIC ENGINEERING CONSLTANT SERVICES
IN THE TOWN OF LOS GATOS 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 firm of TJKM Transportation
Consultants to provide traffic engineering consultant services for a period of two years; and
NOW, THEREFORE, IT IS RESOLVED that the Town Council of the Town
of Los Gatos hereby approves a Professional Services Agreement with the firm of TJKM
Transportation Consultants for a period of two 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 a Professional Services Agreement on behalf of the Council.
PASSED AND ADOPTED at a regular meeting of the Town Council of the
Town of Los Gatos held on the 2nd day of June, 2008, 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
AGREEMENT FOR TRAFFIC ENGINEERING CONSULTANT SERVCES
THIS AGREEMENT is entered into this day of , 2008,_ by
and between the Town of Los Gatos, State of California, herein called the "Town", and TJKM
Transportation Consultants, engaged in providing Traffic Engineering Consultant services
herein called the "Consultant".
RECITALS
A. The Town is considering undertaking activities to provide traffic engineering consultant
services for the Town of 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 pursuant to this Agreement.
AGREEMENTS
NOW, 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).
2. Time of Performance. The services of the Consultant are for a period of from July 1,
2008 to June 30, 2010. The Town will review the consultants performance at the end of
the contract period and will have the option of renewing the contract. Should the Town
not review 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.
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 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 Town of Los Gatos business license pursuant
to Chapter 14 of the Code of the Town of Los Gatos.
Page 1
ATTACHMENT 2
4. Sole Responsibility. Consultant shall be responsible for employing or engaging all
persons necessary to perform the services under this Agreement.
5. Information/Report 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.
6. 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 for Town review, even if only in partial or draft form.
Payment shall be net thirty (3 D) 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:
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Invoices:
Town of Los Gatos
Attn: Accounts Payable
P.O. Box 655
Los Gatos, CA 95031
Statements:
Town of Los Gatos
Attn: Finance Department
P.O. Box 655
Los Gatos, CA 95031
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 the Town at the
Consultant's offices during business hours upon written request of the Town.
Project _Manager. 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
Parks 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
3875 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
employce(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 under this Agreement.
Consultant agrees to testify in any litigation brought regarding the subject of the work to
be performed under this Agreement.
Page 3
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 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.
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. 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 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.
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, 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.
B. General Liability:
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.
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
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 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.
Page 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 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.
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. 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 maximum contract price as the work delivered to the Town bears 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.
24. 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), attached hereto,
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.
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IN WITNESS WHEREOF, the Town and Consultant have executed this Agreement as of
the date indicated on page one (1).
Town of Los Gatos, by:
TJKM Transportation Consultants
Greg Larson, Town Manager
(Name)
Recommended by:
Kevin Rohani
Interim Director of Parks and Public Works
Approved as to form:
Orry P. Korb, Town Attorney
Attest:
Town of Los Gatos, Los Gatos, California
Jackie Rose, Clerk Administrator
Page 7
TJKM
Transportation
Consultants
'14
Vision That MovesYaur Community
TJKM Scope of Work for Los Gatos On-Cal! 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 introduction
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. 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 anticipates 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 in to 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. Finally, the
proposed project shall be described, and an estimate of project trip generation will be made for
the additional peak hour and daily 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 project trips. Where operations fall below acceptable
levels of service, the consultant shall 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.
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 Los Gatos, the consultant shall 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 shall provide the Town staff with the updated Town's 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.
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;
• 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;
EXHIBIT A
TJKM
Transportation Vision That Moves Your Community
Consultants
TJKM
Transportation
Consultants
'114
Vision That Moves Your Community
Rate Schedule
Principal 190/hour
Principal Associate .............................................................................1751hour
Senior Associate .................................................................................1651hour
Associate .............................................................................................1401hour
Senior Modeler ...................................................................................I 15/hour
Senior Engineer ...................................................................................I I0/hour
Engineer 90/hour
Contracts Director ............................................................................140/hour
Assistant Engineer 85/hour
Assistant Planner 80/hour
Senior Designer 951hour
Graphics Designer 95/hour
Designer 70/hour
Technical Staff 601hour
Technical Staff II 301hour
Administrative Staff 65/hour
Production Staff 30/hour
Reimbursable Expenses
Plotting (per sheet) 18.00
Travel Cost (per mile) .53
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 January 1, 2008
Rates subject to change
EXHIBIT B
J:IJURISDICTIONULos GatosTroposals000814n-call Services (2008-2010)IRate Schedule 18PCVM.doc