Agenda packet — City Council and Authorities Concurrent, September 24, 2024 (part 2 of 5)

Rev. 09-28-18
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 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. Additional 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,

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or the combination of CG 20 10 03 97 and CG 20 37 10 01, or its equivalent.

2. Primary and non-co ntributing. 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 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. Cancellation.
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. Other 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. ADDITIONAL INSURANCE RELATED PROVISIONS
Cons
ultant and City agree as follows:

1. Consultant agr ees 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

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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. Consultant 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 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

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Telephone number: 951-766-2280
Fax number: 770-325-0409
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.

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EXHIBIT D

LABOR COMPLIANCE ADDENDUM
This Agreement is subject to the requirements of California Labor Code section 1720 et seq. requiring the payment of prevailing wages, the training of apprentices, and compliance with other applicable requirements.

A. Prevailing Wage Requirements

1. Contractor shall be obligated to pay not less than the General Prevailing Wage Rate, which can be found at www.dir.ca.gov and are on file with the City Clerk’s office, which shall be available to any interested party upon request. Contractor is also required to have a copy of the applicable wage determination posted and/or available at each job site.

2. Specifically, contractors are reminded of the need for compliance with Labor Code Section 1774-1775 (the payment of prevailing wages and documentation of such), Section 1776 (the keeping and submission of accurate certified payrolls) and 1777.5 in the employment of apprentices on public works projects. Further, overtime must be paid for work in excess of 8 hours per day or 40 hours per week pursuant to Labor Code Section 1811-1813.

3. Special prevailing wage rates generally apply to work performed on weekends, holidays and for certain shift work. Depending on the location of the project and the amount of travel incurred by workers on the project, certain travel and subsistence payments may also be required.

Contractors and subcontractors are on notice that information about such special rates, holidays, premium pay, shift work and travel and subsistence requirements can be found at www.dir.ca.gov .

4. Only bona fide apprentices actively enrolled in a California Division of Apprenticeship Standards approved program may be employed on the project as an apprentice and receive the applicable apprenticeship prevailing wage rates. Apprentices who are not properly supervised and employed in the appropriate ratio shall be paid the full journeyman wages for the classification of work performed.

5. As a condition to receiving progress payments, final payment and payment of retention on any and all projects on which the payment of prevailing wages is required, Contractor agrees to present to City, along with its request for payment, all applicable and necessary certified payrolls (for itself and all applicable subcontractors) for the time period covering such payment request. The term “certified payroll” shall include all required documentation to comply with the mandates set forth in Labor Code Section 1720 et seq, as well as any additional documentation requested by the City or its designee including, but not limited to: certified

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payroll, fringe benefit statements and backup documentation such as monthly benefit statements, employee timecards, copies of wage statements and cancelled checks, proof of training contributions (CAC2 if applicable), and apprenticeship forms such as DAS-140 and DAS-142.

6. In addition to submitting the certified payrolls and related documentation to City, Contractor and all subcontractors shall be required to submit certified payroll and related documents electronically to the California Department of Industrial Relations. Failure to submit payrolls to the DIR when mandated by the project parameters shall also result in the withholding of progress, retention and/or final payment.

7. No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

8. No contractor or subcontractor may be awarded a contract for public work on a public works project, unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. Contractors MUST be a registered “public works contractor” with the DIR AT THE TIME OF BID. Where the prime contract is less than $15,000 for maintenance work or less than $25,000 for construction alternation, demolition or repair work, registration is not required.

9. All contractors/subcontractors and related construction services subject to prevailing wage, including but not limited to: trucking, surveying and inspection work must be registered with the Department of Industrial Relations as a “public works contractor”. Those you fail to register and maintain their status as a public works contractor shall not be permitted to perform work on the project.

10. Should any contractor or subcontractors not be a registered public works contractor and perform work on the project, Contractor agrees to fully indemnify the City for any fines assessed by the California Department of Industrial Relations against the City for such violation, including all staff costs and attorney’s fee relating to such fine.

11. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

B. Audit Rights
All records or documents required to be kept pursuant to this Agreement to verify compliance with this Addendum shall be made available for audit at no cost to City, at any time during regular business hours, upon written request by the City Attorney, City Auditor, City Manager, or a designated representative of any of these officers. Copies of such records or documents shall be provided to City for audit at City Hall when it is

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practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records or documents shall be made available at Contractor’s address indicated for receipt of notices in this Agreement.

C. Enforcement

1. City shall withhold any portion of a payment; including the entire payment amount, until certified payroll forms and related documentation are properly submitted, reviewed and found to be in full compliance. In the event that certified payroll forms do not comply with the requirements of Labor Code Section 1720 et seq., City may continue to hold sufficient funds to cover estimated wages and penalties under the Agreement.

2. Based on State funding sources, this project may be subject to special labor compliance requirements of Proposition 84.

3. The City is not obligated to make any payment due to Contractor until Contractor has performed all of its obligations under these provisions. This provision means that City can withhold all or part of a payment to Contractor until all required documentation is submitted. Any payment by the City despite Contractor’s failure to fully perform its obligations under these provisions shall not be deemed to be a waiver of any other term or condition contained in this Agreement or a waiver of the right to withhold payment for any subsequent breach of this Addendum.

City or the California Department of Industrial Relations may impose penalties upon contractors and subcontractors for failure to comply with prevailing wage requirements. These penalties are up to $200 per day per worker for each wage violation identified; $100 per day per worker for failure to provide the required paperwork and documentation requested within a 10-day window; and $25 per day per worker for any overtime violation.

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EXHIBIT E

TITLE VI ASSURANCES

APPENDIX A

During the performance of this Agreement, the Consultant, for itself, its assignees and successors in interest (hereinafter collectively referred to as CONSULTANT) agrees as follows:
a. Compliance with Regulations: CONS
ULTANT 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-agreem
ents, 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:

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i. withholding of payments to CONSULTANT under the Agreement within a reasonable period of time, not to exceed 90 days; and/or ii. cancellation, termination or suspension of the Agreement, in whole or in part.

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.

CON
SULTANT 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:

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• 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 Consultants, 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;
• 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).

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EXHIBIT F

NOTICE OF EXERCISE OF OPTION TO EXTEND AGREEMENT FORM

AGREEMENT TITLE:

CONSULTANT:

DATE:

Pursuant to Section __ of the Agreement referenced above, the City of Santa Clara hereby exercises its option to extend the term under the following provisions:

OPTION NO. # of #

NEW OPTION TERM
Begin date:

End date:

CHANGES IN RATE OF COMPENSATION

Percentage change in CPI upon which adjustment is based:

Pursuant to Section ___ of the Agreement the rates of compensation are hereby adjusted as follows:
(use attachment if necessary)

MAXIMUM COMPENSATION for New Option Term:

For the option term exercised by this Notice, City shall pay Consultant an amount not to exceed the amount set forth above for Consultant’s services and reimbursable expenses, if any. The undersigned signing on behalf of the City of Santa Clara hereby certifies that an unexpended appropriation is available for the term exercised by this Notice, and that funds are available as of the date of this signature.

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

□

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EBIX Insurance No. *S20000_____

AGREEMENT FOR DESIGN PROFESSIONAL SERVICES

BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND

BKF ENGINEERS

PREAMBLE
This Agreement is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and BKF Engineers, a California 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 design professional services more fully described in this Agreement, at Exhibit A1, entitled “Scope of Services”; B. “Design professional” includes licensed architects, licensed landscape architects, registered professional engineers and licensed professional land surveyors; C. 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,
D. 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 – Corridor Images
Exhibit A3 – Milestones and Deadlines
Exhibit B1 – Schedule of Fees

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Exhibit B2 – Fees By Task
Exhibit C – Insurance Requirements
Exhibit D – Labor Compliance Addendum
Exhibit E - Title VI Assurances
Exhibit F – Notice of Exercise of Option to Extend Agreement Form 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
A. 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 September 25, 2024 and terminate on September 30, 2026.

B. After the Initial Term, the City reserves the right, at its sole discretion, to extend the term of this Agreement for up to four (4) additional one-year terms through September 30, 2030 (“Option Period”), subject to budget appropriation. See Exhibit F for Notice of Exercise of Option to Extend Agreement Form.

3. SCOPE OF SERVICES & PERFORMANCE SCHEDULE
Consultant shall perform those Services specified in Exhibits A1 – A3 within the time stated in Exhibit A3. Time is of the essence.

A. All reports, costs estimates, plans and other documentation which may be submitted or furnished by Consultant shall be approved and signed by an appropriate qualified licensed professional in the State of California.

B. The title sheet for specifications and reports, and each sheet of plans, shall bear the professional seal, certificate number, registration classification, expiration date of certificate and signature of the design professional responsible for their preparation.

4. WARRANTY
Consultant expressly warrants that all materials and services covered by this Agreement shall be fit for the purpose intended, shall be free from defect and

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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 has the expertise 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 a specialist in the same discipline in the State of California.

6. COMPENSATION AND PAYMENT
A. 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 B1, entitled “SCHEDULE OF FEES.” The maximum compensation of this Agreement is Section 1 of Exhibit B1, 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.

B. No retainage will be held by the agency from progress payments due to the prime consultant. Prime consultants and subcontractors are prohibited from holding retainage from subcontractors. Any delay or postponement of payment may take place only for good cause and with the agency’s prior written approval. Any violation of these provisions shall subject the violating contractor or subcontractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code and Section 10262 of the California Public Contract Code for construction contracts, and Section 3321 of the California Civil Code for consultant contracts. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor, deficient subcontractor performance and/or noncompliance by a subcontractor.

This clause applies to both DBE and non-DBE subcontractors.

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7. TERMINATION
A. Termination for Convenience. Cit y 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 Co nsultant 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. Upon termination, each Part y 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.

8. 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 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.

9. 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.

10. 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.

11. 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,

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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.

12. 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.

13. 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 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.

14. HOLD HARMLESS/INDEMNIFICATION
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, its employees, subcontractors, or agents in the performance, or non-performance, of Services under this Agreement. With respect to claims alleging Consultant’s professional

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negligence or professional liability, Consultant’s duty to defend obligation shall be met by reimbursing an indemnified party for indemnified party’s costs of defense following a determination of Consultant’s proportionate percentage of fault.

15. 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.

16. WAIVER
Contractor 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.

17. 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:

BKF Engineers
Attn:
1730 N. First Street, Suite 600
San Jose, CA 95112
and by e-mail at *_______________@XXX
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.

18. 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

Design Professional Agreement with BKF Engineers Page 7 Rev. 09-28-18
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).

19. 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.

20. 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.

21. 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.

22. 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.

23. 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.

Design Professional Agreement with BKF Engineers Page 8 Rev. 09-28-18

24. AMENDMENTS
This Agreement may only be modified by a written amendment duly authorized and executed by the Parties to this Agreement.

25. 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.

CONTINUED ON PAGE 8

Design Professional Agreement with BKF Engineers Page 9 Rev. 09-28-18
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”

BKF ENGINEERS
a California corporation

Dated:

By (Signature):

Name:

Title:

Principal Place of
Business Address:

Email Address:

Telephone: ( )
Fax: ( )
“CONSULTANT”

Design Professional Agreement with BKF Engineers/Exhibit A1-Scope of Services Page 1 Rev. 09-28-18

EXHIBIT A1

SCOPE OF SERVICES
The following Scope of Services defines the services and responsibilities of Consultant and City for professional and engineering services for bicycle facility planning, design, and environmental services for Phases 2 of the De La Cruz, Lick Mill, Scott Boulevards Bicycle Improvement Project (Project).

The Scope of Services, including Exhibit A1 and Consultant’s proposal response dated June 27, 2024 and BAFO response dated August 7, 2024 provide context, supplemental information, and are incorporated by reference to the extent not inconsistent with the Agreement.

1. GENERAL INFORMATION

1.1. Consultant will provide professional and engineering services for bicycle facility design, and environmental services Phase 2 of the De La Cruz, Lick Mill, Scott Boulevards Bicycle Improvement Project (Project). upon Bicycle and Pedestrian Advisory Committee recommendation and Council approval of Phase 1, Phase 2 of the Project can commence. The requested engineering design services for Phase 2 involve preliminary engineering, environmental clearance, preparation of construction documents (PS&E) for public works construction bidding, bid and award phase support, and construction/post- construction support.

1.2. The Scope of Work includes bicycle facility design for the construction of multiple corridors throughout the City in alignment with the City’s Bicycle Master Plan. Based on results of studies in Phase 1, bicycle facilities are planned to be implemented through roadway space reallocation (lane width modification), roadway reconfiguration (lane removal), and/or parking removal (“Project”). The Project corridors include the following three locations (refer to Exhibit A2 Corridor Images):

1.2.1. Project Location 1 includes De La Cruz Boulevard between Montague Expressway and W. Trimble Road

1.2.2. Project Location 2 includes Lick Mill Boulevard between Tasman Drive and Montague Expressway

1.2.3. Project Location 3 includes Scott Boulevard between Arques Avenue (City Border) and Saratoga Avenue

Design Professional Agreement with BKF Engineers/Exhibit A1-Scope of Services Page 2 Rev. 09-28-18

1.3. Details for each Project location are in Table A1 below:

Table A1: Project Corridor Table
Project Corridor Study
Roadway From To
Bike
Facility
Type
Road
Reallo-
cation
Lane
Removal
Parking
Removal
Project Location 1
De La Cruz
Blvd
Montague
Expwy
Montague
Park
Class II or

IIB X X X
De La Cruz
Blvd
Montague
Park
W. Trimble
Rd
Class II,
IIB, or IV X X X
Project Location 2
Lick Mill
Blvd Tasman Dr Laird Circle
(S)
Class IIB
or IV X X
Lick Mill
Blvd
Laird Circle
(S)
Montague
Expwy
Class IIB
or IV X X
Project Location 3
Scott Blvd
Arques Ave
(City
Border)
Central
Expwy Class IIB X
Scott Blvd Central
Expwy Martin Ave Class IIB X X
Scott Blvd Martin Ave Monroe St Class II or

IIB X X
Scott Blvd Monroe St Homestead
Rd
Class II or

IIB X X X
Scott Blvd Homestead
Rd
Saratoga
Ave
Class II or

IIB X X X

1.4. Phase 2 services shall be as specified below:

1.4.1. Phase 2: Design Phase, as follows:

1.4.1.1. Phase 2A: Preliminary Engineering and Environmental Documents

1.4.1.2. Phase 2B: Detailed Design

1.4.1.3. Phase 2C: Construction Engineering

Design Professional Agreement with BKF Engineers/Exhibit A1-Scope of Services Page 3 Rev. 09-28-18

1.5. City Assumptions
Consultant shall consider the City’s following assumptions when reviewing the Scope of Services and preparing proposal:

1.5.1. The City’s intent for the construction of Project is primarily signing and striping improvements within existing city ROW.

1.5.2. The City does not anticipate significant traffic signal modifications, pedestrian improvements (e.g. curb ramps or bulb-outs), median island modifications, or other intersection upgrades under this Project. If it is necessary to align construction costs with funding availability, striping may transition and change as necessary at intersections.

1.5.3. It is anticipated that the street pavement will require a preparatory slurry seal prior to placement of striping, and significant pavement rehabilitation is not expected for the Project.

1.5.4. Should a Preferred Alternative include Class IV facilities with physical separation, the physical separations should be assumed to be Class 1 flexible delineators and not concrete hardscape.

1.5.5. It is assumed that required design information for roadway geometry under Phase 2 can be obtained by Consultant through record research and site visits; topographical surveying or aerial photogrammetry are not anticipated to be required for the Project.

1.5.6. It is assumed that all three (3) Project Locations identified in Table 1 would be administered under one (1) construction contract.

1.5.7. The Project deadlines must be met to comply with the Federal Earmark funding requirements. See Exhibit A3 for Project deadlines and milestones. The Federal Earmark Funding construction funding obligation deadline (Caltrans E-76 approval) is September 30, 2025.

2. SCOPE OF SERVICES
Services include professional services required to achieve the City’s Objective, including preliminary engineering and environmental documentation, and final design (plans, specifications, and engineer’s estimate or PS&E) for public works bidding of the Project.

3. PHASE 2A: PRELIMINARY ENGINEERING AND ENVIRONMENTAL STUDIES Upon identification of the Selected Alternative(s) under Phase 1, and after receiving a written Notice to Proceed from City, Consultant shall provide Design Phase (Phase 2) services. The Design Phase services are anticipated to be managed by staff from the City’s Design Engineering Division and separate from City staff involved in Phase 1 of the services.

Design Professional Agreement with BKF Engineers/Exhibit A1-Scope of Services Page 4 Rev. 09-28-18

3.1. Phase 2A: Task 1: Project Management - Refer to the table below for tasks and deliverables for Phase 2A: Task 1 Consultant will be responsible for.

Task # Task Description Task Activities
1 Project Management

1.1 Project
Management
Consultant shall:
(a) Manage its team and overall Project
activities consistent with the direction from City
in order to meet the Project design schedule
and budget.

(b) Coordinate with City, design team members,
consultants, utility companies, other
government agencies, and other affected
parties as required throughout the duration of
the Design Phase.

(c) Prepare, monitor, and update progress
schedule for Design Phase services in
Microsoft (“MS”) Project format beginning at the
Design Phase kickoff meeting and ending at
construction contract award. Schedule shall
show significant milestones for the Project.

Consultant shall notify City if there are delays in
any task of the services. In such cases,
Consultant shall make up the schedule in
subsequent tasks or provide information to City
substantiating a time extension. The schedule
shall be maintained at all times and shall be
updated each time progress and milestones are
changed.

(d) Meetings: Meetings shall be budgeted for
and invoiced under each respective Task or
activity requiring a meeting and not as Project
management. Preparation for meetings shall be
considered as included in the Task or activity
for which the meeting is involved, except as
follows:
- A Design Phase kick-off meeting shall be
conducted with designated City staff prior to
beginning work to review anticipated Tasks and
schedule, review available information and
needs, and address any outstanding questions
regarding the Project moving forward raised by
City or Consultant.
- During the course of services while there is

Design Professional Agreement with BKF Engineers/Exhibit A1-Scope of Services Page 5 Rev. 09-28-18

Task # Task Description Task Activities
active work on the Project, Consultant shall
schedule and attend brief bi-weekly conference
calls with City. The purpose of the bi-weekly
conference calls will be to keep City appraised
on the Project's progress and address any
issues that may arise during the course of
services.
- All other meetings, except as identified above,
shall be budgeted and invoiced under the task
for which the meeting is involved.

(e) Provide monthly progress reports.

(f) Stakeholder Coordination: Consultant shall
coordinate with Project stakeholders as needed
to inform each stakeholder of the Project work
and incorporate any necessary
accommodations into the construction
documents.

(g) Invoicing and Contract Administration:

Consultant administrative staff time spent
preparing invoices for services complete shall
be considered as included in the overhead of
the Consultant’s basic hourly rates and shall
not be billed. Additionally, addressing
administrative issues regarding the professional
services agreement, such as preparing
additional services requests or budget
modifications, shall also be considered as
included in the overhead of the Consultant’s
basic hourly rates and shall not be billed.

(h) Only the designated Project Manager or
approved delegates performing Project
Management duties shall charge time to Phase
2A: Task 1 Project Management (Design
Phase). Consultant’s technical staff working on
other tasks for the Project shall not charge to
the Project Management task. Additionally, if
the Project Manager is performing technical
work related to other tasks, time spent on those
tasks shall be charged to the task and not to
Project Management.

Design Professional Agreement with BKF Engineers/Exhibit A1-Scope of Services Page 6 Rev. 09-28-18

Task # Task Description Task Activities

(i) Consultant shall provide Project
Management services for each task in Phase
2A and 2B, beginning with the Design Phase
Notice to Proceed and ending upon completion
of the Plans, Specifications, and Estimate task.

Project Management for subsequent tasks (e.g.

Bid Support, Construction Support and Project
Closeout) shall be considered as incorporated
in the services and fees provided under those
tasks and not invoiced under the Project
Management (Design Phase) task.

Phase 2A: Task 1 Deliverables

1.1 Progress schedules in MS Project format (submitted electronically as an 11” x 17” pdf file and in native MS Project format).

Progress reports and invoices (submitted electronically).

INTENTIONALLY LEFT BLANK

Design Professional Agreement with BKF Engineers/Exhibit A1-Scope of Services Page 7 Rev. 09-28-18

3.2. Phase 2A: Task 2. Preliminary Engineering And Environmental Clearance - Refer to the table below for tasks and deliverables for Phase 2A: Task 2 Consultant will be responsible for.

Task # Task Description Task Activities
2 Preliminary Engineering and Environmental Clearance

2.1 Preliminary
Engineering
Consultant shall:
(a) Perform all necessary assessments and
investigations to determine the existing
conditions and improvements.

(b) Review existing information, including
previous studies and as-built drawings as
available, for any potential issues associated
with the Project installation. Notify City if there
could be any expected issues based on review
of the existing information.

(c) Prepare a set of preliminary design plans
(serves as 35% design level) for use in exhibits
and contract drawings. At a minimum, the
preliminary design plans shall include, but not
limited to, City right-of-way lines, existing
improvements such as sidewalk, curb, and
gutter lines, existing roadway features,
including existing roadway delineation markings
and striping, and geometry and major features
of proposed improvements. Plans shall be:
- Drawn to scale, on D-size (22” X 34”) sheets,
at an engineering scale up to 1” = 40’ to 1”= 50’
maximum, and conforming to City’s Design
Criteria. The City’s design criteria can be found
in the following link:

Technical Documents | City
of Santa Clara (santaclaraca.gov)
- Plans are to be produced by AutoCAD 2021
or earlier versions, using a City-provided
AutoCAD template for title sheet and borders.
- May be prepared on aerial photo and/or GIS-
based backgrounds and include all
dimensioned striping elements of the bikeways,
proposed green conflict striping and crosswalks
configurations, advanced stop bars, and limits
of pavement surface preparation. City provided
aerial photos will be provided to Consultant, on
request.

Design Professional Agreement with BKF Engineers/Exhibit A1-Scope of Services Page 8 Rev. 09-28-18

Task # Task Description Task Activities
- If any of the Selected Alternatives require civil
improvements, such as concrete work,
schematic display of said improvements.

(d) Prepare a preliminary engineer’s estimate
based upon quantities of work.

2.2 Environmental
Clearance
Consultant shall:
(a) Serve as lead in securing environmental
approvals required under Local Assistance
Process in conformance with the Caltrans Local
Assistance Procedures Manual (LAPM).

Consultant shall be the lead in preparing all
required documentation for City review, and
City will submit documentation to Caltrans.

(b) Complete the Field Review (FR) Form,
including required attachments, and attend the
Field Review meeting.

(c) Complete the Preliminary Environmental
Study (PES) form and all required documents
per Caltrans LAPM Chapter 6 in compliance
with California National Environment Policy Act
(NEPA) and other applicable environmentally
related laws. It is assumed Caltrans will be
Lead Agency for NEPA and City will be Lead
Agency for CEQA.
- Environment Review (NEPA) – Exclusion: It is
anticipated that the street and bicycle facility
upgrades to be designed and constructed will
be determined as Categorically Excluded under
23 USC 326.

(d) Review the preliminary designs for the
proposed improvements to recommend CEQA
determination, and prepare a brief
memorandum to document and support the
recommendation.
- Environment Review (CEQA) – Exemption: It
is anticipated that the street and bicycle facility
upgrades to be designed and constructed will
be determined as either categorically exempt
under the California Environment Quality Act
(CEQA) Guidelines 15302 (c), Replacement or
Reconstruction.

Design Professional Agreement with BKF Engineers/Exhibit A1-Scope of Services Page 9 Rev. 09-28-18

Task # Task Description Task Activities

(e) In accordance with the anticipated CEQA
exemption, Consultant shall prepare a Notice of
Exemption for the improvements included in
Project. The Notice of Exemption shall be
submitted in draft for the City review and
revised/finalized for submittal based on the City
reviews. Consultant shall file the Notice of
Exemption on behalf of City and filing fees
(County filing fee and CDFW fees, if applicable)
shall be considered as a reimbursable expense.

Consultant shall also provide supporting
documentation to City for City to submit to the
State Clearinghouse under City’s CEQANET
account.
- Should a revalidation of environmental
documentation be required due to changes to
the Project in future final design activities,
Consultant shall provide any necessary support
for the revalidation.

Phase 2A: Task 2 Deliverables

2.1 Preliminary Design Plans – One (1) PDF
Preliminary Cost Estimate – One (1) PDF

2.2 Field Review (FR) and Preliminary Environmental Study (PES) Forms.

Field Review meeting notes, if requested
Memorandum of CEQA Determination Recommendation, Draft and Final Notice of Exemption
Recorded document for CEQA Filing Notice of Exemption

4. PHASE 2B: FINAL DESIGN

Upon completion of Phase 2A, and after receiving a written Notice to Proceed from City, Consultant shall provide Final Design and Construction Support for the Project.

Services related to final design shall only proceed after receiving approval of required NEPA environmental documentation through Caltrans, per Federal-Aid requirements. The City’s Design Engineering Division will have primary responsibility for the design phase of the Project.

Design Professional Agreement with BKF Engineers/Exhibit A1-Scope of Services Page 10 Rev. 09-28-18

4.1. Phase 2B: Task 1: Agency Coordination & Permitting - Refer to the table below for tasks and deliverables for Phase 2B: Task 1 Consultant will be responsible for. Consultant shall coordinate and secure permits required for the Project. Consultant shall serve as lead in obtaining all concurrence and approvals. The following agencies and permits listed in the table below are assumed to be required.

Task # Task Description Task Activities
1 Agency Coordination and Permitting

1.1 Caltrans
Encroachment
Permit

Project Location 1 (Scott Blvd) will cross El Camino
Real which includes Caltrans right-of-way.

Consultant shall apply for and obtain a standard
Caltrans “Parent” encroachment permit, including
associated forms required for the permit including
but not limited to Caltrans forms TR-0100, TR-0402,
TR-0405, and TR-0416 . Due to the simple nature
of the improvements at this location, Consultant
shall anticipate one round of reviews for
implementation of Caltrans comments. It is
anticipated that a DEER or PEER will not be
required for the proposed improvements. It is also
anticipated that the construction contractor would
be required to obtain a “Rider” encroachment permit
during construction.
- Perform all necessary assessments and
investigations to determine the existing conditions
and improvements.

1.2 Santa Clara
County Roads &
Airports (SCCRA)
Encroachment
Permit

(a) The following locations are assumed to require
coordination with SCCRA and associated permit(s):
- Project Location 1 (De La Cruz Blvd
• Intersection with Montague Expressway
- Project Location 2 (Lick Mill Blvd)
• Intersection with Montague Expressway
- Project Location 3 (Scott Blvd)
• Intersection with San Tomas Expressway
• Intersection with Central Expressway

(b) Consultant shall perform the following activities
culminating in obtaining an “Conditional Clearance”
or “For Bidding Purposes” encroachment permit
from the County for the work:
- Coordination for County reviews at milestone
submittals, beginning at preliminary design, and
addressing all comments and necessary design

Design Professional Agreement with BKF Engineers/Exhibit A1-Scope of Services Page 11 Rev. 09-28-18

Task # Task Description Task Activities
changes.
- Preparation of truck turning template exhibits at
each County intersection showing each turning
movement for the existing and proposed lane
geometry.
- Preparation of exhibits showing lane alignment
versus vehicle signal head alignment.
- If required: Preparation of full traffic signal
modification plans showing existing poles,
equipment and conductor schedules, and the
modifications, if any. Consultant shall understand
that the County requires bicycle detector loops to
have dedicated DLC to the cabinet. The existing
signals have not been investigated by City at the
time of preparation of this RFP.

1.3 City Permits: Cities
of San Jose and
Sunnyvale
(a) The following locations are assumed to require
coordination with Cities of Sunnyvale and San Jose
and associated permit(s):
- Project Location 1 (De La Cruz Blvd
• Intersection with Trimble Rd (San Jose)
- Project Location 3 (Scott Blvd)
• Terminus with Arques Ave (Sunnyvale)

(b) Consultant shall perform the following activities
culminating in obtaining an encroachment permit
from the respective agency for the work:
- Coordination for Cities of San Jose and Sunnyvale
at milestone submittals, beginning at preliminary
design, and addressing comments and required
design changes.
- Completing all forms and documentation required
by Cities of San Jose and Sunnyvale, as required
by the issuing agency, necessary for approval.

1.4 City of Santa Clara
Bicycle and
Pedestrian
Advisory
Committee
The project is assumed to be subject to the City’s
Complete Street Policy which requires that major
transportation projects undergo a complete street
review by the City’s Bicycle and Pedestrian
Advisory Committee (BPAC). Consultant is not
expected to attend or present at the meeting, but
will be required to support the City in providing
information required for BPAC review. Consultant
shall assume that one (1) review will take place at
the 65% to 95% PS&E design milestone, and that
staff from the City’s Traffic Engineering Division will

Design Professional Agreement with BKF Engineers/Exhibit A1-Scope of Services Page 12 Rev. 09-28-18

Task # Task Description Task Activities
complete all required complete streets checklists
and agenda report.

Phase 2B: Task 1 Deliverables

1.1 thru

1.3 Permit Application Documentation
Secured Permit(s)

1.4 Fill out the Complete Streets Checklist for the BPAC deliverable.

4.2. Phase 2B: Task 2: Caltrans Construction Authorization (E-76) - Refer to the table below for tasks and deliverables for Phase 2B: Task 2 Consultant will be responsible for.

Task # Task Description Task Activities
2 Caltrans Construction Authorization (E-76)

2.1 Caltrans
Construction
Authorization (E-
76)
Consultant shall coordinate and secure the E-76
request for Construction Authorization for the
Project. Consultant shall be the lead in preparing all
documentation for City review, and City will submit
documentation to Caltrans. The following activities
are assumed to be required to obtain the E-76 for
construction, including but not limited to:
- Calculation of Disadvantaged Business
Enterprises contract goal (LAPM Chapter 9)
- Preparation of PS&E certification and checklist
(LAPM Chapter 12)
- Right of way certification, including utility
certifications(s) (LAPM Chapters 13 and 14)
- Consultant shall assume to prepare a draft
Request for Authorization Package (RFA) for
Caltrans courtesy review no later than the 95%
PS&E milestone, and final RFA for submittal in
conjunction with 100% to Final Bid Set PS&E.

Phase 2B: Task 2 Deliverables

2.1 DBE Goal Calculations
PSE Certification and Checklist
Right of Way Certification(s)
Approved E-76 issued to City

4.3. Phase 2B: Task 3: Plans, Specifications, And Estimate - Co nsultant shall perform engineering and design services to develop construction documents.

Refer to the table below for tasks and deliverables for Phase 2B: Task 3 Consultant will be responsible for.

Design Professional Agreement with BKF Engineers/Exhibit A1-Scope of Services Page 13 Rev. 09-28-18

Task
#
Task Description Task Activities
3 Plans, Specifications, and Estimate

3.1 65% PS&E Consultant shall:
(a) Prepare 65% construction documents (plans,
specifications, and engineers estimate) and
supporting information for City’s review and approval.

(b) Perform site visit(s) as necessary to identify
feasibility of slurry seal pavement treatment and
identify any failed pavement areas recommended to
be improved prior to installing striping.

(d) Perform Utility Record Research including
identifying utility operators, preparing, sending, and
receiving notice letters to utility operators within the Project limits.
- It is assumed that the pavement preparation for the
bicycle striping will be slurry seal, and City will require all surface features (e.g. lids, covers, monuments)
and required work to be displayed on the plans.

Consultant shall expect items of construction work to
adjust any low-facilities that exist in the pavement
surface prior to and after the slurry seal treatment,
including utilities within bike lanes.

(e) Provide technical specifications.
- Consultant shall be familiar with City’s standard
specifications and provide all Technical Specifications or Special Provisions such that they supplement, and
do not conflict with, and are not
redundant with the standard specifications. Changes
to the City’s boilerplate or deviations from the
standard specifications shall be addressed by
incorporating appropriate information into the Project
Technical Specifications or Special Provisions.

(f) Provide modified sections to City standard
specifications as needed to suit the Project. Modified
sections shall include, but not be limited to, general
information, summary of work, measurement, and
payment for bid items, permitting and agency
regulatory requirements, etc.

Design Professional Agreement with BKF Engineers/Exhibit A1-Scope of Services Page 14 Rev. 09-28-18

Task
#
Task Description Task Activities

(g) Prepare an updated engineering cost estimate.
- The Engineer’s Cost Estimate shall be an itemized
list of bid items and shall be accurate and prepared
based upon current construction pricing and escalated
to time of mid-construction using engineering
judgement. Consultant shall review recent bids, and
contact vendors, suppliers, and construction
contractors as necessary to develop an accurate cost
estimate.

(h) Meet with City staff, as needed, to review City
comments on 65% submittal and gain concurrence as
to how the documents will be revised as appropriate
to incorporate City comments in future submittals.

(i) Plan, coordinate, schedule, attend meetings, and
produce meeting minutes with action items for all
meetings with City as deemed necessary to efficiently
complete this task of the design in a timely manner.

(j) Conduct a quality control (QC) review of design
documents (Plans, Specifications, and Engineer’s
Cost Estimates).
- Provide required information to City’s Project
Specific Specification Book (Division 0, 1, and 2).

Required information from Consultant for City’s
frontend specifications shall include, but not be limited to, the following:
• Description of work
• Type of Contractor’s License required.
• Construction Duration for substantial completion
and final completion
• Bid schedule
• Requirements for Contractor’s Statement of
Qualifications (e.g., experience requirements for
similar work and contract values)
• Identification of any changes to City’s standard
specifications that are required.

Design Professional Agreement with BKF Engineers/Exhibit A1-Scope of Services Page 15 Rev. 09-28-18

Task
#
Task Description Task Activities

3.2 95% PS&E (a) Prepare 95% construction documents (plans, specifications, and engineers estimate) and
supporting information for City’s review and approval.

(b) The 95% submittal package shall incorporate
comments received from City on the 65% submittal
package. The submittal shall include a written
response to City comments including a description of
how the comments were/were not incorporated into
the submittal package. All redlined drawings shall be
returned with Consultant’s response on the redlined
drawings.

(c) Consultant shall conduct a quality control (QC)
review of the submittal in accordance with
Consultant’s Quality Assurance/Quality Control
(QA/QC) program.

(d) Consultant shall submit the 95% plans to affected
utility owners for their use and information.

(e) Meet with City staff, as needed, to review City
comments on 95% submittal and gain concurrence as
to how the documents will be revised as appropriate
to incorporate City comments in future submittals.

3.3 100% Final PS&E (a) Based on City’s comments and direction on the 95% PS&E, Consultant shall revise the 95% PS&E to
produce the 100% PS&E. Consultant shall:
- Prepare 100% construction documents and
supporting documents.
- Prepare an updated Engineering Cost Estimate with
backups of quantity calculations and support for
sources of unit pricing.
- Provide Documents for City’s PS&E approval
process. Required documents are, but not be limited
to, engineer’s estimate using the schedule of
quantities format, recent similar project bid summaries to validate engineer’s estimate, Consultant Peer
Review Certification, Consultant Lessons Learned
from other similar projects that were applied to
Project.
- 100%/Final PS&E shall be Peer reviewed and
Certification of Peer Review shall be submitted with

Design Professional Agreement with BKF Engineers/Exhibit A1-Scope of Services Page 16 Rev. 09-28-18

Task
#
Task Description Task Activities
the 100% Submittal.
- A statement to indicate Peer Review has been
performed and name, signature, and title of the
Engineer who performed it shall be added to the
Plans Cover Sheet. Peer Review is defined as an
independent review by an individual of equal or
greater expertise and experience as the engineer of
record. This individual should be independent from
and not associated with the Project but may be from
the same Consultant firm. It is further required that
the Peer Review does not replace or limit Consultant’s
internal QA/QC procedures.

The following paragraph shall be put on the company
letter head, dated, and signed by the Peer Review
Engineer.
“The undersigned hereby certifies that a professional
peer review of these plans and the required designs
was conducted by me, a professional engineer with
expertise and experience in the appropriate fields of
engineering equal to or greater than the Engineer of
Record, and that appropriate corrections have been
made.”
- Provide written response matrix to City’s comments
on 95% PS&E.
- Consultant shall conduct a quality control (QC)
review of the submittal in accordance with
Consultant’s Quality Assurance/Quality Control
(QA/QC) program.

3.4 Final Bid Set
Documents
(a) This submittal shall be considered as a limited
submittal to formalize and sign the Final Bid Set
documents, and resolution of any minor issues
remaining from the 100%/Final PS&E package. This
submittal shall address any comments from City’s
internal departments and permitting agencies as
needed.

(b) The final submittal shall consist of final Plans and Specifications, signed, stamped and dated by
Consultant in responsible charge for their preparation, including PEER Review Statement, and be
considered ready to bid. The final submittal shall be
ready for City staff approval signatures.

Phase 2B: Task 3 Deliverables

Design Professional Agreement with BKF Engineers/Exhibit A1-Scope of Services Page 17 Rev. 09-28-18

Task
#
Task Description Task Activities

3.1 65% Plans - One (1) PDF
65% Specifications - One (1) PDF and Native MS Word
65% Engineering Cost Estimate - One (1) PDF and Native MS Word

3.2 95% Plans - One (1) PDF
95% Specifications - One (1) PDF and Native MS Word
95% Engineering Cost Estimate - One (1) PDF and Native MS Word

3.3 100% Plans - One (1) PDF
100% Specifications - One (1) PDF and Native MS Word
100% Engineering Cost Estimate - One (1) PDF and Native MS Word

3.4 Bid Set Plans, Specifications, and Estimate (PDF) and Native Files

5. PHASE 2C: AS-NEEDED CONSTRUCTION ENGINEERING
All services completed within these tasks shall be on an as-needed basis and shall be specifically requested by City in writing prior to Consultant providing services. Services shall not be provided until the approved E-76 for Construction Engineering (CE) is provided to City through Caltrans and Consultant receives a written Notice to Proceed from City prior to providing services.

5.1. Phase 2C: Task 1: As-Neede
d Bid And Award Support - Consultant shall
provide assistance to City during the construction bidding and award phase, answer questions from bidders, help and prepare exhibits for addenda when necessary, assist City in evaluation of bids received, and provide a written recommendation for the award of contract, when requested. All services completed within this task shall be on an as-needed basis and shall be specifically requested by City in writing prior to Consultant providing services.

Refer to the table below for tasks and deliverables for Phase 2C: Task 1 Consultant will be responsible for if services are requested by the City.

Task # Task Description Task Activities
1 As-Needed Bid and Award Support

1.1 As-Needed Bid
and Award
Support
Upon City’s Request, Consultant shall:

(a) Attend and conduct one Pre-Bid Conference/Site
Visit.
(b) Assist City with responses to bidder’s inquiries
through City’s Project Manager.
(c) Assist City with addenda to the construction
documents as needed to respond to bidder’s inquiries
and clarify the intent of bid documents.
(d) Within fourteen (14) days from the bid opening
date, prepare and submit a conformed set of contract
I

Design Professional Agreement with BKF Engineers/Exhibit A1-Scope of Services Page 18 Rev. 09-28-18

Task # Task Description Task Activities
documents (Plans and Specifications) incorporating
any and all addenda (if applicable).

Phase 2C: Task 1 Deliverables

1.1 - Written response to bidder’s inquiries, if needed – Signed PDF. - Addenda to the Bid Documents, if needed – Signed PDF. - Written recommendation letter to award of contract for Project, if needed – Signed PDF.
- Conformed Set, if needed – One (1) PDF of Plans and Specifications, one (1) AutoCAD file of Plans, and one (1) Microsoft Word file of Specifications.

5.2. Phase 2C; Task 2: As-Ne eded Construction Support - The City’s Field Services Division will have primary responsibility for construction management and inspection. Consultant’s responsibility shall be to provide basic as-needed services for the construction phase under this Agreement commences with the award of construction contract and terminates on the date City approves the notice of completion of Project. All services completed within this Task shall be on an as-needed basis and shall be specifically requested by City in writing prior to Consultant providing services. Refer to the table below for tasks and deliverables for Phase 2C: Task 2 Consultant will be responsible for if services are requested by the City.

Task # Task Description Task Activities
2 As-Needed Construction Support
These services shall not be performed until a written Notice to Proceed for the services is provided by City and receipt of written approval from Caltrans of CE/CON phases for the Project.

2.1 As-Needed
Construction
Support
Upon City’s Request, Consultant shall:
(a) Attend the Pre-construction meeting and respond
to pre-construction meeting questions.

(b) Perform construction site visits.

(c) Review technical submittals, shop drawings,
product data, product samples, and product
warranties from the contractor for conformance with
the specifications and drawings. The Consultant’s
action shall be taken with such reasonable
promptness so as to cause no delay in the work,
while allowing sufficient time in Consultant’s judgment to permit adequate review. Consultant will be allowed
a maximum of seven (7) calendar days for review of
submittals.

Design Professional Agreement with BKF Engineers/Exhibit A1-Scope of Services Page 19 Rev. 09-28-18

Task # Task Description Task Activities
(d) Respond to Contractor’s Request for Information
(RFI) and Request for Substitution (RFS).

Interpretations and decisions of Consultant shall be
consistent with the intent of and reasonably inferable
from the Contract Documents and shall be in writing
or in the form of drawings. Consultant shall be
allowed a maximum of seven (7) calendar days to
respond to RFIs and RFSs that impact Project
schedule or a maximum of fourteen (14) calendar
days to respond to RFIs and RFSs that do not impact
Project schedule.

(e) Consultant shall prepare the Scope of Work,
including sketches, for Field Instructions issued to the Contractor. When requested by City, Consultant shall
review Change Order (CO) pricing and provide
written responses for City’s review and finalizing said COs.

(f) When requested by City, Consultant shall conduct
reviews to assist City to determine the date or dates
of Substantial Completion and the date of Final
Completion. Consultant’s decisions with City approval
on matters relating to aesthetic effect may be final if consistent with the intent expressed in the Contract
Documents.

(g) Upon request by City, in accordance with contract
Specifications, for Substantial Completion and later
Final Completion, Consultant shall assist City in
determining if Project is ready for the stage of
completion requested by the Contractor. Consultant
shall provide City with a written recommendation.

(h) Consultant shall perform a walk-through of Project
site, review Contractor Punch List, and provide
written response with status and action of items on
the Punch List. Consultant shall attend final walk-
through of Project site with City, verify Punch List
completion, and provide written response with
recommendation regarding Project acceptance and
close-out.

(i) Consultant shall review Contractor-supplied
Operation and Maintenance manuals and Warranties

Design Professional Agreement with BKF Engineers/Exhibit A1-Scope of Services Page 20 Rev. 09-28-18

Task # Task Description Task Activities
to determine their completeness and compliance with
Construction Contract and provide written
recommendation for acceptance.

Phase 2C: Task 2 Deliverables

2.1 - Signed PDFs of Reviewed Contractor Submittals, Shop Drawings, RFIs, RFSs, and Field Instructions.
- Signed PDFs of COs’ recommendations.
- Substantial Completion/Final Completion recommendations and Reviewed Punch List – One (1) signed PDF.

5.3. Phase 2C: Task 3: Post-Cons truction Phase - Refer to the table below for tasks and deliverables for Phase 2C: Task 3 Consultant will be responsible for if services are requested by the City.

Task # Task Description Task Activities
3 As-Needed Post-Construction Phase

3.1 As-Needed Post-
Construction
Phase
(a) If requested by City, provide a complete set of the Record Drawings and all X-ref files “bound,” including
other associated fonts, plot style files on AutoCAD,
including electronic copies in PDF format. Consultant
may, at its own expense, prepare and retain a copy of
each drawing for its permanent file.

(b) Record Drawings shall be based upon Redlines
maintained by the construction contractor and
provided to Consultant through the City.

Phase 2C: Task 3 Deliverables

3.1 Record Drawings – One (1) PDF and one (1) set of AutoCAD files on CD/DVD.

Design Professional Agreement with BKF Engineers/Exhibit A2-Corridor Images Page 1 Rev. 09-28-18

EXHIBIT A2

CORRIDOR IMAGES

Scott

Design Professional Agreement with BKF Engineers/Exhibit A3-Deadlines and Milestones Page 1 Rev. 09-28-18

EXHIBIT A3

DEADLINES AND MILESTONES

Milestone Date
Phase 1: Planning
BPAC (2) – Draft Concept Designs October 28, 2024
Community Survey/Meeting #1 October 2024
BPAC (3) – Traffic/Parking Analysis and
Preferred Concept Recommendations January 27, 2025
Community Survey/Meeting #2 November 2024
Draft Report December 2024
City Council Study Session January 2025
Final Draft Report January 2025
City Council Preferred Alternatives/Report
Adoption February 2025
Final Report February 2025
Phase 2: Design
Design Phase Kickoff* January 2025
E-76 Deadline September 30, 2025
*The City highly encourages design phase preparatory work (base mapping, standard provision preparation, and etc.) start before this date to meet project deadlines.

Design Professional Agreement with BKF Engineers /Exhibit B1-Schedule of Fees Page 1 Rev. 09-28-18
EXHIBIT B1

SCHEDULE OF FEES

1. MAXIMUM COMPENSATION

1.1. The maximum amount payable for all services provided under this Agreement shall not exceed Seven Hundred Sixty-Two Thousand Eight Hundred Twelve Dollars ($762,812), 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
Phase 2A - Preliminary Engineering and Environmental Studies Task 1: Project Management $2,626
Task 2: Preliminary Engineering and Environmental Clearance $65,049 Phase 2B - Final Design
Task 1: Agency Coordination and Permitting $62,469
Task 2: Caltrans Construction Authorization (E-76) $31,762 Task 3: Plans, Specifications and Estimate (PS&E) $430,499 Phase 2C - As-Needed Construction Engineering
Task 1: As-Needed Bid and Award Support $10,649
Task 2: As-Needed Construction Support $32,215
Task 3: As-Needed Post Construction Phase $18,650
Other Direct Costs (Including subcontractor markup) $9,396 TOTAL FOR ALL TASKS AND OTHER DIRECT COSTS $663,315
Contingency $99,498
TOTAL MAXIMUM COMPENSATION NOT-TO-EXCEED $762,812

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.

Design Professional Agreement with BKF Engineers /Exhibit B1-Schedule of Fees Page 2 Rev. 09-28-18

2. FEES

2.1. All hourly rates are fixed for the Term of the Agreement

2.2. The hourly rates for Consultant’s and Subconsultant’s Personnel are listed below in Table B2:

Table B2
Title Hourly Rate
BKF Engineers (Project Management, Civil Engineering,
Right of Way, Permits)
Gordon Sweet $ 357.35
Marcelo Cosentino $ 299.26
Carmello Cecilio $ 266.41
Cheung Wong $ 240.05
Norm Dyer $ 247.29
Andrew Michel $ 299.26
Engineering Manager $ 247.26
Sr. Project Engineer/Sr. Project Surveyor $ 230.34 Project Engineer/Project Surveyor $ 194.10
Design Engineer/Staff Surveyor $ 160.87
Technician IV $ 190.52
Clerical/Admin Assistant $ 104.49
David J. Powers & Associates (DBE) (Environmental
Support, Compliance, Permitting)
Principal Project Manager $ 266.78
Project Manager $ 16.69
Graphic Artist $ 104.20
Researcher $ 101.22
TJKM (DBE) (Transportation and Design Support)
Nayan Amin $ 284.92
Sandeep Paparaju $ 221.90
Rutvij Patel $ 221.90
Andrew Dickson $ 145.52
Devyani Padubidri $ 98.06
Aayush Kalantri $ 95.89

Design Professional Agreement with BKF Engineers /Exhibit B1-Schedule of Fees Page 3 Rev. 09-28-18

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;

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.

Design Professional Agreement with BKF Engineers /Exhibit B2-Fees By Task Page 1 Rev. 09-28-18
EXHIBIT B2

FEES BY TASK

1. PHASE 2A – PRELIMINARY ENGINEERING AND ENVIRONMENTAL STUDIES

TASK
# DESCRIPTION BUDGETE

D HOURS
HOURLY

RATE TOTAL
PHASE 2A: Preliminary Engineering and Environmental Studies 1 Project Management

1.1 Project Kick-Off Meeting $2,626
Gordon Sweet (BKF Engineers) 4 $357.35 $1,429
Marcelo Cosentino (BKF Engineers) 4 $299.26 $1,197
TOTAL FOR TASK 1 8 $2,626
2 Preliminary Engineering and Environmental Clearance

2.1 Preliminary Engineering $27,281

Gordon Sweet (BKF Engineers) 2 $357.35 $715
Marcelo Cosentino (BKF Engineers) 4 $299.26 $1,197
Cheung Wong (BKF Engineers) 12 $240.05 $2,881
Project Engineer/Project Surveyor (BKF
Engineers) 18 $194.14 $3,495
Technician IV (BKF Engineers) 32 $190.52 $6,097
Nayan Amin (TJKM) 4 $284.92 $1,140
Sandeep Paparaju (TJKM) 12 $221.90 $2,663
Rutvij Patel (TJKM) 20 $221.90 $4,438
Andrew Dickson (TJKM) 32 $145.52 $4,657

2.2 Environmental Clearance $37,769

Marcelo Cosentino (BKF Engineers) 2 $299.26 $599
Cheung Wong (BKF Engineers) 2 $240.05 $480
Principal Project Manager (David J. Power &
Associates) 30 $266.78 $8,003
Project Manager (David J. Power &
Associates) 140 $169.69 $23,757
Graphic Artist (David J. Power & Associates) 24 $104.20 $2,501 Researcher (David J. Power & Associates) 24 $101.22 $2,429 TOTAL FOR TASK 2 358 $65,049

Design Professional Agreement with BKF Engineers /Exhibit B2-Fees By Task Page 2 Rev. 09-28-18

2. PHASE 2B – FINAL DESIGN
TASK # DESCRIPTION BUDGETED
HOURS
HOURLY

RATE TOTAL
1 Agency Coordination and Permitting

1.1 Caltrans Encroachment Permit $17,553

Gordon Sweet (BKF Engineers) 4 $357.35 $1,429
Marcelo Cosentino (BKF Engineers) 8 $299.26 $2,394
Cheung Wong (BKF Engineers) 20 $240.05 $4,801
Sr. Project Engineer/Sr. Project Surveyor
(BKF Engineers) 22 $230.34 $5,067
Design Engineer/Staff Surveyor (BKF
Engineers) 24 $160.87 $3,861

1.2 Santa Clara County Roads & Airports (SCCRA) Encroachment Permit $23,514

Gordon Sweet (BKF Engineers) 2 $357.35 $715
Marcelo Cosentino (BKF Engineers) 4 $299.26 $1,197
Cheung Wong (BKF Engineers) 12 $240.05 $2,881
Sr. Project Engineer/Sr. Project Surveyor
(BKF Engineers) 8 $230.34 $1,843
Design Engineer/Staff Surveyor (BKF
Engineers) 12 $160.87 $1,930
Nayan Amin (TJKM) 4 $284.92 $1,140
Sandeep Paparaju (TJKM) 12 $221.90 $2,663
Rutvij Patel (TJKM) 24 $221.90 $5,326
Andrew Dickson (TJKM) 40 $145.52 $5,821

1.3 City Permits: Cities of San Jose and Sunnyvale $9,026

1.4 City of Santa Clara Bicycle and Pedestrian Advisory Committee $12,376

Gordon Sweet (BKF Engineers) 2 $357.35 $715
Marcelo Cosentino (BKF Engineers) 4 $299.26 $1,197
Cheung Wong (BKF Engineers) 12 $240.05 $2,881
Sr. Project Engineer/Sr. Project Surveyor
(BKF Engineers) 8 $230.34 $1,843
Design Engineer/Staff Surveyor (BKF
Engineers) 12 $160.87 $1,930
Technician IV (BKF Engineers) 20 $190.52 $3,810
TOTAL FOR TASK 1 294 $62,469

Design Professional Agreement with BKF Engineers /Exhibit B2-Fees By Task Page 3 Rev. 09-28-18
TASK # DESCRIPTION BUDGETED
HOURS
HOURLY

RATE TOTAL
2 Caltrans Construction Authorization (E-76)

2.1 Caltrans Construction Authorization (E-76) $31,762

Gordon Sweet (BKF Engineers) 4 $357.35 $1,429
Marcelo Cosentino (BKF Engineers) 12 $299.26 $3,591
Cheung Wong (BKF Engineers) 16 $240.05 $3,841
Andrew Michel (BKF Engineers) 8 $299.26 $2,394
Sr. Project Engineer/Sr. Project Surveyor
(BKF Engineers) 32 $230.34 $7,371
Project Engineer/Project Surveyor (BKF
Engineers) 32 $194.14 $6,212
Principal Project Manager (David J. Power &
Associates) 6 $266.78 $1,601
Project Manager (David J. Power &
Associates) 24 $169.69 $4,073
Graphic Artist (David J. Power & Associates) 12 $104.20 $1,250 TOTAL FOR TASK 2 146 $31,762
3 Plans, Specifications, and Estimate (PS&E)

3.1 65% PS&E $128,506

Gordon Sweet (BKF Engineers) 2 $357.35 $715
Marcelo Cosentino (BKF Engineers) 16 $299.26 $4,788
Carmelo Cecilio (BKF Engineers) 8 $266.41 $2,131
Cheung Wong (BKF Engineers) 60 $240.05 $14,403
Norm Dyer (BKF Engineers) 2 $247.29 $495
Andrew Michel (BKF Engineers) 24 $299.26 $7,182
Engineering Manager 34 $247.26 $8,407
Sr. Project Engineer/Sr. Project Surveyor
(BKF Engineers) 54 $230.34 $12,438
Project Engineer/Project Surveyor (BKF
Engineers) 94 $194.14 $18,249
Design Engineer/Staff Surveyor (BKF
Engineers) 120 $160.87 $19,304
Technician IV (BKF Engineers) 120 $190.52 $22,862
Clerical Admin Assistant (BKF Engineers) 8 $104.49 $836 Nayan Amin (TJKM) 4 $284.92 $1,140
Sandeep Paparaju (TJKM) 12 $221.90 $2,663
Rutvij Patel (TJKM) 24 $221.90 $5,326
Andrew Dickson (TJKM) 52 $145.52 $7,567

3.2 95% PS&E $114,251

Design Professional Agreement with BKF Engineers /Exhibit B2-Fees By Task Page 4 Rev. 09-28-18
TASK # DESCRIPTION BUDGETED
HOURS
HOURLY

RATE TOTAL
Andrew Michel (BKF Engineers) 20 $299.26 $5,985
Engineering Manager 30 $247.26 $7,418
Sr. Project Engineer/Sr. Project Surveyor BKF
Engineers) 42 $230.34 $9,674
Project Engineer/Project Surveyor (BKF
Engineers) 82 $194.14 $15,919
Design Engineer/Staff Surveyor (BKF
Engineers) 102 $160.87 $16,409
Technician IV (BKF Engineers) 100 $190.52 $19,052
Clerical Admin Assistant (BKF Engineers) 8 $104.49 $836 Nayan Amin (TJKM) 4 $284.92 $1,140
Sandeep Paparaju (TJKM) 12 $221.90 $2,663
Rutvij Patel (TJKM) 38 $221.90 $8,432
Andrew Dickson (TJKM) 42 $145.52 $6,112

3.3 100% PS&E $104,573

Gordon Sweet (BKF Engineers) 2 $357.35 $715
Marcelo Cosentino (BKF Engineers) 16 $299.26 $4,788
Carmelo Cecilio (BKF Engineers) 8 $266.41 $2,131
Cheung Wong (BKF Engineers) 52 $240.05 $12,483
Norm Dyer (BKF Engineers) 2 $247.29 $495
Andrew Michel (BKF Engineers) 20 $299.26 $5,985
Engineering Manager 28 $247.26 $6,923
Sr. Project Engineer/Sr. Project Surveyor
(BKF Engineers) 36 $230.34 $8,292
Project Engineer/Project Surveyor (BKF
Engineers) 76 $194.14 $14,755
Design Engineer/Staff Surveyor (BKF
Engineers) 90 $160.87 $14,478
Technician IV (BKF Engineers) 90 $190.52 $17,147
Clerical Admin Assistant (BKF Engineers) 8 $104.49 $836 Nayan Amin (TJKM) 4 $284.92 $1,140
Sandeep Paparaju (TJKM) 12 $221.90 $2,663
Rutvij Patel (TJKM) 28 $221.90 $6,213
Andrew Dickson (TJKM) 38 $145.52 $5,530

3.4 Final Bid Set Documents $83,169

Gordon Sweet (BKF Engineers) 2 $357.35 $715
Marcelo Cosentino (BKF Engineers) 12 $299.26 $3,591
Carmelo Cecilio (BKF Engineers) 6 $266.41 $1,598
Cheung Wong (BKF Engineers) 24 $240.05 $5,761
Norm Dyer (BKF Engineers) 2 $247.29 $495
Andrew Michel (BKF Engineers) 18 $299.26 $5,387
Engineering Manager 24 $247.26 $5,934

Design Professional Agreement with BKF Engineers /Exhibit B2-Fees By Task Page 5 Rev. 09-28-18
TASK # DESCRIPTION BUDGETED
HOURS
HOURLY

RATE TOTAL
Sr. Project Engineer/Sr. Project Surveyor
(BKF Engineers) 32 $230.34 $7,371
Project Engineer/Project Surveyor (BKF
engineers) 56 $194.14 $10,872
Design Engineer/Staff Surveyor (BKF
Engineers) 72 $160.87 $11,583
Technician IV (BKF Engineers) 80 $190.52 $15,242
Clerical Admin Assistant (BKF Engineers) 8 $104.49 $836 Nayan Amin (TJKM) 4 $284.92 $1,140
Sandeep Paparaju (TJKM) 12 $221.90 $2,663
Rutvij Patel (TJKM) 24 $221.90 $5,326
Andrew Dickson (TJKM) 32 $145.52 $4,657
TOTAL FOR TASK 3 2112 $430,499
TOTAL FOR PHASE 2B $524,731

3. PHASE 2C – AS-NEEDED CONSTRUCTION ENGINEERING
TASK # DESCRIPTION BUDGETED
HOURS
HOURLY

RATE TOTAL
PHASE 2C: AS-NEEDED CONSTRUCTION ENGINEERING
1 As-Needed Bid and Award Support

1.1 As-Needed Bid and Award Support $10,649

Gordon Sweet (BKF Engineers) 2 $357.35 $715
Marcelo Cosentino (BKF Engineers) 8 $299.26 $2,394
Cheung Wong (BKF Engineers) 12 $240.05 $2,881
Project Engineer/Project Surveyor (BKF
Engineers) 24 $194.14 $4,659
TOTAL FOR TASK 1 46 $21,297
2 As-Needed Construction Support

2.1 As-Needed Construction Support $32,215

Gordon Sweet (BKF Engineers) 4 $357.35 $1,429
Marcelo Cosentino (BKF Engineers) 12 $299.26 $3,591
Cheung Wong (BKF Engineers) 28 $240.05 $6,721
Sr. Project Engineer/Sr. Project Surveyor
(BKF Engineers) 32 $230.34 $7,371
Project Engineer/Project Surveyor (BKF
Engineers) 36 $194.14 $6,989
Design Engineer/Staff Surveyor (BKF
Engineers) 38 $160.87 $6,113
TOTAL FOR TASK 2 150 $32,215
3 As-Needed Post Construction Phase

I I I I

Design Professional Agreement with BKF Engineers /Exhibit B2-Fees By Task Page 6 Rev. 09-28-18
TASK # DESCRIPTION BUDGETED
HOURS
HOURLY

RATE TOTAL

3.1 As-Needed Post Construction Phase $18,650

Gordon Sweet (BKF Engineers) 2 $357.35 $715
Marcelo Cosentino (BKF Engineers) 4 $299.26 $1,197
Nayan Amin (TJKM) 4 $284.92 $1,140
Sandeep Paparaju (TJKM) 20 $221.90 $4,438
Rutvij Patel (TJKM) 28 $221.90 $6,213
Andrew Dickson (TJKM) 34 $145.52 $4,948
TOTAL FOR TASK 3 92 $18,650
TOTAL FOR PHASE 2C $72,163

4. OTHER DIRECT COSTS
Other Direct Costs
Postage/Delivery $200
Mileage/Travel $4,600
Printing/Reproduction (Internal) $0
Aerial Topography $0
Filing Fees $50
Subconsultant Markup 10% $4,546
TOTAL FOR OTHER DIRECT COSTS $9,396

I I I I

Design Professional Agreement with BKF Engineers/Exhibit C-Insurance Requirements Page 1 Rev. 09-28-18

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.

Design Professional Agreement with BKF Engineers/Exhibit C-Insurance Requirements Page 2 Rev. 09-28-18
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 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

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.

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. Additional Insureds.

Design Professional Agreement with BKF Engineers/Exhibit C-Insurance Requirements Page 3 Rev. 09-28-18
or the combination of CG 20 10 03 97 and CG 20 37 10 01, or its equivalent.

2. Primary and non-contr ibuting. 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 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.

4. Other 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. ADDITIONAL INSURANCE RELATED PROVISIONS
Cons
ultant and City agree as follows:

Design Professional Agreement with BKF Engineers/Exhibit C-Insurance Requirements Page 4 Rev. 09-28-18
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.

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.

EBIX Inc.

City of Santa Clara Department of Public Works
P.O. Box 100085 – S2
Duluth, GA 30096

Design Professional Agreement with BKF Engineers/Exhibit C-Insurance Requirements Page 5 Rev. 09-28-18

Design Professional Agreement with BKF Engineers/Exhibit D-Labor Compliance Page 1 Rev. 09-28-18

EXHIBIT D

A. Prevailing Wage Requirements

Contractors and subcontractors are on notice that information about such special rates, holidays, premium pay, shift work and travel and subsistence requirements can be found at www.dir.ca.gov .

Design Professional Agreement with BKF Engineers/Exhibit D-Labor Compliance Page 2 Rev. 09-28-18
payroll, fringe benefit statements and backup documentation such as monthly benefit statements, employee timecards, copies of wage statements and cancelled checks, proof of training contributions (CAC2 if applicable), and apprenticeship forms such as DAS-140 and DAS-142.

11. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

Design Professional Agreement with BKF Engineers/Exhibit D-Labor Compliance Page 3 Rev. 09-28-18
practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records or documents shall be made available at Contractor’s address indicated for receipt of notices in this Agreement.

C. Enforcement

2. Based on State funding sources, this project may be subject to special labor compliance requirements of Proposition 84.

City or the California Department of Industrial Relations may impose penalties upon contractors and subcontractors for failure to comply with prevailing wage requirements.

These penalties are up to $200 per day per worker for each wage violation identified; $100 per day per worker for failure to provide the required paperwork and documentation requested within a 10-day window; and $25 per day per worker for any overtime violation.

Design Professional Agreement with BKF Engineers/Exhibit E-Title VI Assurances Page 1 Rev. 09-28-18

EXHIBIT E

TITLE VI ASSURANCES

Design Professional Agreement with BKF Engineers/Exhibit E-Title VI Assurances Page 2 Rev. 09-28-18
i. withholding of payments to CONSULTANT under the Agreement within a reasonable period of time, not to exceed 90 days; and/or ii. cancellation, termination or suspension of the Agreement, in whole or in part.

Design Professional Agreement with BKF Engineers/Exhibit E-Title VI Assurances Page 3 Rev. 09-28-18
• 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;
• 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).

Design Professional Agreement with BKF Engineers/Exhibit F-Notice of Exercise of Option Form Page 1 Rev. 09-28-18

EXHIBIT F

NOTICE OF EXERCISE OF OPTION TO EXTEND AGREEMENT FORM

AGREEMENT TITLE:

CONSULTANT:

DATE:

Pursuant to Section __ of the Agreement referenced above, the City of Santa Clara hereby exercises its option to extend the term under the following provisions:

OPTION NO. # of #

NEW OPTION TERM
Begin date:

End date:

CHANGES IN RATE OF COMPENSATION

Percentage change in CPI upon which adjustment is based:

Pursuant to Section ___ of the Agreement the rates of compensation are hereby adjusted as follows:
(use attachment if necessary)

MAXIMUM COMPENSATION for New Option Term:

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 of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-703 Agenda Date: 9/24/2024

REPORT TO COUNCIL

SUBJECT
Action on a Grant Agreement with the California Office of Traffic Safety and Amendment No. 1 to the Agreement with Kimley-Horn and Associates, Inc. for the Santa Clara Vision Zero Plan and Related Budget Amendments

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure

BACKGROUND
Vision Zero is a strategy aimed at eliminating traffic fatalities and severe injuries while also enhancing safe, healthy, and equitable mobility for all. Initially introduced in Sweden in the 1990s, Vision Zero programs have since been implemented around the world and locally in California and Santa Clara County. The City’s Bicycle Plan and Pedestrian Master Plan both include objectives related to exploring the implementation of a Vision Zero Plan. Staff have been actively pursuing various funding sources for a Santa Clara Vision Zero Plan (Plan).

In December 2023, the City Council accepted Federal Safe Streets and Roads for All (SS4A) grant funding to establish the Plan. The City Council also authorized the City Manager to execute all documents related to accepting the federal funding and approved a budget amendment of $570,000 for the Plan. By January 2024, the grant agreement with the Federal Highway Administration (FHWA) was fully executed.

In May 2024, the City Council approved an agreement with Kimley-Horn and Associates, Inc. (Kimley -Horn, Attachment 2) for professional services to assist with the development of the Plan. In July 2024, the City of Santa Clara received an additional $77,800 grant from the California Office of Traffic Safety (OTS) for the promotion and development of the Plan. OTS is the agency responsible for administering traffic safety grants made available to California by the National Highway Traffic Safety Administration (NHTSA). These grant funds will be used for communications and media campaigns, including the design of a Vision Zero logo, as well as the distribution of educational, promotional, and safety materials. Additionally, the funds will support the acquisition of multi-modal citywide transportation data to complete a comprehensive transportation safety analysis.

The purpose of this report is to request Council authorization for the City Manager to execute the Grant Agreement with OTS (Grant Agreement, Attachment 1) and Amendment No. 1 to the agreement with Kimley-Horn (Attachment 3). Both documents are required to be executed prior to OTS’ release of the grant funds.

DISCUSSION
As a condition of receiving the grant, the City is required to execute the Grant Agreement before OTS City of Santa Clara Printed on 9/20/2024Page 1 of 3
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24-703 Agenda Date: 9/24/2024
can approve the award of $77,800. The Grant Agreement specifies that the grant funds must be expended between October 1, 2024, and September 30, 2025. Therefore, staff is requesting that the City Council authorize the City Manager to execute the Grant Agreement as the Authorizing Official on behalf of the City.

Additionally, staff is seeking authorization to execute Amendment No. 1 to the agreement with Kimley -Horn. Amendment No. 1 will allocate $24,299 of the $77,800, bringing the total not-to-exceed compensation to $580,835. The funds will be used for the purchase of safety items and to support additional community engagement workshops/events and Santa Clara Vision Zero Plan promotions.

ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(a) as it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.

FISCAL IMPACT
The recommended budget action recognizes OTS grant funding in the amount of $77,800 and allocates those funds to a new Santa Clara Vision Zero - 2024 OTS Grant project in the Streets and Highways Capital Fund. This project will provide funding for Amendment No. 1 with Kimley-Horn.

Amendment No. 1 with Kimley-Horn and Associates, Inc. for the Santa Clara Vision Zero Plan will increase the current $556,536 agreement by $24,299 for a total not to exceed amount of $580,835.

The table below summarizes the budget action for FY 2024/25.

Budget Amendment
FY 2024/25
Current Increase/
(Decrease)
Revised
Streets and Highways Capital Fund
Revenues
Other Agencies Revenue $27,692,361 $77,800 $27,770,161
Expenditures
Expenditures
Santa Clara Vision Zero - 2024 OTS Grant
(New Project)
$0 $77,800 $77,800

COORDINATION
This report has been coordinated with the City Manager’s Office, the Finance Department and the City Attorney’s Office.

City of Santa Clara Printed on 9/20/2024Page 2 of 3
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24-703 Agenda Date: 9/24/2024

PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] < mailto:[email protected]> or at the
public information desk at any City of Santa Clara public library.

RECOMMENDATION

1. Authorize the City Manager to execute and take all necessary steps to implement the Grant Agreement between the City of Santa Clara and the State of California Office of Traffic Safety in the amount of $77,800 for the Santa Clara Vision Zero Plan, in a final form approved by the City Attorney;

2. Authorize the City Manager to negotiate and execute Amendment No. 1 to the Agreement with Kimley-Horn and Associates, Inc. to increase the maximum compensation by $24,299 for a revised not-to-exceed amount of $580,835, to provide promotional materials and additional support services for the Santa Clara Vision Zero Plan, in a final form approved by the City Attorney;

3. Authorize the City Manager to make minor modifications to both agreements and to extend the terms, if needed, in a final form approved by the City Attorney; and

4. Approve the FY 2024/25 budget amendment in the Streets and Highways Capital Fund to increase the Other Agencies Revenue estimate by $77,800 to recognize grant funding for the OTS grant and establish the Santa Clara Vision Zero - 2024 OTS Grant Project in the amount of $77,800. (Five affirmative Council votes required to appropriate additional revenue) .

Reviewed by: Craig Mobeck, Director of Public Works
Approved by: Jovan D. Grogan, City Manager

ATTACHMENTS

1. Office of Traffic Safety Grant Agreement

2. Original Agreement with Kimley-Horn and Report to Council 24-222

3. Draft Amendment No.1 to Agreement with Kimley-Horn
City of Santa Clara Printed on 9/20/2024Page 3 of 3
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State of California – Office of Traffic Safety

GRANT AGREEMENT

GRANT NUMBER
PS25020

1. GRANT TITLE
Pedestrian and Bicycle Safety Program

2. NAME OF AGENCY 3. Grant Period
Santa Clara From:

To:
10/01/2024
09/30/2025 4. AGENCY UNIT TO ADMINISTER GRANT
Santa Clara Public Works Department

5. GRANT DESCRIPTION
Santa Clara Public Works Department will focus on collecting comprehensive citywide multi-modal travel data to obtain bicycle, pedestrian, and vehicle transportation analytics. This data will pinpoint safety issues within the community in order to develop and deliver traffic safety education and identify safety improvement opportunities.

6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $77,800.00

7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement:
≠ Schedule A – Problem Statement, Goals and Objectives and Method of Procedure ≠ Schedule B – Detailed Budget Estimate and Sub-Budget Estimate (if applicable) ≠ Schedule B-1 – Budget Narrative and Sub-Budget Narrative (if applicable) ≠ Exhibit A – Certifications and Assurances
≠ Exhibit B* – OTS Grant Program Manual
≠ Exhibit C – Grant Electronic Management System (GEMS) Access *Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if attached hereto.

These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov.

We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions.

IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

8. Approval Signatures
A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Steve Chan

Transportation Manager

[email protected]

(408) 615-3021

1500 Warburton Avenue
Santa Clara, CA 95050
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Jõvan Grogan

City Manager

[email protected]

(408) 615-2211

1500 Warburton Avenue
Santa Clara, CA 95050

(Signature) (Date) (Signature) (Date)

C. FISCAL OFFICIAL

D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Kenn Lee

Finance Director

[email protected]

(408) 615-2344

1500 Warburton Avenue
Santa Clara, CA 95050
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Barbara Rooney

Director

[email protected]

(916) 509-3030

2208 Kausen Drive, Suite 300
Elk Grove, CA 95758

(Signature) (Date) (Signature) (Date)

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10. PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED

EXPENDITURES

AGREEMENT
TOTAL $77,800.00

AMOUNT ENCUMBERED BY THIS DOCUMENT
I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above.
$77,800.00

PRIOR AMOUNT ENCUMBERED FOR THIS

AGREEMENT
$ 0.00
OTS ACCOUNTING OFFICER’S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE $77,800.00

E. A CCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Carolyn Vu

SAM #:

REGISTERED
ADDRESS:

CITY:

ZIP+4:

RK62GLSXRUK9

1500 Warburton Avenue
Santa Clara
95050-4307
ADDRESS: 2208 Kausen Drive, Suite 300

Elk Grove, CA 95758

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule A

GRANT NUMBER
PS25020

1. PROBLEM STATEMENT
The City of Santa Clara (population: 127,681) will develop a Vision Zero Action Plan and Policy that aims to address serious injury crashes and fatalities occurring within the City through a comprehensive collision analysis that includes the highest types, locations, severity, and victim demographics. The City has 29,591 residents or about 23% of the citywide population in underserved communities that have limited access to transportation, health, economy, equity, resilience, and environmental resources, and may be disproportionately impacted by traffic crashes. Over the past three years (2021-2023), the City had 937 crashes in total, 124 bicycle-involved crashes (13%) and 187 pedestrian-involved crashes (20%). Of these bicycle and pedestrian crashes, there were 143 injuries and 8 fatal crashes. The City observed an increasing trend in crashes and recognized the urgency to address roadway safety issue citywide with a Safe System approach. The development of a Vision Zero Plan, which encompasses a Vision Zero Policy, is identified as a citywide goal in the City’s Bicycle Master Plan and Pedestrian Master Plan. As part of the project, the City will conduct a robust community engagement and communications campaign to increase public awareness of transportation safety.

As part of the Vision Zero Plan, the City will conduct a comprehensive citywide safety analysis and develop a crash countermeasure toolbox based on recommendations within the AASHTO Highway Safety Manual and the Caltrans Local Roadway Safety Manual. Although the City has existing traffic counts at various locations, the City does not have comprehensive citywide bicycle and pedestrian travel data. To better understand the safety issues within our community, the City will obtain citywide multi-modal travel data from a third-party vendor to collect bicycle, pedestrian, and vehicle transportation analytics. This data will help City understand multi-mode traffic patterns and pinpoint the areas most needing safety improvements.

2. PERFORMANCE MEASURES
A. Goals:

1. Reduce the number of persons killed in traffic crashes.

2. Reduce the number of persons injured in traffic crashes.

3. Reduce the number of pedestrians killed in traffic crashes.

4. Reduce the number of pedestrians injured in traffic crashes.

5. Reduce the number of pedestrians killed under age 15 in traffic crashes.

6. Reduce the number of pedestrians in jured under age 15 in traffic crashes.

7. Reduce the number of pedestrians killed over age 65 in traffic crashes.

8. Reduce the number of pedestrians injured over age 65 in traffic crashes.

9. Reduce the number of bicyclists killed in traffic crashes.

10. Reduce the number of bicyclists injured in traffic crashes.

11. Reduce the number of bicyclists under age 15 killed in traffic crashes.

12. Reduce the number of bicyclists under age 15 injured in traffic crashes.

13. Increase bicycle helmet usage.

B. Objectives: Target Number

1. Issue a press release announcing the kick-off of the grant by November 15. The kick-off press releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at [email protected], and copied to your OTS Coordinator, for approval 7 days prior to the issuance date of the release.
1 2. Participate in traffic safety fairs and/or community events with an effort to reach individuals.
3 3. Work closely with commun ity-based organizations at both the neighborhood and community level with an effort to reach individuals.
1 4. Participate in the following campaigns: National Walk to School Day, National Bicycle Safety Month, California's Pedestrian Safety Month and National Pedestrian Safety Month.
4 5. Distribute pedestrian/bicycle safety it ems at no cost to youth or community members in need, during bicycle rodeos, presentations, workshops, trainings, and 1 9/6/2024 6:04:15 AM Page 4 of 17

community events to increase safety and visibility. Report quarterly on pedestrian/bicycle safety items distributed.

6. Develop bicycle and pedestri an safety educational materials to be distributed during classroom presentations, workshops, and community events. Submit materials to PIO for approval and upload approved material. 1 7. Participate in Safe Routes to School coalition meetings. 1

8. Conduct community outreach even ts with an effort to reach adults. 4

9. Collaborate with health care providers an d/or senior centers to promote pedestrian safety.
1 10. Execute subcontracts referenced in the budget. Prior to finalizing the subcontract, grantee should work with the OTS to ensure all costs in the sub contract are allowable. Upon execution of subcontract, upload a copy of the subcontract and request a revision to the grant budget to add new budget line items for associated costs under contractual services. If not yet executed, provide ETA. 1 11. Analyze and report quarterly on citywide multi-modal travel data purchased with grant funds.
4 12. Analyze and report quarterly on citywide multi-modal travel data purchased with grant funds.
4 13. Develop a collision countermeasure toolbox. 1

14. Develop Vision Zero content for banners. 1

15. Develop Vision Zero content for bus shelter posters. 1

16. Develop Vision Zero content for flyers. 1

17. Distribute Vision Zero fliers. 1

18. Host a community workshop and seek traffic safety input from the public. 1

19. Identify multi-mode traffic patterns and pinpoint the areas most needing safety improvements.
1 20. Place Vision Zero banners at locations within Santa Clara. 1

21. Place Vision Zero posters at locations within Santa Clara. 1

22. Post traffic safety messaging to social media. 3

3. M ETHOD OF PROCEDURE
A. Phase 1 – Program Preparation (1st Quarter of Grant Year) ≠ Develop operational plans to implement the “best practice” strategies outlined in the objectives section.
≠ All training needed to implement the progra m should be conducted in the first quarter. ≠ All grant related purchases needed to implemen t the program should be made in the first quarter.

Media Requirements
≠ Issue a press release approved by the OTS PIO announcing the kick-off of the grant by November 15, but no sooner than October 1. The kick-off release must be approved by the OTS PIO and only distributed after the grant is fully signed and executed. If you are unable to meet the November 15 deadline to issue a kick-off press release, communicate reasons to your OTS grant coordinator and OTS PIO.

B. Phase 2 – Program Operations (Throughout Grant Year) Media Requirements

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≠ The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the OTS grant coordinator. ≠ Pre-approval is not required when using any OTS- supplied template for media advisories, press releases, social media graphics, videos or posts, or any other OTS-supplied educational material.

However, copy the OTS PIO at [email protected] and your OTS grant coordinator when any material is distributed to the media and public, such as a press release, educational material, or link to social media post. The OTS-supplied kick-off press release templates and any kickoff press releases are an exception to this policy and require prior approval before distribution to the media and public.
≠ If an OTS-supplied template, educational mate rial, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at [email protected] for approval and copy to your OTS grant coordinator. Optimum lead time would be 7 days prior to the scheduled release date, but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
≠ Press releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are exempt from the OTS PIO approval process. The OTS PIO and your OTS grant coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).
≠ Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are exempt from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at [email protected] and your OTS grant coordinator with embargoed date and time or with “INTERNAL ONLY: DO NOT RELEASE” message in subject line of email. ≠ Any earned or paid media campaigns for TV, radi o, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval. Please send to the OTS PIO at [email protected] for approval and copy your grant coordinator at least 3 business days prior to the scheduled release date.
≠ Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.
≠ Submit a draft or rough- cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at [email protected] and copy your OTS grant coordinator for approval prior to the production or duplication. ≠ Use the following standard language in all press, media, and printed materials, space permitting:

Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration. ≠ Space permitting, include the OTS logo on al l grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult your OTS grant coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo. ≠ Email the OTS PIO at [email protected] and copy your OTS grant coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event.

If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of event within 7 days following significant grant- related event or program. Media and program highlights are to be reflected in QPRs. ≠ Any press releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received OTS PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year. ≠ For additional guid ance, refer to the OTS Grants Materials Approval Process Guidelines and OTS Grants Media Approval Process FAQs on the OTS website.

9/6/2024 6:04:15 AM Page 6 of 17

≠ Contact the OTS PIO or your OTS grant coordinator for consultation when changes from any of the above requirements might be warranted.

C. Phase 3 – Data Collection & Reporting (Throughout Grant Year)

1. Prepare and submit grant claim invoices (due January 30, April 30, July 30, and October 30)

2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30)
≠ Collect and report quarterl y, appropriate data that supports the progress of goals and objectives. ≠ Provide a brief list of activity conducted, proc urement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments.
≠ Provide a brief summary of quarterly accompli shments and explanations for objectives not completed or plans for upcoming activities.
≠ Collect, analyze and report statistical data relating to the grant goals and objectives.

4. M ETHOD OF EVALUATION
Using the data compiled during the grant, the Grant Director will complete the “Final Evaluation” section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant’s accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.

5. A DMINISTRATIVE SUPPORT
This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B

GRANT NUMBER
PS25020

FUND NUMBER CATALOG

NUMBER (CFDA)

FUND DESCRIPTION TOTAL AMOUNT
405g PS-25 20.616 Nonmotorized Safety Grants $77,800.00

COST CATEGORY FUND
NUMBER

UNIT COST OR
RATE

UNITS TOTAL COST TO
GRANT
A. P ERSONNEL COSTS

Straight Time
Multimedia Services Coordinator - Salary 405g PS-
25 $42.00 80 $3,360.00
Communications & Outreach Manager 405g PS-
25 $69.66 80 $5,573.00
Communications & Outreach Mgr -
Benefits
405g PS-
25 $3,674.00 1 $3,674.00
Public Information Officer 405g PS-
25 $94.63 20 $1,893.00
Public Information Officer - Benefits 405g PS-
25 $1,131.00 1 $1,131.00
Assistant City Manager 405g PS-
25 $123.64 20 $2,473.00
Assistant City Manager - Benefits 405g PS-
25 $1,197.60 1 $1,198.00
Overtime
$0.00
Category Sub-Total $19,302.00
B. T RAVEL EXPENSES
In State Travel 405g PS-
25 $2,999.00 1 $2,999.00
$0.00
Category Sub-Total $2,999.00
C. C ONTRACTUAL SERVICES
Vision Zero - Traffic Safety Education
Program $24,299
$0.00 1 $0.00
Vision Zero Educational Materials 405g PS-
25 $7,942.00 1 $7,942.00
Vision Zero Multi-modal Travel Data
Analysis
405g PS-
25 $314.04 16 $5,025.00
Vision Zero - Pedestrian/Bicycle Safety
Items
405g PS-
25 $6,832.00 1 $6,832.00
Vision Zero - Community Workshop -
Safety Education Program
405g PS-
25 $4,500.00 1 $4,500.00
Category Sub-Total $24,299.00
D. E QUIPMENT
$0.00
Category Sub-Total $0.00
E. O THER DIRECT COSTS
Transportation Data Subscription 405g PS-
25 $31,200.00 1 $31,200.00

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Category Sub-Total $31,200.00
F. I NDIRECT COSTS
$0.00
Category Sub-Total $0.00
GRANT TOTAL $77,800.00

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B-1

GRANT NUMBER
PS25020

BUDGET NARRATIVE

PERSONNEL COSTS
Multimedia Services Coordinator - Salary - Straight time for design work in Vision Zero promotional materials for Vision Zero campaign.

Communications & Outreach Manager - Straight time for design work in Vision Zero logo and promotional materials for Vision Zero campaign.

Communications & Outreach Mgr - Benefits - Claimed amounts must reflect actual benefit costs for straight time or overtime hours charged to grant.

Public Information Officer - Straight time for reviewing work in Vision Zero promotional materials for Vision Zero campaign.

Public Information Officer - Benefits - Claimed amounts must reflect actual benefit costs for straight time or overtime hours charged to grant.

Assistant City Manager - Straight time for reviewing work in Vision Zero promotional materials for Vision Zero campaign.

Assistant City Manager - Benefits - Claimed amounts must reflect actual benefit costs for straight time or overtime hours charged to grant.

TRAVEL EXPENSES
In State Travel - Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. All conferences, seminars or training not specifically identified in the Budget Narrative must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds. -

Approved travel to Lifesavers Conference to be held in Long Beach, CA.

CONTRACTUAL SERVICES
Vision Zero - Traffic Safety Education Program $24,299 - Grantee will seek a contractor to assist with fulfilling the goals and objectives of this grant by conducting pedestrian and/or bicycle traffic safety education activities that may include presentations and outreach at community events. Other activities may be conducted if approved by OTS.

Prior to finalizing the subcontract, grantee will work with the OTS to ensure all costs are allowable. Upon execution of subcontract, grantee will provide a copy to the OTS and will request a grant budget revision to include the detailed costs of the subcontract in the grant budget as a prerequisite for claiming these costs.

Vision Zero Educational Materials - Costs of purchasing, developing or printing brochures, pamphlets, fliers, posters, signs, and banners associated with grant activities, and traffic safety conference and training materials. Items shall include a traffic safety message and if space is available the OTS logo. Additional items may be purchased if approved by OTS. -
Posters will be located at populous bus stops shelters in Santa Clara.

Project flyers with information on Vision Zero to be distributed to community members at outreach events.

Plastic project signs to be posted on street light poles on key corridors.

Project banners to be used at community events, city parks and major destinations.

Costs to include ad space for bus shelter posters and installation costs for project signs.

Vision Zero Multi-modal Travel Data Analysis - Analysis and monitoring of citywide bicycle, pedestrian, and vehicle trip and speed data changes.

Vision Zero - Pedestrian/Bicycle Safety Items - Cost may include bicycle headlights/taillights, reflectors, and reflective items such as arm and leg bands, tape, or zipper pulls; to be distributed at no cost during bicycle rodeos, on-foot pedestrian trainings, presentations, workshops, community events and other pedestrian or bicycle traffic safety related events to increase safety and visibility. Additional items may be purchased if approved by OTS.

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Vision Zero - Community Workshop - Safety Education Program - Grantee will seek a contractor to assist with fulfilling the goals and objectives of this grant by hosting one (1) project workshop/meeting to engage with the community about traffic safety.

EQUIPMENT
-

OTHER DIRECT COSTS
Transportation Data Subscription - One-year access to cloud-based and self-serve transportation data platform. Grantee will query citywide bicycle, pedestrian, and vehicle trips and speed data to do a one-time citywide safety analysis. As new data is added by the platform, approximately every 2 months, the Grantee will monitor travel pattern changes to see any changes in bicycle and pedestrian trips and vehicle speeds, as the Vision Zero project and campaign continues.

INDIRECT COSTS
-

STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant.

Salaries may include wages, salaries, special compensations, or authorized absences such as annual leave and sick leave provided the cost for the individual employee is (a) reasonable for the services rendered, and (b) follows an appointment made in accordance with state or local laws and rules and meets federal requirements.

Any non-grant funded vacancies created by reassignment to a grant-funded position must be filled at the expense of the grantee agency.

Benefits for personnel costs can only be applied to straight time or overtime hours charged to the grant.

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Exhibit A

GRANT NUMBER
PS25020

Certifications and Assurances for Fiscal Year 2024 Highway Safety Grants (23 U.S.C. Chapter 4 or Section 1906, Public Law 109-59, as amended by Section 25024, Public Law 117-58)

The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding. Applicable provisions include, but are not limited to, the following:

GENERAL REQUIREMENTS
The State will comply with applicable statutes and regulations, including but not limited to:

≠ 23 U.S.C. Chapter 4 —Highway Safety Act of 1966, as amended; ≠ Sec. 1906, Public Law 109-59, as amended by Sec. 25024, Public Law 117-58; ≠ 23 CFR part 1300—Uniform Procedures for State Highway Safety Grant Programs; ≠ 2 CFR part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards;
≠ 2 CFR part 1201—Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

NONDISCRIMINATION
(applies to all subrecipients as well as States)
The State highway safety agency [and its subrecipients] will comply with all Federal statutes and implementing regulations relating to nondiscrimination (“Federal Nondiscrimination Authorities”). These include but are not limited to:

≠ 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);
≠ 49 CFR part 21 (entitled Non-discrimination in Federally-Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964); ≠ 28 CFR 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964); ≠ The Uniform Relocation Assistance and Real Property Acquisition Po licies 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.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit 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 CFR part 27; ≠ The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
≠ The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens 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, subrecipients and contractors, whether such programs or activities are Federally- funded or not);
≠ Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38; ≠ Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low- Income Populations (preventing 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 (requiring that recipients of Federal financial assistance provide meanin gful access for applicants and beneficiaries who have limited English proficiency (LEP));
≠ Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities through the Federal Government (advancing equity across the Federal Government); and ≠ Executive Order 13988, Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation (clarifying that sex discrimination includes discrimination on the grounds of gender identity or sexual orientation).

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The preceding statutory and regulatory cites hereinafter are referred to as the “Acts” and “Regulations,” respectively.

GENERAL ASSURANCES

In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that:

“No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, for which the Recipient receives Federal financial assistance from DOT, including NHTSA.”

The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI of the Civil Rights Act of 1964 and other non-discrimination requirements (the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted.

SPECIFIC ASSURANCES
More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted Highway Safety Grant Program:

1. The Recipient agrees that each “activity,” “facility,” or “program,” as defined in 49 CFR part 21 will be (with regard to an “activity”) facilitated, or will be (with regard to a “facility”) operated, or will be (with regard to a “program”) conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations.

2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Highway Safety Grant Programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source:
“The [name of Recipient], in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Sta t. 252, 42 U.S.C 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.”

3. The Recipient will insert the clauses of ap pendix A and E of this Assurance (also referred in every contract or agreement subject to the Acts and the Regulations.

4. The Recipient will insert the clauses of appendix B of DOT Order 1050.2A, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient.

5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith.

6. That where the Recipient receives Federal financial assistance in the form of, or for the acquisition of, real property or an interest in real property, the Assurance wi ll extend to rights to space on, over, or under such property.

7. That the Recipient will include the clauses set forth in appendix C and appendix D of this DOT Order 1050.2A, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties:
a. for the subsequent transfer of real property ac quired or improved under the applicable activity, project, or program; and
b. for the construction or use of, or access to, sp ace on, over, or under real property acquired or improved under the applicable activity, project, or program.

8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods:
a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or b. the period during which the Recipient retains ownership or possession of the property.

9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, sub- grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance.

10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance. § 2i.23(b) and (e) of __
to as DOT Order 1050.2A)

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By signing this ASSURANCE, the State highway safety agency also agrees to comply (and require any sub-recipients, sub-grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing NHTSA's access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by NHTSA. You must keep records, reports, and submit the material for review upon request to NHTSA, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance.

The State highway safety agency gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the Highway Safety Grant Program. This ASSURANCE is binding on the State highway safety agency, other recipients, sub-recipients, sub-grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the Highway Safety Grant Program. The person(s) signing below is/are authorized to sign this ASSURANCE on behalf of the Recipient.

THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
The Subgrantee will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace, and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug-free awareness program to inform employees about:

1. The dangers of drug abuse in the workplace;

2. The grantee's policy of maintaining a drug-free workplace;

3. Any available drug counseling, rehabilitation, and employee assistance programs;

4. The penalties that may be imposed upon employees for drug violations occurring in the workplace;

5. Making it a requirement that each employee en gaged in the performance of the grant be given a copy of the statement required by paragraph (a);
c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will—

1. Abide by the terms of the statement;

2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an employee or otherwise receiving actual notice of such conviction;
e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted—

1. Taking appropriate personnel action against such an employee, up to and including termination;

2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
f. Making a good faith effort to continue to mainta in a drug-free workplace through implementation of all of the paragraphs above.

POLITICAL ACTIVITY (HATCH ACT)
(applies to all subrecipients as well as States)
The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.

CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to all subrecipients as well as States)

CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS

The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement;

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2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions;

3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

RESTRICTION ON STATE LOBBYING
(applies to subrecipients as well as States)

None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal.

CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to all subrecipients as well as States)

INSTRUCTIONS FOR PRIMARY TIER PARTICIPANT CERTIFICATION (STATES)

1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.

3. The certification in this clause is a material repres entation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment.

4. The prospective primary tier participant shall provide i mmediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.

6. The prospective primary tier participant agrees by subm itting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.

7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or

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otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
(https://www.sam.gov/).

9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate the transaction for cause or default.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS —

PRIMARY TIER COVERED TRANSACTIONS

1. The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and
d. Have not within a three-year period preceding th is application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.

2. Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal.

INSTRUCTIONS FOR LOWER TIER PARTICIPANT CERTIFICATION

1. By signing and submitting this proposal, the prospectiv e lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The certification in this clause is a material represen tation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by su bmitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or

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8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION —

LOWER TIER COVERED TRANSACTIONS

1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.

2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

BUY AMERICA
(applies to subrecipients as well as States)

The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation.

CERTIFICATION ON CONFLICT OF INTEREST
(applies to subrecipients as well as States)

GENERAL REQUIREMENTS

No employee, officer, or agent of a State or its subrecipient who is authorized in an official capacity to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any subaward, including contracts or subcontracts, in connection with this grant shall have, directly or indirectly, any financial or personal interest in any such subaward. Such a financial or personal interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or personal interest in or a tangible personal benefit from an entity considered for a subaward. Based on this policy:

1. The recipient shall maintain a written code or standard s of conduct that provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents. a. The code or standards shall provide that the recipient's officers, employees, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from present or potential subawardees, including contractors or parties to subcontracts. b. The code or standards shall establish penalties, sanctions, or other disciplinary actions for violations, as permitted by State or local law or regulations.

2. The recipient shall maintain responsibility to enforc e the requirements of the written code or standards of conduct.

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DISCLOSURE REQUIREMENTS

No State or its subrecipient, including its officers, employees, or agents, shall perform or continue to perform under a grant or cooperative agreement, whose objectivity may be impaired because of any related past, present, or currently planned interest, financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities. Based on this policy:

1. The recipient shall disclose any conflict of interest id entified as soon as reasonably possible, making an immediate and full disclosure in writing to NHTSA. The disclosure shall include a description of the action which the recipient has taken or proposes to take to avoid or mitigate such conflict.

2. NHTSA will review the disclosure and may require additional relevant information from the recipient. If a conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict.

3. Conflicts of interest that require disclosure include all past, present, or currently planned organizational, financial, contractual, or other interest(s) with an organization regulated by NHTSA or with an organization whose interests may be substantially affected by NHTSA activities, and which are related to this award. The interest(s) that require disclosure include those of any recipient, affiliate, proposed consultant, proposed subcontractor, and key personnel of any of the above. Past interest shall be limited to within one year of the date of award. Key personnel shall include any person owning more than a 20 percent interest in a recipient, and the officers, employees or agents of a recipient who are responsible for making a decision or taking an action under an award where the decision or action can have an economic or other impact on the interests of a regulated or affected organization.

PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to all subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists.

POLICY ON SEAT BELT USE
In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website (www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references.

POLICY ON BANNING TEXT MESSAGING WHILE DRIVING
In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving company- owned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving.

EBIX Insurance No. S200005405

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

Exhibit A 1 - 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 10, 2024 and terminate on June 30, 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.

Termination 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.

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.

Upon termination, each Party 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.

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 Agreement with Kimley-Horn and Associates, Inc.

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transferred without the prior written approval of City. Consultant shall not hire subcontractors without express written permission from City.

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 CONSUL TANT
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 Agreement with Kimley-Horn and Associates, Inc.

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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: Mike Colety
1300 Clay Street, Suite 900
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:
v.,~~
GLEN R. GOOGINS
City Attorney
"CITY"
it
Ci of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone : ( 408) 615-2210
Fax: (408) 241-6771
KIMLEY-HORN AND ASSOCIATES, INC.
a North Carolina corporation
Dated: 6/12/2024 ~
By (Signature): ~
Name: / Mike Colety
Title: Principal
Principal Place of 1300 Clay Street, Suite 900
Business Address : Oakland, CA 94612
Email Address : mike.colety@kimley -horn.com
Telephone: (702) 862-3609
Fax: N/A
"CONSUL TANT"
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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

1.1. 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.

1.2. 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.

1.3. 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.

1.4. 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.

1.5. 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
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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
• Crash 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

1.6. 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

1.7. 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.

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3. PROJECT TASKS

3.1. 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 1. Within two weeks after the receipt of a written Project Kick-Off "Authorization to Proceed" from the City, the City Meeting 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 1. To keep the project on schedule and meet federal Updates 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.

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Task Task Description Task Activities #

1.3 File and Data Consultant shall provide City with an online account Sharing 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 1. Consultant shall assist the City in preparing Reporting 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
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
QA/QC Review deliverables such as BPAC presentations, High Information: 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.

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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 sharinq.

1.4 Provide support to City staff on requirements for Federal reporting requirements.

3.2. 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, 1. Consultant shall review all relevant City plans, and Planning projects, policies, programs, and standards to Benchmarking 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. Pedestrian 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)
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Task Task Description Task Activities #
2 Benchmarking & Data Review
i. Complete Streets Policy
j. Safe Routes to School Program
k. Neighborhood Traffic Calming Program
I. Shared Mobility Program
m. Joint On-Demand Shuttle Program
(Cupertino and Santa Clara)
n. City Design Standards

0. 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 1. Consultant shall lead efforts with the City to Force establish a Vision Zero Task Force includina
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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 SafeSystem 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
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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 methodoloqy (if applicable)

3.3. 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 The Consultant will prepare a Community & Schedule Engagement Plan and provide a project timeline Development 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
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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, on line 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 1. Consultant shall create content to be placed on Promotion/Website 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, lnc./Exhibit A1-Scope of Services Rev. 07-01-18

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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:
htt1;1s://www.sanjoseca.gov/your-
government/de1;1artments-
offices/trans1;1ortation/safety/vision-zero/ma1;1s-
data

5. The data dashboard will be hosted on the
City's project website.

3.3 Community Consultant shall create up to four (4) online Surveys (up to 4 community surveys to obtain additional public input. surveys) 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, lnc./Exhibit A1-Scope of Services Rev. 07-01-18

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Task Task Description Task Activities #
• Survey #4 - Public input on project priority list

3.4 Outreach Consultant shall conduct outreach at up to five (5) Events/Pop-Ups 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.

Consultant shall provide a maximum of two staff to
support City at each pop-up event.

This task includes purchase and distribution of
Vision Zero promotional/safety items (up to $5,000
for purchase of items).

3.5 Vision Zero Task
Force Meetings Consultant shall schedule and lead up to three (3) (Up to 3 meetings) 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 1. Consultant shall conduct a minimum of four (4) Workshops 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
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Task Task Description Task Activities #
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
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.

It is assumed that two community workshops will be
held in-person and two community workshops will
be held virtuallv. Consultant shall provide a
Agreement with Kimley-Horn and Associates, lnc./Exhibit A1-Scope of Services Rev. 07-01-18

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Task Task Description Task Activities #
maximum of two project staff plus one additional IT
staff to support City at each of the community
workshops.

3.7 Bicycle and Consultant shall meet with the City's BPAC to gather Pedestrian input and feedback at up to five (5) BPAC meetings.

Advisory The purpose of the meetings is described below:

Committee • Meeting #1: Consultant shall introduce the
(BPAC) Meetings 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 City staff will attend the Commission meetings.

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.

Agreement with Kimley-Horn and Associates, lnc./Exhibit A1-Scope of Services Rev. 07-01-18

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Task Task Description Task Activities #

3.9 City Council 1. Consultant shall assist staff to present the project Meetings (Up to 2) 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.

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 meetinqs.

3.8 Prepare all presentation materials and reports for up to four (4) Commission meetinqs.

3.9 Prepare all presentation materials and staff report for up to two (2) City Council meetings.

3.4. 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 Agreement with Kimley-Horn and Associates, lnc./Exhibit A1-Scope of Services Rev. 07-01-18

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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 1. Analyze existing conditions and historical trends Conditions that provide a baseline level of crashes. The Analysis analysis will document traffic patterns, mode
share, roadway features, traffic volumes, crash
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 1. The consultant will first develop criteria and Network (HIN) methodology for the analysis for City's review Maps 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
Agreement with Kimley-Horn and Associates, lnc./Exhibit A1-Scope of Services Rev. 07-01-18

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Task # Task Description

4.3 Develop Collision
Profiles
Task Activities
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, 1-280, SR 237).

3. Develop the following heat maps:
a. High Injury Intersections and High Injury
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.

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 Agreement with Kimley-Horn and Associates, lnc./Exhibit A1-Scope of Services Rev. 07-01-18

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Task Task Description I Task Activities #
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

3.5. 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

5.1 Develop 1. The Consultant in conjunction with City staff Countermeasure will identify countermeasures to systemically Toolbox 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
Agreement with Kimley-Horn and Associates, lnc./Exhibit A1-Scope of Services Rev. 07-01-18

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3.6. 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 1. Consultant will perform a transportation equity Equity assessment to better understand how current Assessment 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
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%2 C-
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.

Agreement with Kimley-Horn and Associates, lnc./Exhibit A 1-Scope of Services Rev. 07-01-18

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Task Task Description Task Activities #

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 asection in the Draft Plan. The assessment includes a map showing collision data compared to EPCs and vulnerable communities.

3.7. Task 7: Implementation Plan & Programs - Refer to the table below for tasks and deliverables for Task 7 Consultant will be responsible for.

Task Task Description Task Activities #
7 Implementation Plan & Programs
7 .1 Develop Priority 1. Consultant will identify a list of priority projects Projects and based on the results of Tasks 4, 5 and 6, and Programs 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 1. Consultant shall develop an Implementation Implementation Plan & Program for the Vision Zero effort, time Plan & Program ranges when projects and strategies will ideally be deployed, cost estimates (includinQ
Agreement with Kimley-Horn and Associates, lnc./Exhibit A1-Scope of Services Rev. 07-01-18

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Task Task Description Task Activities #
7 Implementation Plan & Programs
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.
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 foreach strategy
and project should be included (i.e., short-term
= up to five years; mid-term = five to ten years;
long-term = 1 O+ 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 mosteffective 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
Agreement with Kimley-Horn and Associates, lnc./Exhibit A1-Scope of Services Rev. 07-01-18

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Task Task Description Task Activities #
7 Implementation Plan & Pro~rams
existing conditions. Consultant shall
supplement concept designs with other
planning-level diagrams that can be shared
during public presentations.

7.3 Develop Identify on-going actionable steps to evaluate and Evaluation Plan 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 1 O priority projects

7.2 Vision Zero Implementation Plan & Program

7.3 Vision Zero Evaluation & Monitoring Plan

3.8. 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 1. Consultant will prepare a draft Plan for public Draft Report 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.

Agreement with Kimley-Horn and Associates, lnc./Exhibit A 1-Scope of Services Rev. 07-01-18

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Task Task Description Task Activities #
8 Draft and Final Plan

8.2 Vision Zero Plan 1. Upon final review and consent by city staff, the Final Report 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.

8.3 Executive
Summary/Fact The Consultant shall develop a brief executive Sheet 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:

4.1. Optional Task for Task 2.2: Continue 6-month collaboration with the Vision Zero Task Force and report back Vision Zero monitoring and evaluation.

4.2. Optional Task for Task 2.4: Obtain "Big Data" for citywide travel data including bicycle, pedestrian and vehicle trips and speed.

4.3. Optional Task for 2.4: Conduct site visit(s) of up to three corridors with frequent collisions.

4.4. Optional Task for Task 3.2: Conduct local small-scale media campaign such as banners at schools and bus stop advertisements.

4.5. Optional Task for Task 5.1: Collect Emergency Response data and develop Emergency Response strategies and countermeasures.

Agreement with Kimley-Horn and Associates, lnc./Exhibit A1-Scope of Services Rev. 07-01-18

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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, lnc./Exhibit A2-City of Santa Clara SS4A Application Narrative Page 1
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 Kinley-Horn and Associates, lnc./Exhibit A2-City of Santa Clara SS4A Application Narrative Page 2
Rev. 07-01-18
EXHIBIT 81

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 A 1, 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 81: Total Compensation
Description I 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, lnc./Exhibit B1-Schedule of Fees Rev. 07-01-18

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Table 82: Hourly Rates
Title I Hourly Rate
Kimley-Horn and Associates
Project Manager: Robert Paderna $ 288.35
Principal-in-Charge: Mike Gaiety $ 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

3.2. 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;

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
Agreement with Kimley-Horn and Associates, lnc./Exhibit 81-Schedule of Fees Rev. 07-01-18

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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 I DESCRIPTION I HOURS
Continue 6-month collaboration with the Vision
Zero task Force and report back Vision Zero
0-2.2 monitoring and evaluation
Project Manager: Robert Paderna 15
Analyst 12
Obtain "Big Data" for citywide travel data including
0-2.4 bicycle, pedestrian and vehicle trips and speed.

Professional I 14
Analyst 24
Conduct site visit(s) of up to three corridors with
frequent collisions.
0- 2.4 Project Manager: Robert Paderna 10
Senior Professional II 10
Analyst 5
Conduct local small-scale media campaign such as
banners at schools and bus stop advertisements.
0-3.2 Project Manager: Robert Paderna 2
Senior Professional II 8
Professional I 10
Analyst 23
Emergency Response Data Collection and Strategy
0-5.1 Project Manager: Robert Paderna 2
Senior Professional I 2
Professional 11 5
Analyst 8
Agreement with Kimley-Horn and Associates, lnc./Exhibit B1-Schedule of Fees Rev. 07-01-18
I Total
$6,418
$7,588
$6,896
$9,948
$3,923

Page 3 ends

TA#SK I
EXHIBIT 82

FEES BY TASK

DESCRIPTION I BUDGETED I
HOURS
HOURLY
RATE
1 Project Management & Administration

1.1 Project Kick-Off Meeting
Project Manager: Robert Paderna 3
Principal-in-Charge: Mike Colety 3
Senior Professional I 4

1.2 Bi-weekly Project Updates
Project Manager: Robert Paderna 48
Senior Professional I 24

1.3 File and Data Sharing
Senior Professional I 2
Analyst 4

1.4 Progress Reporting
Project Manager: Robert Paderna 24
Analyst 7

1.5 Project Management
Project Manager: Robert Paderna 45
Project Support 24
TOTAL FOR TASK 1 188
2 Benchmarking & Data Review

2.1 Programs, Policy, and Planning Benchmarking
Project Manager: Robert Paderna 10
Senior Professional I 12
Analyst 24

2.2 Vision Zero Task Force
Project Manager: Robert Paderna 6
Principal-in-Charge: Mike Colety 2
Senior Professional I 4

2.3 Data Collection and Review
Project Manager: Robert Paderna 6
Senior Professional I 12
Professional II 6
Professional I 12
Analyst 14
TOTAL FOR TASK 2 108
3 Community Engagement

3.1 Community Engagement Plan & Schedule Development
Agreement with Kimley-Horn and Associates, lnc./Exhibit 82-Fees by Task Rev. 07-01-18
$288.35
$411.80
$314.04
$288.35
$314.04
$314.04
$174.38
$288.35
$174.38
$288.35
$132.39
$288.35
$314.04
$174.38
$288.35
$411.80
$314.04
$288.35
$314.04
$264.62
$243.09
$174.38
I
TOTAL
$3,357
$865
$1,235
$1,256
$21,378
$13,841
$7,537
$1,326
$628
$698
$8,141
$6,920
$1,221
$16,153
$12,976
$3,177
$50,354
$10,837
$2,884
$3,768
$4,185
$3,810
$1,730
$824
$1,256
$12,445
$1,730
$3,768
$1,588
$2,917
$2,441
$27,092
$3,351

Page 1 ends

Project Manager: Robert Paderna $1,153
Senior Professional II 6 $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 $4,360 total of 10) 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 Gaiety 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 Gaiety 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
TOT AL 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
Agreement with Kimley-Horn and Associates, lnc./Exhibit B2-Fees by Task Page 2 Rev. 07-01-18
TA#SK I DESCRIPTION BUDGETED I HOURLY
HOURS
Professional II 20
Professional I 24
Analyst 70

4.2 High Injury Network (HIN) Maps
Project Manager: Robert Paderna 4
Senior Professional I 4
Professional II 6
Analyst 24

4.3 Develop Collision Profiles
Project Manager: Robert Paderna 6
Senior Professional I 12
Professional II 12
Analyst 20
TOT AL FORT ASK 4 204
5 Countermeasure Toolbox

5.1 Develop Countermeasure Toolbox
Project Manager: Robert Paderna 14
Principal-in-Charge: Mike Colety 2
QC/QA: Brian Sowers 4
Senior Professional I 20
Professional II 15
Professional I 16
Analyst 36
Project Support 16
TOT AL FORT ASK 5 123
6 Transportation Equity Assessment

6.1 Transportation Equity Assessment
Project Manager: Robert Paderna 8
Principal-in-Charge: Mike Colety 2
QC/QA: Frederik Venter 4
Senior Professional I 8
Professional II 24
Professional I 14
Analyst 28
TOTAL FOR TASK 6 88
7 Implementation Plan & Programs

7.1 Develop Priority Projects and Programs
Project Manager: Robert Paderna 8
Principal-in-Charge: Mike Colety 2
Agreement with Kimley-Horn and Associates, lnc./Exhibit 82-Fees by Task Rev. 07-01-18
RATE
$264.62
$243.09
$174.38
$288.35
$314.04
$264.62
$174.38
$288.35
$314.04
$264.62
$174.38
$288.35
$411.80
$388.29
$314.04
$264.62
$243.09
$174.38
$132.39
$288.35
$411.80
$445.98
$314.04
$264.62
$243.09
$174.38
$288.35
$411.80
I
TOTAL
$5,292
$5,834
$12,207
$8,182
$1,153
$1,256
$1,588
$4,185
$12,162
$1,730
$3,768
$3,175
$3,488
$44,254
$28,949
$4,037
$824
$1,553
$6,281
$3,969
$3,889
$6,278
$2,118
$28,949
$22,063
$2,307
$824
$1,784
$2,512
$6,351
$3,403
$4,883
$22,063
$31,549
$2,307
$824

Page 3 ends

TA#SK I DESCRIPTION I BUDGETED I
HOURS
Senior Professional II 4
Senior Professional I 24
Professional II 30
Professional I 30
Analyst 24

7.2 Develop Implementation Plan and Program
Project Manager: Robert Paderna 8
Principal-in-Charge: Mike Colety 2
Senior Professional I 20
Professional II 9
Analyst 36

7.3 Develop Evaluation Plan
Project Manager: Robert Paderna 6
Principal-in-Charge: Mike Colety 2
Senior Professional II 2
Senior Professional I 9
Professional 11 9
Analyst 6
TOTAL FOR TASK 7 231
8 Draft and Final Plan

8.1 Vision Zero Plan Draft Report
Project Manager: Robert Paderna 20
Principal-in-Charge: Mike Colety 4
QC/QA: Frederik Venter 4
QC/QA: Brian Sowers 4
Senior Professional II 18
Senior Professional I 30
Professional II 10
Professional I 20
Analyst 35

8.2 Vision Zero Plan Final Report
Project Manager: Robert Paderna 13
Principal-in-Charge: Mike Colety 2
QC/QA: Frederik Venter 2
QC/QA: Brian Sowers 2
Senior Professional II 6
Senior Professional I 20
Professional II 6
Professional I 6
Agreement with Kimley-Horn and Associates, lnc./Exhibit 82-Fees by Task Rev. 07-01-18
HOURLY
I

TOTAL RATE
$366.22 $1,465
$314.04 $7,537
$264.62 $7,939
$243.09 $7,293
$174.38 $4,185
$18,070
$288.35 $2,307
$411.80 $824
$314.04 $6,281
$264.62 $2,382
$174.38 $6,278
$9,540
$288.35 $1,730
$411.80 $824
$366.22 $732
$314.04 $2,826
$264.62 $2,382
$174.38 $1,046
$59,159
$40,376
$288.35 $5,767
$411.80 $1,647
$445.98 $1,784
$388.29 $1,553
$366.22 $6,592
$314.04 $9,421
$264.62 $2,646
$243.09 $4,862
$174.38 $6,103
$19,334
$288.35 $3,749
$411.80 $824
$445.98 $892
$388.29 $777
$366.22 $2,197
$314.04 $6,281
$264.62 $1,588
$243.09 $1,459

Page 4 ends

8.3 Executive Summary/Fact Sheet
Project Manager: Robert Paderna 2
QC/QA: Frederik Venter 2
Professional I 2
Analyst 9
TOTAL FOR TASK 8 226
TOTAL FOR ALL TASKS 1,467
Other Direct Costs
Outreach Materials
Purchase and Distribution of Vision Zero Promotional/Safety Items Additional Supplemental Traffic Counts
Circlepoint (Task 3)

TOTAL FOR OTHER DIRECT COSTS
Agreement with Kimley-Horn and Associates, lnc./Exhibit 82-Fees by Task Rev. 07-01-18
$288.35
$445.98 $892
$243.09 $486
$174.38 $1,569
$63,235
$370,493
$7,000
$5,000
$5,000
$118,449
$135,449

Page 5 ends

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. C9mmercial 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

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, lnc./Exhibit C-lnsurance Requirements Rev. 07-01-18

Page 1 ends

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 accidenUBodily 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.

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. Additional 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.

Page 2 ends

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.

F. ADDITIONAL INSURANCE RELATED PROVISIONS
Consultant and City agree as follows:

1. Consultant 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. Consultant 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, lnc./Exhibit C-lnsurance Requirements Rev. 07-01-18

Page 3 ends

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.

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, lnc./Exhibit C-lnsurance Requirements Rev. 07-01-18

Page 4 ends

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, lnc./Exhibit C-lnsurance Requirements Rev. 07-01-18

Page 5 ends

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. Compliance with Regulations: CONSUL TANT 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: CONSUL TANT, 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-agreements, 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 CONSUL TANT 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 CONSUL TANT under the Agreement within a reasonable period 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, lnc./Exhibit D-Title VI Assurances Rev. 07-01-18

Page 1 ends

CONSULTANT 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, CONSUL TANT 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 CONSUL TANT, for itself, its assignees, and successors in interest (hereinafter referred to as the "CONSUL TANT") agrees to comply with the following nondiscrimination statutes and authorities, including, but not limited to:

Pertinent Non-Discrimination 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 Ill 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, lnc./Exhibit D-Title VI Assurances Rev. 07-01-18

Page 2 ends

• 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).

Agreement with Kimley-Horn and Associates, lnc./Exhibit D-Title VI Assurances Rev. 07-01-18

Page 3 ends

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-222 Agenda Date: 5/28/2024

REPORT TO COUNCIL

SUBJECT
Action on an Agreement with Kimley-Horn and Associates, Inc. for Professional Services for the Santa Clara Vision Zero Plan

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure

BACKGROUND
Vision Zero has been publicized as a strategy aimed at eliminating traffic fatalities and severe injuries, while enhancing safe, healthy, equitable mobility for all. Initially introduced in Sweden during the 1990s, Vision Zero programs have since been implemented around the world and locally in California and Santa Clara County. The City’s Bicycle Plan and Pedestrian Master Plan have objectives that include studying the implementation of a Vision Zero Plan.

The United States Bipartisan Infrastructure Law established the Safe Streets and Roads for All (SS4A) grant program that provides funding opportunities to develop comprehensive safety action plans and implement projects identified within these plans. To achieve the goal of studying and implementing a Vision Zero Plan, the Department of Public Works (DPW) applied for a SS4A grant in September 2022. In February 2023, DPW was notified of a $450,000 grant award to help in developing a Santa Clara Vision Zero Plan (Plan). The City was also required to provide a 20 percent local match as part of the grant.

On December 5, 2023, the City Council accepted the SS4A grant funding to establish the Plan, authorized the City Manager to execute all documents related to accepting federal funding, and approved a budget amendment of $570,000 for the Santa Clara Vision Zero Plan project.

On January 5, 2024, the grant agreement with the Federal Highway Administration (FHWA) was fully executed.

The Plan will involve robust community engagement and a comprehensive citywide safety analysis to identify the locations, severity, demographics, and common collision types within the City. The Plan will develop a collision countermeasure toolbox, comprising programmatic measures and roadway design features to address traffic safety issues. Additionally, a list of potential traffic improvements will be developed and prioritized. Upon completion of the Plan, the City will have the opportunity to seek future grant opportunities to fund implementation under the SS4A program.

DISCUSSION
Pursuant to City Code Section 2.105.140(c), a formal Request for Proposals (RFP) was conducted, with the award recommendation based on “best value.” On January 25, 2024, the City published the City of Santa Clara Printed on 5/24/2024Page 1 of 3
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24-222 Agenda Date: 5/28/2024
RFP for professional services for the Santa Clara Vision Zero Plan on the City's e-procurement platform. In addition, staff directly sent notifications to civil engineering and public outreach companies obtained from the Caltrans Disadvantaged Business Enterprise (DBE) database.

The City received one proposal from Kimley-Horn and Associates, Inc. (Kimley-Horn), which was thoroughly reviewed and evaluated by staff who checked references and determined that their proposal satisfied the RFP requirements. Kimley-Horn has extensive experience in leading roadway safety projects and similar Vision Zero efforts in California. The City conducted a Best and Final Offer (BAFO) to memorialize clarifications and provide a final opportunity for Kimley-Horn to revise their cost proposal, resulting in a cost savings of $27,000.

Staff recommends awarding an agreement to Kimley-Horn and Associates, Inc. for the Santa Clara Vision Zero Plan. Under the proposed agreement, Kimley-Horn will provide professional services including (a) project management, (b) review of existing plans, policies, and standards, (c) analysis of existing conditions, (d) public outreach, and (e) preparation of a final project report. The agreement has a term of two years and a not-to-exceed maximum compensation of $556,536, which includes a contingency amount of $50,594. Payments are tied to successful completion of key tasks/deliverables.

ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(a) as it has no potential for resulting in a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.

FISCAL IMPACT
The City negotiated to receive a Best and Final Offer from Kimley-Horn to obtain the recommended not-to-exceed amount.

The proposed agreement is for a total not to exceed amount of $556,536, which was negotiated by the City during the BAFO process. This amount consists of $505,942 for basic services and a $50,594 contingency for additional services. Funding for the agreement is available in the Streets and Highways Capital Fund in the Santa Clara Vision Zero Plan project (Project 1268).

COORDINATION
This report has been coordinated with the Finance Department and the City Attorney’s Office.

PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> or at the
public information desk at any City of Santa Clara public library.

RECOMMENDATION

1. Authorize the City Manager to negotiate and execute an agreement with Kimley-Horn and Associates, Inc. (Agreement) to provide professional services for the Santa Clara Vision Zero Plan City of Santa Clara Printed on 5/24/2024Page 2 of 3
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24-222 Agenda Date: 5/28/2024
project with a maximum compensation not-to-exceed $556,536 over a two-year term, in a final form approved by the City Attorney; and

2. Authorize the City Manager to take any actions necessary to implement and administer the Agreement and negotiate and execute amendments to the Agreement to extend the term and modify the scope of services, in final forms approved by the City Attorney.

Reviewed by: Craig Mobeck, Director of Public Works
Approved by: Jovan Grogan, City Manager

ATTACHMENTS

1. Agreement
City of Santa Clara Printed on 5/24/2024Page 3 of 3
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Amendment No. 1 to Agreement/Kimley-Horn and Associates, Inc. Page 1 Rev. 10/25/2019
Ebix Insurance No. S200005405

AMENDMENT NO. 1

TO THE AGREEMENT FOR SERVICES

BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND
KIMLEY-HORN AND ASSOCIATES, INC.

PREAMBLE
This agreement (“Amendment No. 1”) 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, (Contractor). City and Contractor may be referred to individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”

RECITALS
A. The Parties previously entered into an agreement entitled “Agreement for Services Between the City of Santa Clara, California and Kimley-Horn and Associates, Inc.”, dated June 24, 2024 (Agreement); and B. The Parties entered into the Agreement for the purpose of having Contractor provide professional services for a comprehensive citywide transportation safety analysis and the development of a Vision Zero Plan, and the Parties now wish to amend the Agreement to add additional services and increase compensation by $24,298.80 for a revised total not-to-exceed maximum compensation of $580,834.80, subject to budget appropriation.

NOW, THEREFORE, the Parties agree as follows:

AMENDMENT TERMS AND CONDITIONS

1. Section 7 of the Agreement, entitled “COMPENSATION AND PAYMENT” is amended to read as follows:

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 Revised Exhibit B1, entitled “SCHEDULE OF FEES.” The maximum compensation of this Agreement is as specified in Revised 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

Amendment No. 1 to Agreement/Kimley-Horn and Associates, Inc. Page 2 Rev. 10/25/2019
expense. Consultant shall not be entitled to any payment above the maximum compensation under any circumstance.

2. Exhibit A1 of the Agreement, entitled “SCOPE OF SERVICES” is hereby amended as set forth in Addendum #1 to Exhibit A1, attached herein.

3. Exhibit B1 of the Agreement, entitled “SCHEDULE OF FEES” is hereby amended to read as set forth in Revised Exhibit B1, attached herein.

4. Exhibit B2 of the Agreement, entitled “FEES BY TASK” is hereby amended to read as set forth in Revised Exhibit B2, attached herein.

5. Except as set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. In case of a conflict in the terms of the Agreement and this Amendment No. 1, the provisions of this Amendment No. 1 shall control.

SIGNATURES ON NEXT PAGE

Amendment No. 1 to Agreement/Kimley-Horn and Associates, Inc. Page 3 Rev. 10/25/2019
The Parties acknowledge and accept the terms and conditions of this Amendment No. 1 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: Mike Colety
Title: Principal
Principal Place of
Business Address:
1300 Clay Street, Suite 900
Oakland, CA 94612
Email Address: [email protected]
Telephone: (702) 862-3609
Fax: N/A
“CONTRACTOR”

Amendment No. 1 to Agreement/Kimley-Horn and Associates, Inc./Addendum #1 to Exhibit A1, Scope of Services Page 1
Rev. 10/25/19
ADDENDUM #1 TO EXHIBIT A1 – SCOPE OF SERVICES

1. Consultant shall provide the following additional services:

1.1. T ask 3.2 P roject Promotion/Website

1.1.1. Consultant shall create and produce additional 100 project signs for a total of 400 project signs.

1.1.2. Co nsultant will be responsible for installing all 400 project signs on city- owned streetlight poles.

1.1.3. Consultant shall create, produce and distribute additional flyers or pamphlets (approximately 320) to the public at pop-up events and community workshops.

1.1.4. NEW: Consultant shall conduct local small-scale media campaign such as creating, producing and installing two project banners and 10 bus stop posters. Consultant shall work with VTA to install the posters at bus stops and advertise them for six months.

1.2. Task 3.4: Outreach Events/
Pop-Ups

1.2.1. Consultant shall purchase and distribute additional Vision Zero promotional/safety items: bike reflectors/lights, zipper/backpack flashing lights, neon wristbands, and mini flashlights.

1.3. Task 3.6: Community Workshops

1.3.1. Consultant shall conduct one (1) additional workshop to engage the public and solicit feedback on the project.

1.4. Task 4.1: Existi ng Conditions Analysis

1.4.1. In addition to the scope in existing conditions analysis, consultant shall continue the analysis and monitoring of multi-modal transportation data to document changes in travel patterns and speed data, and assist city in completing any necessary progress reports for the OTS grant.

Amendment No. 1 to Agreement/Kimley-Horn and Associates, Inc./Revised Exhibit B1-Schedule of Fees Page 1 Rev. 10/25/2019
REVISED 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 Eighty Thousand Eight Hundred Thirty- Four Dollars and Eighty Cents ($580,834.80), 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.

1.3. 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

ORIGINAL TOTAL MAXIMUM COMPENSATION NOT-
TO-EXCEED $556,536
Amendment No. 1 $24,298.80

REVISED TOTAL MACIMUM COMPENSATION NOT-TO-
EXCEED $580,834.80

Amendment No. 1 to Agreement/Kimley-Horn and Associates, Inc./Revised Exhibit B1-Schedule of Fees Page 2 Rev. 10/25/2019

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:

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

3.2. 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. Descri ption of work performed;

3.3.3. Deliverables completed;

Amendment No. 1 to Agreement/Kimley-Horn and Associates, Inc./Revised Exhibit B1-Schedule of Fees Page 3 Rev. 10/25/2019

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

Amendment No. 1 to Agreement/Kimley-Horn and Associates, Inc./Revised Exhibit B2-Fees by Task Page 1 Rev. 10/25/19
REVISED EXHIBIT B2

FEES BY TASK

1. AMENDMENT NO. 1

1.1. The following additional services shall be provided by Consultant at the specified fee:

Task
Number Activity Unit/Cost
Rate Units Total Cost

3.2 Additional 100 Project Signs $ 23.82 100 $ 2,382.00 Sign/Poster Production $ 16.00 20 $ 320.00 Sign/Poster Installation $ 200.00 20 $ 4,000.00 Producing and Installing 2 Project
Banners $ 73.81 2 $ 147.62
Bus Stop Poster Production $ 18.72 10 $ 187.20 Bus Stop Poster Advertisement $ 125.00 6 $ 750.00 Additional Flyers/Pamphlets $ 0.48 323 $ 155.04 TOTAL COST FOR TASK 3.4 ADDITIONAL SERVICES $ 7,941.86

3.4 Additional Promotional/Safety Items One
Time Setup Fee $ 400.00 1 $ 400.00
Bike Reflectors/Lights $ 4.57 550 $ 2,513.50 Zipper/Backpack Flashing Lights $ 3.19 540 $ 1,722.60 Neon Wristbands $ 1.03 540 $ 556.20
Mini Flashlights $ 3.28 500 $ 1,640.00
TOTAL COST FOR TASK 3.4 ADDITIONAL SERVICES $ 6,832.30

3.6 Additional 1 Community Workshop $ 4,500.00 1 $ 4,500.00 TOTAL COST FOR TASK 3.6 ADDITIONAL SERVICES $ 4,500.00

4.1 Multi-modal Transportation Data Analysis $ 314.04 16 $ 5,024.64 TOTAL COST FOR TASK 4.1 ADDITIONAL SERVICES $ 5,024.64 TOTAL FOR ADDITIONAL SERVICES $ 24,298.80

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

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Amendment No. 1 to Agreement/Kimley-Horn and Associates, Inc./Revised Exhibit B2-Fees by Task Page 2 Rev. 10/25/19

TASK # DESCRIPTION BUDGETED
HOURS
HOURLY

RATE TOTAL
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 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

Amendment No. 1 to Agreement/Kimley-Horn and Associates, Inc./Revised Exhibit B2-Fees by Task Page 3 Rev. 10/25/19

TASK # DESCRIPTION BUDGETED
HOURS
HOURLY

RATE TOTAL

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
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

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Amendment No. 1 to Agreement/Kimley-Horn and Associates, Inc./Revised Exhibit B2-Fees by Task Page 4 Rev. 10/25/19

TASK # DESCRIPTION BUDGETED
HOURS
HOURLY

RATE TOTAL
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
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

Amendment No. 1 to Agreement/Kimley-Horn and Associates, Inc./Revised Exhibit B2-Fees by Task Page 5 Rev. 10/25/19

TASK # DESCRIPTION BUDGETED
HOURS
HOURLY

RATE TOTAL

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
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

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Amendment No. 1 to Agreement/Kimley-Horn and Associates, Inc./Revised Exhibit B2-Fees by Task Page 6 Rev. 10/25/19

TASK # DESCRIPTION BUDGETED
HOURS
HOURLY

RATE TOTAL
Additional Supplemental Traffic Counts $5,000
Circlepoint (Task 3) $118,449
TOTAL FOR OTHER DIRECT COSTS $135,449

I I I I
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-702 Agenda Date: 9/24/2024

REPORT TO COUNCIL

SUBJECT
Action on a Grant Agreement with the California Office of Traffic Safety, and Amendment No. 2 to the Agreement with Safe Moves, Inc., for the Safe Routes to School Program, and Related Budget Amendments

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure

BACKGROUND
The City of Santa Clara administers the Safe Routes to School Program (SRTS Program) through a collaborative effort with the Santa Clara Unified School District (SCUSD). Currently, 17 schools participate in the program, which offers Safe Routes to School Maps, Bicycle & Pedestrian Rodeos, Walk & Bike to School Days, Traffic Safety Equipment Giveaways, Safety Education Curriculum, and Parent and School District staff workshops.

In July 2022, the City received a $25,000 grant from the California Office of Traffic Safety (OTS).

OTS, which administers traffic safety grants made available to California by the National Highway Traffic Safety Administration (NHTSA), awarded these funds to enhance the City’s SRTS Program. In November 2022, the City allocated these funds through an agreement with Safe Moves, Inc. This agreement was later amended (Amendment No. 1) to incorporate an additional $45,200 grant received from OTS in July 2023. These funds were used to purchase safety equipment, such as bicycle helmets, and to support activities including bicycle and pedestrian rodeos and student assemblies.

In January 2024, the Department of Public Works (DPW) submitted a third grant application to OTS for additional funds to continue to support the SRTS Program. The application sought funding for activities and materials similar to those supported by the first two grant awards. On July 17, 2024, DPW received notification that the City was tentatively awarded a $69,050 grant from OTS.

The purpose of this report is to request Council authorization for the City Manager to execute the 2024 Grant Agreement with OTS (Grant Agreement) and Amendment No. 2 to the agreement with Safe Moves, Inc. Both documents must be executed prior to OTS’ release of the grant funds.

DISCUSSION
As a condition of receiving the grant, the City is required to execute the Grant Agreement before OTS can approve the award of $69,050. The Grant Agreement stipulates that these funds must be expended between October 1, 2024 and September 30, 2025. Therefore, staff is requesting that Council authorize the City Manager to execute the Grant Agreement as the Authorizing Official on behalf of the City.

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24-702 Agenda Date: 9/24/2024
Additionally, staff is seeking authorization to execute Amendment No. 2 to the agreement with Safe Moves. Amendment No. 2 will allocate the full grant amount of $69,050 to the Safe Moves agreement, bringing the total not-to-exceed amount to $714,250. The funds will be used for the purchase of helmets and other safety equipment and to support additional programs, including student assemblies and bike rodeos.

FISCAL IMPACT
The recommended budget action recognizes OTS grant funding in the amount of $69,050 and allocates those funds to a new 2024 Santa Clara School Pedestrian and Bicycle Safety Project in the Streets and Highways Capital Fund. This project will provide funding for Amendment No. 2 with Safe Moves.

Amendment No. 2 with Safe Moves for the SRTS program will increase the current $645,200 agreement by $69,050 for a total not to exceed amount of $714,250.

The table below summarizes the budget action for FY 2024/25.

Budget Amendment
FY 2024/25
Current Increase/
(Decrease)
Revised
Streets and Highways Capital Fund
Revenues
Other Agencies Revenue $27,692,361 $69,050 $27,761,411
Expenditures
2024 Santa Clara School Pedestrian
and Bicycle Safety Project (New
Project)
$0 $69,050 $69,050

COORDINATION
This report has been coordinated with the City Manager’s Office, the Finance Department and the City Attorney’s Office.

PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s City of Santa Clara Printed on 9/20/2024Page 2 of 3
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24-702 Agenda Date: 9/24/2024
Office at (408) 615-2220, email [email protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.

RECOMMENDATION

1. Authorize the City Manager to execute and take all necessary steps to implement the Grant Agreement between the City of Santa Clara and the State of California Office of Traffic Safety in the amount of $69,050 for the Safe Routes to School Program, in a final form approved by the City Attorney;

2. Authorize the City Manager to execute Amendment No. 2 to the Agreement with Safe Moves, Inc. to increase the maximum compensation by $69,050 for a revised not-to-exceed amount of $714,250, to provide equipment and services in support of the Safe Routes to School Program, in a final form approved by the City Attorney;

3. Authorize the City Manager to make minor modifications to both agreements and to extend the terms, if needed, in a final form approved by the City Attorney; and

4. Approve the FY 2024/25 budget amendment in the Streets and Highways Capital Fund to increase the Other Agencies Revenue estimate by $69,050 to recognize grant funding for the OTS grant and establish the 2024 Santa Clara School Pedestrian and Bicycle Safety Project in the amount of $69,050 (five affirmative Council votes required to appropriate additional revenue) .

Reviewed by: Craig Mobeck, Director of Public Works
Approved by: Jovan D. Grogan, City Manager

ATTACHMENTS

1. 2024 Office of Traffic Safety Grant Agreement

2. Original Agreement with Safe Moves and Report to Council No. 22-1190

3. Amendment No. 1 to Agreement with Safe Moves and Report to Council No. 23-936

4. Amendment No. 2 to Agreement with Safe MovesCity of Santa Clara Printed on 9/20/2024Page 3 of 3 powered by Legistar™

7/22/2024 11:36:57 AM Page 1 of 16

State of California – Office of Traffic Safety

GRANT AGREEMENT

GRANT NUMBER
PS25021

1. GRANT TITLE
Pedestrian and Bicycle Safety Program

2. NAME OF AGENCY 3. Grant Period
Santa Clara From:

To:
10/01/2024
09/30/2025 4. AGENCY UNIT TO ADMINISTER GRANT
Santa Clara Public Works Department

5. GRANT DESCRIPTION
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving pedestrians and bicyclists. The funded strategies may include classroom education, bicycle rodeos, community events, presentations, and workshops. These countermeasures should be conducted in communities with high numbers of pedestrian and/or bicycle related crashes including underserved communities, older adults, and school-aged children. Coordinated efforts such as Safe Routes to School initiatives, Safe System Approach, and working with community based organizations are highly encouraged to prevent fatalities and injuries of vulnerable non-motorized road users.

6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $69,050.00

These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov.

IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

8. Approval Signatures
A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Steve Chan

Transportation Manager

[email protected]

(408) 615-3021

1500 Warburton Avenue
Santa Clara, CA 95050
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Jõvan Grogan

City Manager

[email protected]

(408) 615-2211

1500 Warburton Avenue
Santa Clara, CA 95050

(Signature) (Date) (Signature) (Date)

C. FISCAL OFFICIAL

D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Kenn Lee

Finance Director

[email protected]

(408) 615-2344

1500 Warburton Avenue
Santa Clara, CA 95050
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Barbara Rooney

Director

[email protected]

(916) 509-3030

2208 Kausen Drive, Suite 300
Elk Grove, CA 95758

(Signature) (Date) (Signature) (Date)

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10. PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED

EXPENDITURES

AGREEMENT
TOTAL $69,050.00

PRIOR AMOUNT ENCUMBERED FOR THIS

AGREEMENT
$ 0.00
OTS ACCOUNTING OFFICER’S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE $69,050.00

E. A CCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Carolyn Vu

SAM #:

REGISTERED
ADDRESS:

CITY:

ZIP+4:

RK62GLSXRUK9

1500 Warburton Avenue
Santa Clara
95050-3713
ADDRESS: 2208 Kausen Drive, Suite 300

Elk Grove, CA 95758

7/22/2024 11:36:57 AM Page 3 of 16

State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule A

GRANT NUMBER
PS25021

1. PROBLEM STATEMENT
The City of Santa Clara (population: 127,681) has over 20 public elementary and middle schools in the Santa Clara Unified School District serving 9,692 students. Currently the City is successfully running a Safe Routes to School program and wishes to expand the bike rodeo training and education effort. Most of the schools are located adjacent to collector or higher capacity roadways that requires added caution when students walk or bike to school. Several schools have contacted the City to incorporate pedestrian and bicycle safety upgrades on nearby roadways. Over the past three years (2021-2023), the City had 937 collisions in total, 124 bicycle-involved collisions (13%) and 187 pedestrian-involved collisions (20%). Of these bicycle and pedestrian collisions, unfortunately there were 143 injuries and 8 fatal collisions. Five pedestrians under 15 years old and seven bicyclists under 15 years old were injured.

The City has 29,591 residents or about 23% of the citywide population in underserved communities that have limited access to transportation, health, economy, equity, resilience, and environmental resources.

One school within the underserved communities has submitted a petition from over 100 people to encourage the City to make bicycle and pedestrian safety improvements near the school. The OTS Grant will be used to conduct student assemblies and bike rodeos for safety education purposes and to purchase and distribute safety equipment at elementary and middle schools in Santa Clara. The student assemblies and bike rodeos in conjunction with other planned City projects will be used to address safety concerns with a goal of enhancing safety around the schools and increase the number of students walking and biking to school..