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HomeMy Public PortalAbout10) 7E First Amendment to Kimley Horn and Associates Inc for Traffic Impact Analysis Las TunasAGENDA ITEM 7.E. COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM DATE: April21,2015 TO: The Honorable City Council FROM: Bryan Cook, City Manager By : Michael D. Forbes , Community Development Director ~ Ali Cayir, PE City Engineer SUBJECT: APPROVAL OF THE FIRST AMENDMENT TO THE CONSULTANT SERVICES AGREEMENT WITH KIM LEY -HORN AND ASSOCIATES, INC . FOR THE TRAFFIC IMPACT ANALYSIS FOR THE LAS TUNAS DRIVE SAFETY ENHANCEMENT AND BEAUTIFICATION PROJECT RECOMMENDATION: The City Council is requested to approve the first amendment to the Consultant Services Agreemen t with Kimley-Horn and Associates , Inc. in th e amount of $20 ,000 for the Traffic Impact Analysis (TIA) for the Las Tunas Drive Safety Enhancement and Beautification Project, CIP No. P13-04 (Project). BACKGROUND: 1. On June 19 , 2012 , the City Council approved the Fiscal Year (FY) 2012-13 City Budg et , which in cl ud ed an appropriation to develop a con ce ptual desig n for the Project. The intent of the Project was to transform Las Tunas Drive from an auto- oriented thoroughfare into a downtown destination. 2. On October 23, 2012 , the City Council entered into a Consultant Services Agreement with Freedman , Tung and Sasaki (F TS) to develop conceptual plans for the Project. 3 . On December 27, 2012 , FTS presented three design concepts to th e City Council. The City Council selected Option 3 as the "Preferred Alternative ." 4 . On March 28, 2014 , the Las Tunas Ad Hoc Committee directed staff to retain a traffic consultant to prepare a detailed TIA to analyze all three options . Th is was pursuant to a recommendation from FTS , which as part of the concept City Council April 21 , 2015 Page 2 of 3 development had prepared a brief traffic review and recommended that a detailed TIA be prepared in compliance with the California Environmental Quality Act. 5. On May 6 , 2014, the City Council approved a Consultant Services Agreement with Kimley-Horn and Associates , Inc. for $42 ,551 to prepare a detailed TIA analyzing all three options (Attachment "A "). 6 . On December 5 , 2014 , the TIA was presented to the Las Tunas Downtown Revitalization Standing Committee . 7 . On January 16, 2015 , a meeting was held with the Las Tunas Downtown Revitalization Standing Committee to further review the TIA and the Project. The Stand i ng Committee recommended that the TIA be presented to the full City Council for its consideration . 8 . On February 4 , 2015 , t he TIA was presented to the City Council. The City Council directed staff to further refine the design of the Project and develop a more cost- effective hybrid concept of various options including two westbound travel lanes and one eastbound travel lane, one center median/turning lane , bike lanes , parallel parking on both sides of the street, and various pedestrian enhancements . The City Council directed staff to conduct additional analysis as necessary and present an updated design for further cons ideration by the City Council and public . ANALYSIS: Throughout the process of developing the TIA and presenting results to the Las Tunas Downtown Revitalization Standing Committee , the original scope of the TIA expanded to include attendance at additional meetings ; analysis of additional intersections , roadway segments , and surrounding street systems ; travel time studies ; traffic counts ; and traffic s imulation for street conditions before and after th e Project. Further, based upon City Council direction on February 4 , 2015 , additional traffic study work and meeting attendance will be required . The expanded tasks and anticipated additional tasks total $20 ,000 in add itional costs beyond the original contract. CONCLUSION: Staff recommends that th e City Council approve the first amendment to the Consultant Services Agreement with Kimley-Horn and Associates , Inc. to expand the original scope of work to include additiona l traffic study tasks and to increase the contract amount by $20 ,000 to a total of $62 ,551 (Attachm e nt "B"). Th is action furthers the Strategic Plan goals of Public Health and Safety, Qual ity of Life, Sustainable Infrastructure , and Economic Development. City Council April 21 , 2015 Page 3 of 3 FISCAL IMPACT: Funds for the TIA and other work related to the Project are allocated in the Fiscal Year 2014-15 City Budget und er C IP No . P13 -04 Redesign and Construction of Las Tunas Drive . Adequate funds are available in the CIP budget to cover the increased contract amount. No budget amendment is being requested , and in creasing the contract amount as recommended wou ld not exceed the budget authority. ATTACHMENTS: A. Consultant Services Agreement with Kimley-Horn and Asso ciates , Inc . B . First Amendment to Consultant Services Agreement ATTACHMENT A CONSULTANT SERVICES AGREEMENT [FOR ARCIDTECTURAL, LANDSCAPE ARCIDTECTURAL, ENGINEERING, ENVIRONMENTAL, LAND SURVEYING, AND CONSTRUCTION PRO.JECT MANAGEMENT SERVICES] By and Between THE CITY OF TEMPLE CITY, a municipal corporation and KIMLEY-HORN AND ASSOCIATES, INC. RIY #4822-7830-4520 vi -l - AGREE MENT FOR CONSULTANT SE RVICES BE TWEEN THE CITY O F TEMPLE CITY, CALIFORNIA AND IGMLE Y-HORN AND AS O C IATES, INC. This Agree me nt fo r Co nsu lta nt Servi ces ("Agreement") is e ntered into as of this __ day of __ , 2010 by and between t he C ity of TEMPLE ClTY, a mu nic ip a l corporation ("City") and KIMLEY-HORN AND ASSOCIATES, INC., a ("Consulta nt"). C ity an d Co nsult ant are so m et imes h erei nafte r indi v idu a ll y re ferre d to as "Party" an d he rei nafte r co ll ecti ve ly refe rred to as th e "Pa rties." RECITALS A. City has sought, by Req uest for Prop osals, the performance of the traffic engineer ing serv ices de fi ned and descri bed part icu larly in Sectio n 2 of this Agreeme nt. B. Cons ult ant, fo llowing s ub m iss io n of a proposa l for the perfo rm ance of t he serv ices defined and desc rib ed particu larl y in Section 2 o f thi s Agreem e nt, was se lected by th e City to pe rform tho se serv ices. C. Con sultant was selected by th e C ity on the ba s is of Cons ult ant's demo n strate d co mpetence and the p rofess iona l qualifi cations necessary for t he satisfact ory p erformance of the services req uired . D . Pur suant to the City of Te mp le Ci ty's Munic ipa l Code, City h as authority to en ter int o t hi s Consul ta nt Services Agreeme nt and th e City Manager h as authority to execu te th is Agreement. E . T h e Pa rti es des ire to form a lize th e se lec ti on o f Co nsu ltant for per fomllll1ce of th ose services de fined a nd describ ed parti c u la rl y in Sec ti on 2 o f thi s Agree me nt and d esire tha t th e t erms of t ha t performance be as pa rti cu la r ly defmed and described h ere in. OPERATIVE PROVISIONS OW, THEREFORE, in co n sidera ti on of the mutual prom ises and covenants made by the Parti es and co nt ained here and o th er consideratio n, th e value and adeq uacy of which are hereby ackn owledged, th e parties agree as fo llows: SECTION 1. TERM OF AGREE MEN T . Su bj ect to the p rovision s of Secti on 20 "Term inatio n of Agreement" of t h is Agreem ent, the scope of se rv ices set f01th in Exhi bit "A" ·'Scope of Serv ices" sha ll be completed pursuant t o the schedule spec ifi ed in Exhibit "A." Shoul d th e scope of serv ice s n ot be com pl ete d p urs uant to that schedu le . the Co nsu ltant s h a ll be deemed to be in Defau lt of thi s Agreement pursuant to Section 21 of this Agreement. The C ity , in its sole discret ion, may choose not t o enforce the Rl V 114822·7830-4520 vl -I - D efau lt pro vi s io n s of thi s Agreeme nt a nd m ay ins tead allow Co ns ultant to conti n ue performing the scope of serv ices unt il such services a re complete. SECTION2. SCOPE OF SERVICES. Consultant agrees to perform the se rv ices set f orth in Exh ibit "A'' "Scope of Serv ices," whi ch is incorporated he rein by thi s refere nce, in accordance with th e t e rm s and co nditio n s of thi s Agreement. SECTION3. ADDITIONAL SER VI CES. Co n s u lta nt s ha ll not be compens ated for any s e rv ices rend ered in co nnectio n with its performa nce of thi s Ag reement w hi ch a re in additio n to o r outs id e o f th ose s e t f011b in th is Agreement o r li sted in Exhib it "A " "Sco pe of Services," unl ess s uch addition a l services are a uth o ri zed in a d vance and in writing by th e City Coun ci l o r C ity Manager of C ity . Cons ul tant s ha ll be com pensat ed fo r an y s uc h additional serv ices in the amo un ts an d in the man ner agreed to by the C ity Counci l or C ity Manager. SECTJO)l 4 . COMPENSATION AND METIIOD OF PAYMEJ'\T. (a) S ubject to any limita ti o ns set forth in thi s Agreem ent, C ity agrees to pay C o ns ult an t th e amounts s p ec ifi e d in Exhibit "B" "Compe nsation," which is incorpo rated here in by th is refere nce. T he to ta l compensa ti on , inc lud in g rei mbursement for actual expen ses, s hal l not exceed Forty-Two Tho usand Five-Hun dred Fifty-One do ll a rs ($42,551.00), unless add it io nal compensati on is approved in writing by the C it y Counc il o r C ity Manager. (b) Each m o nth Consultant s hall furni s h t o C ity an origin a l in voice for a ll work p erformed a nd exp e nses incu rred durin g the preced ing m onth. T he invoice s ha ll de tai l c harges by th e fo ll owing ca tegories : la bor (by s ub-category), trav e l, materia ls, equ ip ment, supplies, an d s ub-consul ta nt co ntracts. ub-cons ultant ch arges s h a ll be detailed by t he fo ll owing categori es: labor, travel, ma t eri al s, equ ipm e nt and s upp li es. I f th e compensat io n set fo rth in s ubsecti on (a) and Ex hibit "B" inc lu d e payment o f labo r on an h ourl y bas is (as opposed to labor and materia ls be in g pa id as a lu mp s um ), th e labor cat egory in each invo ice s ha ll in c lude detai led descripti o ns o f task perfonned an d the amo unt of lime incurred fo r o r a ll ocated to that t ask. City shall in dependently re vie w each in voice s ubm itt ed by th e Consult ant to determine w he ther the work perfatme d a nd expe nses incurred ar e in compliance w ith the prov is io ns of th is A greeme nt . Jn the event t ha t no cha rges or expen ses are di sput ed , th e invoice s h all be approved and pa id according to the term s set forth in subsecti o n (c). In the event any charges o r ex penses a re d isputed by C ity , th e o r ig inal invo ice s hall be retu rn ed by C ity to Cons u ltant fo r correction and res ubmiss io n . (c) Excep t as to a ny charges for wor k perform ed or ex penses inc urre d by Consultant which are di s pu te d by City, City will use its best efforts to ca use Co nsulta nt to be p a id with in forty-fi ve (45) days of rece ipt of Cons u ltan t's correct and undi s puted in vo ice. (d) Payment to Co n sulta n t for work perfom1ed pursuant to this Agreeme nt shall not be deemed to waive a ny defects in work performed by Consul tan t. RJ V #4822-7830-4520 vl -2 - SEC TION 5. INSPECTION AN D FINAL ACCEPTANCE. C ity may in spect and accept or reject a ny of Consul ta nt's work unde r thi s Agreement, e ith e r du rin g perfo rma nce o r when complete d. C ity sha ll reject or finally accep t Consu ltant's work with in s ixty (60) days after s ub m itted to City. City s ha ll reject work by a t ime ly w r itten explanat ion, otherw ise Consultant 's wo rk s hall be deem ed to have been accep ted. City's acceptance s ha ll be concl us ive as to s uc h work except w ith respect to latent defects, f ra ud and s uc h gross mi stakes as a mount t o fraud . Acceptance of a ny of Consu lt ant's work by City s ha ll not co ns tit ute a waive r of any of the provis ions or th is Agreem ent inc ludi ng, bu t not lim ited to, secti ons 16 and I 7, pettaining to indemni fi cation and ins ura n ce, respectively. SECTION 6. OWNE R SHIP OJ:l' DOCUMENT S . A l l orig in al m aps, models, designs, d rawin gs, photographs, stud ies, su rveys, reports, data, n otes, computer fi les, fil es a nd o th er docum en ts p repa red , d eveloped or di scovere d by Consu ltant in the course of prov idi ng any serv ices p urs uan t to t hi s Agreeme nt sha ll become the sole property of C ity and m ay be used , reused or other w ise d isposed o f by C ity w ith out th e p ermi ssion o f the Consul tant. Upon completion, expi rati o n o r tennination of thi s Agreement, Consu ltan t shall turn over t o C ity a ll s u ch orig ina l m aps, models, designs, drawin gs, p hotographs, s tu d ies, surveys, repo rt s, data, no t es, compu ter fi les , fil es and other documents. If and t o th e ext ent t hat C ity utili zes fo r a ny purpose no t related to th is Agreement any m aps , mode ls, des ig ns, d rawings, photograph s, stud ies, s u rveys, repo rts , data, notes, computer ti les, fil e s or o the r documen ts p repared, developed or d iscovered by Consultant in the co urse of provi ding any serv ic es purs uant to t his Ag[eemen t, Cons ul ta nt 's guarantees and warrants [elated to Standard of P er for mance and fo un d in Section 9 of thi s Agreem ent shall no t e:>..'tend to such us e of the maps, mo dels, des igns, d rawin gs, pho tographs, s tu dies, surveys, rep orts, data, notes, computer files, fil es or other docu ments. SECTION 7. C ON SULT ANT'S BOOKS AND REC ORDS . (a) Con s u ltan t s ha ll mai n ta in an y and a ll docu m en ts and records dem onstrating or relat ing to Consultant's petformance of services p u rsu ant to th is Agreement. Consu ltant s hall m a intain a ny a nd a ll ledgers, books o f account, in voices, v ouche rs, canceled c hecks, or other d ocumen ts or record s ev idencing or re lati ng to work, se rv ices, expenditures and disbursements c harged to C ity p urs uan t to thi s Agreem ent. Any a nd a ll s uch documents o r records shall be mainta ined in accord ance with generally accepted acco un ting p rincip les a nd shall be s ufficien tl y co mplet e a nd d etail ed so as t o pem1i t a n accurate evalu ati o n of the services prov ided by Consu lta n t pursuant to th is Agreeme nt. Any and all such documents or records shall be ma int ained fo r three years fr o m the d ate of execution of thi s Agreement a nd to the extent required by laws relating to a ud its of publi c age ncies and th e ir expenditur es. (b) Any a nd a ll records or doc um e nts req u ired to be maintained purs uan t to th is secti on s ha ll be m ad e availab le fo r in spection, aud it and copying, at any t ime during regular bu s in ess ho urs, up on request by C ity o r its des ignated representative. Copies of such docu me nts o r records sha ll b e prov ided directly to th e City fo r inspection, audit a nd copying w hen it is practical to do so; o the tw ise, unl ess an a lt e rn ati ve is mutuall y agreed upon , such documents and RJV 114821·7830·4520 v l -3 - re cord s s h a ll be m ad e a vai la b le at Co ns ul tan t's address indi cated fo r rece ip t o f n o ti ces in th j s A greeme n L (c) W he re C ity has reason to bel ie ve that any of th e d ocum e n ts or rec o rd s re q u ire d to be m a in ta ined purs uant to th is sect ion m ay b e lost or di scarded due t o di sso lutio n o r te rm inati o n o f Cons u lta nr 's bus ine ss, C ity m ay, by wr itten requ est, req uire th at c us t ody of suc h d ocume n ts o r records be g iven to the C ity and that s uc h d ocum e n ts and record s be m a inta in ed by t he req uestin g party. Access t o s uc h documents a nd records s h all be g ranted to C ity, as well as to its s uccessors -in-in te rest and au t ho ri zed representatives. SECTIO N 8. STATUS OF CON SUL T ANT . (a) C on s ulta n t is and s ha ll at a ll t im es rem a in a w h o ll y in depend e nt contracto r and n o t a n o m cer, emp loyee or agent o f City. C o ns ul tant s ha ll have n o auth o rity to bin d C ity in a ny m an ner, no r to in c ur a ny o bl igat ion, d ebt or l ia b ility of any kind o n beh al f o f o r against C ity , w hethe r by con t rac t o r otherw ise. u nless s uch a uthority is e xp ressly conferred u nd er t h is Agreemen t o r is o th erw ise expressly conferre d in w ri ting by C ity. (b) The personnel p erformin g th e se rvices und er th is A g reement o n be ha lf of Cons ul ta nt sha ll at a ll t imes be under Consu ltan t's exclu sive direction a nd cont ro l. . e ither C ity, n or any e lected or a ppo inted bo ards, office rs, o ffi cial s, employe e s or agen ts of C ity, s ha l l have c o ntro l o ver th e conduc t of Cons u lta nt o r any o f Cons u lt ant's offi c ers, e mpl oyees, o r agents e xcept as set fo rth in th is Agreeme nt. Cons u ltant s h a ll n ot a t a ny tim e o r in an y ma n ne r represent tha t Consu ltant o r any of Cons u lta nt's offi cers, employees, or agen ts a re in an y m anner o ffi c ia ls, o ffi cers, employees or agents of City. (c) Neithe r Co ns ultan t , no r a ny o f Consu ltant's o ffi cers, e mp loyees or agents . shall o btai n a ny r ights to re tirem e nt, hea lth care o r a ny othe r bene fits w hi c h may o th e rw ise accrue to C ity's e mp loyees . Consul ta nt ex press ly waives any c la im C o ns ult a n t may h av e to any s u c h r ights. SECTION 9. STAN DARD OF P E RFORMANCE. Consul tant represents a nd warra nt s th at it has the qu a lific atio ns, exp er ie nce and Fac il it ies necessary to pro pe rl y perform th e serv ices requi red un de r thi s Agreement in a tho ro ug h , comp etent a nd p rofe ssio na l m a nn e r. Cons u ltant shall at a ll ti mes f a ithf u lly, com p e te nt ly a nd to the best of i ts a bility, experience and ta le nt , perform all serv ices described h ere in. In meeting its ob ligati o n s under th is Agreemen t, Co ns u ltant sh al l e mploy, at a m inim um, gene rall y accepted standa rds an d practices uti lized by p er son s en gaged in pro vid ing serv ic es s imi lar to th ose require d of Cons ult a nt un der thi s Ag reeme nt. In addi ti o n t o th e ge ne ra l standa rd s o f performanc e set forth th is ccti o n 9 , a ddit io n a l sp ec ifi c s tan da rds of p er fo rm ance a nd perform a n ce crite ri a are set fo rth in the Scop e of W o rk th at s h all al so b e a pp li c a b le to Cons ul tan ts w o rk unde r th is Contract. Wh e re the re is a c onflict between a ge nera l a nd a s p ec ifi c stand ard o f pe r fo rm a nce or per fo n nance c riteria, t he s pecific s tand a rd o r cr it e ri a s h a ll preva il over the genera l. If and to the extent that City uti l izes for a ny purp ose n ot rela ted to thi s Agreement any m a ps, m o d e ls, desi g ns, drawi n gs, p ho tographs, studies, s urveys, repons, d ata, n o t es, com p ute r RIV #4822-7830-45 20 v 1 -4- fil es, fi le s o r o ther docum ents p re pared, dev e lo pe d or d iscovered by Cons ul tant in th e course o f providing a ny s ervices purs ua nt to t hi s Agreem ent, Co ns ul tan t 's guara n tees a nd warra nt ies re lat ed to S tanda rd of P erfo rmance s hall no t ex te nd to s uch usc of t he m ap s, mo d els, d es igns, drawings, photograph s, studies, s urveys, repo1ts, data, no tes, com p uter fi les, fi les or othe r d oc um e nts. SECTION 10 . COMPLIANCE WITH APPLICABLE LAWS ; PERMITS AND LICENSES. Consu ltant s ha ll keep it self informe d of and co mpl y wi t h a ll applica bl e fe de ra l, state a nd local la w s, statutes , c od es, o rdin ances, regul ation s a nd rul es in effect d ur in g t he te rm of this A greeme nt. Cons ulta nt s hall obta in a ny and a ll li cen ses, pennits a nd au thori zations necessary to p erfo nn th e services s et fo rth in thi s A greem e nt. e ith er C ity, no r any e lected or appointed board s, o ffi cers, o fficials, empl oyees o r agen ts of C ity, shall be l iable, at law o r in eq uity, as a result o f any fai lure of C ons u ltan t to co mpl y with t hi s secti on . SECTION 11. PREVAILING WAGE LAWS It is the und ers ta nd ing of C ity a nd Cons ul tant that Califo rni a prevail ing w age laws do not app ly to t hi s A greem e nt because the Agree me nt d ocs no t in v o lve a ny o f th e fo l lo w ing services s ubje ct t o pre vailing wa ge r ates purs uant to t he Cali f o rni a Labor Code or reg11l ations promulgated th ere und e r: Con stru cti on , a lterati o n, d emo liti on, in stallat ion, o r repair work pe rform ed o n pub li c bui ldin gs, fa c i lities, s tr eets o r sewe rs d o ne und e r co n t ract a n d p a id for in w ho le o r in part out of publi c fund s . In th is context, "cons tru ctio n" inc lu des work performed during the d es ign a od pc_econst r uct io n phases of const ructi o n inclu ding, but no t limit ed to, ins pecti on and land surveyi ng work. SECTION 12. NONDISCRIM INATION. Consult ant s ha ll not di scrimin ate , in a ny way, aga in s t any pe rson o n the bas is of rac e, c olor , re li giou s cre ed, n a tion a l orig in , ances try , sex, age, physical handicap , medical co ndi t ion or m ar it a l sta tu s in co n nect io n w ith o r re lated to th e pe rformance of th is Agreem ent . SECTION 13. UNAUTHORIZED ALIENS. C on s ultant he reby p ro m ises a nd agrees to comply w ith a ll o f t he p rovisions o f the Federa l Im mi grati o n and a ti o nal ity Act, 8 U.S.C.A. §§ 11 0 1, et ~.,as amended , a nd in conn ection th erewith , s ha ll not emplo y una uth ori zed a li ens a s de fined therein . Sho uld Cons ul tant so e m ploy s uch unautho ri zed a li e ns for the p e rformance of work an d/or servi ces covered by thi s Ag reement, and should th e a ny li a bility o r s an cti o ns be imp osed aga inst City fo r such use o f unaut ho r ized a li e ns, Con s ultant he re by a gTc es t o and s h a ll re imburse C ity fo r the cost o f a ll s uc h lia bil ities o r sanc ti ons imposed , together w ith a ny and a ll costs, in c ludin g a ttorneys' fees, inc urred by City. SECTION 14 . CONFLICTS OF INTEREST. (a) Cons ul t ant coven ants that n e ithe r it, no r an y o fficer or pri nc ipa l of i ts fi rm, h as o r sha ll acqui re any int er est, d irect ly or in d irectly, whi c h woul d confli ct in an y m anner w ith th e interests of City or w hi ch would in a ny w ay hinde r Cons ulta nt's pe rform anc e o f serv ices under RlV #4822-7830-4520 v i -5 - this Agreem e nt. Cons ulta nt fu rth e r covenant s th at in th e perfo rm a nce of thi s A greement, no person havin g an y s uch inte rest s hall be employed by it as a n o ffic e r, empl oyee, agent o r subco ntract or w ithout th e express written con sen t of t he Ci ty M an ager. Cons ultant agrees to at a ll t im es avo id co nfli cts of inte rest o r t he appeara nce o f a ny confli c ts of interest with the inte rests o f C ity in t he pe r fo rmance o f thi s Agree m e nt. (b) C ity unde rs ta nds and acknow le d ges th at Con s ult ant is, as of the d ate of executi o n of th is Agreem ent, independentl y in vol ved in the p e rformant:e of no n-re lated s ervices fo r o the r govern mental agenc ies and pri va te parti es. Cons ultan t is unaw a re of a ny s tated pos iti on of C ity re la ti ve to s uch projects. Any f uture posi ti on o f C ity on s uch projects s ha ll no t be con s idered a co nfl ic t of inte rest fo r purposes o f thi s secti on . (c) C ity und e rs t an ds a nd ac kn owledges tha t Cons ulta nt w ill , pe rform n on -re lat ed serv i ces fo r o ther governmental a genci es and private parti es fo ll owin g th e comp leti on o f the scope o f work und e r thi s Agree ment. An y s uc h future serv ic e s ha ll n ot be cons id e red a conflict o f interest fo r purposes o f thi s secti on . S E CTION 15. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All info rmation ga in ed or w o rk produ ct prod uced by Cons ul tant in pe rfo rm a nce of thi s A gree m ent shall be co ns ide red c onfiden ti a l, unl ess suc h info rma ti on is in the publi c d omain o r a lready kn own t o Co n su ltant. Cons ulta nt s ha ll no t re lease or di sclose an y s uc h in forma ti o n o r wo rk pro duct t o perso n s or e nti t ies o the r tha n C ity w ith out prio r writte n autho rizati o n fro m the C ity Manager, exce pt a s m ay be require d by law. (b) Con s ult a nt, its o ffi cers , e mpl oyees , agen ts or s ubcont racto rs, s ha ll not, w itho u t p r io r w ritte n a uthori zation from th e C ity Manager o r unl ess requested by th e C ity A tt o rn ey of C ity, vo lu ntari ly p rovid e d ecla ratio ns, letters of supp01i, testim ony at deposi ti o ns , response t o interrogato ries or o th e r inform ation co ncern in g t he wo rk pe r fo rmed und e r thi s Agreem e nt. Response to a subpoena o r cou rt order s ha ll no t be cons id ered "vo lun tary" pro v id ed Con su lt ant g ives C ity no ti ce of s uch cou rt o rder or s ubp oen a. (c) If C ons ult a nt , o r an y of fi cer, empl oyee, agent o r su bcon tr ac to r of Consulta nt , provides a ny inform ati o n or work p roduct in v io lat io n of t his Agreement, th en C ity s ha ll have the r ig ht to re imbu rseme nt a nd indemnity fro m Con s ul ta nt fo r a ny dam ages, costs a nd fees, in c luding a t to rn eys fee s, caused by o r in c urred a s a res ult of Consu ltant's condu c t. (d) Co ns ulta nt sha ll promptl y no tify C ity s h o uld Cons ulta nt , its office rs, e mpl oyees, agents o r subcontrac tors b e serv e d w ith an y s ummo ns, compla int, s ubp oe na, notice o f depositi o n , reques t for d ocum ents, i nterrogat ori es, re qu es t fo r ad miss ions o r other di scovery req uest, cou rt order or subpoena fr om a ny party regarding thi s Ag reem e nt and the work perform ed th e re under. C ity retai ns th e ri g ht, but has no o bli gati o n , to represent Cons ulta nt o r be present at a ny dep os iti o n, hearing o r s imil ar proceeding. Consultant agrees to cooperate full y wi th C ity and to provide C ity w ith the o pportun ity to rev iew a ny response to di scovery re qu ests provided by Co n s ul tant. Howev e r, t hi s ri ght t o revie w an y s uc h re s po nse does n o t impl y o r m ea n th e ri ght by City to co ntro l, d irect, or rewrite said response. RN #482 2· 7830 -4520 v I -6- SECTION 16. INDEMNIFICATION. (a) Ind emnificati on by Design Pro fe ssio nal. As provided under Civil C ode Sectio n 2782.8 , Consultant s hall ind emnify, protect, defe nd a nd ho ld harmless City and a ny a nd a ll of its offic ia ls, empl oyees and age nts ("Ind e mnifi ed Pa rti es") fr o m and again st any a nd all c la im s. actions and proceedings (whe ther at law or equity, a dmini stra ti ve o r judicial), d em a nd s, o rders, judgment s , losses, li abilities , damages, costs and expenses, including attorn ey's fees and costs. (coll ect iv e ly "C la im s ") t o th e extent same a ri se out of, pertain to, o r relate to the n egl igen ce, rt::ck lessness, o r willful mi sconduct o f th e Con su ltan t, it s offi cers, agents, e mployees o r sub- consulta nts (o r a ny entity or indi vid ual th at Co ns ultant shall bear th e legal liability the reof) in the p erfo rmance of profess io nal services under thi s Agreement, w ith th e unde rstand ing th at in the event C laims a re found by th e t rier of fact to have b een caused by th e j oint o r concurre nt negli gen ce of the C ity and its contract ors and consultants, a nd Consultant, damages a nd expenses from both indemnity and du ty to defend obligatio ns s ha ll be born e by each party in proportion t o its n egl igence. (b) Indemnifi cat ion from S ub-Cons ultants. Con s ultant agrees to ob tain executed indemn ity agree me n ts w ith provis io n s id en tica l to t hose set forth here in thi s section f rom each and every s ub-con s ultant I contract o r an y o th er p erson o r entity involved by, fo r, with o r on behalf of Cons ul tan t in t he performance of th is Agreement naming the Indemnified Patiies as additio na l ind emnitees. ln the event Con s ul tant fail s to o b ta in s uch indemnity obligations fro m o thers as requi red h ere, Consultant agrees to be fully re spo ns ib le according to the term s of this secti on. Fa ilure o f City to mo nitor compliance with th ese requ ir e m ents impos es no additional obligations o n C ity and will in no way act as a wa iver of a ny ri g ht s hereunder. T hi s obli gation t o indemnify an d defend C ity as set forth herein is bi nd in g on the s uccessors, assigns o r h e irs of Consulta nt an d s h a ll surv ive the t ermina tion o f this Agreemen t o r thi s secti on. (c) C ity's Sole Negl i gence. The provi sio ns of this Secti on 16 do not apply to C lai m s occurring as a resul t of C ity 's so le negligence. The prov is ion s of this sectio n s ha ll not release C ity fr om lia bility arisi ng from gross negli gen ce o r wi ll ful act s or omissions of City or any and all of its o ffi c ia l s, employees a nd agents. SECTION 17. INSURANCE. Cons ultant agrees to o btain and ma intain in f ull fo rce and effect d ur in g the t erm of this Agreement the insu rance p o licies s et forth in Ex hi bit "C" "In s ur ance," wh ich is in corporated herein by thi s re fe rence. A ll in s urance p o li cies s h al l be s ubj ect to approva l by C ity as t o fo rm and content. T h ese requirements arc s ubject to amendment or waiver i f so a pproved in w rit ing by th e C ity Manager. Cons ultant a g rees t o prov id e City wit h co pies of required p o licies upon request. SECTION 18. ASSIGNMENT. The expett ise and experien ce of Consultant are mate ri al cons ideratio ns for this Agreement. City has an interest in the qu a lifications of and capability of the persons and entiti es wh o wi ll fu lfill th e duties and obliga ti ons imposed upon Cons ultant under thi s Agreement. In recogniti o n o f that interest, Con sultant s ha ll no t assign o r tran sfer this Agreem ent or any portion of this Agreement o r the performance of a ny of Con sultant's duties or o bli gations under thi s RIV #4822 ·7830-4 520 v i -7 - Agreement w itho ut th e pri o r written con sent of th e City Counc il. Any att empted ass ignment s h all b e in efTcc ti ve, null a nd vo id, and s h a ll con stitute a m ateria l breach o f t hi s Agreement en titli n g City to a ny and a ll remed ies a t law o r in eq uity, includin g s ummary termina ti o n o f this Agreement. C ity acknowled ges, however, th a t Cons ult ant, in th e perfonn a nce of its duties pursuant to this Agreeme nt , may utili ze s ub con tractors. SECTION 19. CONTINUITY OF PERSO~NEL . Co nsultant shall m a ke every reasonable effort to mai nta in t he s ta b ili ty and contin u ity of Consultant 's s taff and subcon tractors, if any, assign ed to perfo m1 the s ervices requ ired und e r this Agree m ent. Consul tant s ha ll no ti fy City o f any c hanges in Cons u lt an t's s taff a nd s u bcontracto rs, if a ny, ass igne d to perform th e serv ices required under thi s Agreem e nt , pri or t o a n d during a ny s u c h per formance. ECTION 20. TERMINATION OF AGREEMENT. (a) City may te rmi nate this A greement, wi th or w ith out cause, a t a ny tim e by givi ng thirty (30) days writte n notice of t erminati on to Consu lt an t. Jn the event s u ch notice is given, Consu ltant s hall cease immediately all work in progr ess. (b) Con s u ltant m ay termina te thi s Agreement fo r cause at a ny time upon th irty (30) days written n o ti ce of term in ation to C ity. (c) If e ither Cons ultant o r C ity fai l t o perform a ny m aterial obli gation under th is Agreemen t, then, in addi ti on to any other remedies , either Cons u ltan t , or C ity may terminate thi s Agreem e nt immed iately up o n writte n n otice. (d) Up o n te m1 ination of th is Agreem e nt by e ither Co nsu ltant or C ity, a ll property be lo ng in g exclu s iv e ly to C ity whi c h is in Cons u ltan t 's possess io n sha ll be returned to C ity. Consultant s ha ll ftnnish to C ity a fi nal in voice for wo rk performed a n d expen ses incu rred by Consu ltant, prepa red as set forth in Section 4 o f thi s Agreem e nt. This fma l invoice s h a ll b e rev iewed and pa id in th e sa m e manner a s set forth in Secti on 4 o f thi s Agree me nt. SECTION21. DEFAULT. Jn the event th a t Consultant is in d e fa ult u nde r th e te rms of this Agreem en t, the C ity s ha ll not h ave any obli ga t ion or duty to continue comp ensatin g Consu ltant for any work performed afier the date o f d e fault. Instead, th e Ci ty may g ive no ti ce to Consu lta n t of th e default a nd the reasons fo r th e d e fau lt. The notice s h a ll include the ti mefra me in w hi ch Consu ltant may cme the defau lt. Th is t im efra m e is presumptively thirty (30) d ays, but may be ex tended, th o ug h no t redu ced , if circumstances warrant. D ur ing the p e riod of time that Consultan t is in default, th e C ity s hall ho ld a ll inv o ices and sh a ll , when the d e fau lt is cured, proceed w ith pay ment on th e in vo ices. ln th e a lt ernative, th e C ity m ay, in its sole d iscretio n, e lect to pay som e or all of th e o utstanding i nvoices during th e perio d of d efau lt. ff Co ns ulta nt does not cure th e d e fau lt, th e City m ay take n ecessa ry steps to tcm1inatc this Agreeme nt unde r Section 20. Any fa ilure o n the part of th e Ci ty to g ive n otice of the Co ns u lt ant's d efault s h all n o t be d eemed to res ul t in a waiver of th e C ity's legal ri ght s o r any right s aris in g o ut of any prov is io n o fthi s Agreem ent. RIV #4822-783 0-4 520 v i -8 - SECTION22. EXCUSABLE DELAYS. Consultant sh all not be liabl e for damages, incl uding liq uidated damages, if a ny, caused by de lay in perfo rmance o r fa i lure to per form du e to caus es beyond the control of Con s ultant. Such causes in c lude, but a re no t l imited to, acts of G o d, ac ts o f th e public enemy, acts of federal, state or loca l governm e nt s, acts o f Ci ty, co urt o rd e rs, fi res, fl ood s, epid e mi cs, strikes, embargoes, and unus uall y seven: weather. The te rm and pri ce of th is Agreeme nt sha ll be equitably adjus ted for any delays due to such causes. SECTION 23. C OOPERATION BY CITY. All publ ic information, data, reports, re cords, and maps as are exis tin g a nd ava ila ble t o C ity as public record s, a nd w hi ch a re necessary for carrying out the work as o u tli n ed in the Ex hi bit "A" "Scope of Services,'' sh a ll be furni shed to Con sulta nt in eve ry reasona bl e way to faci li tate, w ithout undu e delay, th e wo rk to be perfonned under this Agreement. SECTION 24. NOTICES. A ll n otices required o r perm itted to be g iven under this Agreement s h all be in w riting a nd s hall be perso na ll y d e li vered, or sen t by tclccopier o r cettified mail , postage prepaid and return rece ipt requested , addressed as fo ll ows: To C ity: To Cons ul tant: C ity of Templ e City A ttn : City M a nager 970 I f .as T un as Dr. Temp le C ity, CA 91780 Kimley-IIo rn and A ssociates Att n: Jean F ares, PE, Senio r Vi ce Pres id ent 765 The C ity Drive, S uite 200 Orange, Cali forn ia 92 868 o ti cc s hall be deemed e ffec ti ve o n th e d at e personally deli vered o r transm itted by fac s im il e or, if mailed, th ree (3) d ays afte r d e posit of th e s ame in the c ustod y o f t he United St ates Pos tal Service. SECTION25. AUTHORITY TO EXECUTE. The person o r pe rsons executing thi s A greement o n behalf of Cons u lt ant represents and warra nts th at he/she/they h as/ha ve the a u th ority to so execute th is Agreement and to bind Consu ltant to th e pe1fonnance of its o bligations hereunder. SECTION 26. ADMINISTRATION AND IMPLEMENTATION This Agreemen t sha ll be administe red a nd executed by th e C ity Manager or hi s or her des ig nated representative, foll owi ng approval of thi s Agreem ent by the City Council. The City Manager s hall have th e authority to iss ue interpre tati o ns a nd to make minor amendme nt s to thi s Agreeme nt on behalf of the C ity s o lon g as su ch action s d o no t mate riall y change the Agreement RN #4822-7830-4520 v l -9 - o r make a commitment of addi ti o na l fund s o f th e C ity. A ll o ther changes, mod ifi catio ns, a nd am endmen ts s ha ll requ ire th e prior ap prova l of th e C it y Co unc il. SECTION 27. BINDING EFFECT. T his Agreement shall be b indin g up o n the he irs, executo rs, adm i n is tra tors, s u ccessor s a nd assign s ofth e p arti es. S ECT ION28. MODIFICA TION OF AGRE EMENT. o amendm e nt to or mod ificat io n of th is A greement s ha ll be val id un less made in writ ing an d approved by the Consul tant and by th e City Cou nci l. Th e parti es agree that this req ui remen t fo r w ritten m o d ifi cat ions can not be wa ived and that any attemp ted wa iver s ha ll be void . SECTION 29. WAIVER. Wa iver by any party to th is Agreement of any t e rm , cond it io n, or coven a nt of t h is Agreement s hall not con stitu te a wa iver of a ny ot her te rm , conditio n, or covenant. Waiver by a ny party of any breach of th e prov is io ns o f th is Agreement s h all n ot constitu te a wa iver of any othe r provision no r a wa i ve r of any s u bsequent breach o r vi olatio n of any provision of th is Agreeme nt. Accepta nce by C ity o f an y w o rk or services by Consultant s ha ll not consti tute a wa iver o f a ny o f th e prov is ions of this Agreement. SE CTION 30 . LAW TO G OVERN; VE NUE . T hi s Agr eeme nt sh a ll be interpre ted, co nstrued and govern ed accord ing to the laws of the State o f Cali fo rnia. Jn the event o f liti ga ti o n between the pa rti es, ven ue in state trial courts shall lie exclu s ively in th e Cou nty of Los A ngeles, Cali fo rni a. In the event of litigatio n in a U.S. Di stri ct Co utt, venue s ha ll li e exclus ively in the Central District of California, in Los A ngeles. SECTION 31. AT T ORNEYS FEES, C OSTS AND EX PEN SES . Jn th e event li tigat ion or oth er p roceed in g is req u ired to enforce or interp ret a ny provis ion o f thi s Agreem e nt, th e preva ilin g party in s uch litigation o r othe r p roceeding shall be entitl e d to a n award o f reasona bl e attorney's fees , co s ts a nd expenses, in addition to any othe r re li ef to w hi c h it m ay be e ntitl ed. SECTION 32. ENTIRE AG REEMENT. T hi s Ag reem ent, inclu di ng th e attac h ed Ex hibits "A" thro ugh "C", is the e nt ire , complere, fin a l an d exc lu s ive express io n of t he part ies w ith respect to th e m atters ad d ressed th erein a nd s upe rsedes a ll o th e r Agreements or unde rs ta ndings, ·whe th e r o ral or wri tten, or e ntered into be tween Con s ult ant and City prior to th e exec ution of th is Agreement. No statements, re presentation s or other Agreements, w hether oral or w r itte n, made by a ny party w h ich are not embod ied here in s ha ll be valid a nd b indin g. No amendment to thi s Agreement sha ll be val id a nd bindi ng unl ess in writi ng duly executed by th e part ies or th e ir authorized represe ntatives. SECTION 33. SEVERABILITY . RIV #482 2-78 30-4520 vi -I 0- If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s). IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year ftrst-above written . ATTEST: ~& Peggy Kuo City Clerk APPROVED AS TO FORM By:~ Eric S. Vai l City Attorney CITY OF TEMPLE CITY By:~{)~ Don Penman, City Manager NOTE: CONSULTANT'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF lNCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO DEVELOPER'S BUSINESS ENTITY. RJV 114822-7830-4 520 v I -II - CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CAL IPORN JA coUNTY or Ovftn0 ~ On \~ , £L before me ,~/P.iLrf G/lcJ.ad1k$ersonally ap pea red K.fV/nP~roved to me o n the basts f satisfactory evt d ence to be the p erso n(s) whose names(s) tslare s ubscnbed to the wt th tn mstrument and acknowledged to me t hat he/she/they executed the same in hi s/h er/their authorized capacity (ies), and th at by hjsfher/their s ignature(s) on the instn tment the pe rson(s), or the e nti ty upon behalf of wh ich t he pe rson(s) acted , executed the i nstrument. I certify under PE "A L TY OF PERJ1.;"RY und er th e laws o f the State o f Californ ia that the foregoing paragraph is t rue and correct. WI ThTESS my hand and official seal. OPTIONAL j ~JANICE GILDEN REHAK ( .. 1/l COMM. # 1940924 In NOTARY P1181JC.CAI.JfORHIA Ill OMIIG£ COVIIll -~ ' MY COWII. 0 ExP . JulY 13, 2~15 t T hough the data below is not required by law, it may prove valuable to persons rely ing on the docu ment and could prevent fra ud ulent reattachment o f this fonn CAPAC ITY CLA IM E D BY I GNER 0 11\'DTVIDUAL 0 CORPORATE OFF lCE R TJTLE(S) PARThTCR(S) D D LIMlTED GE ERAL ATTORNEY-TN-FACT TRUSTEE(S) GUARD IAN/CONS ERV ATOR DESCRIPTfON OF ATTACHED DOCUM ENT TITLE OR TYPE OF DOCUl'vt.E T NUMBER OF PAGES 0 0 0 0 0 OTHE R ___________ _ DATE OF DO CUMENT S IC E R I S R EPR RSENTI 'G: (NAME OF PERSON(S) OR E 11TY(lES)) SIGNER (S) OTHER THAN NAMED ABOVE RlV #4822-7830-4520 v i ------------------------ CALIFORNIA AL L-P URPOSE ACKN OWL E DGME NT STATE OF CALIFORNiA COU TY OF tJrCt f!.g f On~ ?l ,2D /q befo re m Jl!Ul.-tbU ~-hJ~rsonally appeared..b~n V\ttl lckuJ V" Qtperso nally known to me -OR -0 ,l f) JANIC E GILDEN REH AK ~ -· COMM.# 1940924 Ul U) • NOTARY PUBliC·CAl lf ORIIIA ~ 0~£Co~ -~ COIIJI. ?'· Juu 13, 2015t proved to me o n the basis of sat is factory evidence to be the person(s) whose na rn es(s) is/are subscri bed to the wi th in instrument and ack nowledged to me t hat he/she/they executed the same in h is/he r/the ir au th o ri zed capacity(ies), and that by his/her/their signature(s) on th e in strument the perso n(s), or the ent iry upon behal f of wh ich the perso n(s) a cted, executed the instrument. nd officia l seal. -~ OPT IONA L T ho ugh the data below is not required by law, it may pro ve val uable to persons relyi ng o n the d ocum e nt a nd could prevent fraudulent reatt achment of thi s fonn C APA C ITY C LAfMED BY S IG N ER D ThiJ)IVIDUAL 0 CORPORATE OFFlCE R T IT LE(S) PARTNER(S) D D ATTOR EY-fN-F'A CT TRUSTEE(S) LIMJTE D GE 'ERAL D D D D D GUAR DI AN/CO SERVATOR OTHER __________ _ S IGNER I R E P R ES ENTING : ( AlVfE OF PERSOl\(S) OR Emlll'(JES)) RlV 114822-7830 -452 0 v I DESC RrPT 10 N OF ATTA C ITE D D O CUME N T TITLE OR TYPE 0 .. DOCUME T NUMBER OF PAGES DATE OF DO CUMENT S!GNER(S) OTHER TIIAN NA.to.1CD ABOVE 6876 v l EXHlBIT "A" SCOPE OF SERVICES Consu ltant shall provide scop e of services as d es cribed in Section 5 of its proposal (Attachment A) RI V#482 2-783 0-4 520 vi A-1 Se ction 5 -Sco p e of Work and Schedule Project Understanding The City of Tem ple City and its com mu nrty have identi fied the opportunity to develop conceptual des igns lor the Las Tunas Drive corr idor, located in the co re of Temple City. Based on input from an initial study performed by Nelsorv'Nygaard and input from City staff an d community members, three diffe rent options were developed to achieve lhe overall vis ion for lhe corridor which IS comprrse d of four segments : the Western Gateway/Rosemead lntersec tron. Mrdtown . the Downtown Core. and the Eastern Gateway. All three opt ions explore various degrees of transformation of the corridor with respect to vehicular , tr ansit, bicycle. and pedestr ian traffi c with in the area. The three proposed optio ns will provide the corr idor with Improved pedestrian saf ely in the fo rm of buiiH>uts. as well as new midblock crossings to enhance and encourage pedestrian usage . The project will also provide pedestrian-refuge media ns. Kllll ley-Hom's experience with these types of improvements is extensive In Southern Califomia, includrn g the Ocean Park Complete Green Street project. as we ll as the Miss ion Ave nue Complete Street pro ject. have various interactions and crossings with vehicular traffic, and the City of Pasadena Pedestrian Saf6ty Study. where Kimley-Horn made recommen dations lor how to eva lua te pedestrian safety in the vicinity of a very pedestrian-centric corndor Due to the lan d use of the downtown areas. paf10ng is a key component of th e development of the area. Parking capacity is important in the continued development a1d use of the area. as it will encourage drivers and pedestrians to contmu e to vis it this area . The City has identified the possi ble use of angled back -in parking . wh ich has li mited implementa tion around the state and country. Kimley-Horn has experience in its implementation in Austin, Texas, where it has successfully transformed auto-centric corrido rs to people-cen tric areas . ------------~~~~n~~~s~at~y------~-~--,--T~--•. -,~-,-tm-f-~-oo--~-N-0-~-ro--e~-~n-~--~n-g-------------------------­ Kimley-Hom . Furthermore, the optio ns will narrow vehicular lanes to slow dovm traffic while encouraging the use of mulh-modal am enities including transit There will be no loss of vehicular access to adjacent businesses, as the center tu rn lanes will be le ft inta ct with some minor 6876 vl exceptions where pedestrian access is a priority. In an eftort to improve safety and circulat ron through the intersections, bus stops wi ll be relocated to the far sides of intersections and a qJeue jump lane wi ll be provided at the Temple City Boulevard at Las Tunas intersection. Improvements shall also incl ude class II bike lanes , enhancing the multi-modal access to the coHklol. Arc hilectural and landscaping themes will be unifie d along the corndor with the inclusion of a new canopy of deciduous trees and archi tectural elements to the Western and Easte rn Gateway segments. Kimley- Horn has experience in the development of slrategres to beautify bicyc le and pedestrian fac il ities. as well as improve safe ty. These include our involvement with tne San Fernando Bikeway. which has many bicycle improvements, including Class I bicycle lanes that RJV #4822 -7830-45 20 v I A-2 We have also done extensive research in th e app lication of angled back-in parki ng to assist agencies in the ir decision to implement or not. From our review and research, we identified some pros and cons of the angled back-i n parking concept Pros: • Creates a barrier betwee n traffic and people (doors and tru nk open toward the side\valk and guide people to the sidewalk) • Much eas ier to park in (stud ies have shown that it is 50% faster to back into a reverse-in angle space) than a paral lel space • Saler lor bicycles and pedestrians • Sater for general traffic operations (easier for peopl e driving along the street to see people pulling ou t and lor people pulling out to see oncoming traffic an d bi cyles) • Can be used along hi gher functional classes of street Cons. • Some people will get confused -it IS 1\'EW! • Same problem as head-in pa rking wi1h regard lo curb overlap of vehicle overhangs (planning for appropriate depth of spaces and use of wheel stops can mitigate this) • Some people may have a prob lem backing in (should be no worse than parallel parking) • Percep tion Kimley-Hom also has extef"ISive experience 1n other parking types including parallel and tradit ional head-in diagonal parking. Recently, on the Expo light Rail Phase 2 pro ject in the City of Santa Monica. in order to maintain the bike fanes on each side of the street. we removed paralle l parking on each side of the street and placed 90-degree parking on one side of the street In the photo be low, one dtrection of the bike lane is to the right of the parking sta lls . whil e the btke l2ne in the other direction is in a typical layout adjacent to the travel way. 6876 v l Santi Monica. CA -90' pallmg pbced betA'fe' tm-el b.1e 1M Me bne Parking in the dO"HntOY.1l core will be affected by proposed flexibl e parkmg or dtning zones inc luded in the proposed optio ns. The option in cludes the installation ol stra tegically placed llexible zones" where businesses may have a di ning zone in place ot street parking . Th e business use of these "fl exib le" spaces is understood to be regulated by the C1ty. The hexible zones are intended to be spectal paving and separated from parked cars thereby allowing for flexible use shou ld the businesses change ove r time . In the event that a business wishes to add a curb-front dining faci lity where a llexible zone does not exist. a "park let" may be installed . Parklets are small, removable platfo rms in stalled in a park ing space. Both of these options whethe r planned or late! implenented, will reduce the number of parking stalls m the corr idor, but v.1 11 ha~e an overall improved pedestrian experience. RJV 114822-7830-45 20 v I A-3 Each of the th ree proposed options in the RFP provide similar changes to address diHerent traffic . bicycle, and pedes trian needs along the corridor. mcludmg incorporating the r e~ired lou r lanes of tralflc. along with some sort of parking accommodations for access to the downtown co re amenities . The changes an d updates will also work in tandem with sign al ti ming refin ements to increase green t1me and thereby red uce delay along the corri dor and improve the corridor vehicu lar capacity . The overall evaluation ol the three options will give the C1ty the opportunity to understand the overall impacts of each of the optiof"IS on the vehicles. transit users. pedestriaf"IS, and bicycl ists along this corridor. From th is inlormation, the Ctty will be able to make an ed ucated decision on the most successfu l ophon in ach1eving the overall vision the downtov.11 core expansion. Scope of Services The City oi Temple C1ty has issued an RFP requesting a scope an d fee to provide a Transportation Impact Analysis (TIA) that will be included i~ the Environmental Impact Report (EIR). and oth81 CEOA documents associated with these improve ments. This analysis will review a'ld analyze three reGOmmended soluhons presented for the las Tunas corrido r thro ugh the core of Temple C1ty. The fo llowing tasks are envisione d: Task 1: Revi ew Nelsont Nygaard Traffi c Review Memo and Data. We wil l beg in by performing a detaile d review of the Nelso!V Nygaard Traffi c Review Memo and all its supporting data and models. Knowledge r~gard t ng Nelsoi\/Nygaanl's methods wi ll al low Kimley- Hom to better understald their approach in the development of the Task 2: Data Collection.~ pal of this las"-the Kim ley-Horn team \'rill: • Meet with City staff to define the limits of the study. Kimley- Hom will host a meet1ng WJth the City staH to review study approach a1d limits of su rrounding street systems. Preliminary fiel d visits an d engineering judgment will allow K1mley-Hom to suggest a project li mit to encapsulate the entire system that will be aHecl~ by the improvements on las Tunas. 6876 vl • Pe rfor m Field Observations of Current Operations. Kimley- Horn staff v.ill visit the entire corridor to observe th e current operation of the downtown area for all modes ol transportation . We will take inventory of all existi ng pedestrian access points (i e. cross-wa lks , existing cross ings, etc ) and note current behavior of drivers. bicyclists. and ped estrians. We bel ieve that a field investigalion can sometimes illuminate circumstances not readi ly apparen t through data alone. • Obtain Pedestrian Cros si ng Counts. Kim ley-Horn wil l obtai n current pedes trian counts at existing cross-walk locations lor incorporation of pedestrian traffic in lhe traffic study model. Since the pedestrian cr ossin gs are all actuated . their operatio n has a direct effect on the timing and capacity of the corrido r. Thorough modelling of the pedestrian calls crea ted by this acti vity will assist in understan ding pedestrian behavior in the corridor and also to evaluate other opportunities for pedestrian use ollhe faci!Hies. • Obtain Recent Vehicular Counts. Kimley-Hom will obtain tr affic com ts along the entire co rridor and any app licable surround tn g streets to accu ra tely update the model with rece nt traffic data. The lollowin g traffic data collect ion , at a minimum, is proposed to measu re the current traffic conditio ns and to evaluate the impact ol the three options. 24 Hour AOT Ust • las Tunas Drive • Burton Avenue to Sultana Avenue • Sultana Ave to Encin ila Avenue • Enclnita Avenue to Clover ly Avenue • Cloverly Avenue to Temple City Boulevard • Temple City Bou leva rd to Golden West Ave nue • Go'den West Avenue to Rowland Avenue • Garibald i Avenue • Burton Avenue to Sui lana Avenue • Su:tana Avenue to Cloverly Avenue • Cloverly Avenue to Golden West Avenue • Golden West Avenue to RO'.vland Avenue • Broart~>'<IY • Acacia Street to Sultana Avenue • Su'tana Avenue to Cloverly Avenue • Cloverly Avenue to Golden West Avenue • Golden Wes t Aven ue to Rowland Avenue RN #4822-7830-4520 vl A-4 • NortiVSouth Cross Streels • Musca tel Avenue -Garibaldi Ave nue to Las Tunas Drive • Musca tel Avenue -Las Tunas Drive to Broadway • Rosemead Boulevard -Garibaldi Avenue to Las Tunas Drive • Rosemead Boul evard -Las Tunas Drive to Broadway • Temple Crty Boulevard -Garibaldi Avenue to Las Tunas Drive • Temple City Boulevard -las Tunas Drive to Broadway • RO'Niand Avenue -Garibaldi Avenue to Las Tunas Drive • A0'11Iand Avenue -Las Tunas Drive to Broa<f>Nay Peak hour turning movement volumes and pedestrtan croaslng counts (one typical 1veekday)*: • Las Tunas Dri ve at Muscatel Avenue • Las Tunas Drive at Rosemead Boulevard • Las Tunas Drive at Sultana Avenue • Las Tunas Drive at Lorna Avenue • Las Tunas Drive at Encinita Avenue • Las Tunas Drive at Alessandro Aven ue • Las Tunas Drive at Oak Avenue • Las Tunas Drive at Clover ly Avenue • Las Tunas Drive at Prim rose Avenue • Las Tunas Drive at Temple City Boulevard • Las Tunas Dr ive at Camellia Avenue • Las Tunas Drive a1 Kauffman Avenue • Las Tunas Drive at Golden West Avenue • Las Tunas Drive at Baldwin Avenue • Additional corridors. intersecbons. or crossings may be included at the option of the City per Task 2 meeting with the City. Task 3: Analysts. Using the data collected and existing models. VFe will crea te three separa~e scenario mode ls for the three impro'lement options described in the NelsorVNygaard memorandllll and lhe RFP. We will crea te models that capb.Je the surrou ndi ng area along Las Tunas Boulevard as determned necessary by Kim ley-Horn and City staff and the pedestrian volumes al each of the intersectrons From these models. we can defi ne the operational impact of the improvements and thereby make recommendations based on them. The options will be reviewed lor the ir i11pacts on vehicular traffic , parking. pedestrians, and bicycles. The models will be created lor the AM and PM peak hour counts, as we ll as the Average Daily Traffic cond itions. Task 3.1: Traffi c Analysis. Detailed traffic a11a'ysrs wit be performed l'•ith the aid of Synchro mode lln1g tools uti lizing the data we gather as part of Task 2. The traffic ana ,ysis will include th e evaluation of the three options and sha ll report the overall level of Service (LOS) ollhe corridor for Averaga Daily Traffic conditions, as well as f'.M and PM peak conditi ons. This analysis .,;u clearly idantrfy the vehi!:ular traffic impacts that wil l be expenenced as a result of the improvemen ts for all three optrons . The analysis wi I include the evaluatio n and review of th e ifllpacts on side stree ts as 1t is anticipated that the reconfigurabons rna-{ ercourage drivers to find alternate routes. Task 3.2: Parldng Analysis. A qualitativ,; analysis of diagonal head-in parking. paralle l parking. and angled back-rn pa r~ing will be deve loped to advise the City of the pros 31ld cons of each type with regards to pedestrian. vehicular. and bicy cl e safety. Each scenar io will be studied to ensae the most effective type of parking is implemented to achiev e the C1ty' s goal Task 3.3: Pedestrian Analysis. To imp!ove the v.atkabihty of the corridor, this project proposes to inc lude bulb-outs and new mid-block crossings , as Ylell as new pedestrian refuge islands. A pedestrbn analysis will determine the pedestrian impact on corridor circulatio1 (i.e. impact of shortened v,a lk times or mid-block crossings) for all three options, as well as the pros and cons. This analysis may be utilized in Task 6 lo appropriate ly update the signal timing of the corridor to allow sufficient time for pedestrian crossi ngs (both at bulb-out intersection locations and midblock crossings) with min imal impact to the overall corridor circula:ion. l<tstrJ.f :-Btcyct~ An<1tygtr.A l!ll31~oatiMOf Dteycte movement along the corridor will be perfomned. The evaluation will include a review of the cunenl bicycl e faci lities, plamed Class II bicycle facilities and bicycle interaction Y:ith velllcular traf1ic, and the plamed p;wking configurabon(s), as Ylell as L'le pros and coos of each. Kimley-Hom will revitrt'llhe City's reca1t1y approved Bicyc le Master Plan and will provide any reCOimlendalions tor othe r bicyc le user opportunities along the corndo1. Task 4: l denUJy Impac ts of Each Alte mallve. The findmgs of the data collection and !he analyses described rn Tasks 2 and 3 will be sumiT'I:!f!Zed in a report and submi tted to the C1ty. The report will include the Synchro reports and discuss ion of pros and cons regarding the impacts of each of the options This report can be use d for making informed decisions about which ophon the City woul d ltke lo move fo1¥tard . 687 6 vl RJV 1#.4&22-7830-4520 v I A-5 Task 5: Meetings. The follo;·,ing meetings are assumed . • One kick-oH meetin g wi th C1ty staff to begin the project and discuss any iimitaltons identified by the C1ty or Kiml ey-Horn • Three foll oti-t~p meet ings with Crty to present the results of the data collection and analysis. and to discuss the recommendations based on these results or City Counc iVPlanning Commrss1on meetings. Task 6: Signal Timing Refinement. Based on the City's chosen oplior alter review ol the traffic report. a signal timing refinemen t strategy will be developed to incorporate the proposed elements of the corridor. We wil l review the existing timing plans in the existing models. We will pro'lide proposed signa l timing plans for the AM and PM weekday peak hour condiltons of the chosen alternative. The srgna l timing plans will incorporate the City's objec tive of improved circulation along the conidor. Kim ley-Hom will provide the C1ty ~ field support in implementation of the new liming plans . as well as fine tuning . fo r up to 20 hours of supiJCfl . Assumption /lsi • This proposal assumes up to 1\!ro (2) meetings v.il ! be needed. • Crty shall prov ide available Nelson/Nygaard data and mode ls utilized in support of the memorandum provided as part of RFP. • All modeling shall be perlomned in Synchro. • Traffic signal timing will be provided tor up to lv.'81ve (12) sig~~a ls. • 11 is assumed tha: the exist 1ng r~el sorVI-Iygaard data will be provided electronical ly in a complete forma l suitable for use. • Kim'ey·Horn study will be completed exclusively tor the three specifred options. Development of additional optio'ls/scenar ios v.-ou 'd be considered addi~onat ~ervices. "' CX> .... "' < .... AMENDMENT The Scope of Ser vices , inclu din g serv ices . work products, and pe rso nn e l, a re s ubj ect t o chan ge by mutua l Agree me nt. In th e absen ce of m ut ua l Agreemen t regarding th e need t o change any as pects of perf01mance , Con sulla nt sha ll com pl y with th e Scope of Services as in d icated a bov e. 6876 vl RIV #4822-7830-4520 vI A -7 RIV #48 22-7830-4 520 v l EXHIBIT "B" COMPENSATION B-1 Section 6-Fe e Las Tunas Street Improvement Project TIA Fee Proposal ~~---- KIMLEY·HOitN PERSONNEL TASK D!SCRJPTIO N ;:~~C:, QC/QA Prof. .Jr. Prof. Analyst SUpport IV. The total compensation for the Services shall not exceed $42,551, as provided in Section 4 of this Agreement. RIV 114822-7830-4520 vi 8-2 EXIDBIT "C" INSURANCE A. Insurance Requirements. Cons ultant s hall provide and mainta in insurance, acceptable to the C ity Manager or City Counsel , in full force and effect throughout the tenn of this Agreement, against c laims for injuries to persons o r damages to property whi ch may arise from o r in con nection w ith the perfonnance of the work hereunder by Consultant, its agents, representatives or employees. Insurance is to be placed w ith insurers with a current A.M. Best's rating of no Jess than A:VIJ. Consu lta nt s h all provi de th e following scope and limits of ins ura nce: 1. Minimum Scope of In surance. Cons ul ta nt shall m · tain profess ional liability ins urance appropriate to the Consultant's profession. This coverage ay be written on a "claims made" basis • ..aR:EI RUt5t ioelt1d e eo~erage fer ee Att'aett:uil l iab ility. T he professional li abi l ity insurance req uired by this Agreement mu s t be endorsed to be applicable to c laims based upon, arising o ut o f o r related to services perfonned under this Agreement The in surance must be m aintained for at least 3 consecutive years following the completion of Consultant's services or the tenn ination of thi s Agreement. During thi s addition al 3 -year period, Consultant shall annually and upon reques t of the City submit writte n evidence of this co ntinuous coverage. 2. Minimum Limits of Ins u rance. Consul tant shall maintain limits of profess ional l ia bi lity insurance n o less than $1 ,000,000 pe r ~-c\~'-·@) B. Other Prov isions. Each in surance policy required by thi s Agreement shall be endorsed and state th e coverage shall not b e suspended, voided, cancelled by the insurer or either party t o thi s Agreeme nt, reduced in coverage or in limits except after 30 days' prior written notice by Certified mail, return rece ipt requested, has been g iven to C ity. C. Other Requirements. Cons ultant agrees to d eposit with City, at or before t he effective d ate of this co ntract, certificates of insuran ce necessary to satisfy C ity that the insurance provisions o f t his contract have been complied with. The Ci ty Attorney m ay r equ ire that Co nsultant furn ish City with copies of origi na l endorsements effecti ng coverage required by this Section. The certifi cates and endorsements are t o be s igned by a person authorized by that in surer to bind coverage on its behalf. City re serves th e right to inspect complete, certified copies of all req uired ins urance pol icies, at any time. 1. Consultant s hall furnish cert ificates and endorsements from each subcontractor identical to those Consu ltant provides. 2. Any deductibles or self-i nsured retentions must be decl ared to and approved by City. At the option of C ity, either the insurer shall reduce or elim inate such deductibles or sel f-insured retentions as respects City or its respective elected or appointed officers, officials, e mployees and vo lunteers or the Con su lta nt shall procure a bond guaranteeing payment of losses and related in vestigations, claim administration, defense expenses and claims . RIV 114822-7830-4520 v i C-1 3. Th e procurin g of s uch required po l icy or p o l ic ies of in su ra nce sh a ll not be cons tru ed to limit Con s u lta nt's li a bi lity hereunder nor to fu lfill the ind e mnifi cat io n prov is io ns and requi rements ofthis Agreement. RIV #4822-7830-4520 vi C -2 ------------------ ATTACHMENT B FIRST AMENDMENT TO CONSULTANT SERVICES AGREEMENT by and between the CITY OF TEMPLE CITY a nd KIMLEY-HORN AND ASSOCIATES, INC. Date d Apr ;\ 21 , 2015 LA #4821 -1230-1858 vi FIRST AMENDMENT TO CON SULTANT SE RVI CES AGREEMENT This First Am e ndme nt to Consul ta nt Serv ices Agreemen t ("F irst Amendment"), wh ich i s dated for reference as ind icat ed o n the cover page, is hereby e ntered into by and between the C ITY OF TEMPLE C ITY, a Califo rni a c harter c ity ("C ity''), a nd KIMLEY-HORN AND ASSOCIATES, rNC., a North Carolina corpora ti on ("Cons ultant"), as follows: RECITALS A. City and Co ns ultant entered in a Consu ltant Serv ices Agreement o n May 21, 20 14 ("Agreement"). The Agreement prov id es that Consultant will conduct a traffic impact ana lys is for proposed improvem e nts to Las Tunas Drive in t he City of Temple City. B. After entering into the Agreem e nt , the C ity determined that the scope of th e traffic impact analys is needed to be ex pa nd ed. C . Thi s Fi r st Amendment amends the Agreement t o expand the Scope of W ork and provide a dditi ona l compe nsati o n t o Cons u lta nt fo r t he ex panded Scope ofWork. OPE RATIVE PROVISIONS NOW, T H EREFORE, in cons id e ra ti o n of the promises made a nd rec ite d herein, the parties do he reb y e nte r int o thi s F irst Amendment w hi c h modifies a nd amends th e Agreement as follows: 1. AMENDMENT. The Agreement is her e b y modified and am e nd ed as follow s: 1.1 Exhibit "A". Ex hibit "A" t o th e Agreement (Scope of Work) is here by amended to a dd th e additional services li sted in Exhibit "A" to this First Amendment. 1.2 Section 4 and Exhibit "B". Section 4 (Comp ensa tion a nd Method of Payment) and Ex hi b it "B" (Compensation) are hereby amended to inc rease th e compensa tion to Contractor b y $20,000, for a tota l maximum co mpensation of $62,55 1. 2. GENERAL PROVISIO NS. 2.1 Remainder U nchan ged . Except as specific a ll y mod ifi ed a nd amend ed in this F irs t Am e ndment , th e Agreement remains in fu ll fo rc e and effect and binding upon t he parties. 2 .2 Integrati o n . Thi s F irst Amendment consists of pages I through 6 incl us ive , which con stitute the entire understanding an d agreem e nt of the parties a nd supersedes a ll negoti a tion s or previo us agreements between the parties with respect to a ll or a ny part of the tr ansacti on di sc ussed in thi s F irst Am en dme nt. LA 114 82 1-123 0-1858 v i -2- 2.3 Effective Date. This First Amendment s h a ll not become effective until the date it ha s been form a ll y approved b y th e C ity Council a nd executed by th e appropria te authori ties of th e C ity and Consultant. 2.4 Applicable Law. The laws of th e State of Ca liforni a s ha ll govern th e interpretation and e nforcement of thi s First A mendment. 2.5 References. A ll re fe re nces to the Agreement inc lude a ll the ir res pective te rm s and provi sions. All defined te rms utili zed in thi s First Amendment have the same meaning as provide d in the Agreem ent, unless express ly stated to the contrary in thi s F irst Amendment. IN WITNESS WHEREOF, t he pa rti es hereto have executed thi s First Ame ndment to t he Ag reement on the date and yea r firs t written above. C ITY: THE C ITY OF TEMPLE CITY By: =----=~~~~~--------------Brya n Cook, C ity Manager ATTEST: Peggy Kuo , C i ty C le rk APPROVED AS TO FORM Eric S. Vai l , C ity Attorney L A #4821-1230-1 858 v i -3- LA #482 1-1230-1858 v i CONSULTANT: KIMLEY-HORN AND ASSOCIATES , INC .. Name: 5 er-Che CIa nd.e\1 q Title: Sc. Vic...e. tycs . By: cz:~~ -4- Name: VAsnl\ He,L..C.~OR, Title: AsJcc..toi~ ; EXHIBIT "A " C ons ultant s ha ll p e rform th e fo llow in g a dditi o na l services: 1. Upd a te the Ex is tin g and Preferred A lte rn a ti ve a na lys is a nd rep o rt section s to in c lud e the foll owin g inte rsections a nd roa d way segme nts a lo ng di ve rs io n ro ut es: Inte rsection s: o R osemead Bou leva rd and Ga ribald i A venu e o T e mpl e C it y Bou levard a nd Gariba ldi A ve n ue o Ba ld w in A venu e a nd G ariba ldi A ve nu e o T e mpl e C i ty Boul e va rd and Bro adway Road way Segments : o Encinita A venue be tween Ga riba ldi A venu e a nd Las Tunas Drive o Encinita Avenue between Li ve Oak A ve nue and Las Tun as Dri ve o Encini ta Avenu e be tween Li ve Oak A venue a nd B road way o Live Oa k Avenue between E nc inita Avenu e and Golde n West A venu e o Li ve Oa k A venue be twee n G olden W est Ave nu e a nd B a ldw in A ve nu e o Ga riba ldi A venue between Enc inita A ve nue a nd T e mpl e C ity Bo ul evard o Ga riba ldi A ve nu e be tween T e mpl e C it y B o ul eva rd a nd B a ld w in A venu e o Ba ldw in A venue be t ween Gariba ldi Ave nu e a nd Las Tunas Dri ve o Tem p le Ci ty Bouleva rd b etween G a riba ld i Avenu e and Las T un as Dri ve 2. Pe rfo rm "Before Trave l T im e" Studi es C ons ulta nt w ill conduct a 'Be fo re' fi e ld s tud y trave l times a lo ng Las T un as Dri ve be tween Mu scate l Ave nu e and Ba ldw in Avenu e a nd prep a re a me mo ra ndum s umma ri z in g t he results . The memorandum will a lso ide ntify M easures of Effecti veness (MOE) to eva lu a te the effect s o f the synchro ni z ation pl a ns. M OE 's w ill like ly include tra ffi c fl o w , trave l time, average sp eed , stop s, fu e l cons umpti on reduc ti o n , po llut io n re ducti o n , and othe r p e rtin e nt ite m s . The ide nti fie d MOE's will be com p il e d for th e co rridor us in g th e fl oating ca r me th od a nd fro m most r ecent ve rs ion of Syn c hro. Fo r th e 'B efore' fi e ld s tudy, fi ve fl oa ting car 'runs ' w ill be conduc te d in each di r ection a lo ng the proj ect c o rrid o r durin g A.M . a nd P.M . peak p e ri o d s . T he memorandum wi ll address li ke ly optimi zati o n stra tegies fo r s ign a l syn chro ni za ti o n . T he a n a lys is w ill include th e fl oatin g ca r d a ta a nd d ata coll ecti on. T h e evalu ation memora nd um will p rovid e a cl ear unde rs ta ndin g of traffic p a tte rn s along the co rrid o rs. Cons u ltant w i ll prepar e a me mora ndum docum e n t in g the res ults of th e 'Before' stud y a nd p resent th e findi ngs to C ity outlining th e fi ndings o f the fie ld study. 3. After T ra ffi c A na l ys is Da ta Coll ecti o n (travel ti me run s) A fte r Con s ulta nt has c ol lect ed th e "be fore" data ea rli e r in thi s proj ect, we w ill coll ect th e "after" data fo r t he same limits fo r th e two peak p eri o ds (AM a nd PM) to docume nt improveme nts in th e system 's o pe ratio n after s ig na l timin g im p le me ntat ion and s tree t LA #482 1-1230-1858 v l -5- im p rovements a re comple te d . W e w ill conduc t fi ve after tr a vel tim e run s in each dire cti o n. The runs w ill co rres pond to the sa me tim e p e ri o d s that were coll ected in the before stu d y. T he da ta fo r bo th the tra ffi c ru ns w ill be a na lyzed, tabulated , a nd c h arted f o r s ub mi s s io n to th e C ity. 4. C ons ulta nt sha ll conduct o ne a dditi o nal e va lu a ti o n of the 2 t hru la nes west bo und a nd 1 thru lane east b o und option and upd a te th e LOS tabl es. 5. C onsultant s hall attend up to fi ve a dditional meetin gs w ith C ity s ta ff. LA /1 4 82 1-1230-1858 v i -6-