Agreement with Kimley-Horn and Associates, Inc. Page 1
Rev. 07-01-18
EBIX Insurance No. *S20000_____
AGREEMENT FOR SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
KIMLEY-HORN AND ASSOCIATES, INC.
PREAMBLE
This Agreement is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and Kimley-Horn and Associates, Inc., a North Carolina corporation, (Consultant). City and Consultant may be referred to individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”
RECITALS
A. City desires to secure the services more fully described in this Agreement, at Exhibit A, entitled “Scope of Services”;
B. Consultant represents that it, and its subcontractors, if any, have the professional qualifications, expertise, necessary licenses and desire to provide certain goods and/or required services of the quality and type which meet objectives and requirements of City; and,
C. The Parties have specified herein the terms and conditions under which such services will be provided and paid for.
The Parties agree as follows:
AGREEMENT TERMS AND CONDITIONS
1. AGREEMENT DOCUMENTS
The documents forming the entire Agreement between City and Consultant shall consist of these Terms and Conditions and the following Exhibits, which are hereby incorporated into this Agreement by this reference:
Exhibit A1 – Scope of Services
Exhibit A2 – City of Santa Clara SS4A Application Narrative Exhibit B1 – Schedule of Fees
Exhibit B2 – Fees by Task
Exhibit C – Insurance Requirements
Exhibit D – Title VI Assurances
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This Agreement, including the Exhibits set forth above, contains all the agreements, representations and understandings of the Parties, and supersedes and replaces any previous agreements, representations and understandings, whether oral or written. In the event of any inconsistency between the provisions of any of the Exhibits and the Terms and Conditions, the Terms and Conditions shall govern and control.
2. TERM OF AGREEMENT
Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of this Agreement shall begin on June 1, 2024 and terminate on May 31, 2026.
3. SCOPE OF SERVICES & PERFORMANCE SCHEDULE
Consultant shall perform those Services specified in Exhibit A within the time stated in Exhibit A. Time is of the essence. Times for performance shall be extended, as mutually agreed, for delays which are caused by reason of: any factor outside of its reasonable control, including but not limited to natural disasters, epidemics, pandemics, quarantine restrictions, adverse weather, or acts of the City, third parties, or governmental agencies.
4. WARRANTY
Consultant’s services covered by this Agreement shall conform to the specifications, requirements and instructions upon which this Agreement is based. Consultant agrees to promptly replace or correct any incomplete, inaccurate or defective Services at no further cost to City when defects are due to the negligence, errors or omissions of Consultant. If Consultant fails to promptly correct or replace materials or services, City may make corrections or replace materials or services and charge Consultant for the cost incurred by City.
5. QUALIFICATIONS OF CONSULTANT - STANDARD OF CARE
Consultant represents and maintains that it is qualified in the professional calling necessary to perform the Services, and its duties and obligations, expressed and implied, contained herein, and City expressly relies upon Consultant’s representations regarding its skills and knowledge. Consultant shall perform such Services and duties in conformance to and consistent with the professional standards of firms in the same discipline in the State of California.
6. CONFLICT OF INTEREST (FORM 700)
In accordance with the California Political Reform Act (Government Code section 81000 et seq.) and the City’s Conflict of Interest Code, Consultant shall cause each person who will be principally responsible for providing the service and deliverables under this Agreement as having to file a Form 700 to do each of the following:
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A. Complete and file the Form 700 no later than thirty (30) calendar days after the date the person begins performing services under the Agreement and all subsequent Form 700s in conformance with the requirements specified in the California Political Reform Act; and
B. File the Form 700 with the City’s Clerk Office.
7. COMPENSATION AND PAYMENT
In consideration for Consultant’s complete performance of Services, City shall pay Consultant for all materials provided and Services rendered by Consultant in accordance with Exhibit B, entitled “SCHEDULE OF FEES.” The maximum compensation of this Agreement is as specified in Exhibit B1 Section 1, subject to budget appropriations, which includes all payments that may be authorized for Services and for expenses, supplies, materials and equipment required to perform the Services. All work performed or materials provided in excess of the maximum compensation shall be at Consultant’s expense. Consultant shall not be entitled to any payment above the maximum compensation under any circumstance.
8. TERMINATION
A. T
ermination for Convenience . City shall have the right to terminate this Agreement, without cause or penalty, by giving not less than Thirty (30) days’ prior written notice to Consultant.
B. Termination for Default. If Consultant fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided by law, City may terminate this Agreement immediately upon written notice to Consultant.
C. U
pon termination, each P arty shall assist the other in arranging an orderly transfer and close-out of services. As soon as possible following the notice of termination, but no later than ten (10) days after the notice of termination, Consultant will deliver to City all City information or material that Consultant has in its possession.
D. The Consultant shall have the right to terminate this agreement upon ten days written notice to the City upon breach by City of its material obligations by City under this Agreement. In the event of termination, the Consultant shall be paid for all services performed up to the effective date of the termination.
9. ASSIGNMENT AND SUBCONTRACTING
City and Consultant bind themselves, their successors and assigns to all covenants of this Agreement. This Agreement shall not be assigned or
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transferred without the prior written approval of City. Consultant shall not hire subcontractors without express written permission from City.
Consultant shall be as fully responsible to City for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as Consultant is for the acts and omissions of persons directly employed by it.
10. NO THIRD PARTY BENEFICIARY
This Agreement shall not be construed to be an agreement for the benefit of any third party or parties and no third party or parties shall have any claim or right of action under this Agreement for any cause whatsoever.
11. INDEPENDENT CONSULTANT
Consultant and all person(s) employed by or contracted with Consultant to furnish labor and/or materials under this Agreement are independent Consultants and do not act as agent(s) or employee(s) of City. Consultant has full rights to manage its employees in their performance of Services under this Agreement.
12. CONFIDENTIALITY OF MATERIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data, drawings, descriptions, documents, discussions or other information developed or received by or for Consultant and all other written information submitted to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant and shall not, without the prior written consent of City, be used for any purposes other than the performance of the Services nor be disclosed to an entity not connected with performance of the Services. Nothing furnished to Consultant which is otherwise known to Consultant or becomes generally known to the related industry shall be deemed confidential.
13. OWNERSHIP OF MATERIAL
All material, which shall include, but not be limited to, data, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports, designs, technology, programming, works of authorship and other material developed, collected, prepared or caused to be prepared under this Agreement shall be the property of City but Consultant may retain and use copies thereof. City shall not be limited in any way or at any time in its use of said material. However, Consultant shall not be responsible for damages resulting from the use of said material for work other than Project, including, but not limited to, the release of this material to third parties.
14. RIGHT OF CITY TO INSPECT RECORDS OF CONSULTANT
City, through its authorized employees, representatives or agents shall have the right during the term of this Agreement and for four (4) years from the date of
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final payment for goods or services provided under this Agreement, to audit the books and records of Consultant for the purpose of verifying any and all charges made by Consultant in connection with Consultant compensation under this Agreement, including termination of Consultant. Consultant agrees to maintain sufficient books and records in accordance with generally accepted accounting principles to establish the correctness of all charges submitted to City. Any expenses not so recorded shall be disallowed by City. Consultant shall bear the cost of the audit if the audit determines that there has been a substantial billing deviation in excess of five (5) percent adverse to the City.
Consultant shall submit to City any and all reports concerning its performance under this Agreement that may be requested by City in writing. Consultant agrees to assist City in meeting City’s reporting requirements to the State and other agencies with respect to Consultant’s Services hereunder.
15. HOLD HARMLESS/INDEMNIFICATION
A. To the extent permitted by law, Consultant agrees to protect, defend, hold harmless and indemnify City, its City Council, commissions, officers, employees, volunteers and agents from and against any claim, injury, liability, loss, cost, and/or expense or damage, including all costs and attorney’s fees in providing a defense to any such claim or other action, and whether sounding in law, contract, tort, or equity, to the extent arising out of, pertaining to, or related to the negligence, recklessness, or willful misconduct of the Consultant, it’s employees, subcontractors, or agents in the performance, or non-performance, of the Scope under this Agreement.
B. Consultant’s obligation to protect, defend, indemnify, and hold harmless in full City and City’s employees, shall specifically extend to any and all employment-related claims of any type brought by employees, Consultants, subcontractors or other agents of Consultant, against City (either alone, or jointly with Consultant), regardless of venue/jurisdiction in which the claim is brought and the manner of relief sought.
C. To the extent Consultant is obligated to provide health insurance coverage to its employees pursuant to the Affordable Care Act (“Act”) and/or any other similar federal or state law, Consultant warrants that it is meeting its obligations under the Act and will fully indemnify and hold harmless City for any penalties, fines, adverse rulings, or tax payments associated with Consultant’s responsibilities under the Act.
16. INSURANCE REQUIREMENTS
During the term of this Agreement, and for any time period set forth in Exhibit C, Consultant shall provide and maintain in full force and effect, at no cost to City, insurance policies as set forth in Exhibit C.
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17. WAIVER
Consultant agrees that waiver by City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement. Neither City’s review, acceptance nor payments for any of the Services required under this Agreement shall be constructed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement.
18. NOTICES
All notices to the Parties shall, unless otherwise requested in writing, be sent to City addressed as follows:
City of Santa Clara
Attention: Department of Public Works – Traffic Division 1500 Warburton Avenue
Santa Clara, CA 95050
and by e-mail at [email protected]
And to Consultant addressed as follows:
Kimley-Horn and Associates, Inc.
Attention: Adam Dankberg
1300 Clay Street, Suite 325
Oakland, CA 94612
and by e-mail at [email protected]
The workday the e-mail was sent shall control the date notice was deemed given.
An e-mail transmitted after 1:00 p.m. on a Friday shall be deemed to have been transmitted on the following business day.
19. COMPLIANCE WITH LAWS
Consultant shall comply with all applicable laws and regulations of the federal, state and local government, including but not limited to “The Code of the City of Santa Clara, California” (“SCCC”). In particular, Consultant’s attention is called to the regulations regarding Campaign Contributions (SCCC Chapter 2.130), Lobbying (SCCC Chapter 2.155), Minimum Wage (SCCC Chapter 3.20), Business Tax Certificate (SCCC section 3.40.060), and Food and Beverage Service Worker Retention (SCCC Chapter 9.60), as such Chapters or Sections may be amended from time to time or renumbered. Additionally Consultant has read and agrees to comply with City’s Ethical Standards (http://santaclaraca.gov/home/showdocument?id=58299).
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20. CONFLICTS OF INTEREST
Consultant certifies that to the best of its knowledge, no City officer, employee or authorized representative has any financial interest in the business of Consultant and that no person associated with Consultant has any interest, direct or indirect, which could conflict with the faithful performance of this Agreement. Consultant is familiar with the provisions of California Government Code section 87100 and following, and certifies that it does not know of any facts which would violate these code provisions. Consultant will advise City if a conflict arises.
21. FAIR EMPLOYMENT
Consultant shall not discriminate against any employee or applicant for employment because of race, sex, color, religion, religious creed, national origin, ancestry, age, gender, marital status, physical disability, mental disability, medical condition, genetic information, sexual orientation, gender expression, gender identity, military and veteran status, or ethnic background, in violation of federal, state or local law.
22. NO USE OF CITY NAME OR EMBLEM
Consultant shall not use City’s name, insignia, or emblem, or distribute any information related to services under this Agreement in any magazine, trade paper, newspaper or other medium without express written consent of City.
23. GOVERNING LAW AND VENUE
This Agreement shall be governed and construed in accordance with the statutes and laws of the State of California. The venue of any suit filed by either Party shall be vested in the state courts of the County of Santa Clara, or if appropriate, in the United States District Court, Northern District of California, San Jose, California.
24. SEVERABILITY CLAUSE
In case any one or more of the provisions in this Agreement shall, for any reason, be held invalid, illegal or unenforceable in any respect, it shall not affect the validity of the other provisions, which shall remain in full force and effect.
25. AMENDMENTS
This Agreement may only be modified by a written amendment duly authorized and executed by the Parties to this Agreement.
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26. COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but both of which shall constitute one and the same instrument.
The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives.
CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Approved as to Form: Dated:
GLEN R. GOOGINS
City Attorney
JŌVAN D. GROGAN
City Manager
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
“CITY”
KIMLEY-HORN AND ASSOCIATES, INC.
a North Carolina corporation
Dated:
By (Signature):
Name: Adam Dankberg
Title: Vice President
Principal Place of
Business Address:
1300 Clay Street, Suite 325
Oakland, CA 94612
Email Address: [email protected]
Telephone: (510) 625-0712
Fax: N/A
“CONSULTANT”
Agreement with Kimley-Horn and Associates, Inc./Exhibit A1-Scope of Services Page 1 Rev. 07-01-18
EXHIBIT A
SCOPE OF SERVICES
The following Scope of Services defines the services and responsibilities of Consultant and City to professional services for a comprehensive citywide transportation safety analysis and the development of a Vision Zero Plan (“Plan”) throughout Santa Clara.
The Scope of Services, including Exhibit A and Consultant’s proposal response dated February 22, 2024 and BAFO response dated April 9, 2024 provide context, supplemental information, and are incorporated by reference to the extent not inconsistent with the Agreement.
1. GENERAL
Consultant will provide professional services for a comprehensive citywide transportation safety analysis and the development of a Vision Zero Plan (“Plan”) throughout Santa Clara. Consultant will be expected to deliver complete, high-quality services and products within a reasonable schedule, and to consult and work with City staff who are involved with the project.
The City received a grant award from Safe Streets 4 All (SS4A) program for this project and is pending execution of the funding agreement with USDOT.
The goal of this project is to develop a Vision Zero Plan for all modes that is aligned with the Safe System Approach and meets the requirements for future SS4A Implementation grant funding. Required elements can be found in the linked documents in Section 1.5 below and at the SS4A website:
https://www.transportation.gov/grants/SS4A.
The Plan must reflect the goals and actions outlined in the SS4A grant narrative. Refer to Exhibit A2 for the Santa Clara Safety Action Plan Grant Narrative.
This Plan should also meet Caltrans eligibility requirements for Highway Safety Improvement Project (HSIP) grants. The Plan will provide a systematic, citywide approach for identifying, analyzing, and prioritizing safety improvement countermeasures to reduce and prevent fatal and serious injury collisions for all users of the roadways that follows current State and Federal local roads safety plan guidelines. The plan will also include an approach and process for keeping the Safety Action Plan current. The Vision Zero Plan shall be developed in accordance with federal, state, and local guidelines and principles.
Consultant shall utilize the SS4A Action Plan Development Resources including, but not limited to, the following list in the creation of the Vision Zero Action Plan:
1.5.1. Action Plan Self-Certification Checklist
1.1. 1.2.
1.3. 1.4.
1.5. Agreement with Kimley-Horn and Associates, Inc./Exhibit A1-Scope of Services Page 2 Rev. 07-01-18
1.5.2. FHWA Safety Website
1.5.2.1. Safe System Approach
1.5.2.2. Safety Data Analysis & Tools
• Highway Safety Manual
• Systemic Approach to Safety
• C rash Modification Factors Clearinghouse
1.5.2.3. Proven Safety Countermeasures
1.5.2.4. Local & Rural Safety Plans
1.5.2.5. Complete Streets
1.5.3. Caltrans Local Roadway Safety Plan and Systemic Safety Analysis Report Program
1.5.4. County of Santa Clara Local Roadway Safety Plan
1.5.5. MTC Resolution No. 4400: Regional Safety / Vision Zero (VZ) Policy
1.5.6. Vision Zero Network
1.5.7. AASHTO Highway Safety Manual
1.5.8. Equity in Roadway Safety
1.5.9. Integrating Road Safety into NEPA Analysis FHWASA 1136 The Plan shall comply with future funding opportunities for implementing the priority projects including, but not limited to, the following:
1.6.1. Safe Streets and Roads for All Implementation Grants
1.6.2. Highway Safety Improvement Program (HSIP)
1.6.3. Transportation Alternatives (TA) Set-Aside from the Surface Transportation Block Grant (STBG)
1.6.4. Congestion Mitigation and Air Quality Improvement (CMAQ) Program The consultant is expected to incorporate the tasks listed below in Section 3 in their proposed Scope of Services. Consultant is encouraged to incorporate their own expertise into their proposed Scope of Services to be submitted as part of their proposal and propose additions or modifications to this Scope of Services that the Proposer deems necessary or advisable to meet the CITY’s objectives. However, it shall be assumed that the project will include all of the listed tasks in Section 3 specified herein.
2. PROJECT TIMELINE
The City anticipates developing and completing the Vision Zero Plan in 15 months.
Consultant shall propose a workplan and timeline that targets draft plan completion by August 2025 and final Plan adoption by October 2025.
1.6. 1.7.
Agreement with Kimley-Horn and Associates, Inc./Exhibit A1-Scope of Services Page 3 Rev. 07-01-18
3. PROJECT TASKS
Task 1: Project Management & Administration - Refer to the table below for tasks and deliverables for Task 1 Consultant will be responsible for.
Task
# Task Description Task Activities
1 Project Management & Administration
1.1 Project Kick-Off
Meeting
1. Within two weeks after the receipt of a written
“Authorization to Proceed” from the City, the City
and Consultant will have a kick-off meeting to
frame the Plans’ goals, finalize the schedule and
needed data, and discuss community
engagement strategies.
2. Prior to the project kick-off, the consultant shall
prepare and provide a draft data request list for
the planning process, specifically to support
activities in Task 4. City will review the list and
provide guidance on what can be provided by the
City.
3. Consultant shall prepare the meeting agenda and
email it to the City staff before the kick-off
meeting.
1.2 Bi-weekly Project
Updates
1. To keep the project on schedule and meet federal
grant requirements, the Consultant shall
schedule, facilitate, and document bi-weekly
project updates, bi-weekly project meetings,
provide monthly progress reports that include a
project schedule with key milestones and
deliverables as well as a project budget with
itemized costs and fund balances in a checklist,
spreadsheet format.
2. The Consultant’s Project Manager will be
responsible for updating the check-in meeting
agendas in a collaborative document editing
platform such as Google Doc, Microsoft Office,
etc., and summarizing action items and next
steps.
3.1. Agreement with Kimley-Horn and Associates, Inc./Exhibit A1-Scope of Services Page 1 Rev. 07-01-18
Task
# Task Description Task Activities
1.3 File and Data
Sharing
Consultant shall provide City with an online account
or access for file-sharing purposes. All collected
and existing data, community outreach materials,
technical memos, project deliverables shall be
uploaded online. The account must be accessible
by the City throughout the project duration.
1.4 Progress
Reporting
1. Consultant shall assist the City in preparing
progress reports to USDOT including the final
progress report after Plan adoption. The progress
report schedule is shown below, assuming final
Plan adoption by August 2025.
2. Federal Reporting Due Dates (Tentative;
Additional dates may be added if project finishes
after August 2025):
• July 20, 2024
• October 20, 2024
• January 20, 2025
• April 20, 2025
• July 20, 2025
• October 20, 2025
QA/QC Review
Information:
This task covers efforts associated with the internal
quality control and technical review process.
Specifically, the Consultant shall conduct internal
QA/QC discussions and follow-up with technical
experts as necessary during the project. Consultant
shall also perform internal checking or peer review
of all deliverables.
For each project deliverable, the Consultant shall
allow sufficient review time for the City. For major
deliverables such as BPAC presentations, High
Injury Network map, Project and Program
Recommendation, draft Plan and final Plan, the
Consultant shall allow minimum two weeks for
review time and plan for up to three (3) rounds of
consolidated comments from the City.
Comments on data errors and analysis inaccuracy
shall not count as a round of comments as this will
be assumed to be resolved during the project
consultant’s internal QA/QC review.
Agreement with Kimley-Horn and Associates, Inc./Exhibit A1-Scope of Services Page 2 Rev. 07-01-18
Task 1 Deliverables
1.1 (a) Final work plan and schedule
(b) Kick-off meeting agenda and minutes
(c) Initial list of existing and needed data
1.2 (a) Finalized Scope of Work
(b) Bi-weekly project meeting agendas, minutes, and list of action items
1.3 Provide City with access to online file sharing.
1.4 Provide support to City staff on requirements for Federal reporting requirements.
Task 2: Benchmarking & Data Review - Refer to the table below for tasks and deliverables for Task 2 Consultant will be responsible for.
Task
# Task Description Task Activities
2 Benchmarking & Data Review
2.1 Programs, Policy,
and Planning
Benchmarking
1. Consultant shall review all relevant City plans,
projects, policies, programs, and standards to
ensure Vision Zero Plan is developed in
coordination with current requirements.
2. Consultant shall assist City in determining the
hierarchy of existing City plans, policies, and
regulations. The items shall include but not be
limited to:
a. Bicycle Master Plan Update 2018
b. P edestrian Master Plan 2019
c. General Plan
d. Specific Plans/Precise Plans/Focus Plans
(El Camino, Freedom Circle, Patrick Henry,
Lawrence Station, Tasman East,
Downtown, Santa Clara Station)
e. Bike & Pedestrian Projects (Pruneridge, De
La Cruz/Coleman, Walsh/Martin, Benton,
Monroe, Bassett-Laurelwood, Lafayette,
Bowers, Lick Mill/Scott/De La Cruz, Central
Santa Clara Bicycle and Pedestrian
Improvement Project)
f. Creek Trail Master Plan
g. Stevens Creek Blvd Vision Study
h. Private Developments (Kylli, Related,
Great America Theme Park)
3.2. ___________ _
Agreement with Kimley-Horn and Associates, Inc./Exhibit A1-Scope of Services Page 3 Rev. 07-01-18
Task
# Task Description Task Activities
2 Benchmarking & Data Review
i. Complete Streets Policy
j. Safe Routes to School Program
k. Neighborhood Traffic Calming Program
l. Shared Mobility Program
m. Joint On-Demand Shuttle Program
(Cupertino and Santa Clara)
n. City Design Standards
o. Future uncontrolled crosswalk projects
p. Transportation Management and
Operations Plan for the Levi’s Stadium in
Santa Clara
3. Consultant shall review local, statewide, and
federal policies, plans, guidelines, and/or
standards to identify opportunities to improve
how City processes prioritize safety.
Consultant shall also review policies, plans,
and benchmarking assessments from other
cities in the Bay Area that have existing Vision
Zero Plans and recommend how City can learn
from them. The benchmarking assessment will
be based on the tool recommended in the
FHWA Primer on Safe System Approach for
Pedestrians and Bicyclists. In this assessment,
Consultant will recommend Vision Zero policies
that apply to City’s review of new development
projects, City projects, and other agency
projects within Santa Clara.
4. Consultant will identify a target date to reach
zero fatalities and serious injuries and a target
date to achieve significant declines (50%
reduction) in roadway fatalities and serious
injuries, to be reviewed and approved by the
City. Target dates shall be developed through
consideration of realistic schedules for capital
project improvements, policy changes, and
implementation of proposed programs.
2.2 Vision Zero Task
Force
1. Consultant shall lead efforts with the City to
establish a Vision Zero Task Force including
Agreement with Kimley-Horn and Associates, Inc./Exhibit A1-Scope of Services Page 4 Rev. 07-01-18
Task
# Task Description Task Activities
2 Benchmarking & Data Review
representatives from City Public Works staff,
City Police, County Roads & Airport and Public
Health staff, Caltrans, BPAC (up to 2
representatives), Senior Advisory Commission
representative, VTA, school districts,
college/university representatives, other local
safety advocacy groups such as Silicon Valley
Bicycle Coalition, Silicon Valley Chamber of
Commerce, and other major employers.
Consultants may propose additional
representatives from other organizations.
2. Consultant will schedule the first meeting with
the Vision Zero Task Force to provide a primer
on the Safe System Approach to understand
what supporting policies, resolutions, and/or
ordinances may be helpful to support the plan
implementation and any ongoing meetings (see
Task 3.5 for more details).
2.3 Data Review
1. Consultant will review and assess the quality
and completeness of existing available data –
including crash, transportation, land use, and
demographic data.
2. Summarize and identify gaps in the data and
how to efficiently and effectively develop any
additional public input data to be used in the
Plan development.
3. If analysis methods require more information,
the Consultant may propose additional data
collection in their scope of work and fee for
review and approval.
2.4 Data Collection 1. Consultant will work with the City to identify locations that do not have historical or relevant
traffic counts.
2. The City may consider the use of “Big Data” (i.e.
StreetLight) for additional traffic data for the
project.
3. The Consultant may conduct site visits of
corridors with frequent collisions to analyze
Agreement with Kimley-Horn and Associates, Inc./Exhibit A1-Scope of Services Page 5 Rev. 07-01-18
Task
# Task Description Task Activities
2 Benchmarking & Data Review
existing operations. Site visits may include
Consultant, City staff, BPAC, and selected
stakeholders.
Task 2 Deliverables
2.1 Benchmarking assessment technical memo including safety goal and programs, policies, data review, and practices recommendations as a section of the Draft Plan. The assessment will include a hierarchy of plans, policies, and regulations related to Vision Zero and any proposed updates on existing plans, policies, and regulations to align with current state of practice.
The memo should also include a literature review summary of current efforts to address transportation safety – including strategies and best practices other jurisdictions are using to address safety, identifying programs that have evidence of measurable success and assessments of the most effective and efficient methods used to achieve outcomes.
2.2 Agendas and meeting minutes with Vision Zero Task Force
2.3 Technical report on the data review
2.4 List of additional data and collection methodology (if applicable)
Task 3: Community Engagement - Refer to the table below for tasks and deliverables for Task 3 Consultant will be responsible for.
Task
# Task Description Task Activities
3 Community Engagement
(All meetings will be publicly noticed to ensure maximum attendance. All public notices must be in English, Chinese, and Spanish – the three primary languages spoken at home in Santa Clara. Translator and sign language interpreters will be present at all meetings if requested.)
3.1 Community
Engagement Plan
& Schedule
Development
The Consultant will prepare a Community
Engagement Plan and provide a project timeline
for implementing an equitable and authentic
public engagement process. While in-person
public engagement is preferred, virtual
engagement methods should also be utilized.
The Consultant shall consider the following for their
public engagement strategy:
• Identify communities that are
3.3. _________ _
Agreement with Kimley-Horn and Associates, Inc./Exhibit A1-Scope of Services Page 6 Rev. 07-01-18
Task
# Task Description Task Activities
disproportionately impacted by traffic risks
and ensure that they are getting
representation and feedback from these
traditionally underrepresented communities.
• Utilize tools to meaningfully engage
communities, including preferred engagement
techniques. Different tools can include
community workshops, online surveys,
interactive web map, and walking tours.
• Engage with Bicycle and Pedestrian Advisory
Committee, Senior Advisory Commission,
Youth Commission, ADA Committee, and
Parks and Recreation Commission, and
communities from early stage of the process
and keep them informed throughout the
process.
• Create a tool to document and share the
impact of engagement on decision-making.
• Assess the feedback received, including the
activity and participants engaged, and how the
feedback will be incorporated into the Vision
Zero Plan.
3.2 Project
Promotion/Website
1. Consultant shall create content to be placed on
the City’s project website to promote outreach
and education materials, document meetings,
announce public events, and provide a forum
for the public to submit comments. Promotional
items may include slogan/taglines. Consultant
can propose additional engagement strategies
for City’s consideration.
2. Consultant shall create and monitor a project
phone number and email address for the public
to submit voicemail and/or email comments. A
project phone number will ensure members of
the public who do not have a smart phone,
computer, or internet access have a method
for providing comments.
3. Consultant shall identify up to fifteen (15) key
corridors and up to ten (10) other hotspots or
residential streets within the City, create and
Agreement with Kimley-Horn and Associates, Inc./Exhibit A1-Scope of Services Page 7 Rev. 07-01-18
Task
# Task Description Task Activities
produce roadway signs with project information
to be placed along each key corridor on street
pole lights. The amount of roadway signs will
be 10 to 20 signs per corridor depending on
corridor length (maximum 300 signs). The
signs will be customized 18-inch x 24-inch
corrugated plastic signs. Signs shall be
delivered to City facilities to be installed by City
staff. Consultant may propose alternative
messaging method such as street banners to
maximize public engagement and provide a
cost estimate for review and approval.
4. Consultant will create an interactive safety data
dashboard displaying the results of the
Collision Data Analysis. An example from the
City of San Jose:
https://www.sanjoseca.gov/your-
government/departments-
offices/transportation/safety/vision-zero/maps-
data
5. The data dashboard will be hosted on the
City’s project website.
3.3 Community
Surveys (up to 4
surveys)
Consultant shall create up to four (4) online
community surveys to obtain additional public input.
The survey will be used in addition to the website,
phone number, and community outreach events and
shall align with the community meetings.
• Survey #1 – Public Input on traffic safety
concerns citywide and identify locations where
do they have most traffic concerns. Public can
report near-misses and stressful locations.
Survey should include a citywide pin-map
where the public can note locations and add
comments to report observed safety issues.
• Survey #2 – Public input on collision analysis,
High-injury Network (HIN)
• Survey #3 – Public input on programs and
policies, countermeasure toolkit
Agreement with Kimley-Horn and Associates, Inc./Exhibit A1-Scope of Services Page 8 Rev. 07-01-18
Task
# Task Description Task Activities
• Survey #4 – Public input on project priority list
3.4 Outreach
Events/Pop-Ups
Consultant shall conduct outreach at up to five (5)
major public events and/or up to five (5) pop-up
events (Art & Wine Festival, 4th of July Picnic,
Christmas Tree lighting, Bike to Work Day, Earth
Day).
Consultant shall distribute
flyers/postcards/promotional items to the public
and/or assist City in posting project signs at other
popular City places (i.e. City Library, Reed Street
Dog Park, Central Park, Farmer’s Market, Mission
College/Santa Clara University, Caltrain Station,
church festivals) in order to inform the community of
the project and solicit feedback from the community
about the conceptual design alternatives. One
potential meeting may be a high school pop-up
event.
3.5 Vision Zero Task
Force Meetings
(Up to 3 meetings)
Consultant shall schedule and lead up to three (3)
Vision Zero Task Force Meetings with the following
anticipated themes:
1. Project Introduction, Safe System Approach
and Vision Zero Goals
2. Review collision data, High Injury Network,
and proposed Countermeasure tools,
Programs and Policies
3. Review and provide feedback on Priority
Project List, Proposed Programs, and Draft
final plan.
3.6 Community
Workshops
1. Consultant shall conduct a minimum of four (4)
community workshops to engage the public, solicit
feedback, and inform the staff and council on the
community’s priorities. The Consultant is
encouraged to identify specific outreach
techniques in the work plan to maximize public
participation and hear the community’s voice. The
community meetings will either be in person or
virtual. Consultant may propose additional
community workshops as they see appropriate for
successful project delivery.
a. Community Meeting #1: Consultant shall
Agreement with Kimley-Horn and Associates, Inc./Exhibit A1-Scope of Services Page 9 Rev. 07-01-18
Task
# Task Description Task Activities
introduce the project to the public and
solicit feedback from the community about
Vision Zero policies and goals and ask for
their input on near-miss collisions and
stressful locations.
b. Community Meeting #2: Consultant shall
present collision analysis and high injury
network. Public comments will be used to
inform staff and the Council on the HIN.
c. Community Meeting #3: Consultant shall
present Programs and Policies and
countermeasure toolkit.
d. Community Meeting #4: Consultant shall
present results of project priority list and
obtain public input.
2. Consultant shall provide all materials necessary to
conduct a public meeting either in person such as
poster boards or virtual such as a PowerPoint
presentation to support methods identified in the
work plan.
3. Consultant shall assist staff to advertise each
public meeting by preparing a writeup to be
submitted to the City’s Communications
Department for release through the City’s website,
City Manager blog, and social media channels
such as Facebook, Twitter, and Next Door.
4. Consultant shall also post the Draft Plan (when
ready) on the project webpage for public
comments. Public review of the Draft Plan will
also occur through the committee meetings’ public
comment opportunities.
Agreement with Kimley-Horn and Associates, Inc./Exhibit A1-Scope of Services Page 10 Rev. 07-01-18
Task
# Task Description Task Activities
3.7 Bicycle and
Pedestrian
Advisory
Committee
(BPAC) Meetings
Consultant shall meet with the City’s BPAC to gather
input and feedback at up to five (5) BPAC meetings.
The purpose of the meetings is described below:
• Meeting #1: Consultant shall introduce the
project to the BPAC including the Safe System
approach and solicit feedback from members
on Vision Zero policies, best practices, and
goals. City will ask BPAC to select up to two
representatives to serve on the Vision Zero
Task Force.
• Meeting #2: Consultant shall present collision
data analysis and obtain input on draft High
Injury Network.
• Meeting #3: Consultant shall present Programs
and Policies, and Countermeasure toolbox.
• Meeting #4: Consultant shall present project
priority list and draft Plan to receive BPAC
input.
• Meeting #5: Consultant shall present the final
Plan to the BPAC for adoption prior to City
Council.
3.8 Commission
Meetings
City staff will attend the Commission meetings.
Consultant shall provide up to 10 hours of support to
the City to prepare presentation materials and
reports for up to four (4) meetings in total, i.e. Youth Commission, Senior Advisory Commission, Parks
and Recreation Commission, and ADA Committee.
3.9 City Council
Meetings (Up to 2)
1. Consultant shall assist staff to present the project at up to two (2) Council meetings.
2. Consultant shall provide all the materials
necessary to present at the Council meetings to
support methods identified in the work plan.
3. Consultant shall assist staff to advertise each
meeting by preparing a writeup to be submitted to
the City’s Communications Department for
release through City of Santa Clara website, City
Manager blog, and all of the social media
channels such as Facebook, Twitter, and Next
Door.
Agreement with Kimley-Horn and Associates, Inc./Exhibit A1-Scope of Services Page 11 Rev. 07-01-18
Task
# Task Description Task Activities
Task 3 Deliverables
3.1 Provide a community engagement strategy and timeline for the Department review and approval.
3.2 (a) Assist City in creating the project webpage.
(b) Dedicated project contact including email, voicemail, and promotional signage.
(c) Interactive safety data dashboard
3.3 Up to four (4) Community Surveys and summary of survey results, such as near-miss collisions, stressful locations, public comments, etc.
3.4 (a) Participation in up to five (5) Community Events (b) Participation in up to five (5) additional pop-ups
(c) Summary of outreach outcomes.
3.5 Prepare agendas, all presentation materials, and meeting minutes for up to (3) Vision Zero Task Force meetings.
3.6 (a) All presentation materials necessary for Community Workshops. (b) Summary of Frequently Asked Questions from the public.
3.7 Prepare all presentation materials and staff report for up to five (5) BPAC meetings.
3.8 Prepare all presentation materials and reports for up to four (4) Commission meetings.
3.9 Prepare all presentation materials and staff report for up to two (2) City Council meetings.
Task 4: Collision Data Collection & Analysis - Refer to the table below for tasks and deliverables for Task 4 Consultant will be responsible for.
The City will provide the Consultant with collision data from Crossroads for the last eight years (2016 – 2023). The Consultant will also collect and review collisions, traffic, and roadway from 2016 – 2023 from California Statewide Integrated Traffic Records System (SWITRS) and/or UC Berkeley SafeTREC’s Transportation Injury Mapping System (TIMS) to understand critical safety issues and provide insight into trends, causes, and patterns of transportation safety throughout the region.
The data analysis and final recommendations will prioritize the “3 Es” of traffic safety: Engineering, Enforcement, and Education, and will also include a fourth “E”: Equity.
Task
# Task Description Task Activities
4 Collision Data Collection and Analysis
4.1 Existing
Conditions
Analysis
1. Analyze existing conditions and historical trends
that provide a baseline level of crashes. The
analysis will document traffic patterns, mode
share, roadway features, traffic volumes, crash
I
3.4. _______ _
Agreement with Kimley-Horn and Associates, Inc./Exhibit A1-Scope of Services Page 12 Rev. 07-01-18
Task
# Task Description Task Activities
types, driver factors, and environmental
conditions with special attention to fatalities and
serious injuries.
2. Collect and analyze public inputs on near-
misses and/or unreported collisions from
community surveys.
3. Summarize crash characteristics and determine
the most likely contributing factors, matching
crash activity with roadway characteristics such
as speed limits, intersection controls,
streetlights, pedestrian crossings, railroad
crossings, etc., for each road user (vehicles,
motorcycles, bicycle riders, and pedestrians).
4. Summarize collision data in figures using City
maps showing top intersections and roadway
segments with overall collisions, serious injury
collisions, vulnerable road user (bicycle and
pedestrian) collisions, etc.
4.2 High Injury
Network (HIN)
Maps
1. The consultant will first develop criteria and
methodology for the analysis for City’s review
and approval. The methodology should
include but not limit to weight assignment to
collision types, thresholds of “priority” projects,
normalization.
2. Identify and develop a High Injury Network
(HIN). The HIN shall be developed inclusive of
the County and Caltrans jurisdictions to
coordinate what locations and projects will
require cross-jurisdictional collaboration. In
this task, City staff will work directly with the
Consultant to understand existing conditions
in Santa Clara, especially reviewing the risk-
based High injury network and developing the
final high-injury network. The high-injury
network shall not include mainline freeway
segments (US 101, I-280, SR 237).
3. Develop the following heat maps:
a. High Injury Intersections and High Injury
Agreement with Kimley-Horn and Associates, Inc./Exhibit A1-Scope of Services Page 13 Rev. 07-01-18
Task
# Task Description Task Activities
Corridors – All Modes
b. Pedestrian High Injury Network
c. Bicycle High Injury Network
d. Automobile and Motorcycle High Injury
Network
4. Develop recommendations to coordinate with
other agencies to implement the cross-
jurisdictional projects.
4.3 Develop Collision
Profiles
Building on the collision analysis, Consultant will
define up to ten (10) collision profiles to extrapolate collision history to contextual settings. Use best
practices, methods, and datasets identified in Task
2 to inform the Action Plan and Project
Prioritization, including:
1. prevalence of crash types, especially those
resulting in fatalities and serious injuries.
2. citywide distribution of crashes, including
geographic locations of crashes as well as
road typologies or system characteristics.
3. data that connects prevalent risk and crash
characteristics to agency policy and
processes, including implementing proven
safety countermeasures, identifying projects
or locations for priority funding, and
supporting local project development.
Task 4 Deliverables
4.1 Existing Conditions Memo
4.2 (a) Complete collision analysis identifying priority corridors, intersections, and concentration areas. A memorandum will be prepared for City review and will be revised based on up to three (3) rounds of consolidated comments. This memorandum will be folded into chapter(s) of the Draft Plan.
(b) The HIN maps geocoded in GIS and in PDF format
4.3 Up to ten collision profiles
Task 5: Countermeasure Toolbox - Refer to the table below for tasks and deliverables for Task 5 Consultant will be responsible for.
Task
# Task Description Task Activities
5 Countermeasure Toolbox Development
3.5. __
I I
Agreement with Kimley-Horn and Associates, Inc./Exhibit A1-Scope of Services Page 14 Rev. 07-01-18
5.1 Develop
Countermeasure
Toolbox
1. The Consultant in conjunction with City staff
will identify countermeasures to systemically
address the emphasis areas and high-risk
corridors and intersections.
2. The countermeasures must at least include
the “3 Es” of traffic safety (Engineering,
Enforcement, and Education) and Equity and
incorporate a Safe System Approach. The
consultant will include Evaluation strategies
and performance measures to measure
progress over time and be tracked.
3. In addition, Consultant shall identify
correlations between countermeasures and
federal performance measures. A process will
need to be set up to ensure transparency in
reducing roadway fatalities and serious
injuries.
4. The toolbox should also include concept
diagrams and high-level cost estimates for the
priority areas and high-risk corridors and
intersections.
Task 5 Deliverables
5.1 Draft Countermeasure Toolbox
Final Countermeasure Toolbox
Task 6: Transportation Equity Assessment - Refer to the table below for tasks and deliverables for Task 6 Consultant will be responsible for.
Task
# Task Description Task Activities
6 Transportation Equity Assessment
6.1 Transportation
Equity
Assessment
1. Consultant will perform a transportation equity
assessment to better understand how current
transportation systems, services, and
decision-making processes impact the lives of
all users, including underserved and
underrepresented communities. This should
include an analysis of systems, services, and
processes that support safe and easy-to-use
multimodal options, amenities that are
accessible to all populations for reaching
destinations independently, and strategies to
reduce socioeconomic disparities experienced
by underserved and underrepresented
3.6. ____________ _
Agreement with Kimley-Horn and Associates, Inc./Exhibit A1-Scope of Services Page 15 Rev. 07-01-18
Task
# Task Description Task Activities
communities.
2. The City’s Equity Priority Communities (EPC)
can be found
https://opendata.mtc.ca.gov/datasets/equity-
priority-communities-plan-bay-area-
2050/explore?location=37.878600%2C-
122.370850%2C9.04 and the latest CalEnviro
Screen: https://oehha.ca.gov/calenviroscreen .
3. As part of this task, Consultant shall develop
and assess transportation indicators that easily
measure transportation barriers in
underserved and underrepresented areas
and/or potential structural inequalities that
different population groups may face.
4. These indicators should include, at a
minimum:
a. Accessibility
b. Connectivity
c. Effectiveness
d. Environment
e. Health
f. Mobility
g. Safety
h. Level of community engagement
i. Other equity indicators, as required.
5. Consultant shall develop one map showing
collisions compared to EPCs and vulnerable
communities.
Task 6 Deliverables
6.1 Document equity considerations, processes, and assessments, to be included as a section in the Draft Plan. The assessment includes a map showing collision data compared to EPCs and vulnerable communities.
Task 7: Implementation Plan & Programs - Refer to the table below for tasks and deliverables for Task 7 Consultant will be responsible for.
3.7. Agreement with Kimley-Horn and Associates, Inc./Exhibit A1-Scope of Services Page 16 Rev. 07-01-18
Task
# Task Description Task Activities
7 Implementation Plan & Programs
7.1 Develop Priority
Projects and
Programs
1. Consultant will identify a list of priority projects based on the results of Tasks 4, 5 and 6, and
recommendations for Education and
Enforcement Programs. Strategies, potential
projects, and programs will be focused on the
“3 Es” of transportation safety and equity.
2. The recommendation of priority projects,
programs, and policies can be based on facility
types and/or certain geographic focus areas of
the City including but not limited to Santa Clara
downtown, Levis’ Stadium & Convention
Center, El Camino Real, and Santa Clara
University.
3. This task will include an assembly of projects
identified in existing plans, reviewed for
consistency with the Safe System Approach.
Where projects have not been identified on the
City’s HIN, high level project concepts with a
list of potential countermeasures will be
developed with City staff. Systemic or citywide
projects will be envisioned to match the
citywide systemic profiles where planned
projects are also not in place.
7.2 Develop
Implementation
Plan & Program
1. Consultant shall develop an Implementation
Plan & Program for the Vision Zero effort, time
ranges when projects and strategies will
ideally be deployed, cost estimates (including
capital improvement costs for priority projects,
typical costs for items included in the
countermeasure toolbox, and startup/annual
costs for recommended programs and
policies), and explain project prioritization
criteria.
2. The Implementation Plan & Programs will:
a. Recognize the needs of all users of the
multimodal transportation system.
b. Include potential projects that are feasible
and applicable for grant funding.
c. Include conceptual infrastructure
improvements with quantifiable costs.
Agreement with Kimley-Horn and Associates, Inc./Exhibit A1-Scope of Services Page 17 Rev. 07-01-18
Task
# Task Description Task Activities
7 Implementation Plan & Programs
d. Include a schedule for implementation.
e. Identify roles and responsibilities for
implementation.
f. Address project evaluation and prioritization.
3. Strategies and recommendations will consider
and outline fiscal and employee resources
necessary for a continued, sustained, and
successful effort to achieve traffic safety goals.
A project readiness timeline for each strategy
and project should be included (i.e., short-term
= up to five years; mid-term = five to ten years;
long-term = 10+ years).
4. The Consultant will also develop a strategy for
implementing safety measures included in
Task 5 (Countermeasure Toolbox) and a
means to monitor safety outcomes to evaluate
which measures are most effective for the City.
5. The Consultant will identify potential projects
for future grant applications, measures that
can be included in regular maintenance cycles,
and potential updates to regional design
standards to better align safety best practices.
6. Consultant shall develop concept plans for 10
priority projects that can be used for future
grant applications. Concept plans shall be
developed over high-quality aerials showing
existing conditions. Consultant shall
supplement concept designs with other
planning-level diagrams that can be shared
during public presentations.
7.3 Develop
Evaluation Plan
Identify on-going actionable steps to evaluate and
monitor Vision Zero performance after Plan
adoption.
Task 7 Deliverables
7.1 (a) Final Prioritized Project, Programs and Policies, revised with up to three (3) rounds of consolidated comments.
(b) Concept plans for top 10 priority projects
Agreement with Kimley-Horn and Associates, Inc./Exhibit A1-Scope of Services Page 18 Rev. 07-01-18
Task
# Task Description Task Activities
7 Implementation Plan & Programs
7.2 Vision Zero Implementation Plan & Program
7.3 Vision Zero Evaluation & Monitoring Plan
Task 8: Draft and Final Plan - Refer to the table below for tasks and deliverables for Task 8 Consultant will be responsible for.
Task
# Task Description Task Activities
8 Draft and Final Plan
8.1 Vision Zero Plan
Draft Report 1. Consultant will prepare a draft Plan for public review and comment.
2. Specifically, the consultant should develop a
final report that:
a. Is organized and communicates a clear
message both graphically and with
accompanying text.
b. Is easy to read and understand.
c. Explains key implications as they relate to
policies, programs, practices, strategies,
infrastructure projects, funding, and other
recommendations.
3. Consultant will revise the draft Plan based on
public input. Consultant shall provide City with
appropriate presentation materials for final
review and adoption of the Vision Zero Plan.
8.2 Vision Zero Plan
Final Report
1. Upon final review and consent by city staff, the
Consultant will develop a final report that is
visually appealing, easy for stakeholders to
understand and communicates action plan
strategies and recommendations.
2. Upon final project completion, the consultant will be responsible for providing a high-resolution final
Vision Zero Plan in PDF format. The Consultant is
also expected to provide City with all data and
study products. All community engagement
summaries and technical analyses should be
included as an appendix of the study.
I
3.8. ____ _
Agreement with Kimley-Horn and Associates, Inc./Exhibit A1-Scope of Services Page 19 Rev. 07-01-18
Task
# Task Description Task Activities
8 Draft and Final Plan
8.3 Executive
Summary/Fact
Sheet
The Consultant shall develop a brief executive
summary or fact sheet in PDF format, which relays
all pertinent information in an easy-to-follow format.
The summary should be concise and highly
graphic, highlighting major assumptions, strategies,
and recommendations.
Task 8 Deliverables
8.1 Draft Plan
8.2 Electronic copy of the Final Plan
8.3 Electronic copy of the Executive Summary/Fact Sheet
4. OPTIONAL TASKS
Consultant may propose optional tasks for this project including the following:
Optional Task for Task 2.2: Continue 6-month collaboration with the Vision Zero Task Force and report back Vision Zero monitoring and evaluation.
Optional Task for Task 2.4: Obtain “Big Data” for citywide travel data including bicycle, pedestrian and vehicle trips and speed.
Optional Task for 2.4: Conduct site visit(s) of up to three corridors with frequent collisions.
Optional Task for Task 3.2: Conduct local small-scale media campaign such as banners at schools and bus stop advertisements.
Optional Task for Task 3.2: Purchase and distribution of Vision Zero promotional/safety items (up to $5,000 for purchase of items).
Optional Task for Task 5.1: Collect Emergency Response data and develop Emergency Response strategies and countermeasures.
4.1. 4.2.
4.3. 4.4.
4.5. 4.6.
Agreement with Kinley-Horn and Associates, Inc./Exhibit A2-City of Santa Clara SS4A Application Narrative Page 1
Rev. 07-01-18
EXHIBIT A2
CITY OF SANTA CLARA SS4A APPLICATION NARRATIVE
The following is the City’s submittal narrative:
E. Application Review Information
1. Selection Criteria
This section specifies the criteria DOT will use to evaluate and select applications for SS4A grant awards. The Department will review merit criteria for all applications. Each of the two grant types to be made available through the SS4A grant program, Action Plan Grant and Implementation Grant, will have its own set of application review and selection criteria.
i. Action Plan Grant Selection Criteria
For Action Plan Grants, the Department will use three evaluation criteria. The Department will evaluate quantitative data in two selection criteria areas: #1 Safety Impact; and #2 Equity. The Department will also assess the narrative for #3 Additional Safety Considerations. Costs will also be considered.
Selection Criterion #1: Safety Impact. The activities are in jurisdictions that will likely support a significant reduction or elimination of roadway fatalities and serious injuries involving various road users, including pedestrians, bicyclists, public transportation users, personal conveyance and micromobility users, motorists, and commercial operators, within the timeframe proposed by the applicant. The Department will assess safety impact using two quantitative ratings:
• The count of roadway fatalities from 2016 to 2020 based on DOT’s FARS data, an alternative traffic crash dataset, or a comparable data set with roadway fatality information:
30 • The fatality rate, which is calculating using the average from the total count of fatalities from 2016 to 2020 (based on FARS data or an alternative traffic crash dataset) divided by the 2020 population of the applicant’s jurisdiction based on 2020 U.S. Census population data.
(30/5 = 6)/127,647 = 0.0047% or 4.7 per 100,000 persons
Selection Criterion #2: Equity. The activities will ensure equitable investment in the safety needs of underserved communities in preventing roadway fatalities and injuries, including rural communities. The Department will assess the equity criterion using one quantitative rating:
• The percentage of the population in the applicant’s jurisdiction that resides in an Underserved Community Census tract.24 Population of a Census tract, either a tract that is Underserved Community or not, must be based on 2020 U.S. Census population data.
29,591 / 127,647 = 23.18%
Selection Criterion #3: Additional Safety Considerations. The Department will assess whether the applicant has considered any of the following in the development of the Action Plan:
• Employ low-cost, high-impact strategies that can improve safety over a wider geographical area;
• Engage with a variety of public and private stakeholders (e.g., inclusive community engagement, community benefit agreements, etc.);
Agreement with Kinley-Horn and Associates, Inc./Exhibit A2-City of Santa Clara SS4A Application Narrative Page 2
Rev. 07-01-18
• Seek to adopt innovative technologies or strategies to promote safety and equity; and • Include evidence-based projects or strategies.
• The applicant must address these considerations in narrative form.
The City of Santa Clara proposes to develop an Action Plan that will include a comprehensive citywide safety analysis to identify the highest types, locations, severity, and demographic users of collisions occurring within the City. A collision countermeasure toolbox will be developed based on recommendations within the AASHTO Highway Safety Manual and the Caltrans Local Roadway Safety Manual. The countermeasure toolbox will select low-cost, high-impact strategies that are based collision reduction factors and the evidence of high collision types and high severity collisions found in the safety analysis. These strategies, in addition to high-cost long term improvements, will be applied to high collision locations throughout the City.
The Action Plan countermeasure toolbox may include roadway design features that address safety as well as programmatic measures. These will be based on the latest technology available including passive pedestrian and bicycle detection, signal phase extensions, and traffic control improvements. Other innovative measures will include roadway markings, road diets, “quick-build” items, educational programs and enforcement campaigns. In addition, the countermeasure toolbox will also consider strategies based on past experiences by other jurisdiction Local Roadway Safety Plans, Vision Zero Plans, and Action Plans. These experiences will be used to develop the Vision Zero Action Plan for Santa Clara.
The Action Plan will also complete robust community engagement to engage various stakeholders. The Plan will use Community Workshops, Community Event Pop-ups Community Walk Audits, and Online Surveys to engage with public stakeholders within the community. The Plan will also use Technical Advisory Group Meetings, Business Group Meetings, and Safe Routes to School Meetings to engage with City staff stakeholders, private stakeholders, and the school district.
Agreement with Kimley-Horn and Associates, Inc./Exhibit B1-Schedule of Fees Page 1 Rev. 07-01-18
EXHIBIT B1
SCHEDULE OF FEES
1. MAXIMUM COMPENSATION
1.1. The maximum amount payable for all services provided under this Agreement shall not exceed Five Hundred Fifty-Six Thousand Five Hundred Thirty-Six Dollars ($556,536), during the term of the Agreement. No additional services will be performed unless both Parties execute an amendment outlining the services requested and the compensation agreed for such services.
1.2. All payments are based upon City’s acceptance of Consultant’s performance of services specified in Exhibit A1, Scope of Services. City shall have no obligation to pay unless Consultant has successfully completed the work for which payment is due.
1.3. The compensation to be paid by the City is specified below:
Table B1: Total Compensation
Description Total
Task 1: Project Management & Administration $50,354
Task 2: Benchmarking & Data Review $27,092
Task 3: Community Engagement $75,387
Task 4: Collision Data Collection & Analysis $44,254
Task 5: Countermeasure Toolbox $28,949
Task 6: Transportation Equity Assessment $22,063
Task 7: Implementation Pan & Program $59,159
Task 8: Draft & Final Plan $63,235
Other Direct Costs (Including subcontractor: Circlepoint) $135,449 TOTAL FOR ALL TASKS AND OTHER DIRECT COSTS $505,942
Contingency $50,594
TOTAL MAXIMUM COMPENSATION NOT-TO-EXCEED $556,536
1.4. In the event, there is a need to move allocated hours from one task to a different task the City and Consultant must agree in writing to this change. This will not change the not-to-exceed maximum compensation of this Agreement.
1.5. See Exhibit B2 for task breakdown by cost and hours.
2. FEES
2.1. All hourly rates are fixed for the Term of the Agreement
2.2. The hourly rates for Consultant’s Personnel are listed below in Table B2:
Agreement with Kimley-Horn and Associates, Inc./Exhibit B1-Schedule of Fees Page 2 Rev. 07-01-18
Table B2: Hourly Rates
Title Hourly Rate
Kimley-Horn and Associates
Project Manager: Robert Paderna $ 288.35
Principal-in-Charge: Mike Colety $ 411.80
QC/QA: Frederik Venter $ 445.98
QC/QA: Brian Sowers $ 388.29
Analyst $ 174.38
Professional I $ 243.09
Professional II $ 264.62
Project Support $ 132.39
Senior Professional I $ 314.04
Senior Professional II $ 366.22
Circlepoint
Art Director $ 191.67
Assistant/Coordinator $ 105.00
Associate $ 129.56
Project Manager $ 178.35
Senior Associate $ 150.00
Senior Principal $ 305.28
Senior Project Manager $ 225.63
Senior Web/Graphics $ 164.96
Web/Graphics $ 143.99
3. INVOICING REQUIREMENTS
3.1. Consultant shall invoice the City on a monthly basis for the percentage of services completed for each task by Consultant during the preceding month and provide the invoice in a format approved by the City, including but not limited to the information listed under Section 3.3 below.
3.2. City shall pay Consultant within thirty (30) days of City’s receipt of an approved invoice.
3.3. Invoices shall include, at a minimum, the following:
3.3.1. Identify the task services were provided for;
3.3.2. Description of work performed;
3.3.3. Deliverables completed;
Agreement with Kimley-Horn and Associates, Inc./Exhibit B1-Schedule of Fees Page 3 Rev. 07-01-18
3.3.4. Amount for services provided by task with a detailed breakout of all costs incurred and supporting documentation, including direct labor, indirect costs, other direct costs, travel, etc.; and
3.3.5. The not-to-exceed amount for the task, invoiced amount to date, amount for the current invoice, and remaining not-to-exceed amount for the task.
4. OPTIONAL TASKS
4.1. The following optional tasks are available from Consultant at the City’s discretion for the following fee:
OPTION DESCRIPTION HOURS Total
O – 2.2
Continue 6-month collaboration with the Vision
Zero task Force and report back Vision Zero
monitoring and evaluation
$6,418
Project Manager: Robert Paderna 15 Analyst 12
O – 2.4
Obtain “Big Data” for citywide travel data including
bicycle, pedestrian and vehicle trips and speed. $7,588 Professional I 14 Analyst 24
O – 2.4
Conduct site visit(s) of up to three corridors with
frequent collisions. $6,896
Project Manager: Robert Paderna 10
Senior Professional II 10
Analyst 5
O – 3.2
Conduct local small-scale media campaign such as
banners at schools and bus stop advertisements. $9,948
Project Manager: Robert Paderna 2
Senior Professional II 8
Professional I 10
Analyst 23
O – 5.1
Emergency Response Data Collection and Strategy $3,923
Project Manager: Robert Paderna 2
Senior Professional I 2
Professional II 5
Analyst 8
.
Agreement with Kimley-Horn and Associates, Inc./Exhibit B2-Fees by Task Page 1 Rev. 07-01-18
EXHIBIT B2
FEES BY TASK
TASK
# DESCRIPTION BUDGETED
HOURS
HOURLY
RATE TOTAL
1 Project Management & Administration
1.1 Project Kick-Off Meeting $3,357
Project Manager: Robert Paderna 3 $288.35 $865
Principal-in-Charge: Mike Colety 3 $411.80 $1,235
Senior Professional I 4 $314.04 $1,256
1.2 Bi-weekly Project Updates $21,378
Project Manager: Robert Paderna 48 $288.35 $13,841
Senior Professional I 24 $314.04 $7,537
1.3 File and Data Sharing $1,326
Senior Professional I 2 $314.04 $628
Analyst 4 $174.38 $698
1.4 Progress Reporting $8,141
Project Manager: Robert Paderna 24 $288.35 $6,920
Analyst 7 $174.38 $1,221
1.5 Project Management $16,153
Project Manager: Robert Paderna 45 $288.35 $12,976
Project Support 24 $132.39 $3,177
TOTAL FOR TASK 1 188 $50,354
2 Benchmarking & Data Review
2.1 Programs, Policy, and Planning Benchmarking $10,837
Project Manager: Robert Paderna 10 $288.35 $2,884
Senior Professional I 12 $314.04 $3,768
Analyst 24 $174.38 $4,185
2.2 Vision Zero Task Force $3,810
Project Manager: Robert Paderna 6 $288.35 $1,730
Principal-in-Charge: Mike Colety 2 $411.80 $824
Senior Professional I 4 $314.04 $1,256
2.3 Data Collection and Review $12,445
Project Manager: Robert Paderna 6 $288.35 $1,730
Senior Professional I 12 $314.04 $3,768
Professional II 6 $264.62 $1,588
Professional I 12 $243.09 $2,917
Analyst 14 $174.38 $2,441
TOTAL FOR TASK 2 108 $27,092
3 Community Engagement
3.1 Community Engagement Plan & Schedule Development $3,351
I I I I
Agreement with Kimley-Horn and Associates, Inc./Exhibit B2-Fees by Task Page 2 Rev. 07-01-18
TASK
# DESCRIPTION BUDGETED
HOURS
HOURLY
RATE TOTAL
Project Manager: Robert Paderna 4 $288.35 $1,153
Senior Professional II 6 $366.22 $2,197
3.2 Project Promotion/Website $16,030
Project Manager: Robert Paderna 6 $288.35 $1,730
Senior Professional II 20 $366.22 $7,324
Analyst 40 $174.38 $6,975
3.3 Community Surveys (up to 4 surveys) $5,967
Project Manager: Robert Paderna 4 $288.35 $1,153
Senior Professional II 4 $366.22 $1,465
Senior Professional I 4 $314.04 $1,256
Analyst 12 $174.38 $2,093
3.4 Outreach Events/pop-Ups (up to 5 events/up to 5 pop-ups for a total of 10) $4,360
Analyst 25 $174.38 $4,360
3.5 Vision Zero Task Force Meetings (up to 3 meetings) $15,309
Project Manager: Robert Paderna 12 $288.35 $3,460
Principal-in-Charge: Mike Colety 12 $411.80 $4,942
Senior Professional I 12 $314.04 $3,768
Analyst 18 $174.38 $3,139
3.6 Community Workshops (2 virtual, 2 in-person) $13,884
Project Manager: Robert Paderna 8 $288.35 $2,307
Senior Professional II 8 $366.22 $2,930
Senior Professional I 8 $314.04 $2,512
Analyst 20 $174.38 $3,488
Project Support 20 $132.39 $2,648
3.7 Bicycle and Pedestrian Advisory Committee (BPAC) Meetings $8,783
Project Manager: Robert Paderna 6 $288.35 $1,730
Principal-in-Charge: Mike Colety 4 $411.80 $1,647
Senior Professional II 10 $366.22 $3,662
Analyst 10 $174.38 $1,744
3.8 Commission Meetings (Up to 4) $2,884
Project Manager: Robert Paderna 10 $288.35 $2,884
3.9 City Council Meetings (Up to 2) $4,819
Project Manager: Robert Paderna 8 $288.35 $2,307
Senior Professional I 8 $314.04 $2,512
TOTAL FOR TASK 3 299 $75,386
4 Collision Data Collection and Analysis
4.1 Existing Conditions Analysis $23,910
Project Manager: Robert Paderna 2 $288.35 $577
I I I I
Agreement with Kimley-Horn and Associates, Inc./Exhibit B2-Fees by Task Page 3 Rev. 07-01-18
TASK
# DESCRIPTION BUDGETED
HOURS
HOURLY
RATE TOTAL
Professional II 20 $264.62 $5,292
Professional I 24 $243.09 $5,834
Analyst 70 $174.38 $12,207
4.2 High Injury Network (HIN) Maps $8,182
Project Manager: Robert Paderna 4 $288.35 $1,153
Senior Professional I 4 $314.04 $1,256
Professional II 6 $264.62 $1,588
Analyst 24 $174.38 $4,185
4.3 Develop Collision Profiles $12,162
Project Manager: Robert Paderna 6 $288.35 $1,730
Senior Professional I 12 $314.04 $3,768
Professional II 12 $264.62 $3,175
Analyst 20 $174.38 $3,488
TOTAL FOR TASK 4 204 $44,254
5 Countermeasure Toolbox
5.1 Develop Countermeasure Toolbox $28,949
Project Manager: Robert Paderna 14 $288.35 $4,037
Principal-in-Charge: Mike Colety 2 $411.80 $824
QC/QA: Brian Sowers 4 $388.29 $1,553
Senior Professional I 20 $314.04 $6,281
Professional II 15 $264.62 $3,969
Professional I 16 $243.09 $3,889
Analyst 36 $174.38 $6,278
Project Support 16 $132.39 $2,118
TOTAL FOR TASK 5 123 $28,949
6 Transportation Equity Assessment
6.1 Transportation Equity Assessment $22,063
Project Manager: Robert Paderna 8 $288.35 $2,307
Principal-in-Charge: Mike Colety 2 $411.80 $824
QC/QA: Frederik Venter 4 $445.98 $1,784
Senior Professional I 8 $314.04 $2,512
Professional II 24 $264.62 $6,351
Professional I 14 $243.09 $3,403
Analyst 28 $174.38 $4,883
TOTAL FOR TASK 6 88 $22,063
7 Implementation Plan & Programs
7.1 Develop Priority Projects and Programs $31,549
Project Manager: Robert Paderna 8 $288.35 $2,307
Principal-in-Charge: Mike Colety 2 $411.80 $824
I I I I
Agreement with Kimley-Horn and Associates, Inc./Exhibit B2-Fees by Task Page 4 Rev. 07-01-18
TASK
# DESCRIPTION BUDGETED
HOURS
HOURLY
RATE TOTAL
Senior Professional II 4 $366.22 $1,465
Senior Professional I 24 $314.04 $7,537
Professional II 30 $264.62 $7,939
Professional I 30 $243.09 $7,293
Analyst 24 $174.38 $4,185
7.2 Develop Implementation Plan and Program $18,070
Project Manager: Robert Paderna 8 $288.35 $2,307
Principal-in-Charge: Mike Colety 2 $411.80 $824
Senior Professional I 20 $314.04 $6,281
Professional II 9 $264.62 $2,382
Analyst 36 $174.38 $6,278
7.3 Develop Evaluation Plan $9,540
Project Manager: Robert Paderna 6 $288.35 $1,730
Principal-in-Charge: Mike Colety 2 $411.80 $824
Senior Professional II 2 $366.22 $732
Senior Professional I 9 $314.04 $2,826
Professional II 9 $264.62 $2,382
Analyst 6 $174.38 $1,046
TOTAL FOR TASK 7 231 $59,159
8 Draft and Final Plan
8.1 Vision Zero Plan Draft Report $40,376
Project Manager: Robert Paderna 20 $288.35 $5,767
Principal-in-Charge: Mike Colety 4 $411.80 $1,647
QC/QA: Frederik Venter 4 $445.98 $1,784
QC/QA: Brian Sowers 4 $388.29 $1,553
Senior Professional II 18 $366.22 $6,592
Senior Professional I 30 $314.04 $9,421
Professional II 10 $264.62 $2,646
Professional I 20 $243.09 $4,862
Analyst 35 $174.38 $6,103
8.2 Vision Zero Plan Final Report $19,334
Project Manager: Robert Paderna 13 $288.35 $3,749
Principal-in-Charge: Mike Colety 2 $411.80 $824
QC/QA: Frederik Venter 2 $445.98 $892
QC/QA: Brian Sowers 2 $388.29 $777
Senior Professional II 6 $366.22 $2,197
Senior Professional I 20 $314.04 $6,281
Professional II 6 $264.62 $1,588
Professional I 6 $243.09 $1,459
I I I I
Agreement with Kimley-Horn and Associates, Inc./Exhibit B2-Fees by Task Page 5 Rev. 07-01-18
TASK
# DESCRIPTION BUDGETED
HOURS
HOURLY
RATE TOTAL
Analyst 9 $174.38 $1,569
8.3 Executive Summary/Fact Sheet $3,524
Project Manager: Robert Paderna 2 $288.35 $577
QC/QA: Frederik Venter 2 $445.98 $892
Professional I 2 $243.09 $486
Analyst 9 $174.38 $1,569
TOTAL FOR TASK 8 226 $63,235
TOTAL FOR ALL TASKS 1,467 $370,493
Other Direct Costs
Outreach Materials $7,000
Purchase and Distribution of Vision Zero Promotional/Safety Items $5,000 Additional Supplemental Traffic Counts $5,000
Circlepoint (Task 3) $118,449
TOTAL FOR OTHER DIRECT COSTS $135,449
Agreement with Kimley-Horn and Associates, Inc./Exhibit C-Insurance Requirements Page 1 Rev. 07-01-18
EXHIBIT C
INSURANCE REQUIREMENTS
Without limiting the Consultant’s indemnification of the City, and prior to commencing any of the Services required under this Agreement, the Consultant shall provide and maintain in full force and effect during the period of performance of the Agreement and for twenty-four (24) months following acceptance by the City, at its sole cost and expense, the following insurance policies from insurance companies authorized to do business in the State of California. These policies shall be primary insurance as to the City of Santa Clara so that any other coverage held by the City shall not contribute to any loss under Consultant’s insurance. The minimum coverages, provisions and endorsements are as follows:
A. COMMERCIAL GENERAL LIABILITY INSURANCE
1. Commercial General Liability Insurance policy which provides coverage at least as broad as Insurance Services Office form CG 00 01. Policy limits are subject to review, but shall in no event be less than, the following:
$1,000,000 Each Occurrence
$2,000,000 General Aggregate
$2,000,000 Products/Completed Operations Aggregate
$1,000,000 Personal Injury
2. Exact structure and layering of the coverage shall be left to the discretion of Consultant; however, any excess or umbrella policies used to meet the required limits shall be at least as broad as the underlying coverage and shall otherwise follow form.
3. The following provisions shall apply to the Commercial Liability policy as well as any umbrella policy maintained by the Consultant to comply with the insurance requirements of this Agreement:
a. Coverage shall be on a “pay on behalf” basis with defense costs payable in addition to policy limits;
b. There shall be no cross liability exclusion which precludes coverage for claims or suits by one insured against another; and c. Coverage shall apply separately to each insured against whom a claim is made or a suit is brought, except with respect to the limits of liability.
B. BUSINESS AUTOMOBILE LIABILITY INSURANCE
Business automobile liability insurance policy which provides coverage at least as broad as ISO form CA 00 01 with policy limits a minimum limit of not less than one million dollars ($1,000,000) each accident using, or providing coverage at
Agreement with Kimley-Horn and Associates, Inc./Exhibit C-Insurance Requirements Page 2 Rev. 07-01-18
least as broad as, Insurance Services Office form CA 00 01. Liability coverage shall apply to all owned (if any), non-owned and hired autos.
C. WORKERS’ COMPENSATION
1. Workers’ Compensation Insurance Policy as required by statute and employer’s liability with limits of at least one million dollars ($1,000,000) policy limit Bodily Injury by disease, one million dollars ($1,000,000) each accident/Bodily Injury and one million dollars ($1,000,000) each employee Bodily Injury by disease.
2. The indemnification and hold harmless obligations of Consultant included in this Agreement shall not be limited in any way by any limitation on the amount or type of damage, compensation or benefit payable by or for Consultant or any subcontractor under any Workers’ Compensation Act(s), Disability Benefits Act(s) or other employee benefits act(s).
3. This policy must include a Waiver of Subrogation in favor of the City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents.
D. PROFESSIONAL LIABILITY
Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against negligent acts, errors or omissions of the Consultant. Covered services as designated in the policy must specifically include work performed under this agreement. Coverage shall be in an amount of not less than one million dollars ($1,000,000) per claim or two million dollars ($2,000,000) aggregate. Any coverage containing a deductible or self-retention must first be approved in writing by the City Attorney’s Office.
E. COMPLIANCE WITH REQUIREMENTS
All of the following clauses and/or endorsements, or similar provisions, must be part of each commercial general liability policy, and each umbrella or excess policy.
1. A
dditional Insureds . City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents are hereby added as additional insureds in respect to liability arising out of Consultant’s work for City, using Insurance Services Office (ISO) Endorsement CG 20 10 11 85, or the combination of CG 20 10 03 97 and CG 20 37 10 01, or its equivalent.
2. Prim
ary and non-contributing. Each insurance policy provided by Consultant shall contain language or be endorsed to contain wording making it primary insurance as respects to, and not requiring contribution
Agreement with Kimley-Horn and Associates, Inc./Exhibit C-Insurance Requirements Page 3 Rev. 07-01-18
from, any other insurance which the indemnities may possess, including any self-insurance or self-insured retention they may have. Any other insurance indemnities may possess shall be considered excess insurance only and shall not be called upon to contribute with Consultant’s insurance.
3. Ca
ncellation .
a. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided due to non-payment of premiums shall be effective until written notice has been given to City at least ten (10) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice shall be given at least ten (10) days prior to the effective date of non-renewal.
b. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided for any cause save and except non-payment of premiums shall be effective until written notice has been given to City at least thirty (30) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice shall be given at least thirty (30) days prior to the effective date of non- renewal.
4. O
ther Endorsements. Other endorsements may be required for policies other than the commercial general liability policy if specified in the description of required insurance set forth in Sections A through E of this Exhibit C, above.
F. A
DDITIONAL INSURANCE RELATED PROVISIONS
Consultant and City agree as follows:
1. C onsultant agrees to ensure that subcontractors, and any other party involved with the Services, who is brought onto or involved in the performance of the Services by Consultant, provide the same minimum insurance coverage required of Consultant, except as with respect to limits. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Agreement. Consultant agrees that upon request by City, all agreements with, and insurance compliance documents provided by, such subcontractors and others engaged in the project will be submitted to City for review.
2. C
onsultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge
Agreement with Kimley-Horn and Associates, Inc./Exhibit C-Insurance Requirements Page 4 Rev. 07-01-18
City or Consultant for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.
3. The City reserves the right to withhold payments from the Consultant in the event of material noncompliance with the insurance requirements set forth in this Agreement.
G. EVIDENCE OF COVERAGE
Prior to commencement of any Services under this Agreement, Consultant, and each and every subcontractor (of every tier) shall, at its sole cost and expense, provide and maintain not less than the minimum insurance coverage with the endorsements and deductibles indicated in this Agreement. Such insurance coverage shall be maintained with insurers, and under forms of policies, satisfactory to City and as described in this Agreement. Consultant shall file with the City all certificates and endorsements for the required insurance policies for City’s approval as to adequacy of the insurance protection.
H. EVIDENCE OF COMPLIANCE
Consultant or its insurance broker shall provide the required proof of insurance compliance, consisting of Insurance Services Office (ISO) endorsement forms or their equivalent and the ACORD form 25-S certificate of insurance (or its equivalent), evidencing all required coverage shall be delivered to City, or its representative as set forth below, at or prior to execution of this Agreement.
Upon City’s request, Consultant shall submit to City copies of the actual insurance policies or renewals or replacements. Unless otherwise required by the terms of this Agreement, all certificates, endorsements, coverage verifications and other items required to be delivered to City pursuant to this Agreement shall be emailed to:
[email protected]
Or mailed to:
EBIX Inc.
City of Santa Clara Department of Public Works
P.O. Box 100085 – S2
Duluth, GA 30096
Telephone number: 951-766-2280
Fax number: 770-325-0409
Agreement with Kimley-Horn and Associates, Inc./Exhibit C-Insurance Requirements Page 5 Rev. 07-01-18
I. QUALIFYING INSURERS
All of the insurance companies providing insurance for Consultant shall have, and provide written proof of, an A. M. Best rating of at least A minus 6 (A- VI) or shall be an insurance company of equal financial stability that is approved by the City or its insurance compliance representatives.
Agreement with Kimley-Horn and Associates, Inc./Exhibit D-Title VI Assurances Page 1 Rev. 07-01-18
EXHIBIT D
TITLE VI ASSURANCES
APPENDIX A
During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as CONSULTANT) agrees as follows:
a. C ompliance with Regulations: CONSULTANT shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement.
b. Nondiscrimination: CONSULTANT, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations.
c. Solicitations for Sub-a
greements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by CONSULTANT for work to be performed under a Sub-agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by CONSULTANT of the CONSULTANT’S obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. d. Information and Reports: CONSULTANT shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, CONSULTANT shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts CONSULTANT has made to obtain the information. e. Sanctions for Noncompliance: In the event of CONSULTANT’s noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
i. withholding of payments to CONSULTANT under the Agreement within a reasonable per
iod of time, not to exceed 90 days; and/or
ii. cancellation, termination or suspension of the Agreement, in whole or in part.
Agreement with Kimley-Horn and Associates, Inc./Exhibit D-Title VI Assurances Page 2 Rev. 07-01-18
f. Incorporation of Provisions: CONSULTANT shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.
C
ONSULTANT shall take such action with respect to any sub-agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event CONSULTANT becomes involved in, or is threatened with, litigation with a sub-applicant or supplier as a result of such direction, CONSULTANT may request the recipient enter into such litigation to protect the interests of the State, and, in addition, CONSULTANT may request the United States to enter into such litigation to protect the interests of the United States.
APPENDIX E
During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest (hereinafter referred to as the “CONSULTANT”) agrees to comply with the following nondiscrimination statutes and authorities, including, but not limited to:
Pertinent Non-D
iscrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42
• U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex;
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38;
Agreement with Kimley-Horn and Associates, Inc./Exhibit D-Title VI Assurances Page 3 Rev. 07-01-18
• The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English Proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C.1681 et seq).