Profess
ional Services Contract – KIMLEY-HORN AND ASSOCIATES – PROJECT NO. WT15022 (Updated 03/05/2024)
PROFESSIONAL SERVICES CONTRACT
(for non-federal projects)
THIS CONTRACT is entered into this day of 2026, between the CITY OF STOCKTON, a municipal corporation (“City”) , and KIMLEY-HORN AND ASSOCIATES, INC. address is 1661 E CAMELBACK ROAD SUITE 400 PHOENIX, AZ 85016 (“Consultant”)
for the KITS TRAFFIC CONTROL SYSTEM (PROJECT
NO.
WT15022), hereinafter referred to as "Project".
RE
CITALS
A. Consulta
nt represents that it is licensed in the State of California and is qualified to provide the services proposed in the SCOPE OF WORK section of this Contract.
B. City f
inds it necessary and advisable to use the services of the Consultant for the purposes provided in this Contract.
NOW THERE
FORE, in consideration of the mutual promises, covenants, and conditions in this Contract, City and Consultant agree as follows:
1. SCOPE OF
SERVICES. Subject to the terms and conditions set forth in this Contract, Consultant shall undertake and complete the services described in Exhibit A. Consultant shall provide said services at the time, place, and in the manner specified in Exhibit A and compatible with the standards of the profession. Consultant agrees that it shall produce a fully complete project that is acceptable to the City.
2. COMPENS
ATION. City shall pay Consultant for services outlined in Exhibit A according to the fee not to exceed the schedule detailed in Exhibit B, which is attached to this Contract and incorporated by this reference. Consultant agrees this fee is for full remuneration for performing all services and furnishing all staffing and materials called for in the scope of services. The payments shall be made on a monthly basis upon receipt and approval of Consultant’s invoice. Total compensation for services and reimbursement for costs shall not exceed $250,000 or as otherwise mutually agreed to in a Contract Amendment.
3. INSURANCE. Dur
ing the term of this Contract, Consultant shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the atta ched Exhibit D and shall otherwise comply with the other provisions of Exhibit D.
4. INDEMNIT
Y AND HOLD HARMLESS. Pursuant to the full language of California Civil Code §2782, design Professional agrees to indemnify, including the cost to defend, City of Stockton and its officers, officials, employees, and volunteers from and against any and all claims, demands, costs, or liability that arise out of, or pertain to, or
ATTACHMENT A
Profes
sional Services Contract – KIMLEY-HORN AND ASSOCIATES – PROJECT NO. WT15022 (Updated 03/05/2024)
relate t
o the negligence, recklessness, or willful misconduct of Design Professional and its employees or agents in the performance of services under this contract, but this indemnity does not apply to liability for damages arising from the sole negligence , active negligence, or willful acts of the City of Stockton; and does not apply to any passive negligence of the City of Stockton unless caused at least in part by the Design Professional. The City of Stockton agrees that in no event shall the cost to defend charged to the Design Professional exceed that professional’s proportionate percentage of fault.
This duty to indemnify shall not be waived or modified by contractual agreement or acts of the parties.
5. SCHEDULE AND T
ERM. Consultant shall perform the scope of work as
described in Exhibit A according to the schedule detailed in Exhibit C, which is attached to this Contract and incorporated by this reference. This Contract shall commence on the date written above and shall expire on JUNE 30, 2030, unless extended by mutual agreement through the issuance of a Contract Amendment.
A. Invoic
es submitted by Consultant to City must contain a brief description of work performed, time used, and include the City project number. Payment shall be made within thirty (30) days of approval of invoice by City.
B. Upon com
pletion of work and acceptance by City, Consultant shall have sixty (60) days in which to submit final invoicing for payment. An extension may be granted by City upon receiving a written request thirty (30) days in advance of said time limitation. City shall have no obligation or liability to pay any invoice for work performed which Consultant fails or neglects to submit within sixty (60) days, or any extension thereof granted by the City, after work is accepted by City.
6. CONFORM
ANCE TO APPLICABLE LAWS. Consultant shall comply with
all applicable federal, State, and Municipal laws, rules, and ordinances. Consultant shall not discriminate in the employment of persons or in the provision of services under this Contract on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person.
A. TITLE V
I
Titl
e VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.” (42 USC Section 2000d).
https://www.dol.gov/agencies/oasam/regulatory/statutes/title-vi-civil-rights- act-of-1964
The Cit
y of Stockton requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source.
ATTACHMENT A
Prof
essional Services Contract – KIMLEY-HORN AND ASSOCIATES – PROJECT NO. WT15022 (Updated 03/05/2024)
B. DISCRI
MINATION AND HARASSMENT POLICY
The Ci
ty of Stockton has a Discrimination and Harassment Policy (Exhibit E). The purpose of this policy is to reaffirm the C ity’s commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace, to define the types of behavior and conduct prohibited by this policy, and to set forth a procedure for reporting, investigating, and resolving complaints of discrimination and harassment in the workplace.
C. LABOR
STANDARDS PROVISIONS/CALIFORNIA LABOR CODE
The bidd
er shall understand that conditions set forth in Chapter 1, Part 7, Division 2 of the California Labor Code shall be considered part of the contract agreement.
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode= LAB&division=2.&title=&part=7.&chapter=1.&article=2
D. PREVAIL
ING WAGE RATES
Consul
tant and any subcontractor shall pay each employee engaged in the trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relations of the State of California has determined the general prevailing rates of wages and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093 and similar purposes applicable to the work to be done. Consultant performing the work under this contract shall obtain a copy of the wage rate determination and shall distribute copies to each subcontractor. As the wage determination for each craft reflects an expiration date, it shall be the prime Consultant and each subcontractor 's responsibility to ensure that the prevailing wage rates of concern is current and paid to the employee.
i. The Consultant performing the work shall be responsible for obtaining a copy of the State wage rate determination. State wage rates may be obtained at
https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm
Consultant shall be responsible for posting said wage rates at a prominent location at the work site and shall maintain same in a good readable condition for the duration of the work.
ii. Should t
he Consultant choose to work on a Saturday, Sunday or on a holiday recognized by the Labor Unions, the Consultant shall
ATTACHMENT A
Prof
essional Services Contract – KIMLEY-HORN AND ASSOCIATES – PROJECT NO. WT15022 (Updated 03/05/2024)
reim
burse the C ity the actual cost of engineering, inspection, superintendence, and or other overhead expenses which are directly chargeable to the contract. Should such work be undertaken at the request of the C ity, reimbursement will not be required. To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, of the Labor Code of the State of California. To forfeit as a penalty to City the sum of TWENTY -FIVE AND NO/100 DOLLARS ($25.00) for each laborer, worker, or mechanic employed by CONTRACTOR, or by any subcontractor under Consultant, in the execution of this contract, for each calendar day during which any laborer, worker, or mechanic is required or permitted to work more than eight (8) hours and who is not paid the general prevailing rate of per diem wages for holiday and overtime work in violation of the provisions of Sections 1770 to 1781 of the Labor Code of the State of California. That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this contract. iii. PAY
ROLL RECORDS - The Consultant to whom the contract is
awarded shall e nsure that the prime and each subcontractor will, in accordance with Section 1776 of the Labor Code, maintain certified payroll records. A copy of said records shall be provided with each invoice to the Public Works Department, Attention: Contract Compliance Officer. It shall be the Consultant’s responsibility to obtain copies of the current prevailing wage rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to the DIR website as required by labor code.
iv. APPREN
TICESHIP STANDARDS - The Consultant shall comply with
the provisions established in Section 1777.5 of the Labor Code concerning the 1) certified approval by local joint apprenticeship committees for the employment and training of apprentices, and 2) contribution of funds to administer and conduct apprenticeship programs, if applicable to the job.
E. SANCT
IONS
Deliverables must conform with all applicable federal, state, and local laws.
Such conformity includes compliance with federal sanctions, and Contractor certifies that it has not and will not engage in prohibited transactions with sanctioned persons or entities.
7. RIGHT
S AND DUTIES OF CITY. City shall make available to Consultant all data and information in the possession of City which both parties deem necessary to complete the work, and City shall actively aid and assist Consultant in obtaining such information as may be deemed necessary from other agencies and individuals.
ATTACHMENT A
Prof
essional Services Contract – KIMLEY-HORN AND ASSOCIATES – PROJECT NO. WT15022 (Updated 03/05/2024)
8. OBLIGA
TIONS OF CONSULTANT. Throughout the term of this Contract, Consultant represents and warrants that it has or will have at the time this Con tract is executed, all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required for the Consultant to practice its professions, and Consultant shall, at its own cost and expense, keep in effect during the life of this Contract all such licenses, permits, qualifications, insurance, and approvals. Consultant shall meet with the Public Works Director or other personnel of City or third parties as necessary on all matters connected with the carrying out of Consultant’s services. Such meetings shall be held at the request of either party hereto. Consultant further warrants that it will follow the best current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding this project.
9. OWNE
RSHIP OF WORK. All reports, drawings, designs, plan review comments, work product, and all other documents completed or partially completed by Consultant in the performance of this Contract shall become and remain the property of the City. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Consultant agrees to execute any additional documents that may be necessary to evidence such assignment. All materials shall be delivered to the City upon completion or termination of the work under this Contract. If any materials are lost, damaged, or destroyed before final delivery to the City, the Consultant shall replace them at its own expense. Consultant shall keep materials confidential. Materials shall not be used for purposes other than performance of services under this Contract and shall not be disclosed to anyone not connected with these services unless the City expressly provides prior written consent.
10. CONTRACT
AMENDMENTS . City reserves the right to make such
alterations as may be deemed necessary or advisable and to require such extra work as may be required for the proper completion of the work contemplated by Consultant. Any such changes will be set forth in a Contract Amendment which will specify, in addition to the work done in connection with the change made, adjustment of contract time, if any, and the basis of compensation for such work. A Contract Amendment will not become effective until approved by the authorized City official.
11. TERM
INATION. The City may terminate this Contract at any time by mailing a notice in writing to Consultant. The Contract shall then be deemed terminated and no further work shall be performed by Consultant. If the Contract is so terminated, the Consultant shall be paid for that percentage of work actually completed at the time the notice of termination is received.
12. CONSUL
TANT STATUS. In performing the obligations set forth in this Contract, Consultant shall have the status of an independent contractor and Consul tant shall not be considered to be an employee of the City for any purpose. All persons working for or under the direction of Consultant are its agents and employees, and are not agents of the City. Subcontractors shall not be recognized as having any direct or contractual relationship with the City. The persons engaged in the work, including
ATTACHMENT A
Profes
sional Services Contract – KIMLEY-HORN AND ASSOCIATES – PROJECT NO. WT15022 (Updated 03/05/2024)
employees
of subcontractors and suppliers, will be considered employees of Consultant.
The Consultant shall be responsible for the work of subcontractors, which shall be subject to the provisions of this Contract. The Consultant is responsible to the City for the acts and omissions of its subcontractors and persons directly or indirectly employed by them.
A. If in t
he performance of this Contract any third persons are employed by Consultant, such persons shall be entirely and exclusively under the direction, supervision, and control of Consultant. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by Consultant.
i. It is
further understood and agreed that Consultant must issue W -2 forms or other forms as required by law for income and employment tax purposes for all of Consultant’s personnel.
ii. As an i
ndependent contractor, Consultant hereby indemnifies and holds City harmless from any and all claims that may be made against the City based upon any contention by any third party that employer - employee relationship exists by reason of this Contract.
13. ASSIG
NMENT. Consultant shall not assign, sublet, or transfer this Contract or any interest or obligation in the Contract without the prior written consent of the City, and then only upon such terms and conditions as City may set forth in writing. Consultant shall be solely responsible for reimbursing subcontractors.
14. HEADINGS
NOT CONTROLLING. Headings used in the Contract are for reference purposes only and shall not be considered in construing this Contract.
15. NOTICE
S. Any and all notices herein required shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed as follows:
To Consul
tant: Kimley-Horn To City: Public Works Director
1661 E Camelback Road City of Stockton
Suite 400 22 E. Weber Ave., Rm. 301
Phoenix, AZ 85016 Stockton, CA 95202
16. LICEN
SES, CERTIFICATIONS, AND PERMITS. Prior to the City’s
execution of this Contract and prior to the Consultant’s engaging in any operation or activity set forth in this Contract, Consultant shall obtain a City of Stockton business license, which must be kept in effect during the term of this Contract. Consultant covenants that it has obtained all certificates, licenses, permits and the like required to perform the services under this Contract.
17. RECORDS AND AUDI
TS. City reserves the right to periodically audit all
charges made by Consultant to City for services under this Contract. Upon request,
ATTACHMENT A
Prof
essional Services Contract – KIMLEY-HORN AND ASSOCIATES – PROJECT NO. WT15022 (Updated 03/05/2024)
Consul
tant agrees to furnish City, or a designated representative, with necessary information and assistance.
Consul
tant agrees that City or its delegate shall have the right to review, obtain, and copy all records pertaining to performance of the Contract. Consultant agrees to provide City or its delegate with any relevant information requested, and shall permit City or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purposes of determining compliance with this Contract. Consultant agrees to maintain such records for a period of three years from the date that final payment is made.
18. CONFI
DENTIALITY. Consultant shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City reports, information or conclusions.
19. CONFL
ICTS OF INTEREST. Consultant covenants that other than this Contract, Consultant has no financial interest with any official, employee, or other representative of the City. Consultant and its principals do not have any financial interest in real property, sources of income or investment that would be affected in any manner or degree by the performance of Consultant’s services under this Contract. If such an interest arises, Consultant will immediately notify City.
20. WAIV
ER. In the event either City or Consultant at any time waive any breach of this Contract by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Contract, whether of the same or of any other covenant, condition, or obligation.
21. GOV
ERNING LAW. California law shall govern any legal action pursuant to this Agreement with venue for all claims in the Superior Court of the County of San Joaquin, Stockton Branch or, where applicable, in the federal District Court of California, Eastern District, Sacramento Division.
22. NO PE
RSONAL LIABILITY. No official or employee of City shall be personally liable to Consultant in the event of any default or breach by City or for any amount due Consultant.
23. INTE
GRATION AND MODIFICATION. The response by Consultant to the Request for Proposals and the Request for Proposals on file with the City Clerk are hereby incorporated herein by reference to the extent that such documents do not differ from the provisions and terms of this Contract that shall supersede such response to Request for Proposals. This Contract represents the entire integrated agreement between Consultant and City, supersedes all prior negotiations, representations, or agreements, either written or oral, between the parties, and may be amended only by written instrument signed by Consultant and City. All exhibits and this contract are intended to be construed as a single document. Should any inconsistency occur between the specific terms of this Contract and the attached exhibits, the terms of this Contract will prevail.
ATTACHMENT A
Prof
essional Services Contract – KIMLEY-HORN AND ASSOCIATES – PROJECT NO. WT15022 (Updated 03/05/2024)
24. SEVERAB
ILITY. The provisions of this Contract are severable to the extent that should any of its provisions or terms be declared void in whole or in part by operation of law or agreement of the parties, the remainder of the provisions or terms not expressly declared void shall remain enforceable and in full effect.
25. THIRD P
ARTY RIGHTS. Nothing in this Contract shall be construed to give any rights or benefits to anyone other than City and Consultant.
26. AUTHORI
TY. The undersigned hereby represent and warrant that they are authorized by the parties to execute this Contract.
IN W
ITNESS WHEREOF: the parties have executed this Contract the day and year first hereinabove written.
CITY
OF STOCKTON KIMLEY-HORN AND ASSOCIATES INC.
By: B
y:
Si gnature JOHNNY FORD
CITY MANAGER
ATTES
T:
Prin t Name
BY:
KATHERINE ROLAND, CMC, CPMC Tit le:
CITY CLERK
APPROVED
AS TO FORM:
BY:
DEPUTY CITY ATTORNEY
ATTACHMENT A
Matthew Tinney
Software Integration Lead
PROFESSIONAL CREDENTIALS
• BS, Computer Systems
Engineering, Arizona State
University
Matthew is a Systems Engineer with experience
maintaining, developing, and integrating ITS. His
experience integrating systems spans statewide
systems to small-scale agency systems. He is
experienced in leading testing and integration efforts
for ITS devices. Components within systems include
Traffic Signal Controllers, DSS Logic, DMS, VSL
Signs, Detector Stations, Ramp Meters, CCTVs,
and more. He is experienced in developing system
and sub-system test plans, deployment plans,
acceptance test plans, troubleshooting equipment
and components, and support during integrations.
SPECIFIC RELEVANT EXPERIENCE
• KITS Smart Corridor, San Mateo County, CA —
Systems Analyst
• KITS Maintenance, Peoria, AZ — Project Manager
• KITS Central Route, Surprise, AZ — Software
Integration Lead
David Tai
Software Integration
PROFESSIONAL CREDENTIALS
• MS, Astronautical Engineering,
Massachusetts Institute of
Technology
• BS, Mechanical Engineering, University of
California, Berkeley
David has 17 years of experience in software
development, engineering programming and
simulation, traffic flow, pedestrian flow, and APM
simulation. Currently, David supports advanced
traffic engineering and analysis features of KITS
for Miami-Dade County, City of Windsor, and Los
Angeles County. He upgraded and converted the
original ALPS running on the DOS platform to
ALPS2000™ on the Microsoft Windows® operating
environment, incorporating new a design and
methodologies.
SPECIFIC RELEVANT EXPERIENCE
• KITS Interface Enhancements, Miami, FL —
Systems Engineer
• KITS Central Route, Surprise, AZ — Systems
Engineer
• KITS Smart Corridor, San Mateo County, CA —
Systems Engineer
Detailed Work Plan
Kimley-Horn will provide project management, technical support and maintenance services, and provide annual training for KITS by phone, email, and onsite support for a period of 5 years.
Detailed Work Plan
Project Management
Kimley-Horn will host a monthly meeting to coordinate efforts with the City, including tracking issues and service requests. Kimley-Horn will track individual action items that require additional coordination and follow up. The monthly agenda and action items will be tracked, and Kimley-Horn will provide an opportunity for City staff to provide input at the monthly meeting.
Special care will be given to ensure the City remains engaged and participates in the monthly meetings.
Kimley-Horn will coordinate site visits and in-person meetings at least twice per year. In-person meetings typically include coordination on the day of the monthly status call and include Kimley-Horn staff also making themselves available for hands-on training, technical troubleshooting, or other activities related to the ATMS deployment.
Training
Kimley-Horn will provide one formal training session per year for up to 2 hours in person or using Microsoft Teams. Kimley-Horn will develop the agenda for the training session in advance with input from the City.
Proposal for
KITS TRAFFIC CONTROL SYSTEM NO. WT15022
7 ATTACHMENT A
EXHIBIT A
Traction Live
The browser-based solution is hosted by Kimley-Horn,
for KITS device status information in a website and
mobile application including alerts and system status
from KITS.
Traction Priority
Next-generation signal priority and preemption
solution without added field infrastructure.
Traction Workflow
Manage your work items and tickets for your ITS
equipment in a browser-based module of Traction.
Kadence ASCT
The Kadence ASCT module analyzes detector data
and implements algorithms to tune traffic signal
parameters in real-time including cycle length, split
time, offset, phasing sequence, and time of day (TOD)
schedule. Kadence includes advanced analytical
displays such as intersection arrival on green and
phase utilization. Kadence allows you to adjust signal
parameters in real time in response to less predictable traffic patterns resulting in increased efficiency and
decreased travel times.
Examples of Experience
with Similar Type of Work
Kimley-Horn’s ATMS Experience and
Examples
Kimley-Horn has extensive experience providing
KITS and support services for public agencies
across the United States and Canada. Kimley-Horn
has provided support services for small, medium,
and large agencies including some of the largest
deployments in the country including Caltrans, VDOT,
TxDOT, Los Angeles County, Miami-Dade County,
City of Philadelphia, City of Austin, and the City of San Antonio.
KITS manages more than 25,000 traffic signals, 6,000
CCTV cameras, 1,000 DMS, and many other devices
in more than 50 locations across North America. The
projects listed in Figure 2 below, demonstrate our
relevant experience within the last 6 years, including
the deployment of VDOT with over 3,000 traffic
signals running D4 firmware.
Deployment
Year Agency Name Deployment
Date
Current
Status
Continuous
Years
Deployment
size Controller Firmware
2019 Norfolk, VA 06/20/19 Operational 5 350 signals D4
2019 Garland, TX 08/02/19 Operational 5 200 signals Maxtime 2019 Virginia DOT 10/22/19 Operational 5 3,000+ signals D4 2020 Lake County, IL 06/03/20 Operational 4 12 signals ASC3, Cobalt 2021 Belmont, CA 06/12/21 Operational 3 19 signals D4
2021 Castle Rock, CO and
Colorado DOT 06/14/21 Operational 3 14 signals MaxTime, ASC3, Cobalt 2021 Menlo Park, CA 08/06/21 Operational 3 75 signals D4, Caltrans TSCP 2022 Texas DOT 01/20/22 Operational 2 1,500+ signals SEPAC, Maxtime, Trafficware, ASC3 2022 Tempe, AZ 05/05/22 Operational 2 40 signals ASC3
2023 Portsmouth, VA 08/15/23 Operational 1 121 Signals ASC3 2023 Santa Clara, CA 09/21/23 Operational 1 164 Signals D4, Caltrans TSCP 2023 Peoria, AZ 09/27/23 Operational 1 144 Signals ASC3, EOS 2024 Stockton, CA 04/02/24 Operational 1 300 Signals D4 2024 Phoenix, AZ 07/01/24 Operational 1 500+ Signals ASC3, EOS 2024 Falls Church, VA 07/15/24 Operational 1 25 Signals D4 2025 Dickson, TN 03/15/25 Operational <1 50 Signals ASC3, Cobalt, EOS 2025 Buckeye, AZ 04/01/25 Operational <1 50 Signals ASC3, Cobalt, EOS 2025 ADOT 06/01/25 Under Contract 600+ Signals ASC3, EOS, MaxTime, Omni 2025 Irving, TX 05/01/25 Under Contract 214 Signals MaxTime 2025 Mill Valley, CA 07/01/25 Under Contract 10 Signals D4, TSCP Figure 2: Kimley-Horn’s recent deployment and support services for KITS Proposal for
KITS TRAFFIC CONTROL SYSTEM NO. WT15022
9 ATTACHMENT A
EXHIBIT A
Typically, formal training will coincide with the annual KITS upgrade and include new features and a
refresher on current topics. However, training can
also be tailored for new staff or to provide more in-
depth training on specific topics. Kimley-Horn will also provide ad hoc training over the phone and email as
needed.
Support Services
Kimley-Horn will monitor and track issues through
Kimley-Horn’s Microsoft DevOps ticketing system to
ensure accurate tracking and reporting.
Kimley-Horn will take special care to ensure the
system is always operational and provide a written
response to issues within 24 hours of an event. Within
the 24-hour timeline, Kimley-Horn will ensure that the
TCS is free of major issues that prevent City staff from performing their work. In the event an issue requires a software patch, Kimley-Horn will work to address the
software issue and push a software patch as soon as
possible.
With KITS, software patches are seamless and
require little to no effort by the City. Software patches that require a backend service update will be pushed
automatically following coordination with City staff at an appropriate time to update. Backend updates will
require no additional effort on the City’s part. In the event a user interface update is required, KITS will
notify users that a new version is available, and staff may elect to update their user interface immediately or on their own time.
Kimley-Horn will perform periodic checkups and tune-
ups at least once per month to check the performance
of the solution. We will correct operational issues
to ensure the solution conforms in all material
respects to the specifications, functions, descriptions, standards, and criteria set forth in the agreement.
Kimley-Horn will provide remote support and
maintenance for the operations of the KITS ATMS
software and resolve issues and bugs with the
software, integration-related issues with compliant
versions of D4 firmware, and necessary resolutions
for identified issues through software patching,
database changes, and supported third-party tools.
Typical support services include:
» System integrity check and monitoring
» Database performance checks and tuning monthly
» Remote support for operations and field
technicians via phone or email
» Remote diagnostics and support for KITS features
via phone or email
» One KITS upgrade per year
» Monthly call and issue tracking
The City will provide the following:
» Virtual Private Network (VPN) access to the KITS
ATMS server environment
Deliverable(s):
» VPN and phone support available from 8 am to 4
pm PST
» Software patches for KITS
» One KITS upgrade per year
» One formal training session per year
» Training agenda
» Updated online manual as part of the KITS upgrade
Optional Modules, Licenses, and
Services
Additional Kimley-Horn software modules and
components are available to the City and can be
added to the scope as needed. Additional options
include, but are not limited to:
KITS CCTV Module
The KITS CCTV module includes a fully integrated
viewer and pan-tilt-zoom (PTZ) interface in the KITS
ATMS solution. The KITS CCTV module supports
monitoring and control, PTZ, single view, quad
view, 3x3 view, and a list view of reports with status
information and camera details. The KITS CCTV
module leverages industry standards for viewing
digital video and PTZ and most commonly include
RTSP for streaming video and PelcoD for PTZ. A
sampling of cameras that have been integrated with
KITS include: Pelco, Cohu (Costar), WTI Sidewinder,
Coretec, Optelecom, Axis, Moxa, Iteris, Gridsmart, and
Autoscope.
Traction Travel
The browser-based solution is hosted by Kimley-
Horn, for crowd-sourced travel time information from
Google, Azure, and Waze. Data are available in
advanced reports to support signal retiming efforts or
general tracking of travel time performance.
Proposal for
KITS TRAFFIC CONTROL SYSTEM NO. WT15022
8 ATTACHMENT A
EXHIBIT A
Kimley-Horn City Project NO. WT15022
Revised Cost Proposal
kimley-horn.com 7740 N. 16th Street Suite 300, Phoenix, AZ 85020 602-371-4563 Cost Proposal
Payment for KITS warranty, maintenance and support scope of services shall be invoiced lump sum at the beginning of each annual maintenance period. The cost proposal for the support services are provided in Table 1.
Table 1 Maintenance and Support Cost Proposal
Solution Description Year 1 Year 2 Year 3 Year 4 Year 5 KITS ATMS Base KITS support and
maintenance including project
management, training, and one
upgrade per year
$30,000 $35,000 $38,000 $38,000 $38,000
Additional services and modules are available and have been provided in Table 2.
Table 2 Additional Optional Modules and Services
Module Description Price
KITS CCTV Module
1.1 Based module (one-time, non-expiring) $20,000
1.2 Integration services to integrate two (2) cameras $1,000
1.3 Annual maintenance and support $7,000 per year
KITS Timing Values Commands for D4
2.1 Vehicle and Pedestrian phase calls in the real-time Timing Values page $15,000 Traction Travel and Traction Live
3.1 Annual Subscription $24,000 per year
Traction Workflow (ITS inventory and asset management)
4.1 Annual Subscription $15,000 per year
4.2 Annual maintenance and support $10,000 per year
Traction Metrics and UDOT ATSPM
5.1 Based system installation and license (one-time, non-expiring) 75,000
5.2 Per signal configuration $500 per signal
ATTACHMENT A
EXHIBIT B
Kimley-Horn City Project NO. WT15022
Revised Cost Proposal
kimley-horn.com 7740 N. 16th Street Suite 300, Phoenix, AZ 85020 602-371-4563
5.3 Annual maintenance and support
$10,000 per year
Traction Priority (cloud-based priority and preemption)
6.1 Base system implementation for 50 traffic signals or less.
Includes:
- Project Management services (6 months)
- Integration with one GPS data source
- Support for one mode (TSP or EVP)
- System Architecture and Design
Scope and Fee
Dependent
6.2 Per signal license (one-time, non-expiring license) Only one license per signal is required to support all modes (EVP , TSP , FSP). Bulk pricing and discount are available starting with traffic signal counts above 100.
$3,000 per
signal
6.3 Integration and configuration of traffic signals ($500 per signal) $25,000
6.4 Annual hosting; up to 100 vehicles and 50 traffic signals $20,000 per year
6.5 Annual support; up to 100 vehicles and 50 traffic signals $25,000 per year Kadence Adaptive Signal Control Technology (ASCT)
7.1 License per signal (one-time, non-expiring) $3,000
7.2 Preliminary engineering for up to 50 signals $75,000
7.3 Configuration and tuning for up to 50 signals $75,000
7.4 Documentation and Training $30,000
7.5 Annual maintenance and support for 50 signals $15,000 KITS Laptop
8.1 Installation and integration of the stand-alone laptop version of KITS. This includes:
- Module license
- Support for Timing Values and controller upload/download with D4 - Onsite integration and test
- Documentation and training
$85,000
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Item Total
Years 1-5 Support $ 179,000.00
CCTV Add On Module (Purchase + 5 Years Support) $ 56,000.00 Feature Development (Timing Value Commands) $ 15,000.00 Total $ 250,000.00
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Insurance Requirements for Agreements Involving Information Technology (Maintenance & Support for KITS Traffic Control System, Project No. WT15022) Consulta
nt or Vendor shall procure and maintain for the duration of the contract insurance against claims for security breaches, system failures, injuries to persons, damages to software, or damages to property (including computer equipment) which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. Consultant shall procure and maintain for the duration of the contract insurance claims arising out of their services and including, but not limited to loss, damage, theft or other misuse of data, infringement of intellectual property, invasion of privacy and breach of data.
MINIMUM SCOPE
AND LIMIT OF INSURANCE
Coverag
e shall be at least as broad as:
1. Commer
cial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, 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.
2. Automo
bile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ C
ompensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Cyber Ins
urance, with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Consultant in this agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, 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, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses.
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Technology Professional Liability Errors & Omissions
Tech
nology Professional Liability Errors and Omissions Insurance appropriate to the Consultant’s profession and work hereunder, with limits not less than $2,000,000 per occurrence. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by the Consultant in this agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, 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, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses.
a. The Policy shall include, or be endorsed to include, property damage liability coverage for damage to, alteration of, loss of, or destruction of electronic data and/or information “property” of the Agency in the care, custody, or control of the Consultant.
If t
he Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City of Stockton requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Stockton.
Oth
er Insurance Provisions
The
insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City of Stockton, its officers, officials, employees, and volunteers are to be covered as insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. Coverage can be provided in the form of an endorsement to the Consultant’s insurance, at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used. For Vendors ISO Form CG 20 15 12 19 is acceptable. Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.
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Primary Coverage
For any claims related to this contract, the Consultant’s insurance coverage shall be primary and non-contributory, with coverage at least as broad as ISO CG 20 01 12 19 as respects the City of Stockton, its officers, officials, employees, and volunteers.
Any insurance or self-insurance maintained by the City of Stockton, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance, including any excess policies, and shall not contribute with it. This requirement shall also apply to any Excess policies. The City of Stockton does not accept endorsements limiting the Vendor’s insurance coverage to the sole negligence of the Named Insured.
Umbrella or Excess Policy
The Consultant may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. The policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying CGL insurance.
Notice of Cancellation
Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City of Stockton.
Waiver of Subrogation
Consultant hereby grants to City of Stockton a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City of Stockton by virtue of the payment of any loss under such insurance. Consultant 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 of Stockton has received a waiver of subrogation endorsement from the insurer.
Self -Insured Retentions
Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self- insured retention may be satisfied by either the named insured or City of Stockton.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A-:VII, unless otherwise acceptable to the City of Stockton.
Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:
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1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the contract of work .
3. 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 Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.
Verification of Coverage
Consultant shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All documents are to be received and approved by the City of Stockton before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City of Stockton is an additional insured on insurance required from subcontractors.
Special Risks or Circumstances
City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Certificate Holder Address
The address for mailing certificates, endorsements and notices shall be:
City of Stockton
Its Officers, Officials, Employees and Volunteers
425 N El Dorado Street
Stockton, CA 95202
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