Item 10.L - 2023-02-21 — Santa Maria City Council, February 21, 2023

FOR THE COUNCIL MEETING OF FEBRUARY 21. 2023

COUNCIL AGENDA REPORT
TO: City Council
FROM: City Manager
Prepared by: Director of Public Works
SUBJECT: AWARD THREE PROFESSIONAL SERVICES AGREEMENTS FOR ON -

CALL TRAFFIC ENGINEERING SERVICES
RECOMMENDATION:

That the City Council adopt Resolutions to award a Professional Services Agreement in the amount of $300,000 for on -call Traffic Engineering Services to: 1) Associated Transportation Engineers; 2) Kimley-Horn: and 3) lnterwest Group.

BACKGROUND:

The City owns, operates, and maintains roadways, traffic signals, and facilities throughout the City. The City has active and pending projects that require technical assistance from Traffic Engineering firms. While the City of Santa Maria has Civil Engineers on staff, the City must hire outside consultants for these services. Having on -call consultants that can provide these services will allow the City to deliver projects in a more timely manner.

DISCUSSION:

On November 1, 2022, a Request for Proposal (RFP) was issued and advertised through the City website. In addition, notification emails were sent to firms who expressed interest in providing Traffic Engineering Services to the City. A total of four proposals were received on December 16, 2022.

The best -qualified firms were selected following the City's Purchasing Guidelines. A selection committee, consisting of Engineering Division staff, independently evaluated and ranked the proposals. After deliberations, the top three ranked firms are as follows:

Firm and Location

1. Associated Transportation Engineers, Santa Barbara, CA

2. Kimley-Horn, Los Angeles, CA

3. Interwest Group, Fresno, CA
The proposed Professional Services Agreements would be managed by the Engineering Division, and on -call Traffic Engineering would also be made available for use by other City Departments for funded projects.

Individual project task orders will be issued based on the firm's expertise, workload capacity, services to be performed, schedule requirements, and hourly rates submitted in their proposal. All task orders will be issued based on an agreed -upon, written scope of work, implementation schedule, and maximum fee arrangement negotiated on a project -by - project basis.

BRETT FULGONI
Director Public Works
Environmental Determination
The City of Santa Maria determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CCR, Title 14, Chapter 3 (CEQA Guidelines)), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

Fiscal Considerations
Fees for on -call Traffic Engineering Services will be based on a project -by -project basis and directly charged to individual project budgets. Each project is separately approved and budgeted by the City Council. The City is under no obligation to expend any funds under these Professional Services Agreements.

Alternatives
The City Council may decide to not award these Traffic Engineering Professional Services Agreements and direct staff to issue RFP's for each project individually. However, this alternative is not recommended as there is a significant backlog of projects for which outside Traffic Engineering Services are required to augment City staff. Further, having pre - approved, on -call firms readily available allows for more efficient and timely delivery of projects as multiple projects can be designed concurrently.

Other Agency Review
No other agency review is necessary or anticipated.

Attachments:

A. Professional Services Agreement to Associated Transportation Engineers B. Professional Services Agreement to Kimley-Horn
C. Professional Services Agreement to Interwest Group
2 AGREEMENT FOR PROFESSIONAL SERVICES
On -Call Traffic Engineering Professional Services
This Agreement is made on February 21, 2023, by and between Associated Transportation Engineers, a California Corporation ("Contractor"). and the City of Santa Maria, a California Municipal Corporation and Charter City ("City"), in Santa Maria, California, based on the following recitals:

WHEREAS, City has determined it is in the public interest to proceed with the work hereinafter described as "Project"; and
WHEREAS, City has determined the Project involves the performance of engineering services of a temporary nature; and
WHEREAS, City does not have available employees to perform the services for the Project: and
WHEREAS, City has requested the Contractor to provide manpower to complete the Project; and
WHEREAS, Contractor is registered or licensed in California to perform engineering services for the Project.

NOW, THEREFORE, IT IS AGREED:

1. Recitals true. The above recitals are true.

2. General.

2.01. Term and Termination. The term of this contract is two (2) years, beginning on the date first written above. This contract may be extended by mutual consent of the parties. This contract may be terminated for breach of its terms or conditions, or because of discovery of any act which violates local, state, or federal law. Termination is effective 14 days after the deposit of a notice as specified in this Agreement.

2.02. Services to be Performed. Contractor shall determine the method. details, and means of providing on -call Traffic Engineering Services. More specifically, Contractor agrees to perform the specific services listed in Exhibit "A."

2.03. City's Duties. City's duties under this Agreement are to cooperate with Contractor in the performance of the contract and timely pay invoices.

2.04. Payment. Payment terms under this Agreement are listed in Exhibit "B."

2.05. Insurance. Contractor shall provide insurance as listed in Exhibit "C."

2.06. Exhibits. Exhibits "A," "B," and "C" are attached and incorporated.

3. Contractor's Obligations.

3.01. Minimum Amount of Service. Contractor shall devote sufficient time to perform services under this agreement efficiently and effectively. Contractor may represent, perform services for, and be employed by additional individuals or entities, in Contractor's sole discretion, as long as the performance of these extra -contractual services does not interfere with or present a conflict with City's business.

3.02. Tools and Equipment. Except as otherwise stated in this Agreement, Contractor will supply all tools and equipment necessary to perform this Agreement.

3.03. Status. Contractor (including its employees) is an independent contractor.

No employer/employee relationship exists between Contractor and the City.

Contractor's assigned personnel shall not be entitled to any benefits payable to employees of the City. The City is not required to make any deductions or withholdings from the compensation payable to Contractor under this agreement. Contractor (as a business entity, including its employees) is a "design professional" as defined by California Civil Code section 2782.8(c)(3).

3.04. Indemnification. To the fullest extent permitted by law, the Contractor shall indemnify, defend (with independent counsel approved by the City) and hold harmless the City, and its directors, officers, and employees from and against all liabilities (including without limitation all claims, losses, damages, penalties, fines, and judgments, associated investigation and administrative expenses, and defense costs, including but not limited to reasonable attorneys' fees, court costs and costs of alternative dispute resolution) regardless of nature or type that arise out of, pertain to, or relate to the negligence, reckless, or willful misconduct of the Contractor including its employees. The provisions of this paragraph survive completion of the services or the termination of this contract. The provisions of this Section are not limited by the provisions of the Section relating to insurance.

4. Miscellaneous

4.01. Notices. All communication relating to the day-to-day activities of this Agreement shall be exchanged between a designated representative of the City and a representative of Contractor, listed below. All notices shall be addressed as follows unless a written change is filed with the City:
2 Atty Rev 2021

To City:

Luis Magallon, P.E.

Civil Engineer II I
110 South Pine Street Ste. 221
Santa Maria, CA 93454
To Contractor:

Associated Transportation Engineers
Attn: Scott A. Schell, AICP, PTP
100 N. Hope Avenue, Suite 4
Santa Barbara, CA 93110
If the designated Representative or address of either party changes during the term of this agreement, a written notice shall be given to the other party prior to the effective date of change. Any written notices required under this agreement shall be effective five (5) days after deposit into United States mail, postage prepaid, addressed to the designated Representative, or upon confirmation of receipt of delivery if another notification process is used.

4.02. Compliance With Laws, etc. Contractor shall comply with all laws, including but not limited to the rules and policies of the City, in performing this agreement.

4.03. Integration. This agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this agreement must be in writing and signed by the appropriate representatives of the parties.

4.04. Interpretation. This agreement shall be interpreted in accordance with the laws of the State of California.

4.05. Jurisdiction. Jurisdiction and venue of all disputes over the terms of this agreement shall be in the County of Northern Santa Barbara, State of California.

4.06. Warranty of authority. Each person signing this agreement on behalf of a party warrants that they have authority to do so.

4.07. No Waiver. Failure to enforce with respect to a default shall not be construed as a waiver.

4.08. Severability. The provisions of this agreement are severable. If any part of this agreement is held invalid by a court of competent jurisdiction, the remainder of the agreement shall remain in full force and effect unless amended or modified by mutual written consent of the parties.

4.09. Submittals. In addition to any other submittals required by this agreement, Contractor shall submit copies of its current business license and current certificate of workers' compensation coverage to the City before beginning work on this project.
3 Atty. Rev 2021

4.10. Prevailing Wage. Prevailing Wage. If applicable, Contractor and all Subcontractors are required to pay the general prevailing wage rates of per diem wages and overtime and holiday wages determined by the Director of the Department of Industrial Relations under Section 1720 et seq. of the California Labor Code. The Director's determination is on file and open to inspection at www.dir.ca.gov and is referred to and made a part hereof; the wage rates therein ascertained, determined, and specified are referred to and made a part hereof as though fully set forth herein.

IN WITNESS WHEREOF, this agreement is executed by the parties on the date first written above.

ASSOCIATED TRAFFIC ENGINEERS, CITY OF SANTA MARIA, a political A California Corporation subdivision of the State of California By: SCOTT A. SHELL, AICP, PTP
By: JASON TILWELL
Principal City Manager
ATTEST:

Rhonda M. White, CMC
Chief Deputy City Clerk
4 Atty. Rev 2021
APPROVED AS TO FORM.

City Attorney
Risk Manager

EXHIBIT "A"

SERVICES TO BE PERFORMED
• Prepare and review specialized traffic studies to assess proposed projects. Typical studies would include travel demand or traffic forecasting of proposed roadways, street widening, or intersection improvement projects. Studies may analyze diversion of traffic due to substantial long term construction projects. Analysis will incorporate pedestrian and bicycles. Preparation of studies may be needed to provide technical support for grant and funding applications.
• Provide comprehensive analysis of existing and projected traffic conditions o Analyze intersections for line -of -sight issues, queuing, delay, level of service, etc.

Review subdivision or new development projects and traffic studies involving traffic impact analyses, transportation modeling, area -wide transportation studies, and traffic impact mitigation fee analyses.
o Conduct studies and review the performance of traffic signal timing on street corridors. These studies shall include before and after analysis to quantify the level of improvement to be expected as a result of the project.

Intersection and traffic signal design, including plans, engineer's cost estimate, and contract bid documents for new permanent signal installation. May include modifications to existing signals and flashing beacons. o Provide electronic traffic control device studies and design (signs, signals, pavement markings, RRFBs, and similar devices)
• Simulation/Modeling
o Update and maintain existing City of Santa Maria traffic model. o Understanding and application of relevant operation and travel modeling software such as TransCAD, Trafficware Synchro/SimTraffic, etc.
o Multi -modal travel modeling and traffic volume forecasts • Traffic Counts
Perform data collection as needed within short time frames including ADTs, peak hour counts, 12 and 24 -hour counts, intersection turning movement counts, speed/delay runs, pedestrian and bike counts, etc.
o Data collection including multi -modal traffic volumes, traffic speeds, origin - destination surveys, travel time and delays. and parking utilization. o Work with City Staff to develop a Congestion Management Plan to replace the Santa Barbara County Association of Governments (SBCAG) Congestion Management Plan.
o Perform pedestrian counts and studies
c Use of Big Data for planning efforts
• Transportation Planning
Atty Rev. 2021

Grant writing for federal, state, and regional funding programs for traffic studies and improvement projects.

Prepare specialized studies and analysis in support of various statewide initiatives involving traffic signal improvements, timing, and coordination.

Planning and conceptual designs of complete streets, using established standards and guidelines, as well as assessment of potential operation impacts.

Development and updates of transportation related policies and guidelines such as transportation master plans.

Provide Tong -range planning input and consideration for the Circulation Element of the City of Santa Maria General Plan
Planning and conceptual designs of traffic diversion and calming plans.

Planning and establishment of safe routes to schools.
• Research and Outreach
0 Assist staff in producing reports and making presentations on transportation related topics.

Ability to work with transit providers, emergency services, County of Santa Barbara, Santa Maria Airport, utility service providers, special districts, and walking and cycling advocacy groups.

Present project and programs in project meetings, community workshops, and public hearings as needed. Public outreach and meetings will require bilingual services.
• Training
provide and facilitate training of staff in specific transportation planning areas as requested by the City of Santa Maria
The required services and abilities required to successfully perform traffic engineering services on the project types listed above include, but are not limited to:
• Ability to work with transit providers, emergency service providers, neighboring cities, the County of Santa Barbra, utility service providers, special districts, and walking and cycling advocacy groups.
• Consultants are responsible for keeping City regularly informed with regard to issues related to cost, schedule, contract and legal issues among others. • Consultant and any sub -consultants shall pay their employees the applicable prevailing wages as determined by California Department of Industrial Relations and Federal, State. and local laws.

Atty. Rev 2021

EXHIBIT "B"

PAYMENT
I. Progress Authorization
This contract is subject to the requirements of Page G-9 of the Purchasing Guidelines for the City of Santa Maria.

Individual task orders will be created under this Master Agreement for the completion of each task and billed according to the attached rate sheet.

During the duration of this Master Agreement the City will identify individual task, and upon agreed scope of work, schedule, and cost. a Notice to Proceed and Purchase Ordered will be issued for each task not to exceed $75,000 per task as indicated in Section 1.1B.

The aggregate not -to -exceed fee for all tasks provided during the initial two-year term of the Agreement shall be $300,000.

II . Invoice procedure.

A. Payment shall be at the conclusion of the Project based on the billable charges.

B. The Contractor shall present the bill for charges by the second day of the month.

C. The Contractor's bill shall be substantiated by appropriate documentation, and include an itemized listing of personnel, subcontractors, and other direct costs incurred.

III. Maximum billable amounts
Under no circumstance shall the total of all payments to the Contractor exceed ninety percent (90%) of the maximum not -to -exceed cost, prior to acceptance by the City of all items to be completed as noted within Exhibit "A".

Atty. Rev. 2021

ASSOCIATED TRANSPORTATION ENGINEERS
100 N. Hope Avenue Suite •1 Sdiifd 8drbdrd CA 93110.181. /-4.18 • painovatesb.corn Since 1978
Richard L Pool, P.E.

Scott A. Sctsel:

FEE SCHEDULE
2022
Principal Engineer 5215.00 per hour
Project Engineer 5150.00 per hour
Civil Engineer II $150.00 per hour
Civil Engineer 1 $ 140.00 per hour
Transportation Engineer 11 $110.00 per hour
Transportation Engineer 1 $ 120.00 per hour
Engineering Technician 11 5100.00 per hour
Engineering Technician I $90.00 per hour
Principal Planner $200.00 per hour
Supervising Transportation Planner $190.00 per hour
Transportation Planner III $1,0.00 per hour
Transportation Planner II $120.00 per hour
Transportation Planner I $100.00 per hour
Traffic Technician 11 $90.00 per hour
Traffic Technician I S85.00 per hour
I raffic Counter $60.00 per hour
Administrative Accountant $11S.00 per hour
Office Administrator S95.00 per hour
Engineering • Planning • Parking • Signal Systems • Impact Reports • Bikeways • Transit Atty. Rev. 2021

EXHIBIT "C"

INSURANCE

INSURANCE REQUIREMENTS
Provider shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Provider, his/her agents, representatives, or employees. If the Provider maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Provider.

A. Minimum Scope of Insurance
Coverage shall be at least as broad as:

1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001), including products and completed operations, property damage, bodily injury and personal & advertising injury.

2. Insurance Services Office Business Auto Coverage Form Number CA 00 01 covering any auto (Code 1), or if Provider has no owned autos, covering hired (Code 8) and non -owned autos (Code 9).

3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.

4. Errors and Omissions liability insurance appropriate to the Provider's profession. Architects' and engineers' coverage is to be endorsed to include contractual liability.

5. Cyber Liability Insurance, Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.

B. Minimum Limits of Insurance
Provider shall maintain limits no less than:

General Liability - $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

Atty. Rev. 2021

2. Automobile Liability - $1,000,000 per accident for bodily injury and property damage.

3. Workers' Compensation: Statutory limits.

4. Employers Liability - $1,000,000 per accident for bodily injury or disease.

5. Errors and Omissions Liability - $1,000,000 per occurrence or claim, $2,000,000 aggregate.

6. Cyber Liability- $2,000,000 per occurrence or claim, $2,000,000 aggregate.

C. Self -insured Retentions
Self -insured retentions must be declared to and approved by the City. The City may require the Provider to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration and defense expenses within the retention.

D. Other Insurance Provisions
The commercial general liability and automobi liability policies are to contain, or be endorsed to contain, the following provisions:

1. The City, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Provider including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form or an endorsement to the Providers insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 forms if later revisions are used).

2. For any claims related to this project, the Provider's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Provider's insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled or reduced, except with notice stating the title of this contract to the City. All notices provided pursuant to this Agreement shall be given to the City representative listed for notice in this agreement and shall specify the title of this Agreement. Notice may be given by overnight mail, facsimile with confirmation of receipt, or certified mail with return -receipt requested.

4. Provider hereby grants to City a waiver of any right to subrogation which any insurer of said Provider may acquire against the City by virtue of the payment of any loss under such insurance. Provider agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

5. If any of the required policies provide claims -made coverage:

Atty. Rev. 2021

a. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. c. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Provider must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work.

E. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.

F. Verification of Coverage
Provider shall furnish the City with original certificates and amendatory endorsements of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Provider's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.

G. Special Risks or Circumstances
The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Atty. Rev. 2021

Final Submittal - Opinion of Probable Construction Cost Date 5/23/2018 1
Storm Drain Improvements at IN'iller/Fester Streets
Pro t: y
jNo.:
171111.01
Item
Number I-
Item
Quantity
Unit
Unit Cost
Total Item Cost
1 2
Construction Coordination
1 LS
1 LS
$90,000.00
$90,000
Traffic Control, Construction Area Signs, Postings and Notifications 340,000.00
$40,000
3 Water Pollution Control Program
1 LS
$5,000.00
$5,000
4 Pothole Existing Utilities
22 EA
$750.00
$16,500
5 Clearing, Grubbing, Excavation and Removals
1 LS
$40,000.00
$40,000
6 Trench Excavation and Shoring
1,175
LF
$20.00
$23,500
7A Placement and Backfill of 18" RCP S.D.
300
LF
$230.00
$69,000
78 Placement and Backfill of 18" HP Storm S.D.
300
LF
$140.00
$42,000
8A Placement and Backfill of 24" RCP S.D.
65 LF
$280.00
$18,200
8B Placement and Backfdi of 24" HP Storm S.D.
65 LF
$170.00
$11,050
9A Placement and Backfill of 36" RCP S.D.
810
LF
$330.00
$267,300
98 Placement and Backfill of 36" HP Storm S.D.
810
LF
$210.00
$170,100
10A Placement and Backfill of 42" RCP S.D.
10B Placement and Backfill of 42" HP Storm S.D.
1,230
1,230
LF
LF
$380.00
$250.00
$467,400
$307,500
11 4' Opening S.D. Drop Inlet
8 EA
$5,000.00
$40,000
12 9' Opening S.D. Drop Inlet
3 EA
$10,000.00
$30,000
13 48" S.D. Manhole
1 EA
$7,500.00
$7,500
14 60" S.D. Manhole
7 EA
$10,000.00
$70,000
15 72" S.D. Manhole
3 EA
$12,500.00
$37,500
16 17
18 72" Bubbler-Drywell S.D. Manhole
1 EA
$17,500.00
$17,500
Waterline Lowering
1 EA
$12,500.00
$12,500
Water Service Modification
10 EA
$5,000.00
$50,000
19 S.D. Pipeline Cleaning, CCTV Inspection and Taping
2,410
LF
$5.00
$12,050
20 P.C.C. Curb and Gutter
330
LF
$50.00
$16,500
21 P.C.C. Ramps
1,100
SF
$18.00
$19,800
22 P.C.C. Sidewalk
23 P.C.C. Driveway
2,600
140
SF
SF
$12.00
$20.00
$31,200
$2,800
24 Roadway Preparation
1,900
SF
CY
TON
EA
LF
SF
$2.00
$3,800
25 Class 2 Aggregate Base
50 $60 00
$3,000
26 Asphalt Concrete (Type B)
80 S115.00
$9,200
27 Replace Traffic Signal Loop Detectors (6'x60')
2 $3,500.00
$7,000
28 Thermoplastic Traffic Striping
320
$2.00
$640
29 Thermoplastic Traffic Marking
110
$4.00
$440
30 Painted Traffic Striping (2 -Coat)
69r,,
LF
EA
$1.50
$1,035
31 Survey Monument Preservation
8 S1,000.00 $8,000
Subtotal Including Items 7A, 8A, 9A: $1,418,000
10% Contingency: $141,800
Total Including Items 7A, 8A, 9k $1 ,559,800
Subtotal Including Items 7B, 8B, 98: 51,127,000
10% Contingency: $112,700
Total Including Items 7B, 8B, 9B: $1,239,700
In providing opinions of probable construction costs, the City must understand that Cannon has no control over the costs or the price of labor, equipment or materials, or over the Contractor's method of pricing, and that the opinions of probable costs provided herein are made on the basis of Cannon's qualifications and experience. Cannon makes no warranty, expressed or implied, as to the accuracy of such opinions as compared to bid or actual costs.

EA = Each, LS = Lump Sum, LF = Lineal Feet, SF = Square Feet, SY = Square Yard, CY = Cubic Yard, TN = Ton

AGREEMENT FOR PROFESSIONAL SERVICES
On -Call Traffic Engineering Professional Services
This Agreement is made on February 7, 2023, by and between Kimley-Horn, a California Corporation ("Contractor"), and the City of Santa Maria, a California Municipal Corporation and Charter City ("City"), in Santa Maria, California, based on the following recitals:

WHEREAS, City has determined it is in the public interest to proceed with the work hereinafter described as "Project"; and
WHEREAS, City has determined the Project involves the performance of engineering services of a temporary nature; and
WHEREAS, City does not have available employees to perform the services for the Project; and
WHEREAS, City has requested the Contractor to provide manpower to complete the Project; and
WHEREAS, Contractor is registered or licensed in California to perform engineering services for the Project.

NOW, THEREFORE, IT IS AGREED:

1. Recitals true. The above recitals are true.

2. General.

2.02. Services to be Performed. Contractor shall determine the method, details, and means of providing on -call Traffic Engineering Services. More specifically.

Contractor agrees to perform the specific services listed in Exhibit "A."

2.03. City's Duties. City's duties under this Agreement are to cooperate with Contractor in the performance of the contract and timely pay invoices.

2.04. Payment. Payment terms under this Agreement are listed in Exhibit "B."

2.05. Insurance. Contractor shall provide insurance as listed in Exhibit "C."

2.06. Exhibits. Exhibits "A," "B," and "C" are attached and incorporated.

3. Contractor's Obligations.

3.02. Tools and Equipment. Except as otherwise stated in this Agreement, Contractor will supply all tools and equipment necessary to perform this Agreement.

3.03. Status. Contractor (including its employees) is an independent contractor.

No employer/employee relationship exists between Contractor and the City.

3.04. Indemnification. To the fullest extent permitted by law, the Contractor shall indemnify, defend (with independent counsel approved by the City) and hold harmless the City, and its directors, officers, and employees from and against all liabilities (including without limitation all claims, losses, damages. penalties, fines, and judgments, associated investigation and administrative expenses, and defense costs, including but not limited to reasonable attorneys' fees, court costs and costs of alternative dispute resolution) regardless of nature or type that arise out of, pertain to, or relate to the negligence, reckless, or willful misconduct of the Contractor including its employees. The provisions of this paragraph survive completion of the services or the termination of this contract. The provisions of this Section are not limited by the provisions of the Section relating to insurance.

4. Miscellaneous

To City:

Luis MagaIlan, P.E.

Civil Engineer I I I
110 South Pine Street Ste. 221
Santa Maria, CA 93454
To Contractor:

Kimley-Horn
Attn: Frederik Venter, P.E.
10 S. Almaden Blvd., Suite 1250
San Jose, CA 95113
If the designated Representative or address of either party changes during the term of this agreement, a written notice shall be given to the other party prior to the effective date of change. Any written notices required under this agreement shall be effective five (5) days after deposit into United States mail, postage prepaid, addressed to the designated Representative, or upon confirmation of receipt of delivery if another notification process is used.

4.02. Compliance With Laws, etc. Contractor shall comply with all laws, including but not limited to the rules and policies of the City, in performing this agreement.

4.04. Interpretation. This agreement shall be interpreted in accordance with the laws of the State of California.

4.05. Jurisdiction. Jurisdiction and venue of all disputes over the terms of this agreement shall be in the County of Northern Santa Barbara, State of California.

4.06. Warranty of authority. Each person signing this agreement on behalf of a party warrants that they have authority to do so.

4.07. No Waiver. Failure to enforce with respect to a default shall not be construed as a waiver.

4.10. Prevailing Wage. Prevailing Wage. If applicable, Contractor and all Subcontractors are required to pay the general prevailing wage rates of per diem wages and overtime and holiday wages determined by the Director of the Department of Industrial Relations under Section 1720 et seq. of the California Labor Code. The Director's determination is on file and open to inspection at www.dir.ca.gov and is referred to and made a part hereof; the wage rates therein ascertained, determined. and specified are referred to and made a part hereof as though fully set forth herein.

IN WITNESS WHEREOF, this agreement is executed by the parties on the date first written above.

KIMLEY-HORN,
A California Corporation
CITY OF SANTA MARIA, a political
subdivision of the State of California
By: FREDERIK VENTER, P.E. By: JASON STILWELL
Vice President City Manager
ATTEST:

Rhonda M. White, CMC
Chief Deputy City Clerk
4 APPROV $ £ S TOF
City Attorney
Risk Manager
Atty Rev 2021

EXHIBIT "A"

SERVICES TO BE PERFORMED
• Prepare and review specialized traffic studies to assess proposed projects. Typical studies would include travel demand or traffic forecasting of proposed roadways, street widening, or intersection improvement projects. Studies may analyze diversion of traffic due to substantial long term construction projects. Analysis will incorporate pedestrian and bicycles. Preparation of studies may be needed to provide technical support for grant and funding applications.
• Provide comprehensive analysis of existing and projected traffic conditions
Analyze intersections for line -of -sight issues, queuing, delay, level of service, etc.

Conduct studies and review the performance of traffic signal timing on street corridors. These studies shall include before and after analysis to quantify the level of improvement to be expected as a result of the project.

Provide electronic traffic control device studies and design (signs, signals, pavement markings, RRFBs, and similar devices) • Simulation/Modeling
Update and maintain existing City of Santa Maria traffic model.

Understanding and application of relevant operation and travel modeling software such as TransCAD, Trafficware
Synchro/SimTraffic, etc.

Multi -modal travel modeling and traffic volume forecasts • Traffic Counts
Perform data collection as needed within short time frames including ADTs, peak hour counts, 12 and 24 -hour counts, Atty Rev. 2021

intersection turning movement counts, speed/delay runs, pedestrian and bike counts, etc.

Data collection including multi -modal traffic volumes, traffic speeds, origin -destination surveys, travel time and delays, and parking utilization.

Work with City Staff to develop a Congestion Management Plan to replace the Santa Barbara County Association of Governments (SBCAG) Congestion Management Plan.

Perform pedestrian counts and studies
Use of Big Data for planning efforts
• Transportation Planning
Grant writing for federal, state, and regional funding programs for traffic studies and improvement projects.

Prepare specialized studies and analysis in support of various statewide initiatives involving traffic signal improvements, timing, and coordination.

Planning and conceptual designs of complete streets, using established standards and guidelines, as well as assessment of potential operation impacts.

Development and updates of transportation related policies and guidelines such as transportation master plans.

Provide long-range planning input and consideration for the Circulation Element of the City of Santa Maria General Plan Planning and conceptual designs of traffic diversion and calming plans.

Planning and establishment of safe routes to schools.
• Research and Outreach
Assist staff in producing reports and making presentations on transportation related topics.

Ability to work with transit providers, emergency services, County of Santa Barbara, Santa Maria Airport, utility service providers, special districts, and walking and cycling advocacy groups.

Present project and programs in project meetings, community workshops, and public hearings as needed. Public outreach and meetings will require bilingual services.
• Training
Atty Rev 2021

provide and facilitate training of staff in specific transportation planning areas as requested by the City of Santa Maria
The required services and abilities required to successfully perform traffic engineering services on the project types listed above
include, but are not limited to:
• Ability to work with transit providers, emergency service providers, neighboring cities, the County of Santa Barbra, utility service providers, special districts, and walking and cycling advocacy groups. • Consultants are responsible for keeping City regularly informed with regard to issues related to cost, schedule, contract and legal issues among others.
• Consultant and any sub -consultants shall pay their employees the applicable prevailing wages as determined by California Department of Industrial Relations and Federal, State, and local laws.

Atty. Rev. 2021

EXHIBIT "B"

PAYMENT
I. Progress Authorization
This contract is subject to the requirements of Page G-9 of the Purchasing Guidelines for the City of Santa Maria.

Individual task orders will be created under this Master Agreement for the completion of each task and billed according to the attached rate sheet.

During the duration of this Master Agreement the City will identify individual task, and upon agreed scope of work. schedule, and cost, a Notice to Proceed and Purchase Ordered will be issued for each task not to exceed $75,000 per task as indicated in Section 1.1B.

The aggregate not -to -exceed fee for all tasks provided during the initial two-year term of the Agreement shall be $300,000.
1 1 . Invoice procedure.

A. Payment shall be at the conclusion of the Project based on the billable charges.

B. The Contractor shall present the bill for charges by the second day of the month.

C. The Contractor's bill shall be substantiated by appropriate documentation. and include an itemized listing of personnel, subcontractors, and other direct costs incurred.

I II. Maximum billable amounts
Under no circumstance shall the total of all payments to the Contractor exceed ninety percent (90%) of the maximum not -to -exceed cost, prior to acceptance by the City of all items to be completed as noted within Exhibit "A".

Atty. Rev. 2021

Kimley Morn
Kimley-Horn and Associates, Inc.

Hourly Labor Rate Schedule
Classification
Rate
Analyst I
S185 00
Analyst II
$210.00
Professional I
$240.00
Professional II
$260.00
Senior Professional I
$310.00
Senior Professional II
$340.00
Senior Professional III
$390.00
Sr. Support Staff
S180 00
Support Staff
S135 00
Rates are effective through June 30 2024. and subject to annual adjustment thereafter Other Direct Costs: Outside PnntinglReproduction, Delwcry ServicesIUSPS Misc Field Equipment/Supplies. and Travel Expenses will bo billed at actual cost Mileage will be billed at the Federal Rate.

Sub -Consultants will be billed at cost plus 10% or per the Contract kirney4horn corn
ru0 .1 .u......
10 5 Almaden !Ivo '4 I A' S3fl Jo`
Atty. Rev. 2021

N.rionsl Dos & Strreying Saving
Rate Schedule
Effective through June 30, 2023
1535 S. La Cienega Blvd.

Los Angeles, CA 90035
T- (323) 782.0090
F- (323) 365-1666
Classification Billing Rate nor lliour•
Project Manager S 105.60
Field Manager S 59.00
Quality Control:Quality Assurance S62.00
Administrative Support S 50.00
Field Technician S37.50
*Rates are effective through June 30, 2024 and subject to annual escalation thereafter starting on July I, 2024.

Other Direct Costs: Outside Printing/Reproduction, Delivery Scrviccs LISPS, Misc.

Field Equipment'Supplies, and Travel Expenses will be billed per the contract. Mileage will he killed at the Federal Rate.

Atty. Rev. 2021

NaUorul Data & Surveying Services
City of Santa Maria Pricing
$700 Daily Minimum
TURNING MOVEMENT COUNTS (Per Location with or without Peds and Bikes) 4 Hour (1 Person)
6 Hour (1 Person)
Add peds & o+kes
$310
$420
$10/hr
Prices aro 'et single person itersect on. rrjst Oiscuss for mut!rple person pncrg ROAD TUBE MACHINE COUNTS Locat+ont
24 Hour Volume Coun! $145
Each Aoert:onal (Consecutive) Day $70
24 Hot.r Classification OR Speed Coun! $160 5225 (single or mult-lane) Each Additional (Consecutive( Day $80 - $100
24 Hour Classification AND Speed Count $190 - S255
Each Add+bonal (Consecutive) Day $110 - 5140

ADDITIONAL SERVICES
Carrara Installation (Up to 24 hours) $320
Each Addttona Consecutive Day $190
Video Review (Per Hour) $30
Spot Speed Radar (100 Cars OR 2 flour
Max, whchever comes firs!)
Parking Stud es Case -by case basis
$160
Pr,ces fr)r ,elereoce only Pease request a forma' estirrrate 'Pates are effective lhrougn :tine 30 2024 and subject to ann,at esco/ata;n mnrr.Rrr crRru,, on !uty 1 2024 Atty. Rev. 2021

• •• r••1•d
C4JNTS UNLIMITED,. INS RATE SCHEDULE
Effective through June 30. 2024
uriy BiHi g Rates
Counts Unlimited. Inc.

Classification HourN Race
Project Manager _._. $120.00
Assistant Project Manager $90.00
Field Technician $75.00
Various Traffic Count Staff $45.00
MileageSarki
Counts Unlimited, Inc. Direct Cost Rates
Intersection Vehicle Turning Movement Counts
Standard Turning Movement Count
Classified Turning Movement Count (incl truck/ped/bike}

62.5c per mile
545 per hour
$50 per hour
24 Hour Machine Traffic Volume Counts
Entering volume $60 per approd t•
Directional Volume 5100 per site
Clasitication / Speed $200 per site
Pedestrian / Bicycle Counts $25 per hour
Speed Radar Surveys
1 Hour or 100 cars. whichever comes first $85 each
Parking Surveys
Occupancy $50 per hour
Duration / Turnover $75 per hour
license Plate Surveys 5100 per hour
Field Survey of Existing Conditions $50 per hour
Counts Unlimited. Me. • PO Box • 171S • :oro^a CA 92878 • 951 2586268 • F 961 288 0207 • w* * ea:rtsunlimdeo nun Atty. Rev. 2021

AimTD tlt
177:4
Aim Traffic Data
Rate Schedule
Ftrectnc through Jane (e 'fr'4
( Ia..itiratiun liillini; Rate per Hour*
held technician 1 S65.t►tt
Field Technician 1I S6;i.00
Project ‘1an4ger 1 S150.00
Project Manager 11 S170.00
Data Reduction Technician 1 545.011
Data Reduction iecluucian 11 555.00
Data Reduction Manager S75.00
Administrative Support SI00.00
'Rates are ettectivc through June 30, 2024, and suhjcct to annual escalation tl!ere,rltrr starting on July 1. 2024.

Other Direct Costs: Meld Equipment Supplies. and Travel Expenses sill be billed NI the contract Mileage will he killed at the Federal Rate.

Atty. Rev. 2021

AimTO LLIC
Aim Traffic Data
2023 Fee Schedule
Type of Service
Unit
Cost
24 — Hour Sin_gle Tube Count, 4 approaches
EA
$250
24 - flour [heal Tube Count
EA
S129
24 Hour Speed or Axle Classification Counts 2 lanes
EA
S 169
24 Hour Spccd or Axle Classification Counts 3-4 lanes
EA
$199
4hr Manual Turning Movement Counts (Catc};ur) II
LA
$199
4hr Manual Turning Movement Counts (Category 2)
EA
$350
4hr Pedestrian Counts (Category I)
EA
S159
24hr Video Manual Turning Movement Counts (Category I)
EA
$499
24hr Segment Video Active Transportation Counts (Peds, Bike. Scooter) EA
$399
Radar Survey (calibrated radar, certified operator)
EA
S149
Parking Occupancy Survey
HR
S79
Parking Turnover Survey
HR
S79
AirnTD LLC 751 S Weir Canyon Rd Ste 157-158 Anaheim, CA 92808 Tel 714 253 7888 Atty. Rev. 2021

EXHIBIT "C"

INSURANCE

A. Minimum Scope of Insurance
Coverage shall be at least as broad as:

2. Insurance Services Office Business Auto Coverage Form Number CA 00 01 covering any auto (Code 1), or if Provider has no owned autos, covering hired (Code 8) and non -owned autos (Code 9).

3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.

4. Errors and Omissions liability insurance appropriate to the Provider's profession. Architects' and engineers' coverage is to be endorsed to include contractual liability.

B. Minimum Limits of Insurance
Provider shall maintain limits no less than:

1. General Liability - $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

Atty. Rev. 2021

2 Automobile Liability - 51,000,000 per accident for bodily injury and property damage.

3. Workers' Compensation: Statutory limits.

4. Employer's Liability - 51.000.000 per accident for bodily injury or disease.

5. Errors and Omissions Liability - $1.000.000 per occurrence or claim, 52,000,000 aggregate.

6. Cyber Liability- $2.000,000 per occurrence or claim. $2,000,000 aggregate.

Self -insured Retentions
Self -insured retentions must be declared to and approved by the City The City may require the Provider to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations. claim administration and defense expenses within the retention.

Other Insurance Provisions
The commercial general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions

1. The City. its officers, officials. employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Provider including materials. parts or equipment furnished in connection with such work or operations General liability coverage can be provided in the form or an endorsement to the Provider's insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10. CG 20 26. CG 20 33. or CG 20 38 and CG 20 37 forms if later revisions are used)
2 For any claims related to this project. the Provider's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City. its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City. its officers. officials, employees or volunteers shall be excess of the Provider's insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled or reduced. except with notice stating the title of this contract to the City All notices provided pursuant to this Agreement shall be given to the City representative listed for notice in this agreement and shall specify the title of this Agreement. Notice may be given by overnight mail. facsimile with confirmation of receipt. or certified mail with return -receipt requested
4 Provider hereby grants to City a waiver of any right to subrogation which any insurer of said Provider may acquire against the City by virtue of the payment of any loss under such insurance Provider agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer
5 If any of the required policies provide claims -made coverage Atty Rev 2021

E. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.

Atty. Rev. 2021

AGREEMENT FOR PROFESSIONAL SERVICES
On -Call Traffic Engineering Professional Services
This Agreement is made on February 7, 2023, by and between Interwest Group, a California Corporation ("Contractor"), and the City of Santa Maria, a California Municipal Corporation and Charter City ("City"), in Santa Maria, California, based on the following recitals:

WHEREAS, City has determined it is in the public interest to proceed with the work hereinafter described as "Project"; and
WHEREAS, City has determined the Project involves the performance of engineering services of a temporary nature; and
WHEREAS, City does not have available employees to perform the services for the Project; and
WHEREAS, City has requested the Contractor to provide manpower to complete the Project; and
WHEREAS, Contractor is registered or licensed in California to perform engineering services for the Project.

NOW, THEREFORE, IT IS AGREED:

1. Recitals true. The above recitals are true.

2. General.

2.02. Services to be Performed. Contractor shall determine the method, details, and means of providing on -call Traffic Engineering Services. More specifically, Contractor agrees to perform the specific services listed in Exhibit "A."

2.03. City's Duties. City's duties under this Agreement are to cooperate with Contractor in the performance of the contract and timely pay invoices.

2.04. Payment. Payment terms under this Agreement are listed in Exhibit "B."

2.05. Insurance. Contractor shall provide insurance as listed in Exhibit "C."

2.06. Exhibits. Exhibits "A," "B," and "C" are attached and incorporated.

3. Contractor's Obligations.

3.02. Tools and Equipment. Except as otherwise stated in this Agreement, Contractor will supply all tools and equipment necessary to perform this Agreement.

3.03. Status. Contractor (including its employees) is an independent contractor.

No employer/employee relationship exists between Contractor and the City.

3.04. Indemnification. To the fullest extent permitted by law, the Contractor shall indemnify, defend (with independent counsel approved by the City) and hold harmless the City, and its directors, officers, and employees from and against all liabilities (including without limitation all claims, losses, damages, penalties, fines, and judgments, associated investigation and administrative expenses, and defense costs, including but not limited to reasonable attorneys' fees, court costs and costs of alternative dispute resolution) regardless of nature or type that arise out of, pertain to, or relate to the negligence, reckless. or willful misconduct of the Contractor including its employees. The provisions of this paragraph survive completion of the services or the termination of this contract. The provisions of this Section are not limited by the provisions of the Section relating to insurance.

4. Miscellaneous

4.01. Notices. All communication relating to the day-to-day activities of this Agreement shall be exchanged between a designated representative of the CITY and a representative of CONTRACTOR, listed below. All notices shall be addressed as follows unless a written change is filed with the City:
2 Atty. Rev 2021

To City:

Luis Magallon, P.E.

Civil Engineer I II
110 South Pine Street Ste. 221
Santa Maria, CA 93454
To Contractor:

Interwest Group
Attn: Paul Meschino, President
1171 West Shaw Ave., Suite 102
Fresno, CA 93711
If the designated Representative or address of either party changes during the term of this agreement, a written notice shall be given to the other party prior to the effective date of change. Any written notices required under this agreement shall be effective five (5) days after deposit into United States mail, postage prepaid, addressed to the designated Representative, or upon confirmation of receipt of delivery if another notification process is used.

4.02. Compliance With Laws, etc. Contractor shall comply with all laws, including but not limited to the rules and policies of the City, in performing this agreement.

4.04. Interpretation. This agreement shall be interpreted in accordance with the laws of the State of California.

4.05. Jurisdiction. Jurisdiction and venue of all disputes over the terms of this agreement shall be in the County of Northern Santa Barbara, State of California.

4.06. Warranty of authority. Each person signing this agreement on behalf of a party warrants that they have authority to do so.

4.07. No Waiver. Failure to enforce with respect to a default shall not be construed as a waiver.

Prevailing Wage. Prevailing Wage. If applicable, Contractor and all Subcontractors are required to pay the general prevailing wage rates of per diem wages and overtime and holiday wages determined by the Director of the Department of Industrial Relations under Section 1720 et seq. of the California Labor Code. The Director's determination is on file and open to inspection at www.dir.ca.gov and is referred to and made a part hereof; the wage rates therein ascertained, determined, and specified are referred to and made a part hereof as though fully set forth herein.

IN WITNESS WHEREOF, this agreement is executed by the parties on the date first written above.

INTERWEST GROUP, CITY OF SANTA MARIA, a political
A California Corporation subdivision of the State of California By: PAUL MESCHINO
By: JASON STILNELL
President City Manager
ATTEST:

Rhonda M. White, CMC
Chief Deputy City Clerk
4 Atty Rev 2021
APPRIVED-AgTO FORM:

Risk Manager
ty Attorney

EXHIBIT "A"

SERVICES TO BE PERFORMED
• Prepare and review specialized traffic studies to assess proposed projects. Typical studies would include travel demand or traffic forecasting of proposed roadways, street widening, or intersection improvement projects. Studies may analyze diversion of traffic due to substantial long term construction projects. Analysis will incorporate pedestrian and bicycles. Preparation of studies may be needed to provide technical support for grant and funding applications.
•
Provide comprehensive analysis of existing and projected traffic conditions
Analyze intersections for line -of -sight issues, queuing, delay, level of service, etc.

Provide electronic traffic control device studies and design (signs. signals, pavement markings, RRFBs, and similar devices) • Simulation/Modeling
Update and maintain existing City of Santa Maria traffic model.

Understanding and application of relevant operation and travel modeling software such as TransCAD, Trafficware
Synchro/SimTraffic, etc.

intersection turning movement counts, speed/delay runs, pedestrian and bike counts, etc.
o Data collection including multi -modal traffic volumes, traffic speeds, origin -destination surveys, travel time and delays, and parking utilization.
o Work with City Staff to develop a Congestion Management Plan to replace the Santa Barbara County Association of Governments (SBCAG) Congestion Management Plan.

Perform pedestrian counts and studies
o Use of Big Data for planning efforts
• Transportation Planning
o Grant writing for federal, state, and regional funding programs for traffic studies and improvement projects.
o Prepare specialized studies and analysis in support of various statewide initiatives involving traffic signal improvements, timing, and coordination.

Planning and conceptual designs of complete streets, using established standards and guidelines, as well as assessment of potential operation impacts.
• Development and updates of transportation related policies and guidelines such as transportation master plans.

Provide long-range planning input and consideration for the Circulation Element of the City of Santa Maria General Plan o Planning and conceptual designs of traffic diversion and calming plans.

Planning and establishment of safe routes to schools.
• Research and Outreach
Assist staff in producing reports and making presentations on transportation related topics.

Ability to work with transit providers, emergency services, County of Santa Barbara, Santa Maria Airport, utility service providers, special districts, and walking and cycling advocacy groups.

Present project and programs in project meetings, community workshops, and public hearings as needed. Public outreach and meetings will require bilingual services.
• Training
Atty Rev 2021

Atty. Rev. 2021

EXHIBIT "B"

PAYMENT
I. Progress Authorization
This contract is subject to the requirements of Page G-9 of the Purchasing Guidelines for the City of Santa Maria.

Individual task orders will be created under this Master Agreement for the completion of each task and billed according to the attached rate sheet.

During the duration of this Master Agreement the City will identify individual task, and upon agreed scope of work, schedule, and cost, a Notice to Proceed and Purchase Ordered will be issued for each task not to exceed $75,000 per task as indicated in Section 1.1 B.

The aggregate not -to -exceed fee for all tasks provided during the initial two-year term of the Agreement shall be $300,000.

II. Invoice procedure.

A. Payment shall be at the conclusion of the Project based on the billable charges.

B. The Contractor shall present the bill for charges by the second day of the month.

C. The Contractor's bill shall be substantiated by appropriate documentation, and include an itemized listing of personnel, subcontractors, and other direct costs incurred.

II I. Maximum billable amounts
Under no circumstance shall the total of all payments to the Contractor exceed ninety percent (90%) of the maximum not -to -exceed cost, prior to acceptance by the City of all items to be completed as noted within Exhibit "A".

Atty Rev 2021

Fee Schedule
Bitting Rates
t. 2(22
Buy •uv'.q 1st ., ^IY •'r 5.f r•f ,i/ 1^r• ^ . 'I :. )Jt; I'1' _ Ayrt•. Cn' J!•u al f , • r• , • I ',.- r i. , r .t, . •.1 .t t , '.JI La dt.'a I . 1 _ : ly Ii 1On the ?ecru,' r•r•r$..' Ir •hf• ,:f•( dlt r .••,t ( , r 3 .r. I,. nt ;,r;r .l• .• . ' : JCCCSs:J' 'I`C'._UI �:?•..U'rt•• 7• [.- If :.r•■ ,..n •.•r{ S•.ftr; .y Ay.+•.1.7.• All .r....S �� ..1 IVct :i.j or ly e.: i. . . ,: :. .1•l.n'� Sri .r•,.•r•. r.•:4'll�'t! c, i.•".: 1'1 :3 Ihl' .. •'I .."Il'•s i r'1.11 ..[ •f Ai`rP d[.:l.1r ri'PIr' 4.'.: l • . .. .•i t . . ..•t ,x, pe• t^^urn The ir».• .. I •.. . Ift,, 1 . .r , pun, .. rt t r•t r.+ )r.T..1f,:ar _'I ' t. r ; .1.

CLASSIFICATION HOURLY BILLING RA1E
Engineering
PIA- I. *I n Cnarge
r • nclrAI Fr q ne.+r
P•o1Prt Man .1e(
T•J�r Fig nee.

Supe^.•sra End 'vet
Sen or E iy no:,
_r.e^sec Laid Sur.cyur
Eryfrc^_r•.g Asu,,ctr II
E^ylrecr ng Assot W.? II
Liginttenrg Assoc .rr« I
Sen Or L•+glr..r ng Ternrici. r
13 ee Ing TPrirrrrar III
F. n3 n• -o, ng Techr iciAn I
=n3
Studer! " amee
Subconsultant Rates (Mizuta Traffic Consulting)
•..1'ir . n •,r. -,r,•
Subconsultant Rates (Counts Unlimited)
Ass's..ar-t P•cie•_• h'Jr j.4,.•
f .1
c1:
516
s1(:,
S'6S
S•4S
S' 3S
SVS
S'))
S•L'J
Sls_
INTERWEST TMAtJC.HTr.11 SOLUTIONS Tf+y1VING COMML,N ruES Atty. Rev 2021

EXHIBIT "C"

INSURANCE

INSURANCE REQUIREMENTS
Provider shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Provider. his/her agents. representatives. or employees. If the Provider maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Provider.

A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1 Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001), including products and completed operations. property damage, bodily injury and personal & advertising injury.

2. Insurance Services Office Business Auto Coverage Form Number CA 00 01 covering any auto (Code 1). or if Provider has no owned autos. covering hired (Code 8) and non -owned autos (Code 9).

3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance
4 Errors and Omissions liability insurance appropriate to the Provider's profession. Architects' and engineers' coverage is to be endorsed to include contractual liability

5. Cyber Liability Insurance, Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.

Minimum Limits of Insurance
Provider shall maintain limits no less than:

General Liability - $2.000.000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit Atty. Rev. 2021

2. Automobile Liability - $1,000,000 per accident for bodily injury and property damage.

3. Workers' Compensation: Statutory limits.

4. Employer's Liability - $1,000,000 per accident for bodily injury or disease.

5. Errors and Omissions Liability - $1,000,000 per occurrence or claim, $2,000,000 aggregate.

6. Cyber Liability- $2,000,000 per occurrence or claim, $2,000,000 aggregate.

D. Other Insurance Provisions
The commercial general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

1. The City, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Provider including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form or an endorsement to the Provider's insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 forms if later revisions are used).

5. If any of the required policies provide claims -made coverage:

Atty. Rev. 2021

a. The Retroactive Date must be shown. and must be before the date of the contract or the beginning of contract work. b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. c. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Provider must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A. VII, unless otherwise acceptable to the City
F. Verification of Coverage
Provider shall furnish the City with original certificates and amendatory endorsements of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Provider's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.

Special Risks or Circumstances
The City reserves the right to modify these requirements, including limits, based on the nature of the risk. prior experience, insurer, coverage. or other special circumstances
Atty. Rev. 2021

Final Submittal - Opinion of Probable Construction Cost Date 5/23/2018
1 City
Storm Drain Improvements at E. Boone Street
No.: 171111.02
Item
Number
Item
Quantity
Unit
Unit Cost Total Item Cost
1 Construction Coordination
1 1
LS
LS
$50,000.00 $50,000
2 Traffic Control, Construction Area Signs, Postings and Notifications $30,000.00 $30,000
3 Water Pollution Control Program
LS
$5,000.00 $5,000
4 Pothole Existing Utilities
22 EA
$750.00 $16,500
5 Clearing, Grubbing, Excavation and Removals
1 LS
520,000.00 $20,000
6 Trench Excavation and Shoring
840
LF
$20.00 $16,800
7A Placement and Backfill of 18" RCP S.D.
120
LF
$230.00 $27,600
7B Placement and Backfill of 18" HP Storm S.D.
120
LF
$140.00 $16,800
BA Placement and Backfill of 24" RCP S.D.
20 LF
$280.00 $5,600
8B Placement and Backfill of 24" HP Storm S.D.
20 LF
$170.00 $3,400
9A Placement and Backfill of 36" RCP S.D.
700
LF
$330.00
$231,000
9B Placement and Backfill of 36" HP Storm S.D.
700
LF
$210.00
$147,000
10 4' Opening S.D. Drop Inlet
11 20' Opening S.D. Drop Inlet
2 1
EA
EA
$5,000.00
$10.000.00
$10,000
$10,000
12 60" S.D. Manholes
3 EA
510.000.00 $30,000
13 Waterline Lowering
4 EA
S20,000.00
$80,000
565,000

54.200
i $11,000
14 Water Service Modification
13 EA
$5,000.00
15 S.D. Pipeline Cleaning, CCTV Inspection and Taping
840
LF
$5.00
16 P.C.C. Curb and Gutter
220
LF
$50.00
17 P.C.C. Curb Only
110
LF
$40.00' $4,400
18 P.C.C. Ramps
630
SF
$18.00
$11,340
513.200
$1,800
19 P.C.C. Sidewalk
1,100
SF
$12.00
20 P.C.C. Cross -Gutter
60 SF
$30.00
21 P.C.C. Median and Stamped P.C.C.
40 SF
560.00 $2,400
22 Roadway Preparation
3,100
SF

52.00 $6,200
23 Class 2 Aggregate Base
24 Asphalt Concrete (Type B)
80 120
CY
TON
560.00
$115.00'
$4,800
$13,800
25 Replace Traffic Signal Loop Detectors (6'x35')
6 EA
$2,000.00
$12,000
26 Replace Traffic Signal Loop Detectors (6'x60')
4 EA
$3,500.00
$14,000
27 Electrical System Modifications
1 LS
$10,000.00 $10,000
28 Thermoplastic Traffic Striping
540
LF

52.25 $1,215
29 Thermoplastic Traffic Marking
17 SF

54.00 $68
30 Painted Traffic Striping (2 -Coat)
440
LF
51 50 $660
31 Tree and Stump Removal
1 2
EA
55,000.00 $5,000
$1,000.00; 52.000
32 Survey Monument Preservation
EA
Subtotal Including Items 7A, 8A, 9A: 5716,000
10% Contingency: 571,600
Total Including Items 7A, 8A, 9A: $787,600
Subtotal Including Items 7B, 88, 9B: $619,000
10% Contingency: $61,900
Total Including Items 7B, 8B, 9B: $680,900
In providing opinions of probable construction costs, the City must understand that Cannon has no control over the costs or the price of labor, equipment or materials, or over the Contractors method of pricing, and that the opinions of probable costs provided herein are made on the basis of Cannon's qualifications and experience. Cannon makes no warranty, expressed or implied, as to the accuracy of such opinions as compared to bid or actual costs.

EA = Each, LS = Lump Sum, LF = Lineal Feet, SF = Square Feet, SY = Square Yard. CY = Cubic Yard, TN = Ton

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF SANTA MARIA, CALIFORNIA, AWARDING A PROFESSIONAL SERVICES AGREEMENT IN THE AMOUNT OF $300,000 FOR ON -CALL TRAFFIC ENGINEERING

PROFESSIONAL SERVICES TO ASSOCIATED TRANSPORTATION ENGINEERS WHEREAS, the need exists for the City to obtain prompt professional Traffic Engineering Services to support municipal traffic improvement projects; and WHEREAS, on November 1, 2022, the City issued a Request for Proposal (RFP) for on -call Traffic Engineering Professional Services for projects within the City. The RFP was listed on the City's website and firms that specialize in this work were notified, including those firms who had expressed interest and those who had previously completed work for the City; and
WHEREAS, on December 16, 2022, the City received four proposals from firms that perform this work; and
WHEREAS, staff formed a selection committee to independently review and score each firm's proposal based on specific criteria in the RFP; and WHEREAS, following deliberations, the selection committee determined that Associated Transportation Engineers satisfied the requirements of the RFP and was deemed a qualified firm to provide the needed on -call Traffic Engineering Professional Services; and
WHEREAS, the firms will provide services on an on -call, as -needed, and project - specific basis as defined by the City, and all task orders will have a defined scope, schedule, and fee arrangement that will be negotiated based on the hourly rate schedule included in the agreement; and
WHEREAS, the City of Santa Maria determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (OCR, Title 14, Chapter 3 (CEQA Guidelines), Article 20, Section 15378)). In addition. CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:

1. A Professional Services Agreement for on -call Traffic Engineering Services is awarded to Associated Transportation Engineers for a term of two years with an annual fee not -to -exceed $300,000; and

2. The City Manager, or designee, is authorized to execute the Professional Services Agreement on behalf of the City; and

3. The Chief Deputy City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria held this 21st day of February 2023.

Mayor
ATTEST:

Chief Deputy City Clerk
2 City Attorney

APPROVED AS TO ONTENT
Department Director
ity nager

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF SANTA MARIA, CALIFORNIA, AWARDING A PROFESSIONAL SERVICES AGREEMENT IN THE AMOUNT OF $300,000 FOR ON -CALL TRAFFIC ENGINEERING

PROFESSIONAL SERVICES TO KIMLEY- HORN
WHEREAS, the need exists for the City to obtain prompt professional Traffic Engineering Services to support municipal improvement projects; and WHEREAS, on November 1, 2022, the City issued a Request for Proposal (RFP) for on -call Traffic Engineering Professional Services for projects within the City. The RFP was listed on the City's website and firms that specialize in this work were notified; including those firms who had expressed interest and those who had previously completed work for the City; and
WHEREAS, on December 16, 2022, the City received four proposals from firms that perform this work; and
WHEREAS, staff formed a selection committee to independently review and score each firm's proposal based on specific criteria in the RFP; and WHEREAS, following deliberations, the selection committee determined that Kimley- Horn satisfied the requirements of the RFP and was deemed a qualified firm to provide the needed on -call Traffic Engineering Professional Services; and WHEREAS, the firms will provide services on an on -call, as -needed, and project - specific basis as defined by the City, and all task orders will have a defined scope, schedule, and fee arrangement that will be negotiated based on the hourly rate schedule included in the agreement; and
WHEREAS, the City of Santa Maria determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CCR, Title 14.

Chapter 3 (CEQA Guidelines), Article 20, Section 15378)). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California. as follows:

1. A Professional Services Agreement for on -call Traffic Engineering Services is awarded to Kimley-Horn for a term of two years with an annual fee not -to -exceed $300,000; and

2. The City Manager, or designee, is authorized to execute the Professional Services Agreement on behalf of the City; and .

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria held this 21st day of February 2023.

Mayor
ATTEST:

Chief Deputy City Clerk
APPROVED 9S- FORM:

City Attorney

APPROVED AS TO
Department Director
Cit{Manager
2 RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF SANTA MARIA, CALIFORNIA, AWARDING A PROFESSIONAL SERVICES AGREEMENT IN THE AMOUNT OF $300,000 FOR ON -CALL TRAFFIC ENGINEERING

PROFESSIONAL SERVICES TO INTERWEST GROUP
WHEREAS, the need exists for the City to obtain prompt professional Traffic Engineering Services to support municipal traffic improvement projects; and WHEREAS, on November 1, 2022, the City issued a Request for Proposal (RFP) for on -call Traffic Engineering Professional Services for projects within the City. The RFP was listed on the City's website and firms that specialize in this work were notified, including those firms who had expressed interest and those who had previously completed work for the City; and
WHEREAS, on December 16, 2022, the City received four proposals from firms that perform this work; and,
WHEREAS, staff formed a selection committee to independently review and score each firm's proposal based on specific criteria in the RFP; and, WHEREAS, following deliberations, the selection committee determined that Interwest Group satisfied the requirements of the RFP and was deemed a qualified firm to provide the needed on -call Traffic Engineering Professional Services; and.

WHEREAS, the firms will provide services on an on -call, as -needed, and project - specific basis as defined by the City, and all task orders will have a defined scope, schedule, and fee arrangement that will be negotiated based on the hourly rate schedule included in the agreement; and.

WHEREAS, the City of Santa Maria determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CCR, Title 14, Chapter 3 (CEQA Guidelines), Article 20, Section 15378)). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:

1. A Professional Services Agreement for on -call Traffic Engineering Services is awarded to Interwest Group for a term of two years with an annual fee not -to - exceed $300,000: and

2. the City Manager, or designee, is authorized to execute the Professional Services Agreement on behalf of the City; and

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria held this 21st day of February 2023.

Mayor
ATTEST:

Chief Deputy City Clerk
2 APPROVED AS
City Attorney

APPROVED AS TO CONTENT
DepartmenTDirector

Santa Maria City CouncilFebruary 21, 2023

Santa Maria City Council
February 21, 2023