1999-113-Enter Into An Agreement With Tjkm-Transportation Consultants For Traffic Engineering Consultant ServicesRESOLUTION 1999 -113
RESOLUTION OF TOWN COUNCII~OF TOWN OF LOS GATOS
AUTHORIZING 'TOWN ll~IANAGER TO ENTER INTO AN AGREEMENT
WITH TJI~IVI-TRANSPORTATION CONSULTANTS FOIL
TRAFFIC ENGINEERING CONSULTANT SERVICES
WHEREAS, Town Council desires to continue to utilize consultant services for Traffic
Engineering Services; and
WHEREAS9 due to the uniqueness and special expert knowledge, qualifications and
experience required to .provide the services noted, and the inability of Town to provide these
services due to a lack of professional staff, Town .chose the- firm of TJKM-Transportation
Consultants to provide Traffic Engineering 'Services.
RESOLVED, by Town Council that TOWN OF LOS GATOS enter into an agreement with
TJKM-Transportation Consultants to provide Traffic Engineering Services. This agreement is titled
Agreement for Traffic Engineering Consultant Services (Exhibit A).
FURTHER RESOLVED, by Town Council that TownManager is authorized and directed
to execute the attached agreement for Traffic Engineering Consultant Services in the name and in
behalf of TOWN OF LOS GATOS.
S:~PLN71999.15
PASSED AND ADOPTED at a regularmeeting of Town Council held on the 19t" day of
July, 1999 'by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Linda Lubeck,. Joe Pirzynski,
Mayor Jan I-Iutchins.
NAG'S: Done
ABSENT: None
ABSTAIN: :None
SIGNED:
MA LOS ATOS
LOS ATOS, CALIFORNIA
ATTES`T':
~.~~~~ ~
CLIaRI~ OF TOV~IN OF LOS GA S
LOS GATOS, CALIFORNIA
s:\PL~171999. fl 5
r r ~ i.~6
AGREEMENT FOR TRAFFIC ENGINEERING CONSULTANT SERVICES
THIS AGREEMENT is entered into this day of ,19_, by and
between Town of Los Gatos, State of California, herein called "Town", and TJKM
TRANSPORTATION CONSULTANTS,. engaged in providing TRAFFIC ENGINEERING
consulting service$ herein called "Consultant".
RECITALS
A. Town is considering undertaking activities to PROVIDE TRAFFIC ENGINEERING
SERVICES FOR TOWN OF .LOS GATOSo
B. Town desires to engage a TRAFFIC ENGINEERING Consultant to provide consulting
services to REVIEW, .ANALYZE, AND COMMENT ON DEVEd~OPMENT
PROJECTS; PREPARE TRAFFIC ANALYSES ANl) REPORTS; AND STAFF
PUBLIC 1VIEETINGS because of Consultant'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
pursuant to this Agreement,
AGREEMENTS.
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
Revised: July 14,1999 Page 1 of 9
N:\DEV~ERW IN~TJKM-COIJ.99
EIINIBIT A
1. ...Scope of .Services. Consultant shall provide the services listed in the Consultant's Scope
of Work, attached hereto as Exhibit "A" and by this .reference incorporated herein, and the
services listed below.
Administrative Duties
I. When needed by Town, attend Town Council, Planning Commission, and special
study session meetings related to traffic .issues and project applications with traffic
considerations .(maximum of 5 meetings per month).
II. When need ed by Town, conduct investigations, operational studies, and prepare
reports regarding requests for traffic control device installations and modifications;
such as, traffic- signals, stop signs, parking regulations, speed zones,
channelization, crosswalks, pedestrian and bicycle facilities.
III. As requested by Town, provide copies of draft and final draft work products of
all reports and studies prepared for Town. Consultant shall provide electronic file
copies of these documents in a WordPerfect 6.0 or approved °word processing
software format via a 3 '/a inch floppy .disk medium on an as needed basis .
IV. On a continuous basis, provide a dedicated telephone number with voice mail
messaging and pager service, exclusively for the purpose of Town contacting
Consultant's designated representative. Consultant shall ensure that the designated
representative shall return all telephone calls within a 24 hour period.
V. When needed by 'Town, attend staff level meetings with Town staff, public
officials, community leaders, developers, contractors and the general public
(maximum of 4 meetings ,per month)..
VI. When needed by Town, develop recommendations for .corrective measures at
locations experiencing accident rates :higher than would normally be anticipated..
VII. When needed by Town, assessthe potential traffic impactsassociated with proposed
development and redevelopment projects. 'This shall .include identifying mitigation
measures and .recommending traffic-related requirements and conditions of
approval.
VIII. When needed by Town, prepare grant .applications to .obtain .funds from Federal,
State, and Regional agencies for. traffic-related safety studies and improvements..
IX. When needed by 'Town, advise, support and assist Towti departments,
committees, commissions, and Town Council. In addition, act as a liaison
between Town and Federal, State, and Regional transportation agencies.
X. When needed by Town, assist in the preparation of traffic-related portions of
Town°s operational and capital improvement budgets.
XI. When .needed by Town, assist in the establishment and subsequent modification
of Town's traffic-related ordinances and development fees and in the assessment
of fees :for capital improvements and .maintenance.
XII. When needed by Town, supervise the accounting of State Highway User Funds
:and ensure compliance with State requirements for the expenditure of such funds.
Revised: July l4, i999 Page 2 of 9
N:\DEV\ER W IN\TJKM-QON:99
XIII. When needed by Town, prepare .plans, specifications and estimates and provide
contract administration and construction observation for traffic safety projects
including geometric and channelization improvements, traffic signal installations
and modifications, street and safety lighting installations .and modifications, and
traffic signing, striping and pavement marking improvements.
XIV. When needed by Town, .coordinate Town's Traffic Calming Programs.
Other miscellaneous services
XV. Town may occasionally have the need for other services not specifically .listed in
this document for which consultant has the necessary experience and capabilities
to provide. Town or Redevelopment Agency may authorize consultant to
perform such selected services on an as-needed basis.
2. Time of Performance. The services of Consultant are for a fixed one year :period that will
commence upon the execution of the contract. Town retains the option with the mutual
consent of Town Manager and Consultant to renew the contract for a maximum of three
optional years. .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, Compliance withLaws. Consultant shall complywith 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 Responsibilitx. Consultantshall 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 Town and all
reports and supportive data prepared by Consultant under this Agreement are Town's
property and shall be delivered to Town upon the completion of Consultant's services or at
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 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 Consultant or Town without the written consent of Town before such release. Town
F
Revised: July 14, 1999 Page 3 of 9
N:\DEVCERW IN~TJ KM-CON.99
acknowledges that the reports to be prepared by Consultant pursuantto this Agreement are
.for the purpose of evaluating a defined project, and Town°s use of the information 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 services shall be based upon
Town approval of each task as noted in the Scope of Services. Compensation :for each task
shall not exceed the amount per task noted in Consultant's Schedule of Charges (attached
.hereto as Exhibit "B" and incorporated by reference herein).
Billing shall be•accompaned 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 # ,and if applicable, the appropriate project.address and Town Application
Number (e.g. 11.2 E. Main St.-DEV-99-0001 /PRJ-99-:001). 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 949
L,os Gatos, CA 95030
Statements: Town of I,os Gatos
Attn: Sandy Ortiz
P.O. Box 949
L,os 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.
:Revised: July 14> t999 Page 4 of 9
N:\I)EV\ERW IN\TJKM-CON.99
t'
8. Project Manager. The Project Manager for Consultant for the work under this Agreement
shall be Gary Kruger or Gordon Lum.
9. Assn n~v 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 be duly and properly given if
mailed postage prepaid, and addressed to:
To Town: .Paul L. Curtis
Director of Community .Development
Town of Los Gatos
110 E. Main .Street
Los Gatos, CA 95032
Pax: (408) 354-7593
Phone: (408) 354-6874
To Consultant: Gary Kruger/Gordon Lum
TJK1V1 Transportation Consultants
4234 Hacienda Drive, Suite 101
Pleasanton, CA 94588-2721
Fax: (925)463-3690
Phone: (925) 463-0611
E-mail: tjkm@tjkm.com
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 of the 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). ilVith prior
written consent, 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.
Revised: July 14,1999 Page 5 of9
N:~DEV~ERW [MTJKM-CON.99
Consultant agrees to testify in any litigation brought regarding the subj ect of the work to be
performed under this Agreement. Consultant shall be compensatedfor 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 and hall 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 of this
.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.
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.
Revised; .July 14,1999 Page 6 of 9
N:\DEy~ERW IN~TJKM-CON.99
iii. Consultant shall provide to Town all certificates of insurance,-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 of the particular scope of work under this agreement.
13. Creneral Liability:
i. 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 for professional errors and
omissions.
ii. 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.
iii. 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.
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 Town before beginning services under this Agreement. Further,
Revised: July 14,1999 Page 7 of 9
N'.\DEV~ERW IN~TJKM-CON.99
Consultant. shall ensure that'all subcontractors employed by Consultant provide the
required Workers' Compensation insurance for their respective employees.
1.5. :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 maybe occasioned by a willful or negligent act or omissions of Consultant, or any
of 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 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. Iri 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 Town bears to completed services. contemplated under this
Agreement pursuant to the noted Scope of Services and Exhibit A hereto, unless such
termination is made forcause, 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 affective 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 &)3, constitutes the complete and
exclusive statement of the 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.
Revised: July 14,1999 Page 8 of 9
N:\DEV\ERW IIJ\TJKM-CON.99
IN WITNESS WHEREOF, Town and Consultant have executed this Agreement as of the
date indicated on page one (I ).
Town of Los Gatos
Consultant:
David W. Knapp, Town 1Vlanager Print Name
Town of Los Gatos.
Title
ATTEST:
Clerk of Town of Los Gatos,
Los Gatos, California
Marian V. Cosgrove, Town Clerk
Approved as to Form:
Orry P. Korb, Town Attorney
Revised; July i4, 1999 Page 9 of 9
N:\DEV~ERW IN\TJKM-CON.99
E~IBIT A
Consultant's Scope of Work
TRAFFIC ENGINEERING SERVICES
Traffc Analysis & .Report Preparation: For each public or private development project reviewed
by Planning Department that requires the .preparation of a traffic study,. Town .shall develop a
project specific scope of work in conjunction with TJKM. This scope Of work shall include widely
accepted traffic .analysis and safety criteria; a clear concise methodology; all applicable Federal,
.State, and local traffic and safety standards; provisions for various types of traffic- warrants;
provisions for necessary :traffic counts; provisions for computer modeling; provisions for the
preparation Of necessary reports; and provision for attendance and staffing of public meetings.
TJKM shall provide Town a detailed cost estimate based on the scope of work with a maximum
"not-to-exceed .cost" amount. With the mutual consent of TJKM and Town, an Authorization to
.Proceed Getter for the preparation of the Traffic Study for the amount specified will be signed by
Town and TJKIVI. Upon completion of the tasks noted in each scope of work, TJKM shall be
reimbursed On a time and materials basis, not to .exceed the total amount specified in the project
scope of work,
Traffic Calming Program: When directed by Town, TJKM may be .asked to coordinate Town's
neighborhood Traffic Calming Program. This may involve responding to residents concerns, field
investigations, monitoring, research and analysis; and formulating design and policy
recommendations to Town for specific traffic improvements. Work undertaken by TJKM for this
program shall be reimbursed on a time and materials basis using TJKM's current hourly rate
schedule and charges (Exhibit B) approved by `Town.
Turn Around .Schedules: An Administrative Draft Traffic Analysis will generally be
completed/returned to Town of Los Gatos within approximately thirty (30}working days from the
date that the Authorization to .Proceed Letter is signed by both TJKM and Town. Upon
authorization by Town, TJKM will revise the draft document and prepare a:Final Draft. TJKM will
deliver the Final Draft and 25 sets of copies (unbound & three-hole punched)- t0 Planning
Department within five {5) working days of the authorization to proceed with the Final Draft. Other
turn-around schedules will be accommodated at the request of Town of Los Gatos for a
.predetermined fee amount. Larger, unusually complex traffic analyses may require up to asixty (60)
day turn-around to prepare an administrative draft traffic analysis.
Technical Support: Upon mutual agreement of Town of Los Gatos and TJKM, TJKM staff will
attend pre-construction or pre-design meetings, .field visits upon request, provide support for field
inspection personnel, and assist with public inquires On an as-needed basis. These tasks shall be
reimbursed On a time and materials basis using TJKM's current hourly rate schedule and charges
:(Exhibit B) approved by -Town. .
N;\DEV~ERWIN~TJKM-CON.X-A 1 Of 2
E~iIBIT A
TRAFFIC ENGINEER
Duties TJKM will provide a staff member (Gary Kruger) with the qualifications to serve as, and
perform the duties of Traffic Engineer for Town of Los Gatos on an "on-call" as-needed basis for
a :predetermined fee. Upon the request of Town of Los Gatos, this may .include attendance at public
meetings, preparation of reports, special studies, or other .documents on an as-needed basis. These
tasks. shall be reimbursed on a time and materials basis using TJKNI's current hourly rate chedule
and charges (Exhibit B) approved by Town.
Sta, fling Town Meetings: When directed by Town, TJKM staff {Gary Kruger/Gordon Lum) will
:attend staff level meetings with Town staff, public officials, community leaders, developers,.
contractors and the general public on an as-needed basis (maximum of 4 additional meetings per
month). These tasks shall be reimbursed on atime and materials basis using TJKM's current hourly
rate schedule and charges (Exhibit B) approved by Town.
CONGESTION MANAGEMENT PROGRAM
On an as-needed basis, TJKM will assist Town in preparing its monitoring reports for Santa Clara
County's Congestion Management Program. These task may include, but are not limited to:
conducting traffic counts, computer modeling, preparation of data sheets/reports, and consultation
with Santa Clara Valley Transportation Agency staff. These tasks shall be reimbursed ona time and
materials basis using. TJKM's current hourly rate schedule and charges (Exhibit B) approved by
Town,
OTHER MISCELLANEOUS DUTIES
On occasion, Town may need for special tasks to be completed that are not expressly noted in the
.Scope of Services for which TJKM is qualified to undertake. With the mutual consent of TJKM and
Town, TJKM will perform these tasks and be .compensated on a time .and materials basis using
TJKM's current hourly- rate schedule and charges (Exhibit B) approved by Town:
2 of 2
EXIiIBI'I' B
Consultant9s Schedule of Charges
° Unless other arrangements have been made, charges to all projects including those continuing from
previous Schedule of Charges will be based on the latest Schedule of Charges approved by the
Town.
PERSONNEL CPIARGES
Personnel Description ~ Hourly Billing Rate
Principal $160.00
Principal Associate (Gary Kruger) $140.00
Senior Associate $130:00
Associate (Gordon Lum) .$115.00
Senior Transportation Engineer $100:00
Transportation Engineer $90.00
Contracts Director $90.00
Assistant Traffic Engineer $T5.00
Technical Staff $65.00
Graphics Designer $65.00
Technician I $65.00
Designer ~ $65..00
Administrative Supervisor $60.00
Technician $35.00
Production Staff $35.00
REIMBURSABLE EXPENSES
TJKM will provide back up documentation {e.g. receipts, invoices, logs, eta.) for any invoiced
miscellaneous charges° The following charges are in addition to personnel charges:
Charge/Service Cost
Travel Cost . $.31 /mile
Facsimile $1.00 /page
Plotting $5.00./ page
Charges for Special Pre-approved Outside Services: Cost plus 10%
N:\DEV\ERWIN\TJKM-CON.X-B I Of I
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