CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF SUNNYVALE AND KIMLEY-HORN AND ASSOCIATES, INC. FOR PEDESTRIAN AND BICYCLE
INSTALLATION ON TASMAN DRIVE FROM FAIR OAKS AVENUE TO LAWRENCE
EXPRESSWAY
THIS AGREEMENT, dated ________________________, is by and between the CITY OF SUNNYVALE ("CITY"), a California chartered municipal corporation , an d KIMLEY-HORN AND ASSOCIATES, INC. (“CONSULTANT").
WHEREAS, CITY is in need of Consultant services for a project known as Pedestrian and Bicycle Facility Installation on Tasman Drive from Fair Oaks Avenue to Lawrence Expressway; and
WHEREAS, CITY advertised a Request for Proposals (RFP) on November 18, 2022, for Pedestrian and Bicycle Facility Installation on Tasman Drive from Fair Oaks Avenue to Lawrence Expressway (F23-023); and
WHEREAS, CONSULTANT submitted a proposal on December 16, 2022; and WHEREAS, CITY accepted CONSULTANT’s proposal submitted on February 1, 2023; and
WHEREAS, i n reliance upon CONSULTANT’s representations regarding its qualifications, CITY finds that CONSULTANT possesses the skill and expertise to provide the required services;
NOW, THEREFORE, THE PARTIES ENTER INTO THIS AGREEMENT.
1. S ervices by CONSULTANT
CONSULTA
NT shall provide services in accordance with Exhibit "A" entitled “Scope of Work”. All exhibits, including all associated attachments, are attached hereto and incorporated herein by reference. CONSULTANT shall determine the method, details and means of performing the services.
2. T ime for Performance
The Project Schedule is set forth in the attached Exhibit “A-1.” The term of this Agreement
shall be from the date of execution through project completion unless otherwise terminated in accordance with Section 17 below.
3. Duties of CITY
CITY sha
ll supply to CONSULTANT any documents or information available to CITY and required by CONSULTANT for performance of the services. Any materials provided shall be returned to CITY upon completion of the work.
4. C ompensation
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CITY agrees to pay CONSULTANT as full compensation for the services rendered pursuant to this Agreement, the amounts set forth in Exhibit “B” . Total compensation shall not exceed Two Hundred Forty Eight Thousand Three Hundred Forty Six and 00/100 Dollars ($248,346.00).
CONSULTANT shall submit invoices to CITY no more frequently than monthly for services provided to date. All invoices, including detailed backup, shall be sent to City of Sunnyvale, attention Accounts Payable, P.O. Box 3707, Sunnyvale, CA 94088 -3707 or [email protected]. Payment shall be made within thirty (30) days upon receipt of an accurate, itemized invoice by CITY’s Accounts Payable Unit.
5. Wage Rates
CONSU
LTANT shall comply with the City’s the minimum wage set forth in Section
3.80.040 of the Sunnyvale Municipal Code.
6. O wnership of Documents
CITY shal
l have full and complete access to CONSULTANT's working papers, drawings and other documents during progress of the work. All documents of any description prepared by CONSULTANT shall become the property of the CITY at the completion of the project and upon payment in full to the CONSULTANT. CONSULTANT may retain a copy of all materials produced pursuant to this Agreement.
7. C
onflict of Interest
CONSULTANT shall avoid all conflicts of interest, or appearance of conflict, in perform
ing the services and agrees to immediately notify CITY of any facts that may give rise to a conflict of interest. CONSULTANT is aware of the prohibition that no officer of CITY shall have any interest, direct or indirect, in this Agreement or in the proceeds thereof. During the term of this Agreement, CONSULTANT shall not accept employment or an obligation which is inconsistent or incompatible with CONSULTANT’S obligations under this Agreement.
Pursuant to CITY’s Conflict of Interest Code, Counci l Policy 7.3.7, CITY has determined that, depending on the position, certain individuals performing services under this Agreement may be required to file a Statement of Economic Interest (Form 700), which can be found at www.fppc.ca.gov. If applicable, t o facilitate electronic submittal of Form 700, CONSULTANT shall send the following information to [email protected]: 1) first and last name(s) of CONSULTANT’s employee(s); 2) email address(es) of CONSULTANT’s employee(s); 3) date when CONSULTANT’s employee(s) will begin work under this contract; and 4) (if known) d ate when CONSULTANT’s employee(s) will cease work under this contract.
G
overn
ment Code Section 91013 provides that any person who files a statement after its deadline shall be liable in the amount of $10 per day, up to a maximum of $100, in addition to any administrative penalty (up to the statutory maximum, currently $5,000) imposed by the Fair Political Practices Commission (FPPC). If any of CONSULTANT ’s employee(s) is required to submit Form 700, and CITY does not receive CONSULTANT’s Attachment 1
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Form 700, then CITY is required to refer this matter to the FPPC or other appropriate enforcement agency.
8. C onf
idential Information
CONS
ULTANT shall maintain in confidence and at no time use, except to the extent required to perform its obligations hereunder, any and all proprietary or confidential information of CITY of which CONSULTANT may become aware in the performance of its services.
9. C
omp
liance with Laws
A. CON
SULTANT shall not discriminate against, or engage in the harassment of, any City employee or volunteer or any employee of CONSULTANT or applicant for employment because of an individual’s race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, veteran or military status, or any other protected characteristic in violation of federal or state law. This prohibition shall apply to all of CONSULTANT’s employment practices and to all of CONSULTANT’s activities as a provider of services to the City.
B. C
ONS
ULTANT shall comply with all federal, state a nd city laws, statutes, ordinances, rules and regulations and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of the Agreement.
10. Independent Contractor
CONS
ULTANT is acting as an independent contractor in furnishing the services or materials and performing the work required by this Agreement and is not an agent, servant or employee of CITY. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between CITY and CONSULTANT. CONSULTANT is responsible for paying all required state and federal taxes.
11. Hold Harmless/Indemnification
CONSULT
ANT shall indemnify, defend and hold harm less CITY, its officers and employees from any and all claims, demands, actions, causes of action, losses, damages, liabilities, known or unknown, and all costs and expenses, including reasonable attorneys’ fees in connection with any injury or damage to persons or property to the extent arising out of any negligence, recklessness or willful misconduct of CONSULTANT, its officers, employees, agents, contractor, subcontractors or any officer, agent or employee thereof in relation to CONSULTANT’s performance under this Agreement.
However, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the CONSULTANT shall meet and confer with other parties regarding unpaid defense costs. Such defense and Attachment 1
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indemnification shall not apply in any instance of and to the extent caused by the sole negligence or willful misconduct of CITY, its officers, employees, agents or representatives.
12. Insurance
The Cit
y requires that all CONSULTANT shall maintain insurance requirements on the Pacific Insurance Network System (PINS). CONSULTANT shall take out and maintain during the life of this Agreement policies of insurance as specified in Exhibit "C" attached and incorporated by reference, and shall provide all certificates or endorsements as specified in Exhibit "C " through PINS for approval by the City Risk Manager prior to CONSULTANT (or subcontractor) commencing any work under this Agreement.
13. CITY Repre
sentative
Thinh Le, Transportation Engineer, as the City Manager's authorized representative, shall represent CITY in all matters pertaining to the services to be rendered under this Agreement (“CITY representative”). All requirements of CITY pertaining to the services and materials to be rendered under this Agreement shall be coordinated through
the CITY representative.
14. CONSULTANT Representative
Adam Dankberg, Pr oject Manager shall represent CONSULTANT in all matters pertaining to the services and materials to be rendered under this Agreement (“CONSULTANT representative”). All requirements of CONSULTANT pertaining to the services or materials to be rendered under this Agreement shall be coordinated through the CONSULTANT representative.
15. Notices
All n
otices required by this Agreement, other than invoices for payment which shall be sent directly to Accounts Payable, shall be in writing, and sent by first class with postage prepaid, or sent by commercial courier, to address below.
Nothing in this provision shall be construed to prohibit communication by more expedient means, such as by email, to accomplish timely communication. Each party may change the address by written notice in accordance with this paragraph. Notices delivered personally shall be deemed communicated as of actual receipt; mailed notices shall be deemed communicated as of three business days after mailing.
To CITY: Dennis Ng, Transportation & Traffic Manager
Department Of Public Works
CITY OF SUNNYVALE
P. O. Box 3707
Sunnyvale, CA 94088-3707
To CONSULTANT: A
dam D ankberg, Project Manager
Kinley-Horn and Associates Inc.
10 S. Almaden Blvd; Suite 1250
San Jose, CA 95113
Attachment 1
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16. A
ssignment
Neit
her party shall assign or sublet any portion of this Agreement without the prior written consent of the other party.
17. Termination
A. If
CONSULTANT defaults in the performance of this Agreement, or materially breaches any of its provisions, CITY at its option may terminate this Agreement by giving written notice to CONSULTANT. In the event of such termination, CONSULTANT shall be compensated in proportion to the percentage of satisfactory services performed or materials furnished (in relation to the total which would have been performed or furnished) through the date of receipt of notification from CITY to terminate. CONSULTANT shall present CITY with any work product completed at that point in time.
B. W
it
hout limitation to such rights or remedies as CITY shall otherwise have by law, CITY also shall have the right to terminate this Agreement for any reason upon ten (10) days' written notice to CONSULTANT. In the event of such termination, CONSULTANT shall be compensated in proportion to the percentage of services performed or materials furnished (in relation to the total which would have been performed or furnished) through the date of receipt of notification from CITY to terminate. CONSULTANT shall present CITY with any work product completed at that point in time.
C. If C
IT
Y fails to pay CONSULTANT, CONSULTANT at its option may terminate this Agreement if the failure is not remedied by CITY within (30) days after written notification of failure to pay.
18. Entire Agreement; Amendment
Thi
s writing constitutes the entire agreement between the parties relating to the services to be performed or materials to be furnished hereunder. No modification of this Agreement shall be effective unless and until such modification is evidenced in writing as an amendment to this Agreement signed by all parties . If the amendment is signed electronically, the digital signatures must comply with the requirements of California Government Code Section 16.5.
19. G
overning Law, Jurisdiction and Venue
This
Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law principles. Proper venue for legal actions will be exclusively vested in a state court in the County of Santa Clara. The parties agree that subject matter and personal jurisdiction are proper in state court in the County of Santa Clara, and waive all venue objections.
20. Miscellaneous
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Time shall be of the essence in this Agreement. Failure on the part of either party to en
force any provision of this Agreement shall not be construed as a waiver of the right to compel enforcement of such provision or any other provision.
IN WITNESS WHEREOF, the parties have executed this Agreement.
CITY OF SUNNYVALE ("CITY") KIMLEY-HORN AND ASSOCIATES, INC. ("
CONSULTANT")
By___________________________ By_______________________________ City Manager
________________________________
Name and Title
ATTEST:
By______________________________ By_____________________________ City Clerk
_______________________________
Name and Title
APPROVED AS TO FORM:
By
____________________________
City Attorney
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RFP F23-023 Pedestrian and Bicycle Installation on Tasman Drive Scope of Work
Task 1: Project Management
Kimley-Horn will hold project management meetings to collaborate with the City on ongoing project activities, data needs, deliverables, and upcoming project needs at key project milestones. It is anticipated that this will include nine virtual project coordination meetings.
Kimley-Horn will create a shared, online tracker to manage action items, track data needs and deliverables, and document decisions.
Kimley-Horn will participate in a kick-off meeting with the City to finalize project procedures and expectations and refine the project schedule. Kimley-Horn will prepare the meeting agenda and distribute meeting notes.
Kimley-Horn will prepare monthly invoices that identify staff, hours, and project progress. Additionally, Kimley-Horn will prepare and submit monthly reports to include updates on work status, accomplishments, progress, and budget.
City staff will be responsible for participating in project coordination meetings and reviewing meeting agendas/minutes.
Task 1 Deliverables:
• Progress reports
• Invoices
• Meeting Agendas/Minutes
• Shared Project Tracker
Task 2: Document and Project History Review
Kimley-Horn will coordinate with the City to identify relevant local, regional, or state plans, policies, and project documents that should be considered as part of this project. Listed below are documents/items that shall be examined:
• The current Land Use Transportation Element of the City’s General Plan and other City transportation or area planning documents applicable to the Tasman Corridor, as identified and provided by the City
• City of Sunnyvale Active Transportation Plan
• VTA Tasman Drive Complete Streets Corridor Study
• VTA Congestion Management Program
• City of Sunnyvale Vision Zero Plan
• City of Sunnyvale Roadway Safety Plan
This information will be briefly summarized in the Final Report in Task 8.
Task 2 Deliverables:
• Included in Task 8 Final Report
Attachment 1
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Exhibit A
Scope of Work
Task 3: Existing Conditions Field Survey
A topographic survey will be conducted within the project limits to verify the location of existing utilities and facilities and to identify existing right-of-way (ROW) lines. The survey will locate major topographic features, such as curbs, sidewalks, driveways, pathways, ramps, flatwork, poles, overhead utilities (including height of overhead wires), signs, lights, trees, striping, detector loops, walls, steps, grade breaks, utility boxes, utility markings (if present), rims and flowlines of storm drain and sanitary sewer manholes and cleanouts, and other above-ground utility facilities within the survey limits.
The control points will be established within the project limits for the field survey mapping based on control monuments and data available through the City’s website.
The project team will research County and City record maps (subdivision, parcel maps, records of survey, corner records, and ROW maps) for information about the ROW and property lines within the limits of the survey. LCC will perform field survey to locate necessary monumentation to establish the ROW lines along the project corridor. This ROW data will then be incorporated into the project base maps to inform project limits and identify ROW impacts.
Other key assumptions for the survey include:
• Terrestrial (Ground) LiDAR Data Collection - Th
e project team will use a terrestrial scanner over
two days to capture a high-density LiDAR derived-elevation model. • Pedestrian and bicycle improvements will take place in City ROW only, so that survey within VTA ligh
t rail operating right-of-way (between median curbs) and stations is not required nor included in this scope of work. We assume we will not be entering VTA ROW and therefore no permits or training related to working adjacent to the station or tracks will be required • For roadway segments between intersections, the survey will capture survey data for roadway cross-sections at 100-foot increments along the curb, to be used to supplement and check the LiDAR mapping
• Cross section data will be collected from face-of-wall to face-of-wall and will only capture roadway surface features up to median (assumed light rail right-of-way boundary) • Survey work will include opening and “dipping” sewer and storm drain structures in order to obtain invert elevations, and approximate pipe sizes and general directions will be noted • The surveyor will contract with a professional Traffic Control Firm (TCF) to provide traffic controls for manhole locations which are to be “dipped.” For each of the manholes located within the limits of work, Traffic Controls will be provided by the TCF while our survey crew takes measurements at the manholes. Controls will include the following:
o Encroachment permit application will be prepared and submitted to the City (assume no-fee permit)
o Lane closures
o Signage
o Flagman
o Truck with traffic diversion lighting
• Traffic Controls for manhole “dipping” are expected to take a minimum of 2 consecutive days, barring rain delays, to complete
Attachment 1
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T
he topographic survey will serve as the base map for the development of the conceptual design developed in Task 6. An exhibit of the topographic survey will be developed and provided as an appendix to the Project Report (see Task 8).
Task 3 Deliverables:
• Topographic Survey Base Map (in AutoCAD)
• Topographic Survey Exhibit (in .pdf format)
Task 4: Data Collection
To provide the most accurate representation of field conditions, Kimley-Horn will compile available existing data and new data collected in the field. The study area will extend on Tasman Drive between Fair Oaks Avenue and Lawrence Expressway. We will assemble the following data, assumed to be readily available from the City:
• Collision data for a 5-year period from Crossroads (provided by the City). Kimley-Horn coordinate with the City’s Project Manager to determine the availability of the most recent collision data and identify the appropriate study period. • Current traffic signal timing sheets
We will collect the following new data for the corridor, coordinating with the City on the optimal timing for the data collection:
• Three weekday AM (7-9 AM) and PM (4-6 PM) and two weekend afternoon (12-2 PM) peak period turning movement counts, including bicycles and pedestrians, at up to three intersections
• 7-day average daily traffic (ADT) counts at up to two locations, with speed and vehicle classification data
City staff will be responsible for confirming the data collection approach and providing Crossroads data and current signal timing sheets.
Task 4 Deliverables:
• Included in Task 5 Project Analysis Report
Task 5: Data Analysis
Task 5.1: Existing Baseline Traffic Analysis
Kimley-Horn will use the data collected in Task 4 to prepare a baseline traffic analysis of existing weekday AM and PM peak period traffic conditions that will form the basis for evaluating the design alternatives developed as part of this study. Kimley-Horn will discuss with the City any potential COVID- related adjustments that need to be made to the existing count data based on City-supplied historical traffic volumes, if available. As a base scope, we are proposing to conduct this analysis in Traffix. Existing baseline traffic conditions will reflect the current (Year 2023) conditions, which includes the eastbound lane closure on Tasman Drive.
The traffic analysis will include the following three study intersections:
1. Tasman Drive and Fair Oaks Avenue
2. Tasman Drive and Recreation Drive/Vienna Drive
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3. T
asman Drive and Lawrence Expressway
Measures of Effectiveness (MOEs) will be documented for comparison with existing (no-build) conditions and effects from the project. These are anticipated to include intersection delay and level of service, queuing, and travel time.
Optional Task A:
If this optional task is selected, a microsimulation analysis using the VISSIM software package would be prepared. If the City wishes to pursue this optional task, Kimley-Horn will model Tasman Drive between Fair Oaks Avenue and Lawrence Expressway, including rail, auto, pedestrian, and bicycle activities. The models will be calibrated to FHWA/Caltrans standards. The VISSIM model, if selected, would be utilized for Existing Baseline and With Project analyses. The analysis findings would be included in the Task 5 Project Analysis Technical Memorandum.
Optional Task B:
To understand traffic surges caused by large events that take place along the Corridor, Kimley-Horn will document circulation conditions within the study area before and after an event at Levi’s Stadium.
Kimley-Horn will conduct field observations of the Corridor on one weekend day before and after a major event at Levi’s Stadium, with a particular emphasis at the two LRT stations and traffic conditions at the three major intersections. Up to two staff, including one drone pilot with a drone, will perform the observations. Observations will only be performed within the project study area.
Kimley-Horn will document findings in the Project Analysis Report, including any specific solutions and recommendations to accommodate event activities. These observation periods will be used to identify choke points during surge traffic, understand how infrastructure gaps impact operations, and develop an understanding of the Corridor’s transportation demand in surge scenarios.
Task 5.2: Safety Analysis
Kimley-Horn will use the collision data collected in Task 4 to analyze existing safety conditions within the study area. This will include a specific analysis of pedestrian- and bicycle-involved collisions. This analysis will also use Motor Vehicle Mile analyses to understand and compare crash rates that are normalized by volume to typical local and statewide averages, allowing for a clearer safety picture and easier comparison between roadways.
Collision patterns will be assessed to identify any common causes to collisions and collision characteristics that could inform specific countermeasures to be included with the project.
Task 5.3 With Project Analysis
Kimley-Horn will conduct a With Project analysis, examining the traffic circulation effects of a lane conversion and other intersection improvements along Tasman Drive. One project build alternative will be analyzed using the Synchro model for existing year with project improvements. The analysis will also qualitatively consider the effects of project improvements on bicycle and pedestrian connectivity and overall safety. The analysis will occur after the development and review of initial cross-sections in Task
6.1. Attachment 1
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Task 5.4: Project Analysis Tech Memo
Upon completion of the tasks identified under Task 5, Kimley-Horn will summarize the efforts performed and the results obtained for the overall analysis in a Draft Project Analysis Technical Memorandum. One round of consolidated City comments will be incorporated into a Final Project Analysis Technical Memorandum. Kimley-Horn will meet with the City during this period to review project results and obtain City input.
City staff will be responsible for reviewing project analysis findings.
Task 5 Deliverables:
• Project Analysis Technical Memorandum, Draft and Final Task 6: Recommendations and Concept Plans
Task 6.1: Draft Intersection and Cross-Section Alternatives Using the data collected and analyses conducted in Tasks 2-5, as well as input from Outreach Round 1, Kimley-Horn will develop up to two alternative cross-sections and supporting intersection concepts using Streetmix and Adobe Illustrator. At least one alternative is anticipated to assume removal o fa travel lane in both directions on Tasman Drive within the study area.
Alternative strategies around tree removal, local community circulation (such as U-turns), emergency vehicle access, and bicycle protection can be explored and input obtained early in the process. Kimley- Horn will identify and note any potential signal and intersection modifications that would be associated with the alternatives. Kimley-Horn will also identify opportunities to incorporate design features like new landscaping and green infrastructure to complement the user experience on the corridor and advance the City’s Urban Forest Management Plan and Green Stormwater Plan.
Our team will review and refine these concepts with input from City staff, specifically documenting and discussing trade-offs between alternative configurations. Materials developed in this task will be used for Outreach Round 1.
Task 6.2: Preferred Alternative Development
Following City discussion and input on potential design solutions developed in Task 6.1, Kimley-Horn will develop one concept plan illustrating the study’s recommended geometry along the Corridor on an aerial. These improvements could include signing and striping changes, bike lanes, intersection modifications, sidewalk connections, bulb-outs, crosswalk modifications, among other recommendations. The concept plan will be shared with the City for one round of review and comment.
Kimley-Horn will address one round of City review and comment to create a Revised Concept Plan. This will be used to create public-friendly materials for Outreach Round 2.
Task 6.3: Concept Estimates
Kimley-Horn will prepare a conceptual cost estimate for the preferred alternative after City staff review of the preferred alternative concept developed in Task 6.2. The estimate will be conceptual in nature, commensurate with the level of design detail. It will include both soft and hard construction costs as well as a contingency amount. The cost estimates will be provided for one round of review and comment by City staff.
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Task 6.4: Final Concept Plan
Following the completion of Outreach Round 2, and based on direction from City staff, Kimley-Horn will prepare a Final Concept Plan that incorporates community input on the Revised Preferred Concept Plan prepared in Task 6.2. The cost estimate developed in Task 6.3 will be updated as needed to reflect these revisions. Up to 30 hours are assumed for preparation of the revised final concept plan and cost estimate. Outreach feedback and City staff direction that would require additional effort would be considered an additional service.
City staff will be responsible for reviewing project alternatives, the draft Concept Plan, and the draft cost estimates prepared in this task.
Task 6 Deliverables:
• Intersection and Cross-Section Alternative Exhibits, Draft and Revised • Preferred Alternative Concept Plan, Draft, Revised, and Final • Preferred Alternative Cost Estimate, Draft, Revised, and Final Task 7: Meetings and Public Outreach
This scope assumes two rounds of community engagement. The first round will solicit community input on general project concepts, needs, and opportunities. Feedback from this round will be used to inform development of the preferred alternative. The second round will present the preferred alternative to the community and indicate how feedback received in the first round of outreach was reflected in the alternative. Feedback from this round will be used to refine the concept design in advance of City Council consideration.
Task 7.1 – Outreach Materials
Kimley-Horn will develop a public outreach plan with input from the City. The Draft Outreach Plan will be presented to the City for one round of review and comment to finalize the Outreach Plan. Outreach materials and collateral will be provided in both printed and digital formats and in multiple languages with visuals that help explain the project and the process to reach the project outcomes. These materials are assumed to include a project fact sheet, community meeting flyers, mailing/postcard, display boards, and PowerPoint presentations.
We will prepare one postcard notice to residents/businesses within 1,000 feet of Tasman Drive in advance of the first round of community outreach to inform project neighbors of the project and where they can find and receive information. The City is assumed to provide the mailing list; Kimley-Horn will be responsible for the creation of the postcard, printing, and mailing. Up to 4,600 addresses are assumed for the mailing. Print materials will be translated into up to two additional languages, if requested by the City.
Kimley-Horn will prepare one e-Blast and social media content that the City can use to distribute via online and social media channels (such as NextDoor to raise project awareness) for each round of outreach. These materials will also be shared with community stakeholders (such as Silicon Valley Bicycle Coalition and the Sunnyvale Mobile Home Park Alliance) for their distribution.
Task 7.2 – Conduct Outreach
Two community meetings (one each outreach round) will be held in-person at a venue such as Lakewood Park or Lakewood Elementary School, online via Zoom, or a hybrid setting. Hybrid formats Attachment 1
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m
ay require additional technical capabilities at the venue. Kimley-Horn will coordinate with the City to ascertain the feasibility of a hybrid format. We are currently assuming in-person outreach events, with a recording of the events placed online for later access by other members of the community. The format will be confirmed with the City and incorporated into the Outreach Plan.
Optional Task C:
As an optional outreach activity, Kimley-Horn would conduct up to two pop-up events at activity centers along or near the project corridor. Kimley-Horn would host pop-up events at times of peak activity at activity centers located in the study area, which may include light rail stations, Lakewood Park, and the shopping center at the Fair Oaks Avenue/Tasman Drive intersection. Pop-up events would be staffed by two consultant team members, including one multilingual staff member, and City staff would be invited to participate as well. The pop-up events would solicit community input via similar means as the public outreach meetings and the community survey.
Kimley-Horn will provide a presentation at a regularly scheduled meeting of up to three community groups, such as the Sunnyvale Mobile Home Park Alliance (SMHPA) and other mobile home park resident groups, during Outreach Round 1. The meeting is assumed to be organized and noticed by the stakeholder group and Kimley-Horn would be responsible for delivering the presentations. All three presentations are assumed to use the same PowerPoint and materials. If requested by the City, meeting information can be in outreach notification materials scoped in Task 7.1.
An online survey will be developed by Kimley-Horn to obtain community input prior to the first public meeting and stay open for at least three weeks after the presentation. Kimley-Horn anticipates using SurveyMonkey or a similar survey platform to conduct the survey.
Optional Task D:
As an optional task, Kimley-Horn would utilize SocialPinpoint to conduct two interactive web surveys instead of SurveyMonkey or similar. SocialPinpoint would utilize an interactive map-based feedback feature to gain input on the draft alternatives and preferred concept plan.
Optional Task E:
As an optional task, Kimley-Horn would conduct a second survey during the second round of community engagement using SurveyMonkey. The survey would be simple in nature, providing the community a simple open response or similar feature to provide feedback on the preferred alternative. A more interactive survey option is included as Task D.
After the first round of outreach, a high-level community outreach summary will be prepared that will include the process implemented and feedback received through all channels, including in-person, virtual, and online. One round of City review and comment will be addressed in the summary. A similar summary from the second round of outreach will be incorporated into the Final Report in Task 8.
Optional Task F:
As an optional task, Kimley-Horn would participate in a project Technical Advisory Committee that would consist of staff representing Sunnyvale Public Works, Sunnyvale Public Safety, Santa Clara County Roads and Airport, and Santa Clara VTA. Other City departments could be included if beneficial. It is assumed that two TAC meetings will be required for this project. Kimley-Horn would be responsible for preparing a Attachment 1
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me
eting agenda, meeting materials, and meeting notes. City staff would be responsible for identifying and contacting TAC members to setup the TAC.
Task 7.3 Bicycle and Pedestrian Advisory Commission Meetings Kimley-Horn will attend two (2) Bicycle and Pedestrian Advisor Commission (BPAC) meetings. For both meetings, Kimley-Horn will assist the City in preparing and delivering the presentation for each meeting.
The BPAC meetings are anticipated to occur prior to the start of each of the two outreach rounds.
Task 7.4 City Council Meeting
Kimley-Horn will attend up to two (2) City Council meetings. Kimley-Horn will work with the City to prepare and deliver the presentation at each meeting.
Task 7 Deliverables:
• Public Outreach Plan, Draft and Final
• Agenda and Presentation Material, two community meetings • Presentation Material, two BPAC and two City Council meetings • Project fact sheet, English and Spanish
• One postcard notice, including English and Spanish
• Two rounds of digital content for social media and e-Blasts • One online community survey
• One Outreach summary, Draft and Final
Task 8: Final Report Development
The efforts performed as part of Tasks 2 through 7 will be summarized in a brief, technical Draft Project Report. It is assumed that the report content will build on the Project Analysis Report completed in Task 5 to include the public outreach process and outcomes as well as the description of the Final Concept Plan. A Draft Project Report will be submitted to the City for one round of review and comment. Kimley- Horn will address one set of consolidated comments from the City and provide a Final Project Report.
Up to 20 hours are assumed for preparation of the Final Report. City direction that would require additional effort would be considered an additional service.
Task 8 Deliverables:
• Final Project Report, Draft and Final
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Proposal for
Proposal for Pedestrian and Bicycle Installation on Tasman Drive City of Sunnyvale TRTP85037.2022
xxix
8. PROJECT SCHEDULE
Kimley-Horn is committed to completing the project in accordance with the schedule included below. We take great pride in our ability to effectively manage complex projects to adhere to established budgets and schedules while maintaining the highest quality. Kimley-Horn has both the depth of resources and technical experience to execute the defined approach as indicated in the schedule.
Proposal for
Proposal for Pedestrian and Bicycle Installation on Tasman Drive City of Sunnyvale TRTP85037.2022
# Task Name Months from NTP
1 2 3 4 5 6 7 8 9 10 11 12
1 Project Management
Management and Administration
Project Coordination Meetings
2 Document and Project History Review
Document Review AA
3 Existing Conditions Field Survey
Conduct Survey BB
4 Data Collection
4.1 Data Collection
5 Data Analysis
5.1 Existing Baseline Conditions Traffic Analysis
5.2 Future Year Conditions Traffic Analysis
5.3 Safety Analysis
5.4 Major Event Analysis
5.5 With Project Analysis
5.6 Project Analysis Report CC CC
6 Recommendations and Concept Plans
6.1 Draft Intersection and Cross-Section Alternatives DD DD
6.2 Preferred Alternative Development EE EE
6.3 Concept Estimates FF FF
6.4 Final Concept Plan GG
7 Meetings and Public Outreach
7.1 Prepare Outreach Materials HH HH II II JJ JJ
7.2 Conduct Outreach KK KK
7.3 BPAC Meetings
7.4 Council Meetings
7.5 Stakeholder TAC Meetings
8 Final Report Development
Draft Final Project Report
LL
Final Project Report MM
Project Schedule
Task Ongoing
Consultant Activity
City Review
Outreach Activity
Meeting
LEGEND: LIST OF DELIVERABLES:
Deliverable A: Document Review Memo
Deliverable B: Field Survey
Deliverable C: Project Analysis Report, Draft and Final Deliverable D: Intersection and Cross-Section
Alternative Exhibits, Draft and Revised
Deliverable E: Concept Plan, Draft and Revised
Deliverable F: Cost Estimates
Deliverable G: Final Concept Plan
Deliverable I: Outreach Round 1 Materials and Notifications Deliverable H: Outreach Plan, Draft and Final
Deliverable J: Outreach Round 2 Materials and Notifications Deliverable K: Outreach Summary (2 Rounds)
Deliverable L: Draft Final Project Report
Deliverable M: Final Project Report
Other Deliverables: Meeting Agenda, Meeting Materials
Ex Exhibit A-1 Project Schedulehibit A-1
ProjeEct Schedule
Attachment 1
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Kimley>>> Horn
Attachment C Cost Proposal
City of Sunnyvale RFP 23-023
PEDESTRIAN AND BICYCLE INSTALLATION ON TASMAN DRIVE FROM FAIR OAKS AVENUE TO LAWRENCE EXPRESSWAY Prime Consultant: Kimley-Horn and Associates, Inc
ODCs Total
Project Manager/
Sr. Professional II
QC/QA Manager/
Sr. Professional II Survey Printer Traffic Counts Translation CBO Adam Dankberg John Pulliam LCC Various IDAX Various TBD $330 $330 $330 $295 $240 $190 $165 $150 $190 $135 Fee/Hr or LS Fee/Hr or LS Fee/Hr or LS Fee/Hr or LS Fee/Hr or LS 1 Project Management 18 2 8 0 0 0 18 0 14 8 68 $15,950 $15,950
1.1 Project Management 18 2 8 18 14 8 68 $15,950 $15,950 2 Document and Project History Review 1 0 2 0 0 8 0 0 0 0 11 $2,510 $2,510
2.1 Document Review 1 2 8 11 $2,510 $2,510
3 Existing Conditions Field Survey 0 0 8 0 0 16 6 0 0 0 30 $6,670 $39,603 $0 $0 $0 $0 $100 $46,373
3.1 Establish Survey Control 2 4 6 $1,420 $1,833 $3,253
3.2 Terrestrial (Ground) LiDAR Survey and Mapping 2 2 4 $1,040 $13,255 $14,295
3.3 Supplemental Ground Surveys and Mapping 2 6 6 14 $2,790 $17,438 $100 $20,328
3.4 Right-of-Way Mapping 2 4 6 $1,420 $7,077 $8,497
4 Data Collection 0 0 0 2 0 0 8 0 0 0 10 $1,910 $0 $0 $2,250 $0 $0 $100 $4,260
4.1 Existing Data and New Data Collection 2 8 10 $1,910 $2,250 $100 $4,260 5 Data Analysis 6 2 0 22 0 6 82 8 0 2 128 $25,270 $25,270
5.1 Existing Baseline Traffic Analysis 1 4 18 23 $4,480 $4,480
5.2 Safety Analysis 1 8 20 29 $5,990 $5,990
5.3 With Project Analysis 2 4 12 18 $3,820 $3,820
5.4 Project Analysis Tech Memo (Draft and Final) 2 2 6 6 32 8 2 58 $10,980 $10,980 6 Recommendations and Concept Plan 11 5 24 10 0 47 108 0 0 0 205 $42,900 $0 $0 $0 $0 $0 $100 $43,000
6.1 Draft Intersection and Cross-Section Alternatives 4 8 4 16 36 68 $14,120 $100 $14,220
6.2 Preferred Alternative Development 4 2 8 4 16 46 80 $16,430 $16,430
6.3 Concept Estimates 1 2 4 8 12 27 $5,810 $5,810
6.4 Final Concept Plan 2 1 4 2 7 14 30 $6,540 $6,540
7 Meetings and Public Outreach 73 0 43 0 0 10 118 125 27 0 396 $83,530 $0 $3,100 $0 $2,000 $0 $600 $89,230
7.1 Outreach Materials 13 0 23 0 0 0 54 67 27 0 184 $35,970 $0 $1,500 $0 $2,000 $0 $0 $39,470 Outreach Plan 3 9 12 $3,960 $3,960
Outreach Round 1 Collateral 4 6 30 36 10 86 $15,550 $1,000 $16,550 Outreach Round 2 Collateral 4 6 24 24 10 68 $12,760 $1,000 $13,760 Postcard Notification (one round) 2 2 7 7 18 $3,700 $1,500 $5,200
7.2 Conduct Outreach 30 0 20 0 0 10 36 58 0 0 154 $33,040 $0 $1,600 $0 $0 $0 $450 $35,090 Outreach Round 1 (1 public, 3 neighborhood meeting) 22 12 10 20 30 94 $20,920 $800 $250 $21,970 Outreach Round 2 (1 public) 8 8 16 28 60 $12,120 $800 $200 $13,120
7.3 Bicycle and Pedestrian Advisory Commission Meetings 14 12 26 $6,600 $100 $6,700
7.4 City Council Meetings 16 16 32 $7,920 $50 $7,970
8 Final Report Development 5 0 6 0 0 12 60 13 10 0 106 $19,660 $19,660
8.1 Final Project Report (Draft) 4 6 10 50 8 8 86 $16,170 $16,170
8.2 Final Project Report (Final) 1 2 10 5 2 20 $3,490 $3,490 Proposal Subtotal 114 9 91 34 0 99 400 146 51 10 954 $198,400 39,603 $ 3,100 $ 2,250 $ 2,000 $ - $ 900 $ $246,253 Subconsultant Markup (5%) 1,980 $ 113 $ $2,093
Base Services Total $248,346
Optional Services
A VISSIM Microsimulation Analysis (Task 5.1) 8 8 12 20 160 208 $39,020 $150 $39,170 B Major Event Analysis (Task 5.1) 1 4 8 12 25 50 $10,415 $200 $10,615 C Pop-Up Events (Task 7.2) 8 28 36 $7,260 $7,260
D Social Pinpoint Surveys (2) (Task 7.2) 8 12 50 70 $16,100 $16,100 E Second Community Survey (Task 7.2) 1 1 9 11 $2,010 $2,010 F Stakeholder TAC Meetings (Task 7.2) 10 4 14 28 $6,370 $6,370 Total Optional Services 28 0 33 20 0 86 227 9 0 0 403 $81,175 $0 $0 $0 $0 $0 $350 $81,525 Total Including Optional Services 142 9 124 54 0 185 627 155 51 10 1,357 $279,575 $39,603 $3,100 $2,250 $2,000 $0 $1,250 $329,871 Notes:
Analsyt III Analyst II Other Direct
Costs Total Fee
SubconsultantsTasks Kimley-Horn and Associates
Total Labor
CostsTotal Hours
Task Description (Task titles outlined in detail in the scope of work.)Task #
Sr.
Professional II
Sr.
Professional I Professional Sr. Project
SupportAnalyst I Project
Support
3/24/2023 1/2
Attachment 1
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Exhibit B
Compensation Schedule
City of Sunnyvale RFP 23-023
PEDESTRIAN AND BICYCLE INSTALLATION ON TASMAN DRIVE FROM FAIR OAKS AVENUE TO LAWRENCE EXPRESSWAY Prime Consultant: Kimley-Horn and Associates, Inc
ODCs Total
Project Manager/
Sr. Professional II
QC/QA Manager/
Sr. Professional II Survey Printer Traffic Counts Translation CBO Adam Dankberg John Pulliam LCC Various IDAX Various TBD $330 $330 $330 $295 $240 $190 $165 $150 $190 $135 Fee/Hr or LS Fee/Hr or LS Fee/Hr or LS Fee/Hr or LS Fee/Hr or LS Analsyt III Analyst II Other Direct
Costs Total Fee
SubconsultantsTasks Kimley-Horn and Associates
Total Labor
CostsTotal Hours
Task Description (Task titles outlined in detail in the scope of work.)Task #
Sr.
Professional II
Sr.
Professional I Professional Sr. Project
SupportAnalyst I Project
Support
1 Assumes up to $800 in outreach materials printing per round, up to $1,000 in translation and interpretation per round 2 Rates subject to annual 5% adjustment, effective each July 1 3/24/2023 2/2
Attachment 1
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Exhibit C
INSURANCE REQUIREMENTS
Consultant 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 by the Consultant, their agents, representatives, or employees.
Minimum Scope and Limits of Insurance. Consultant shall maintain limits not less than:
1. Commercial General Liability: coverage written on an occurrence basis with limits not less than $1,000,000 per occurrence and $2,000,000 aggregate for bodily injury, personal injury and property damage. ISO Occurrence Form shall be at least as broad as CG 0001.
2. Automobile Liability: coverage with a combined single limit of not less than $1,000,000 per occurrence applying to all owned, non-owned, or hired vehicles used in conjunction with this contract for bodily injury and property damage. ISO Form shall be at least as broad as CA 0001 or equivalent is required.
3. Workers’ Compensation: Statutory Limits and Employer's Liability: $1,000,000 per accident for bodily injury or disease.
Industry Specific Coverages. If checked below, the following insurance is also required:
☒ Professional Liability / Errors and Omissions Liability coverage with limits not less than $2,000,000 per occurrence or claim.
☒ Valuable Papers and Electronic Data Processing with limits not less than $10,000 each
Deductibles, Self-Insured Retentions and Other Coverages:
Any deductibles or self-insured retentions must be declared and approved by the City of Sunnyvale, Risk Manager. The Consultant shall guarantee payment of any losses and related investigations, claim administration and defense expenses within the deductible or self- insured retention.
The aforementioned insurance requirements can be met through any combination of self- insured, primary and excess/umbrella policies that fulfill the stipulated coverage as cited above.
Other Insurance Provisions:
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1. During the term of the contract, the City of Sunnyvale, its officers, officials, employees, agents, and volunteers are to be covered as an additional insured in the Consultant’s commercial general liability policy (and if applicable valuable papers and electronic data processing policies) with respects to liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City of Sunnyvale, its officers, officials, employees, agents, or volunteers.
2. During the term of the contract, the Consultant’s Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Sunnyvale.
3. For all Architects, Engineers and Design Professionals – If Industry Specific Coverage box is check above and if the Consultant’s Professional Liability/Errors and Omissions coverage is written on a claims made basis:
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 three (3) 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 Consultant must purchase “extended reporting” coverage for a minimum of three (3) years after completion of contract work
4. For any claims related to this project, the Consultant’s insurance shall be primary. Any insurance or self-insurance maintained by the City of Sunnyvale, its officers, officials, employees, agents and volunteers shall be excess of the Consultant’s insurance and shall not contribute with it and shall be at least as broad as ISO CG 20 01 04 13.
5. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Sunnyvale, its officers, officials, employees, agents or volunteers.
6. The Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
7. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City of Sunnyvale.
8. Any umbrella or excess Insurance Liability policies shall be true “following form” of the underlying policy coverage, terms, conditions, and provisions and shall meet all of the insurance requirements stated in this document, including the additional insured, SIR, and primary and non-contributory insurance requirements for the benefit of City (if agreed to in a written contract or agreement) until all coverage carried by or available to the Contractor’s primary and excess liability policies are exhausted and before the City’s own Insurance or self-insurance shall be called upon to contribute to a loss.
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9. The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated above shall not serve to reduce the Consultant’s policy limits of coverage. Therefore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured, whichever is greater.
Acceptability of Insurers:
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A: VII, and who are admitted and authorized to do business and in good standing in California unless otherwise acceptable to the City of Sunnyvale’s Risk Manager.
Verification of Coverage:
The City of Sunnyvale utilizes PINSAdvantge.com (PINS) to track and verify all insurance related documents. They City is no longer accepting Certificates of Insurance by mail and requires the use of PINS. The City will email the Contractor requesting proof of insurance for this Contract through the PINS platform ([email protected]), which include instructions on how to upload insurance documents electronically. Consultant shall furnish the City of Sunnyvale with an original Certificate of Insurance effecting the coverage required.
The certificates are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates are to be received and approved by the City of Sunnyvale, Risk Manager prior to commencement of work.
The Consultant shall provide certificate(s) evidencing renewals of all insurance required herein prior to the expiration date of any such insurance. Contractor shall submit insurance certificates reflecting the policy renewals through PINS. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
Subcontractors
Consultant shall require all subcontractors to procure and maintain insurance policies subject to these requirements. Failure of Consultant to verify existence of sub-contractor’s insurance shall not relieve Consultant from any claim arising from sub-contractors work on behalf of Consultant.
Attachment 1
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