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 Project 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. T
ask 3.4: Outreach Ev ents/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. Ta
s k 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. T ask 4.1: E xisting 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.
1.2. All payments are based upon City’s acceptance of Consultant’s performance of services specified in Exhibit A1, Scope of Services. City shall have no obligation to pay unless Consultant has successfully completed the work for which payment is due.
1.3. The compensation to be paid by the City is specified below:
Table B1: Total Compensation
Description Total
Task 1: Project Management & Administration $50,354
Task 2: Benchmarking & Data Review $27,092
Task 3: Community Engagement $75,387
Task 4: Collision Data Collection & Analysis $44,254
Task 5: Countermeasure Toolbox $28,949
Task 6: Transportation Equity Assessment $22,063
Task 7: Implementation Pan & Program $59,159
Task 8: Draft & Final Plan $63,235
Other Direct Costs (Including subcontractor: Circlepoint) $135,449 TOTAL FOR ALL TASKS AND OTHER DIRECT COSTS $505,942
Contingency $50,594
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
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.
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
3.1. 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. 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
I I I I
I I I I
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
I I I I
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
I I I I
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