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CITY OF SIMI VALLEY
MEMORANDUM
March 10, 2025
TO: City Council
FROM: Department of Public Works
SUBJECT: AWARD OF PROFESSIONAL SERVICES CONTRACT TO KIMLEY- HORN & ASSOCIATES, INC. , FOR A TRAFFIC SIGNAL CONDITION
ASSESSMENT AND FINAL R EPORT, APPROVE A SUPPLEMENTAL
BUDGET REQUEST, AND AUTHORIZE THE CITY MANAGER OR
DESIGNEE TO APPROVE ANY SUBSEQUENT CONTRACT
AMENDMENTS AND INCORPORATE FUTURE BUDGETED FUNDS TO
THE CONTRACT AMOUNT
STAFF RECOMMENDATION
It is recommended that the City Council:
1. Award a professional services contract for consulting services with Kimley-Horn and Associates, Inc. (Kimley-Horn) (page 5), in a form approved by the City Attorney, for preparation of a traffic signal condition assessment and final report for an amount not-to-exceed $174,800 for a term of one year from March 10, 2025, to March 9, 2026;
2. Approve a supplemental budget request of $174,800 in the General Fund (Fund 100) to the Public Works Engineering Professional Services account (1004080); and,
3. Authorize the City Manager , or her designee, to approve any subsequent contract amendments, in a form approved by the City Attorney, to incorporate future budgeted funds as approved by the City Council for the contract and to extend the contract for periods not exceeding 12 months per extension, provided that such extensions do not exceed two (2) additional terms, with the final extension ending on or before March 9, 2028, as desirable.
BACKGROUND AND OVERVIEW
The City owns and maintains 121 traffic signal locations across the city . Recently, the City has experienced an unusually high instances of traffic signals operating in "flashing red" conditions. While most flashing red operations last only a few hours or less, others have remained in that condition for several weeks. While some of the occurrences are the result of traffic accidents or Southern California Edison (SCE) power outages, others are due to aging traffic signal system s and equipment. Pursuant to a memo to Council boxes in October 2024, staff recommended a traffic signal condition assessment, whereby a consultant will review and document the condition of the City’s traffic signals and equipment, prepare an inventory, and provide a prioritized list of recommended traffic signal improvements to improve the reliability of operations.
AGENDA ITEM NO.
Consent (7)
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In accordance with Simi Valley Municipal Code (SVMC) section 2-9.301, the City Council is authorized to award professional services for $100,000 or more without the competitive process. The competitive process is not legally required for a professional service as it is based on qualifications. Staff recommends Kimley-Horn based on their demonstrated performance in developing the City’s Local Road Safety Plan, adopted in 2020, and their expertise in developing traffic signal conditions assessment and improvement programs for various jurisdictions, including:
• Cities of Garden Grove and Orange (Chapman Avenue) – 55 Traffic Signals • City of Rancho Cucamonga – 65 Traffic Signals
• City of Irvine (Barranca Parkway) – 66 Traffic Signals • City of Ventura – 135 Traffic Signals
• Orange County – 173 Traffic Signals
FINDINGS AND ALTERNATIVES
The construction of traffic signals in the city has occurred over many decades. While each traffic signal was designed for the state of the practice at the time of construction, equipment age can lead to failures, creating flashing red operation. Further, equipment that has become less robust or resistant to fluctuations in electrical service becomes prone to failure due to planned or unplanned outages, or public safety power shutoffs from SCE.
While the City’s traffic signal maintenance contract is suitable for repairing and placing signals back to normal operation, the scope of the maintenance contract does not include assessing the condition of the traffic signal equipment or maintaining a comprehensive inventory of equipment and potential failure points. The t raffic signal condition assessment will provide the City with a comprehensive review of the City’s traffic signal equipment, including:
• T ype of cabinet
• T raffic signal controller
• M alfunction monitor
• Communications equipment and functionality
• V ehicle detection equipment
• E mergency vehicle preemption equipment
• R ailroad preemption equipment
• Poles
• Signal heads
• P edestrian signal heads
• Luminaires and wattage
• P edestrian pushbuttons and functionality
• Signal-mounted signs
• V ideo detection equipment
• Conduits and wiring
The age, condition, and software version (as applicable) will be documented with photographs and compiled in a final report, which will include a prioritized list of recommended repairs or replacements.
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Public Works has insufficient funding for professional services to fund this traffic signal condition assessment. Therefore, staff requests approval of a supplement budget request in Fund 100 of $174,800 in the Public Works Engineering Professional Services account (1004080).
The following alternatives are available to the City Council:
1. Award a professional services contract for consulting services with Kimley -Horn & Associates, Inc. in a form approved by the City Attorney, for preparation of a traff ic signal condition assessment and final report for an amount not -to-exceed $174,800 for a term of one year from March 10, 2025, to March 9, 2026;
2. Approve a supplemental budget request of $174,800 in Fund 100 in the Public Works Engineering Professional Services account (1004080);
3. A uthorize the City Manager, or her designee, to approve any subsequent contract amendments, in a form approved by the City Attorney, to incorporate future budgeted funds as approved by the City Council for the contract, and to extend the contract for periods not exceeding 12 months per extension, provided that such extensions do not exceed two (2) additional terms, with the final extension ending on or before March 9, 2028;
4. Provide staff with other direction.
Staff recommends Alternatives No. 1 through 3.
SUGGESTED CITY COUNCIL MOTION
I move that the City Council award a professional services contract with Kimley-Horn and Associates, Inc., in a form approved by the City Attorney, for an amount not-to-exceed $174,800, from March 10, 2025 to March 9, 2026; approve a supplemental budget request of $174,800 in Fund 100 in Public Works Engineering Professional Services account (1004080); and authorize the City Manager, or her designee, to approve any subsequent contract amendments, in a form approved by the City Attorney, to incorporate future budgeted funds as approved by the City Council for the contract, and to extend the contract for periods not exceeding 12 months per extension, provided that such extensions do not exceed two (2) additional terms, with the final extension ending on or before March 9, 2028.
SUMMARY
The City owns and maintains 121 traffic signal locations . The City has experienced an unusually high number of traffic signals operating in "flashing red" conditions. While some of the occurrences are the result of traffic accidents or SCE power outages, others are simply due to aging traffic signal systems and eq uipment. It is therefore recommended that the City execute a contract with Kimley -Horn to conduct a traffic signal condition assessment to review and document the condition of the City’s traffic signals and equipment, prepare an inventory, and prepare a prioritized list of recommended traffic 3 TF2501.SR.MG
signal improvements to improve the reliability of operations in the amount not-to-exceed $174,800 from March 10, 2025, to March 9, 2026. In addition, staff is recommending the City Council to approve a supplemental budget request of $174,800 in Fund 100 in Public Works Engineering Professional Services account (1004080) and authorize the City Manager, or her designee, to approve any subsequent contract amendments, in a form approved by the City Attorney, to incorporate future budgeted funds as approved by the City Council for the contract, and to extend the contract for periods not exceeding 12 months per extension, provided that such extensions do not exceed two (2) additional terms, with the final extension ending on or before March 9, 2028.
____________________________________
Ronald K. Fuchiwaki
Public Works Director
Prepared by: Justin Link, Principal Engineer
INDEX Page
Contract .............................................................................................. 5 4
AGREEMENT NO. 3250088
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF SIMI VALLEY AND
KIMLEY-HORN AND ASSOCIATES, INC
FOR TRAFFIC SIGNAL CONDITION ASSESSMENT
THIS AGREEMENT is entered into this 10th day of March 2025, by and between the CITY OF SIMI VALLEY, a municipal corporation and general law city (“CITY”) and KIMLEY-HORN AND ASSOCIATES, INC. , a North Carolina Corporation (“CONSULTANT”).
1. CONSIDERATION.
A. As partial consideration, CONSULTANT agrees to perform the work listed in the SCOPE OF SERVICES, below;
B. As additional consideration, CONSULTANT and CITY agree to abide by the terms and conditions contained in this Agreement;
C. As additional consideration, CITY agrees to pay CONSULTANT a sum not to exceed one hundred seventy-four thousand eight hundred ($174,800) for CONSULTANT’s services. CITY may modify this amount as set forth below. Unless otherwise specified by written amendment to this Agreement, CITY will pay this sum as specified in the attached Exhibit “ A,” which is incorporated by reference.
2. SCOPE OF SERVICES.
A. CONSULTANT will perform services listed in the attached Exhibit “A,” which is incorporated by reference.
B. CONSULTANT will, in a professional manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculation, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by CITY, necessary or proper to perform and complete the work and provide the professional services required of CONSULTANT by this Agreement.
3. PERFORMANCE STANDARDS. While performing this Agreement, CONSULTANT will use the appropriate generally accepted professional standards of practice existing at the time of performance utilized by persons engaged in providing similar services. CITY will continuously monitor CONSULTANT’s services. CITY will notify CONSULTANT of any deficiencies and CONSULTANT will have fifteen (15) days after such notification to 5 City of Simi Valley
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cure any shortcomings to CITY’s satisfaction. Costs associated with curing the deficiencies will be borne by CONSULTANT.
4. PAYMENTS. For CITY to pay CONSULTANT as specified by this Agreement, CONSULTANT must submit a detailed invoice to CITY which lists the hours worked and hourly rates for each personnel category and reimbursable costs (all as set forth in Exhibit “A”) the tasks performed, the percentage of the task completed during the billing period, the cumulative percentage completed for each task, the total cost of that work during the preceding billing month and a cumulative cash flow curve showing projected and actual expenditures versus time to date.
5. NON-APPROPRIATION OF FUNDS. Payments due and payable to CONSULTANT for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of the CITY. In the event the CITY has not appropriated sufficient funds for payment of CONSULTANT services beyond the current fiscal year, this Agreement will cover only those costs incurred up to the conclusion of the current fiscal year.
6. ADDITIONAL WORK.
A. CITY’s City Manager (“Manager”) may determine, at the Manager’s sole discretion, that CONSULTANT must perform additional work (“Additional Work”) to complete the Scope of Work. If Additional Work is needed, the Manager will give written authorization to CONSULTANT to perform such Additional Work.
B. If CONSULTANT believes Additional Work is needed to complete the Scope of Work, CONSULTANT will provide the Manager with written notification that contains a specific description of the proposed Additional Work, reasons for such Additional Work, and a detailed proposal regarding cost.
C. Payments over $174,800 for Additional Work must be approved by CITY’s City Council, Manager or Department Head as provided in title 2, chapter 9 of CITY’s municipal code. All Additional Work will be subject to all other terms and provisions of this Agreement.
7. FAMILIARITY WITH WORK.
A. By executing this Agreement, CONSULTANT agrees that it has:
i. Carefully investigated and considered the scope of services to be performed;
ii. Carefully considered how the services should be performed; and 6 City of Simi Valley
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iii. Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement.
B. If services involve work upon any site, CONSULTANT agrees that CONSULTANT has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing the services hereunder. Should CONSULTANT discover any latent or unknown conditions that may materially affect the performance of the services, CONSULTANT will immediately inform CITY of such fact and will not proceed except at CONSULTANT’s own risk until written instructions are received from CITY.
8. TERM. The term of this Agreement will be from March 10, 2025 to March 9, 2026.
Unless otherwise determined by written amendment between the parties, this Agreement will terminate in the following instances:
A. Completion of the work specified in Exhibit “A”;
B. Termination as stated in Section 16.
9. TIME FOR PERFORMANCE.
A. CONSULTANT will not perform any work under this Agreement until:
i. CONSULTANT furnishes proof of insurance as required under Section 23 of this Agreement; and
ii. CITY gives CONSULTANT a written notice to proceed.
B. Should CONSULTANT begin work on any phase in advance of receiving written authorization to proceed, any such professional services are at CONSULTANT’s own risk.
10. TIME EXTENSIONS . Should CONSULTANT be delayed by causes beyond CONSULTANT’s control, CITY may grant a time extension for the completion of the contracted services. If delay occurs, CONSULTANT must notify the Manager within forty- eight hours (48 hours), in writing, of the cause and the extent of the delay and how such delay interferes with the Agreement’s schedule. The Manager will extend the completion time, when appropriate, for the completion of the contracted services.
11. CONSISTENCY. In interpreting this Agreement and resolving any ambiguities, the main body of this Agreement takes precedence over the attached Exhibits; this 7 City of Simi Valley
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Agreement supersedes any conflicting provisions. Any inconsistency between the Exhibits will be resolved in the order in which the Exhibits appear below:
Exhibit A: Proposal
12. CHANGES. CITY may order changes in the services within the general scope of this Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by CONSULTANT and CITY. The cost or credit to CITY resulting from changes in the services will be determined in accordance with written agreement between the parties.
13. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer Identification Number.
14. PERMITS AND LICENSES . CONSULTANT, at its sole expense, will obtain and maintain during the term of this Agreement, all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement.
15. WAIVER. CITY’s review or acceptance of, or payment for, work product prepared by CONSULTANT under this Agreement will not be construed to operate as a waiver of any rights CITY may have under this Agreement or of any cause of action arising from CONSULTANT’s performance. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character.
16. TERMINATION.
A. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause.
B. CONSULTANT may terminate this Agreement at any time with CITY’s mutual consent. Notice will be in writing at least thirty (30) days before the effective termination date.
C. Upon receiving a termination notice, CONSULTANT will immediately cease performance under this Agreement unless otherwise provided in the termination notice. Except as otherwise provided in the termination notice, any additional work performed by CONSULTANT after receiving a termination notice will be performed at CONSULTANT'’ own cost; CITY will not be obligated to compensate CONSULTANT for such work.
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D. Should termination occur, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by CONSULTANT will, at CITY’s option, become CITY’s property, and CONSULTANT will receive just and equitable compensation for any work satisfactorily completed up to the effective date of notice of termination, not to exceed the total costs under Section 1(C).
E. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated.
F. By executing this document, CONSULTANT waives any and all claims for damages that might otherwise arise from CITY’s termination under this Section.
17. OWNERSHIP OF DOCUMENTS; EXCEPTIONS; WARRANTY. Except as otherwise provided below, all documents, data, studies, drawings, maps, models, photographs and reports prepared by CONSULTANT (collectively, “Documents”) under this Agreement are CITY’s property. CONSULTANT may retain copies of such Documents as desired but will deliver all original materials to CITY upon CITY’s written notice. CITY agrees that use of CONSULTANT’s completed work product, for purposes other than identified in this Agreement, or use of incomplete work product, is at CITY’s own risk. CONSULTANT warrants that all Documents it drafts and completes pursuant to this Agreement constitutes original work. Specifically, CONSULTANT understands and agrees that use of artificial intelligence (AI) tools including, without limitation, ChatGPT, Microsoft’s Bing Chat, Google’s Bard, and Meta’s LLaMA (Large Language Model Meta AI), in the performance of this Agreement does not constitute an original work, i.e., submitting Documents generated by such AI tools to CITY and representing it as CONSULTANT’s original work constitutes a material breach of this Agreement, constitutes a false claim, and may also violate applicable intellectual property right laws including, without limitation, United States Copyright Law. Accordingly, and notwithstanding any other provision of this Agreement as to ownership, CITY specifically rejects ownership of such Documents. CONSULTANT is required to indemnify and defend CITY to the fullest extent allowed by applicable law should it violate this Section.
18. PUBLICATION OF DOCUMENTS. Except as necessary for performance of service under this Agreement, no copies, sketches, or graphs of materials, including graphic art work, prepared pursuant to this Agreement, will be released by CONSULTANT to any other person or public CITY without CITY’s prior written approval. All press releases, including graphic display information to be published in newspapers or magazines, will be approved and distributed solely by CITY, unless otherwise provided by written agreement between the parties.
19. INDEMNIFICATION.
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A. CONSULTANT agrees to the following:
i. Indemnification for Professional Services. CONSULTANT will save harmless and indemnify and at CITY’s request reimburse defense costs for CITY and all its officers, volunteers, employees and representatives from and against any and all suits, actions, or claims, of any character whatever, brought for, or on account of, any injuries or damages sustained by any person or property resulting or arising from any negligent or wrongful act, error or omission by CONSULTANT or any of CONSULTANT’s officers, agents,
employees, or representatives, in the performance of this Agreement, except for such loss or damage arising from CITY’s sole negligence or willful misconduct.
ii. Indemnification for other Damages. CONSULTANT indemnifies and holds CITY harmless from and against any claim, action, damages, costs (including, without limitation, attorney’s fees), injuries, or liability, arising out of this Agreement, or its performance, except for such loss or damage arising from CITY’s sole negligence or willful misconduct. Should CITY be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, CONSULTANT will defend CITY (at CITY’s request and with counsel satisfactory to CITY) and will indemnify CIT Y for any judgment rendered against it or any sums paid out in settlement or otherwise.
B. For purposes of this section “CITY” includes CITY’s officers, officials, employees, agents, representatives, and certified volunteers.
C. It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement.
D. The requirements as to the types and limits of insurance coverage to be maintained by CONSULTANT as required by Section 23, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONSULTANT pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification.
20. ASSIGNABILITY. This Agreement is for CONSULTANT’s professional services.
CONSULTANT’s attempts to assign the benefits or burdens of this Agreement without CITY’s written approval are prohibited and will be null and void.
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21. INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that CONSULTANT will act as an independent contractor and will have control of all work and the manner in which is it performed. CONSULTANT will be free to contract for similar service to be performed for other employers while under contract with CITY.
CONSULTANT is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees.
Any provision in this Agreement that may appear to give CITY the right to direct CONSULTANT as to the details of doing the work or to exercise a measure of control over the work means that CONSULTANT will follow the direction of the CITY as to end results of the work only.
22. AUDIT OF RECORDS. CONSULTANT will maintain full and accurate records with respect to all services and matters covered under this Agreement. CITY will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. CONSULTANT will retain such financial and program service records for at least three (3) years after termination or final payment under this Agreement.
23. INSURANCE.
A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONSULTANT will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below:
Type of Insurance Limits
C ommercial general liability: $2,000,000
Professional Liability $1,000,000
Business automobile liability $1,000,000
Workers compensation Statutory requirement
B. Commercial general liability insurance will meet or exceed the requirements of the most recent ISO-CGL Form. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name CITY, its officials, and employees as “additional insureds” under said insurance coverage and to state that such insurance will be deemed “primary” such that any other insurance that may be carried by CITY will be excess thereto. Such endorsement must be reflected on 11 City of Simi Valley
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ISO Form No. CG 20 10 11 85 or 88, or equivalent. Such insurance will be on an “occurrence,” not a “claims made,” basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to CITY.
C. Professional liability coverage will be on an “occurrence basis” if such coverage is available, or on a “claims made” basis if not available. When coverage is provided on a “claims made basis,” CONSULTANT will continue to renew the insurance for a period of three (3) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONSULTANT for all claims made by CITY arising out o f any errors or omissions of CONSULTANT, or its officers, employees or agents during the time this Agreement was in effect.
D. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto).
E. CONSULTANT will furnish to CITY duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement and such other evidence of insurance or copies of policies as may be reasonably required by CITY from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of “A:VII.”
F. Should CONSULTANT, for any reason, fail to obtain and maintain the insurance required by this Agreement, CITY may obtain such coverage at CONSULTANT’s expense and deduct the cost of such insurance from payments due to CONSULTANT under this Agreement or ter minate pursuant to Section 16.
G. Self-Insured Retention/Deductibles. All policies required by this Agreement must allow CITY, as additional insured, to satisfy the self -insured retention (“SIR”) and deductible of the policy in lieu of CONSULTANT (as the named insured) should CONSULTANT fail to pay the SIR or deductible requirements. The amount of the SIR or deductible is subject to the approval of the City Attorney and the Risk Manager. CONSULTANT understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by CONSULTANT as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should CITY pay the SIR or deductible on CITY’s behalf upon the CONSULTANT’S failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, CITY may include such amounts as damages in any action against 12 City of Simi Valley
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CONSULTANT for breach of this Agreement in addition to any other damages incurred by CITY due to the breach.
24. USE OF SUBCONTRACTORS . CONSULTANT must obtain CITY’s prior written approval to use any consultants while performing any portion of this Agreement. Such approval must approve of the proposed consultant and the terms of compensation.
25. INCIDENTAL TASKS. CONSULTANT will meet with CITY monthly to provide the status on the project, which will include a schedule update and a short narrative description of progress during the past month for each major task, a description of the work remaining and a description of the work to be done before the next schedule update.
26. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows:
If to CONSULTANT:
If to CITY:
Attention: Sri Chakravarthy Attention: Ronald K. Fuchiwaki Kimley-Horn and Associates, Inc. City of Simi Valley
25152 Springfield Ct. Suite 200 2929 Tapo Canyon Road
Santa Clarita, CA 91355 Simi Valley, CA 93063
(213) 261-4037 Staff Contract: Justin Link
[email protected] (805) 583-6884
[email protected]
Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph.
27. CONFLICT OF INTEREST . CONSULTANT will comply with all conflict of interest laws and regulations including, without limitation, CITY’s conflict of interest regulations.
28. SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor retained any company or person, other than CONSULTANT’s bona fide employee, to solicit or secure this Agreement. Further, CONSULTANT warrants that it has not paid nor has it agreed to pay any company or person, other than CONSULTANT’s bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should CONSULTANT breach or violate this warranty, CITY may rescind this Agreement without liability.
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29. THIRD PARTY BENEFICIARIES . This Agreement and every provision herein is generally for the exclusive benefit of CONSULTANT and CITY and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of CONSULTANT’s or CITY’s obligations under this Agreement.
30. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Ventura County.
31. COMPLIANCE WITH LAW. CONSULTANT agrees to comply with all federal, state, and local laws applicable to this Agreement.
32. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written. There is one (1) Attachment to this Agreement. This Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns.
33. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party.
34. SEVERABILITY. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect.
35. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment. CITY’s M anager, or designee, may execute any such amendment on behalf of CITY.
36. ELECTRONIC SIGNATURES. This Agreement may be executed by the Parties on any number of separate counterparts, and all such counterparts so executed constitute one Agreement binding on all the Parties notwithstanding that all the Parties are not signatories to the same counterpart. In accordance with Government Code §16.5, the Parties agree that this Agreement, Agreements ancillary to this Agreement , and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by electronic transmission. Such electronic signature will be treated in all respects as having the same effect as an original signature.
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37. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement.
38. TIME IS OF ESSENCE. Time is of the essence for each and every provision of this Agreement.
39. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood, explosion, acts of terrorism, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties’ reasonable control, then the Agreement will immediately terminate without obligation of either party to the other.
40. STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY. CONSULTANT represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private consultants, and experience in dealing with public agencies all suggest that CONSULTANT is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public CITY.
[SIGNATURES ON NEXT PAGE]
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IN WITNESS WHEREOF , the parties hereto have executed this Agreement the day and year first hereinabove written.
Attest: City of Simi Valley, A Municipal Corporation
By:
Lucy Blanco, City Clerk Dee Dee Cavanaugh, Mayor of the City of Simi Valley, California
Approved as to Form: Kimley-Horn and Associates, Inc.
By:
Algeria R. Ford, City Attorney
Print Name: Sri Chakravarthy
Approved as to Content: Title: Senior Vice President
By:
Samantha C. Argabrite, City Manager
Print Name: Sowmya Chandrasekhar
Title: Assistant Secretary
Johanna Medrano,
Deputy Administrative Services Director/
Budget & Purchasing
Ronald K. Fuchiwaki
Public Works Director
16 kimley-horn.com 25152 Springfield Ct. Suite 200, Santa Clarita, CA 91355 661 347 5627 January 15, 2025
Justin Link, PE, TE
Principal Engineer / City Traffic Engineer
Department of Public Works
2929 Tapo Canyon Road
Simi Valley, CA 93063
RE: Letter Proposal for Traffic Signal Conditions Assessment (PW 24-15) Dear Justin,
On behalf of Kimley-Horn, I appreciate the opportunity to provide engineering services for the Traffic Signal Condition Assessment project in the City of Simi Valley. We understand that the City would like to complete a field inventory and condition assessment of all traffic signal equipment at 121 intersections.
Our scope of services, schedule, and fee are included below.
Scope of Services
The scope of services provided in the City’s scope of work statement is very detailed. We have included the City’s scope below and noted additional clarifications.
Scope of Work:
1. Project Administration
a. Attend monthly coordination meetings (remote), including kick-off meeting. We have assumed a 5-month schedule.
Deliverables: Meeting minutes; Up to five (5) meetings
b. Prepare and submit timely invoices.
Deliverables: Monthly invoices
2. Existing Conditions Analysis
a. Review existing record drawings for each of the City’s 121 traffic signals. Verify equipment in the field. City to provide available record drawings.
Deliverables: None
b. Create an inventory of traffic signal equipment at each of the City’s 121 traffic signals.
Equipment includes:
EXHIBIT A
17 PW 24-15 Traffic Signal Conditions Assessment Proposal 2 Cabinet
I. Type of cabinet;
II. Traffic signal controller model and firmware version; III. Power supply, manufacturer, and model number;
IV. Malfunction monitor, manufacturer, and model number; V. Number of BIUs;
VI. Interconnect presence, number of pairs, and functionality; VII. Fiber optic connection, number of pairs, and functionality; VIII. Switch presence, manufacturer, and model number;
IX. Vehicle detection equipment presence, manufacturer, model, and firmware version; X. Emergency vehicle preemption presence;
XI. Railroad preemption presence;
XII. Battery back-up, manufacturer, and model number; and XIII. Other cabinet equipment as observed at each location.
Where available, the manufacture date or estimated age of the foregoing will be ascertained and documented.
Signals (by quadrant):
I. Pole type
II. Number, type, and mounting of signal head;
III. Number, type, and mounting of pedestrian signal head; IV. Presence of luminaire and wattage;
V. Presence of pedestrian pushbutton and functionality; VI. Number, type, and description of signal-mounted signs, including blank-out signs; and VII. Presence of video detection equipment, manufacturer, and mounting location.
The condition of all cabinet and signal equipment above will be assessed and documented, both in description and photography. In addition, all underground equipment including pull boxes, conduits, and wiring will be field assessed, with type condition thereof further noted both in description and photography.
Deliverables: Intersection data sheets prepared to outline the condition of the signal equipment in the style of Consultant’s choosing
c. Download traffic signal timing information from each traffic signal controller, including master controllers.
Deliverables: Traffic signal timing sheets
18 PW 24-15 Traffic Signal Conditions Assessment Proposal 3 3. Report
a. We will prepare a report summarizing the equipment inventory for each of the City’s 121 traffic signals, the condition of the traffic signal equipment (i.e., excellent, serviceable, replacement required), and a prioritized list of traffic signal equipment upgrades or replacements.
Deliverables: 90%, 100%, and Final Report in PDF and Microsoft Word format Project Schedule
We will complete the scope of services as expediently as possible based on a mutually agreeable schedule.
Additional Services
Efforts not included in the scope of services in this proposal shall be considered additional services.
Kimley-Horn will complete additional services only upon written authorization from the Citypending mutual agreement between the City and Kimley-Horn regarding scope, cost, and schedule. Additional services could include additional survey, signal timing, concept plans, additional locations, addressing more rounds of comments, additional meetings or conference calls with City staff, and/or other efforts not in the scope of services.
Fee and Billing
Kimley-Horn will perform the services in Tasks 1 - 3 for the total lump sum labor fee of $174,800 as shown below. Individual task amounts are informational only.
TASK NO. TASK DESCRIPTION FEE
1 Project Administration $13,900
1a Meetings and Coordination $3,400
1b Project Management/Invoicing $10,500
2 Existing Conditions Analysis $136,500
2a Review Drawings and Field Work $98,500
2b Create Traffic Signal Inventory $23,500
2c Document Traffic Signal Timing $14,500
3 Report $24,400
TOTAL LUMP SUM FEE $174,800
Lump sum labor fees will be invoiced monthly based on the overall percentage of services performed.
Payment will be due within 30 days of your receipt of the invoice. 19 PW 24-15 Traffic Signal Conditions Assessment Proposal 4 Closure
We appreciate the opportunity to provide these services to you. Please contact me if you have any questions.
Very truly yours,
KIMLEY-HORN AND ASSOCIATES, INC.
Sri Chakravarthy, P.E., T.E
Senior Vice President
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