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CC - Item 4I - Local Roadway Safety Plan (LRSP) RFP No. 2022-04 - Award of Professional Services Agreement for Planning & Engineering ServicesROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: BEN KIM, ACTING CITY MANAGER DATE: APRIL 26, 2022 SUBJECT: LOCAL ROADWAY SAFETY PLAN (LRSP) RFP NO. 2022-04 - AWARD OF PROFESSIONAL SERVICES AGREEMENT FOR PLANNING & ENGINEERING SERVICES SUMMARY As part of the City's FY 2021-22 mid -year amendments, the City Council authorized the execution of grant agreements and approval of funding for the development of the Local Roadway Safety Plan (LRSP). The LRSP will identify and analyze roadway safety concerns, resulting in recommendations for potential roadway safety improvements to reduce or eliminate safety issues in the City. Furthermore, future Highway Safety Improvement Program (HSIP) grant funding opportunities will require agencies to have completed an LRSP to apply for funding. The LRSP will be prepared in conformance with Federal and State standards. The project is funded with Caltrans grant funds in the amount of $48,000, which requires a local match of $5,334, for a total budget of $53,334. On February 17, 2022, staff advertised the Request for Proposals (RFP) for Planning & Engineering Services for the preparation of the LRSP and received five (5) proposals. After review of the proposals, staff determined that Kimley-Horn submitted the most qualified proposal to provide Planning & Engineering Services for the preparation of the Local Roadway Safety Plan, in the amount of $48,619.94 DISCUSSION On December 22, 2020, staff submitted the LRSP grant funding request to Caltrans. In February 2022, the City received the approved allocation letter from Caltrans, allocating grant funds in the amount of $48,000 for the project, which requires a local match of $5,334. On February 17, 2022, staff advertised the Request for Proposals (RFP) for Planning & Engineering Services for the Preparation of Local Roadway Safety Plan (LRSP), RFP No. 2022- 04. The following firms submitted proposals and were received in the City Clerk's Office by 10:30 a.m. on Thursday, March 10th, 2022. AGENDA ITEM 4.I City Council Meeting April 26, 2022 Page 2 of 3 Firm (alphabetical order Location Proposal Amount Kimle -Horn Los Angeles, CA $ 48,619.94 KOA Corporation Monterey Park, CA $ 49,174.00 Linscott, Law & Greenspan, Engineers Pasadena, CA $ 52,713.00 Minagar & Associates, Inc. Laguna Hills, CA $ 47,507.00 TJKM Pleasanton, CA $ 53,189.03 Staff reviewed the proposals and performed an evaluation based on compliance with the RFP requirements, project understanding and approach, experience, level of effort, schedule, and cost effectiveness to provide efficient services. Overall, it was determined that Kimley-Horn provided a better understanding of scope by providing a tailored approach to the City's needs, efficient schedule, and demonstrating relevant experience on similar projects. Kimley-Horn's proposal includes similar LRSP projects currently in progress or completed with approximately 48 agencies in California. In addition, Kimley-Horn's proposal identifies roadway safety issues specific to the City and provides potential mitigation measures including citywide systemic infrastructure, local infrastructure, and non -infrastructure projects. After review of proposals, staff determined that Kimley-Horn submitted the most qualified proposal to provide Planning & Engineering Services for the preparation of the Local Roadway Safety Plan, in the amount of $48,619.94. STAFF RECOMMENDATION It is recommended that the City Council authorize the City Manager to execute a contract with Kimley-Horn for Planning & Engineering Services for the preparation of the Local Roadway Safety Plan, in the amount of $48,619.94. FINANCIAL IMPACT The LRSP is included in the Fiscal Year 2021-22 budget and will be funded by Caltrans grant funds in the amount of $48,000, and Measure R funds in the amount of $5,334 as a local match requirement, for a total budget of $53,334. STRATEGIC PLAN IMPACT The Project is consistent with the City of Rosemead's Strategic Plan Goal C - Infrastructure and Facilities, which is to enhance streets, sidewalks, and public infrastructure; coordinate with relevant utility agencies regarding safety and enhancements; and modernize facilities by expanding the use of wireless network technology and renewable energy. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. City Council Meeting April 26, 2022 Page 3 of 3 Submitted by: 7� � rj6t Michael Chung, P.E. Director of Public Works Attachment A: Kimley-Horn Proposal Attachment B: RFP Package Attachment C: Professional Services Agreement with Kimley- Horn Attachment A Kimley-Horn Proposal zt— s r y 0-4 jo Planning & Engineering Servicesfor the Preparation of LOCAL ROADWAY SAFETY PLAN (LRSP) Cover Letter March 10, 2022 D 660 South Figueroa Street, Suite 2050 Los Angeles, CA 90017 Michael Chung TEL 213.261.4040 Director of Public Works City of Rosemead 8838 East Valley Boulevard Rosemead, CA 91770 RE: Proposal for Planning & Engineering Services for the Preparation of Local Roadway Safety Plan (LRSP) RFP No. 2022-04 Dear Mr. Chung and Members of the Selection Committee: The City of Rosemead (City) is seeking the assistance of a qualified consultant in the preparation of a Local Roadway Safety Plan (LRSP). As an industry leader in safety, Kimley-Horn is well-qualified and dedicated to providing unique consulting services to the City for your LRSP. We bring the established experience to develop an LRSP that is tailored to your local procedures, desires, and issues while maintaining accordance with state and federal guidelines. The following benefits prove that Kimley-Horn is well-suited to support the City on this project: ®Familiarity with LRSPs. Kimley-Horn is devoted to supporting local agencies in recommending safety enhancements in areas throughout California. Our team's knowledge ranges from traffic safety planning and engineering to bicycle and pedestrian facility planning, safety, and design. We have completed LRSPs and Systemic Safety Analysis Reports (SSARs), Strategic Highway Safety Plan (SHSP) projects, Road Safety Audits (RSAs), Safety Management Plans (SMPs), data collection and crash analysis, and design of safety countermeasures throughout the country, including for the cities of Santa Clarita, Artesia, Lancaster, Ventura, Anaheim, San Clemente, Seal Beach, Costa Mesa, Eastvale, Chino, Perris, Goleta, Palm Desert, La Quinta, Santa Cruz, and Sunnyvale as well as the counties of Imperial and Ventura. Our previous experience and lessons learned from these projects have afforded us the information to develop effective and cost-efficient LRSPs. Kimley-Horn's familiarity with the LRSP process will assure your project is accomplished successfully, ®Tailored Solutions. Our firm's diverse experience in safety-related projects has allowed us to develop a fine-tuned approach to safety. We will deliver innovative techniques to generate the best results for the City, providing you with a prioritized list of low-cost safety improvements that can be applied not only at challenging segments, but also throughout the City. This can be used and applied toward Highway Safety Improvement Plan (HSIP) grants for application—another area Kimley-Horn has significant experience in and can provide solutions for the City's needs. ®Local Management and Commitment to Your Success. Through our established past, Kimley-Horn proves that we are dedicated to surpassing expectations and serving local cities alike. Project manager and point of contact Darryl dePencier, AICP, GISP, RSP2B brings more than 15 years of professional traffic safety management experience, along with experience completing over 30 LRSPs to the proposed project. Darryl's experience in supporting and leading transportation planning and engineering projects is evidence of his continued success with LRSPs. For this endeavor, Darryl will be supported by principal -in -charge Jean Fares, P.E., who brings 30 years of professional traffic and transportation engineering experience to the project, along with QC/QA reviewer Mike Colety, P.E., PTOE, RSP 2B1 project engineer Jason Melchor, P.E., project planner Kyle McGowan, AICP, and project analysts Amanda Forsans and Zander Dally. Kimley-Horn will pair our in-house, certified team with Crossroads Software, Inc., a California-based software development company specializing in software for traffic divisions of police departments and traffic engineering departments, to provide Data Collection services on the project. Kimley-Horn is committed to providing you high-level, professional services and is excited for the opportunity to further enhance the safety of the City's streets from our local downtown Los Angeles office. We intend to perform the services requested and concur that all elements of the RFP have been reviewed and understood. Should you have any questions about our proposal or necessitate any additional information, please contact our project manager Darryl dePencier, AICP, GISP, RSP2Bat 213.261.4039, at darryl.depencier@kimley-horn.com, or at the address listed above. Sincerely, KIMLEY HORN AND ASSOCIATES, INC. Darryl dePencier, AICP, GISP, RSP2B Project Manager/Point of Contact City of Rosemead o RSRD96004.2022 /V_X �w 4. Jean Fares, RE.* Senior Vice President/Principal-in-Charge "As a Senior Vice President of the firm, Jean Fares, P.E. has the authority to bind Kimley-Horn and execute agreements on behalf of the firm. Kimley>»Horn Table of Contents Cover Letter Table of Contents Section 1. Approach, and Scope of Work......................................................................... Section 2. Project Team, Key Personnel and Resumes ..................................................... Section 3. Company Qualifications................................................................................... Section 4. References....................................................................................................... Section 5. Standard City Contract and Insurance Requirements ....................................... Section 6. Addenda Acknowledgement............................................................................ FeeProposal.................................................................................................................... a: I ..1 11 19 24 25 26 27 City of Rosemead • RSRD96004.2022 Kimley»)Horn ..1 11 19 24 25 26 27 City of Rosemead • RSRD96004.2022 Kimley»)Horn Section 1. Approach, and Scope of Work Project Understanding The City of Rosemead is taking a major step towards enhanced roadway safety through the development of an LRSP. This plan will help the City identify the factors that contribute most to local traffic collisions and will better position the City for safety funding from state and federal grant programs. Kimley-Horn has extensive experience with the California HSIP including the development of the HSIP Implementation Plan at the statewide level, and recently received over $30M in HSIP grants in Cycle 10. The goal of the LRSP is to develop countermeasures that can be systemically implemented to reduce the risk of collisions on City streets. Kimley-Horn's approach builds that toolbox using three separate processes: 0 Identify Citywide emphasis areas such as impaired driving or active transportation that represent a large proportion of traffic injuries © Identify site-specific case studies that are representative of other locations in the City for a more detailed audit and focused countermeasures © Review Citywide policies, programs, resources, and practices that may have an impact of traffic safety, then identify opportunities to align with safety best practices This study is important because of economic losses in the City of Rosemead in addition to the trauma of injury and loss of life. The Office of Traffic Safety (OTS) most recently ranked Rosemead 8 of 105 peer cities in 2019 for traffic injuries after normalizing for population and VMT, which suggests that the City has a worse -than -average safety performance for its size. The OTS ranking for several categories is listed in Table 1 below. Alcohol-related collisions are the three categories in which Rosemead ranked the lowest in its peer group. Table 1. Office of Traffic Safety Rankings (2019) 2019 TYPE OF CRASH County LOS ANGELES COUNTY VICTIMS KILLED & INJURED Group C OTS RANKING Total Fatal and Injury 255 8 out of 105 Alcohol Involved 11 74 out of 105 Had Been Drinking Driver < 21 0 57 out of 105 Had Been Drinking Driver 21 - 34 1 82 out of 105 Motorcycles 8 26 out of 105 Pedestrians 18 18 out of 105 Pedestrians < 15 2 51 out of 105 Pedestrians 65+ 7 8 out of 105 Bicyclists 16 16 out of 105 Bicyclists < 15 1 54 out of 105 Composite TYPE OF CRASH 81 FATAL & INJURY CRASHES 42 out of 105 Speed Related 31 22 out of 105 Nighttime (9:00pm — 2:59am) 23 13 out of 105 Hit and Run 15 24 out of 105 Kimley-Horn is the lead consultant supporting Caltrans' Strategic SHSP and HSIP Implementation Plan. The SHSP outlines statewide priorities and emphasize areas that, when comparing fatalities and serious injuries over the last 10 years against statewide trends for SHSP challenge areas, Rosemead crashes more often involved pedestrians, bicycles, and aging drivers. Fewer collisions involved occupant protection, impaired driving, or lane departure. Table 2 on the following page shows the statewide fatal and severe injury collisions in comparison to data from the City of Rosemead. City of Rosemead RSRD96004.2022 Kimley»)Horn ° 1 Table 2. Fatal & Severe Injuries - Statewide vs. Rosemead Challenge Areas Bicyclists Statewide I iii i : 15 Rosemead Collisions 0i9i : 16.30% 8.01% Pedestrians 19.239% 25 27.17% 7.95% Aging Drivers 12.36% 16 17.39% 5.03% Driver Licensing 24.67% 34 25.56% 0,90% Aggressive Driving 33.09% 31 33.70% 0.61% Work Zones 1.43% 0 0.00% -1.43% Distracted Driving 5.02% 3 3.26% -1,76% Intersections 23.62% 20 21.74% -1.88% Commercial Vehicles 6,37% 4 4.35% -2.03% Young Drivers 13.09% 6 6,52% -6.57% Motorcyclists 20.98% 12 13,04% -7.94% Occupant Protection 14.22% 5 5.43% -8.78% Impaired Driving 25.27% 15 16.30% -8.97% Lane Departure 43.26% 24 26.09% -17.17% `Available for Fatal Only Kimley-Horn has analyzed the TIMS data for the City from 2016-2020. Our preliminary analysis explored the following collision categories: Collision Severity 6.2% of the injury collisions from 2016-2020 resulted in a fatality or severe injury. A majority of the injury collisions resulted in complaints of pain. Table 3 shows the breakdown of injury collisions by injury severity. Table 3. Collisions by Severity Level (Crashes Resulting in Injury Only) Severity count Percent Fatal 8 0.8% Severe Injury 52 5.4% Visible Injury 377 39.5% Complaint of Pain 518 54.2% Total 955 100.0% Collision Type The most common types of collisions in the City were rear end and broadside, totaling 62.8% of crashes in the City. A full breakdown of the collision types is shown in Table 4 below and continued on the following page. Table 4. Collisions by Type Collision Type Count Percent Unknown 6 0.6% Head On 81 8.5% Sideswipe 114 11.9% Rear End 283 29.6% Broadside 317 33.2% Hit Object 33 3.5% City of Rosemead = RSRD96004.2022 KimlepMorn - 2 Collision Type Count Percent Overturned 6 0.6% Pedestrian 86 9.0% Other 29 3.0% Total 955 100.0% Primary Collision Factor The most common factor that led to collisions in the City was automobile right-of-way violation (24.7%), with the other two most prominent collision factors being unsafe speed (18.1 %) and improper turning (13.6%). A full breakdown of the primary collision factors is shown in Table 5, Table 5. Collisions by Primary Collision Factor Primary Collision Factor Count Percent Unknown 29 3.0% Impaired Driving 23 2.4% Unsafe Speed 173 18.1% Following Too Closely 74 7.7% Wrong Side of Road 26 2.7% Improper Passing 12 1.3% Unsafe Lane Changes 38 4.0% Improper Turning 130 13.6% Automobile Right of Way 236 24.7% Pedestrian Right of Way 39 4.1% Pedestrian Violation 37 3.9% Traffic Signals and Signs 94 9.8% Hazardous Parking 1 0.1% Other Hazardous Violation 8 0.8% Other than Driver 7 0.7% Unsafe Starting or Backing 28 2.9% Total 955 100.0% Collision `Involved With' Nearly 70% of the collisions in the City were between two or more moving motor vehicles. However, there were also several crashes with fixed objects, parked cars, pedestrians, and bicycles. Pedestrian and bicycle crashes in particular resulted in a higher rate of severe injuries. Table 6 below and continued on the following page shows a full breakdown of these collisions, what object they involved, and the resulting injury levels. Table 6. Collisions by `Involved With' Vehicle Involved With Severe Fatal Injury Other Visible Injury Complaint of Pain Total Other Motor Vehicle - 18 221 394 663 Parked Motor Vehicle - 1 33 14 48 Fixed Object 2 3 16 19 40 Pedestrian 3 16 38 33 90 Bicycle 2 12 41 38 93 Motor Vehicle on Other Roadway 1 2 23 15 41 City of Rosemead - RSRD96004.2022 Kimley»)Horn . 3 Other Object - - 2 1 3 Non -Collision - 2 3 5 Unknown - 1 1 2 Total 8 52 377 518 955 Figure 1 and Table 7 show the concentration of injury crashes in Rosemead and highlights the 10 most economically impactful intersections in the City. Figure 1. Injury Crashes by Intersection I `b San Gabriel, Intersectiont k xv 1 ? Ln Ruen111 0 Alhambra; I as El Momv at N II L 2 Valley Boulevard Muscatel Avenue F 1 13 7 $4,606,200 3 Valley Boulevard IvarAvenue 0 1 9 3 $3,875,200 4 Marshall Street Rosemead Boulevard 0 �a a Frmnai H F'` 12 $3,303,100 5 Ell.b nr a a' y r°d y, V 0 8 `=ltli2 c AI9 nrl Z Valley Boulevard Walnut Grove Ave 0 0 4 18 $2,025,400 0 b St - s w A - tialf a}I alvd [ ab eY eh'9 4`••a t cZ rvll a WVa11"a1VJ I'. .. Rlvd - 9$ . m .-E-Vau1 � ; ' E Notwnr_tl h�° E'GIG.da1W3Y- - -,WS. mAve EI Monter,,. e _ S.' Aver E HOI,n Al, A- ' (. e ' Td�wl Ave m 5 a s.lh w,no rxv+l Hul: yw Ern° Ava� . EEme,con Avn ,.z ° hid _ E G>vh Au° - - z E Obrve Ar( Monterey Park a E Ncwm ark Avv a ¢ E Eill utj Ava ri EKU,nu rl 51 a - ' EbavesA e a. U d�P,a c ERfrb St i yv ra` � r°d. Mcg • n1 J � z .. South ei t Number of Crashes Q d Monte ro' -0-1 M Acklbf `° AnrypO �R dy Ve 2-4 !t Cox pP: BOJ. Flnl( 5-1049 11-17- 18-30 � R li. M1I 1 fl o. R.ns rB � uaR� P,e �4 t�P l .'iv Npn I. Table 7. Ten Most Economically Impactful Intersections Rank Intersectiont 1 Garvey Ave Walnut Grove Ave 0 1 11 13 $4,807,000 2 Valley Boulevard Muscatel Avenue 0 1 13 7 $4,606,200 3 Valley Boulevard IvarAvenue 0 1 9 5 $3,875,200 4 Marshall Street Rosemead Boulevard 0 1 1 12 $3,303,100 5 Garvey Avenue San Gabriel Boulevard 0 0 8 19 $2,675,500 6 Valley Boulevard Walnut Grove Ave 0 0 4 18 $2,025,400 City of Rosemead - RSRD96004.2022 Kimley*Horn - 4 7 Valley Boulevard Rio Hondo Avenue (East) 0 0 4 7 $1,135,500 8 Valley Boulevard Rosemead Boulevard 0 0 4 7 $1,135,500 9 SR -164 / Rosemead Blvd Glendon Way 0 0 3 7 $993,200 10 Valley Boulevard Rio Hondo Ave (West) 0 0 4 2 $731,000 The LRSP will identify the factors associated with the most vehicle crashes particular to the City and will identify matching countermeasures to reduce or eliminate those crashes. Figure 1 on the previous page shows where traffic injuries were most concentrated in Rosemead. Our team uses custom GIS -based tools to evaluate the roadway system and intersections using Highway Safety Manual statistical methods. This allows for independent evaluation of intersections by control type and roadways by function. Our team then applies additional statistics to rate each location for crash severity, crash type patterns, driver behavior factors, and roadway conditions. Our analysis procedures are outlined in the exhibit to the right. Kimley-Horn works closely with Crossroads allowing us to seamlessly input their most recent available crash data. Our custom in-house software can process the collected crash records to provide a ranked order of intersections and roadway segments by crash activity consistent with the Local Roadway Safety Manual, provide a statistical evaluation of crash rates for each location relative to Citywide norms, and highlight locations with unusually high crash severities or crash patterns that can help diagnose safety challenges. Kimley-Horn's approach to the LRSP development centers on the creation of a countermeasure toolbox that includes items that address both infrastructure and driver behavior. A combination of crash history, roadway characteristics, and stakeholder feedback is used to determine which countermeasures will have the most safety benefit relative to cost for the City. The toolbox is then used to produce three products as part of the LRSP: O Citywide Systemic Infrastructure Projects: Serious injury crashes in Rosemead are more likely to impact pedestrians and bicyclists than in other parts of California. The LRSP would likely include a number of low-cost systemic countermeasures such as high visibility crosswalks, painted bike lanes, leading pedestrian intervals, or additional sidewalks, where warranted, on the local street network. © Local Infrastructure Projects: For example, the LRSP would likely consider signal timing changes such as moving to protected left or flashing yellow arrow, installation of advanced dilemma zone detection, and retroreflective backplates. © Non -Infrastructure Projects: Serious injury and fatal crashes in Rosemead are more commonly associated with bicycles and pedestrians. The LRSP could explore opportunities to improve collaboration between law enforcement and schools to deliver education programs for bicycle safety. The team could also evaluate City ordinances and policies on bicycle helmets, riding on sidewalks and other bicycle safety considerations. The following scope of services outlines how Kimley-Horn will build off of the City's current plans to provide a well-rounded framework for an ongoing safety improvement program. The LRSP will be structured to make the City more competitive for grant funding, better able to identify and prioritize safety needs, and encourage safer driving practices of its residents. Work Plan lass i — rroject iviaciageuieuL aiiu 1vaeeU11g5 r;~ Kimley-Horn will prepare an agenda and conduct a project kick-off meeting to review and refine the project methodology and schedule and to establish a Project Development Team (PDT) with key City staff, which we will maintain close and consistent communication through regular PDT status meetings to discuss plan development and project progress. Meetings are anticipated to be held virtually given current conditions. City of Rosemead „ RSRD96004.2022 Kimlep Horn - 5 Kimley-Horn will assist the City in providing administrative support to make sure the project is in compliance with the Local Assistance Procedure Manual guidelines. Kimley-Horn has established internal quality control processes that include multiple levels of review before deliverables are submitted to a client, including a designated quality control manager that is not part of the core project team to provide objective feedback from the perspective of someone external to the project. Kimley-Horn recommends in-person meetings, if conditions allow, at the following project milestones; 1. Project kick-off 3. Field review debrief 2. Selection of high -collision sites for project development 4. Project recommendations Additionally, Kimley-Horn will hold a short bi-weekly project progress meeting with the City project manager to discuss the current status of the project and to make decisions about project direction as alternative courses emerge. During our kick-off meeting, we will identify safety partners/stakeholders who should be included in future project communications. We value representation from the local community, businesses, non-profit organizations, local transportation providers, City's Public Works Department, Public Safety Department, Los Angeles County Sheriff's Department, Los Angeles County Fire Department, Rosemead/EI Monte/Garvey School Districts, and health and safety agencies when creating a well-rounded safety plan. Task 1.2 - Identify Stakeholders Kimley-Horn will work with the City to identify stakeholders that will be engaged throughout the LRSP process. Key stakeholders will include those identified during the kick-off meeting in Task 1. Task 1.3 - Identify Project Goals and Objectives We will work with City staff to establish goals and objectives after completing the comprehensive data analysis with a focus on improving traffic and pedestrian safety. We will establish the emphasis areas. The team will identify safety challenges specific to the City of Rosemead that are elevating the risk of traffic injuries. The goals and objectives will be structured to meet the needs of the LRSP Program, provide optimal support of statewide funding priorities, and incorporate Priority Safety Strategies, Infrastructure Safety Projects, and Behavioral Safety Strategies and feedback from stakeholders and City staff. Each goal will be associated with a set of objectives that will help determine the prioritization of plan recommendations. Task 1.4 - Stakeholder Meetings Kimley-Horn will work with the City to reach out to safety partners/stakeholders from the contact list developed. Up to three stakeholder meetings will be hosted, either virtually or in-person (as COVID restrictions allow), to provide two-way communication and feedback on the materials communicated. The meeting will provide an overview of the LRSP process, identify/establish safety goals, objectives, strategies and emphasis areas, inform those present on the results found during the crash analysis, and outline the draft countermeasures and potential solutions. Stakeholders will be utilized for their local insight on the area, any challenges or opportunities they may know of, and their knowledge of "near -miss crashes." Any potential additions or changes to the recommended countermeasures, based on the feedback received during this meeting, will be discussed with the City. The group will prioritize plans for implementation and be able to review and comment on the draft and final LRSP before recommending approval of the document to be adopted by City Council. is I• ii - " Project kick-off meeting " Draft project goals and objectives " Field notes " Project update meeting agenda & notes " Stakeholder meetings " Attendance at traffic advisory " Monthly progress reports " Field visit package (crash diagrams, committee meetings " Stakeholder identification list note sheets, site visit maps) Task 2.1 - Literature Review We will conduct a literature review of existing plans published by the City, including the General Plan. Documents produced by LA Metro, SCAG, and Caltrans will also be reviewed to identify projects, policies, and programs that are in place or recommended that might be of value to this analysis. Our team is already familiar with Caltrans procedures and guidance on the development of SSAR and LRSP plans and will provide a summary as part of this task. City of Rosemead w RSRD96004.2022 Kimley>»Horn . 6 Task 2.2 - Best Practices Analysis Kimley-Horn will work with City staff to identify programs and policies within the City that are most supportive of safety, which ones could be updated to better align with current best practices, and where there are opportunities for new initiatives that would likely support safer roads and better driving behaviors. We will collect the needed information by providing the City with a list of questions in advance, and will conduct an interview with City staff to finalize the responses, Question list of current practices for the City » Technical Memorandum #1: Existing Plans and Programs Task 3.1 - Data Analysis Kimley-Horn will perform a comprehensive data analysis review. Our approach to safety analysis includes statistical network screening using Highway Safety Manual Methods, These methods are selected to identify locations with higher than expected collision activity that can be reviewed to identify roadway and intersection characteristics associated with higher risk. These methods also review a variety of collision characteristics to identify locations where specific types of collisions are over -represented. This helps to diagnose safety factors that are leading to elevated numbers of collisions. The first screening step is to develop critical crash rates for segments and intersections in the City. Average crash rates are developed for intersections based on control type, and roadway segments based on functional classification. A statistical threshold is then established based on daily traffic volumes for each segment and intersection. The difference between the actual crash rate and the critical crash rate for each location can then be used to estimate the relative risk faced by users of the given intersection or segment. This method builds on the High Collision or High Injury Networks that essentially mirror High Traffic networks to provide deeper insight into potential low-cost safety measures. Roadways and intersections with lower classifications will also be identified, allowing the LRSP to broach risk factors associated with those roadways. The second screening step focuses on crash type over -representation, Citywide data is used to determine the typical collision type mix for each of the functional classifications and intersection control types. Then the mixture is reviewed for each segment and intersection to highlight those with high concentrations of a specific collision factor. Factors analyzed would include: • Fatal collisions • Fatal + serious injury collisions • Broadside collisions • Rear -end collisions • Sideswipe collisions • Head-on collisions • Single vehicle collisions (run off road, fixed object, parked vehicle, other) • Bicycle collisions • Pedestrian collisions • Wet/slippery road collisions • Nighttime collisions • Collisions involving alcohol/drugs • Collisions involving driver inattention • Collisions involving speeding/aggressive driving The resulting list would include both the number of collisions for each factor, and the probability that any excess is not random. Kimley-Horn will provide an inventory of sites including all roadway segments and intersections with three or,more collisions (needed for statistical evaluation) ranked by overall number of collisions per Local Roadway Safety Manual Guidance. Kimley-Horn will then recommend up to ten locations for further evaluation and potential project development based on amount of collision activity, collision severity, unusual collision patterns, and site variability to maximize the potential number of systemic factors, and mitigations identified. We will identify potential conflicts between vehicles, pedestrians, and bicycles, Task 3.2 - Roadway Characteristics Inventory Kimley-Horn will obtain available data on roadway functional classification, intersection control, schools, parks, transit stops, and other roadway characteristics that impact safety. Available traffic volume data will also be collected from the City. City of Rosemead - RSRD96004.2022 Kimley»)Horn - 7 Task 3.3 - Field Tour At up to ten identified high -collision locations (key corridors and intersections) identified in Task 2, field assessments with City staff will be conducted to collect additional information to better match roadway characteristics with collision activity, allowing the team to diagnose issues and develop systemic recommendations. Deficiencies per the Highway Design Manual and other regulatory and guidance documents will be identified at these locations, " Technical Memorandum #2: Citywide Safety Background and Trends " List of intersection and segments with statistically analyzable collision activity " Citywide safety trends and recommended focus areas " Crash diagrams for high crash locations " List of potential local countermeasures Task 4.1 - Develop Priority Criteria and Priority Areas Kimley-Horn will work with the City and stakeholders to develop priority criteria and identify priority areas that will be used to develop the countermeasures in Task 4.2. These countermeasures will address these priority areas and will align with state and federal countermeasures that have been identified to assist in reducing fatal & injury collisions. Task 4.2 - Identify Countermeasures The identification of the potential projects will be developed by examining the crash data and determining the appropriate countermeasures improvements to roadway segments. The team will prepare a toolbox of systemic safety mitigations that can be applied citywide, or on key parts of the network. Countermeasures will include a mixture of infrastructural improvements, educational initiatives, law enforcement strategies, emergency response, policy updates, coordination activities, and other items that will contribute to the overall tapestry of roadway safety in the City. We will identify safety measures that are appropriate, cost efficient, and proven effective countermeasures by the US Department of Transportation and the FHWA. The toolbox will be developed in three steps: 1. The site visit locations will be used as case studies. Solutions that emerge from those will be associated with the conditions they are addressing and added to the toolbox, 2. The team will identify up to three safety emphasis areas for the City based on collision trends and patterns that can be looked at holistically to identify broader strategies that can be employed to address them. 3. The best practices review will be used to identify actions the City can take to improve the safety environment. An implementation plan will be developed for inclusion in the LSRP report that will help the City prioritize improvements and identify potential funding sources while remaining responsive to funding opportunities for HSIP and related grants, including evolving needs as plan implementation progresses. Task 4.3 - Develop Priority Projects Kimley-Horn will provide recommendations for operational safety improvements and develop project sheets for up to five high crash locations to improve roadway, traffic, and pedestrian safety. The sheets will profile the existing safety performance of the location, will include an aerial photo and map, and will outline potential countermeasures that had been identified through the safety analysis and workshop tasks and been approved by the City. Each countermeasure will also have a reported benefit/cost. These sheets will provide the City with a scalable overview of the most cost-effective safety options at each location based on the level of resources available, allowing for phased implementation of multiple countermeasures, or to go straight to implementation of the most cost-effective solutions. Projects will be reviewed and recommended for available grants. " List of priority criteria & priority areas " Cost estimates, mapping, and cost/benefit ratio " Safety Countermeasure Toolbox of proposed safety improvements " Up to ten (10) project sheets including list of potential projects City of Rosemead - RSRD96004.2022 Kimley)»Horn � 8 Projects will be analyzed on their potential to reduce crash activity. Projects with the greatest and most cost-efficient crash reduction potential will be prioritized, Short-term, medium-term, and longer-term projects will be identified based on their cost and likelihood of reducing crashes. The Kimley-Horn team will work with the City to develop an action plan, and provide guidance for securing funding to address recommendations and achieve the goals and objectives identified for the LRSP. This plan will also include a program for updates to the LRSP and an analysis procedure that City staff can use to update the network screening results to determine the effectiveness of countermeasures that have been implemented and to establish new priorities as existing ones are addressed and as roadway conditions and driver expectations change. Three (3) project packages for grant applications Technical Memorandum #3: Implementation Plan DevelopmentTask 6. LSRP Task 6.1 - Draft LRSP Kimley-Horn will prepare a draft LRSP to document the findings of the previous tasks. The draft report will be submitted to the City for review and comment and we will assist in circulating the draft LRSP to identified stakeholders for review. Kimley-Horn will collect a consolidated set of comments from City staff and stakeholders to refine the report into a final document. Task 6.2 -Final LRSP Kimley-horn will respond to all comments and incorporate feedback received on the draft LRSP into the final LRSP, This document will guide the City's effort to improving transportation safety and reducing the number of incidents and the severity of those incidents on our transportation systems, The LRSP will be a living document and analysis methods will be clearly outlined to facilitate future updates as the City completes projects, gets new collision data, as needs and priorities change, and seeks funding in future cycles after this report has reached its lifespan of up to five years per LRSP guidelines. Kimley-Horn, along with City staff, will take the lead on plan adoption and present the final LRSP to City Council. Draft LRSP Final LRSP City of Rosemead - RSRD96004.2022 Kimley>»Horn a 9 a ca Cl) CV Cl? Cl) Cl) C/i 0 coco I c - E; u N Cl? CD CO 0 Section 2. Project Team, Key Personnel and Resumes Our project team is unsurpassed in local knowledge and relevant experience and has been structured to provide strong support to the City of Rosemead. Notably, our team will be managed by Darryl dePencier, AICP, GISP, RSP 2B' a successful Kimley-Horn project manager with over a decade of experience on traffic safety projects. Darryl and his team have a thorough knowledge of the LRSP process and extensive experience coordinating communications between stakeholder groups and City staff throughout plan development. Darryl will serve as your point of contact and will maintain a close working relationship with City staff throughout the duration of the project. He will oversee a team of well-qualified individuals as well as one subconsultant, who are experienced in safety planning and engineering. Kimley-Horn will pair our in-house, certified team with Crossroads Software, Inc. (Crossroads), a California-based software development company specializing in software for traffic divisions of police departments and traffic engineering departments. Their systems produce and track traffic citation, traffic collision, and DUI arrest documents. With over 30 years of experience, Jeff Cullen will work alongside Kimley-Horn to collect data for this project as the Crossroads team has done on many projects across California. Kimley-Horn has the required license to perform the scope of services for this project. Specific information regarding relevant individual licenses can be found in the resumes section below. These resumes also outline the education, credentials, training, and related experience of our team members. Our team has the availability necessary to support the City throughout the term of this contract. The organizational chart below delineates the roles and responsibilities of our personnel on this pursuit. Full resumes are provided for our key personnel beginning on the following page. Organizational Chart u OSE EAD Project Manager/ Point Contact Darryl dePencier, AICP, GISP, RSP2B Jason Melchor, P.E. Kyle McGowan, AICP Project Analyst Amanda Forsans Zander Dally City of Rosemead „ RSRD96004.2022 Data Collection Jeff Cullen (Crossroads) Kimley»)Horn • 11 Resumes Darryl dePencier, AICP, LISP, RSP2B Project Manager/Point of Contact Darryl has been conducting transportation safety for more than 15 years. He has developed tools to root out the spatial relationships between crash events to determine the factors and conditions that increase the probability of vehicle crashes. His experience ranges from establishing safety policy language to network screening, crash site engineering reviews and developing countermeasure toolboxes. Darryl also conducts statistical analyses of crash activity using methods presented in the Highway Safety Manual, the Local Roadway Safety Manual, and customized analyses for unusual locations or conditions. He has worked on studies at the statewide, regional, local, and site-specific levels that include guidance documents, LRSPs, safety thresholds and audits, and local countermeasure recommendations. Relevant Experience • City of Artesia, LRSP, Artesia, CA — Project Manager • City of Santa Clarita, SSAR, Santa Clarita, CA — Project Planner • City of Anaheim, LRSP, Anaheim, CA — Project Planner • City of Eastvale, SSAR Eastvale, CA — Project Manager • City of Perris, LRSP, Perris, CA — Project Manager • City of Palm Desert, LRSP, Palm Desert, CA — Project Planner • City of Imperial Beach, LRSP, Imperial Beach, CA — Project Planner • City of Goleta, Traffic Safety Study for the SSAR/LRSP, Goleta, CA — Project Planner Professional Credentials • Master of Science, Urban Spatial Analysis, University of Pennsylvania • Bachelor of Science, Geography, Carleton University, Ottawa • Certificate, Geographic Information Systems, Algonquin College, Ottawa • American Institute of Certified Planners #026552 • Geographic Information Systems Professional #59317 • Road Safety Professional) #273 • Road Safety Professional2B#17 • City of Santa Cruz, LRSP, Santa Cruz, CA — Project Manager • Caltrans, Strategic Highway Safety Plan (SHSP) Update and Implementation, Statewide, CA— Project Planner • Caltrans, Safety Performance Measure Target Setting Analysis, Statewide, CA— Project Planner • County of Ventura, LRSP, Ventura County, CA — Project Manager • City of Ventura, SSAR, Ventura, CA — Project Manager • City of Lancaster, SSARP, Lancaster, CA — Project Manager • City of Seal Beach, LRSP, Seal Beach, CA — Project Planner • City of La Quinta, SSAR, La Quinta, CA — Project Planner • County of Imperial, SSAR for Varied Roadways, Imperial County, CA —Project Planner • County of San Joaquin, SSAR, San Joaquin County, CA — Project Planner City of Rosemead m RSRD96004.2022 Kimley»>Horn o 12 Jean Fares, P.E. Principal -in -Charge Professional Credentials • Bachelor of Science, Architecture, California State Polytechnic University, Pomona • Professional Engineer in CA #TR2097 Jean has more than 30 years of professional experience in the fields of traffic and transportation engineering, including systematic safety analysis, traffic signal design, signal system design, traffic signal timing, traffic operations, signing and marking plans preparation, and traffic control plans. In addition to signal design and corridor signal operations, Jean has extensive experience with ITS technologies, Relevant Experience • City of Santa Clarita, SSAR, Santa Clarita, CA — Project Manager • City of Santa Clarita, LRSP, Santa Clarita, CA — Project Manager • City of Perris, LRSP, Perris, CA — QC/QA Manager • City of Palm Desert, LRSP, Palm Desert, CA — Project Manager • City of Goleta, Traffic Safety Study for the SSARP/LRSP, Goleta, CA — QC/QA Manager • County of Ventura, LRSP, Ventura County, CA — Principal -in -Charge • City of Ventura, SSAR, Ventura, CA — Project Engineer • City of Chino, On -Call Traffic Engineering Services, Chino, CA — Project Manager • City of Seal Beach, LRSP, Seal Beach, CA — Principal -in -Charge • County of Imperial, SSAR for Varied Roadways, Imperial County, CA — Project Manager • City of Glendale, On -Call Traffic Engineering Services, Glendale, CA — Project Manager • City of Thousand Oaks, On -Call Traffic Engineering Services, Thousand Oaks, CA — Project Manager • City of Culver City, On -Call Traffic Engineering Services, Culver City, CA — Project Manager • City of Downey, On -Call Traffic Engineering Services, Downey, CA — Project Manager • County of Los Angeles, On -Call Traffic Engineering Services, Los Angeles County, CA — Project Manager • City of Palmdale, On -Call Signal Design Services, Palmdale, CA — Project Manager • City of Agoura Hills, On -Call Traffic Engineering, Agoura Hills, CA — Project Director • City of Porterville, On -Call Civil and Traffic Engineering, Porterville, CA — Project Manager • County of Riverside, On -Call Traffic Engineering Services, Riverside County, CA — Project Manager • City of La Quinta, SSAR, La Quinta, CA — Project Manager • City of Indio, LRSP, Indio, CA — Project Manager City of Rosemead . RSRD96004.2022 Kimley»>Horn o 13 Mike Colety, P.E., PTOE, RSP21B QC/QA Mike has over 25 years of experience with the evaluation, planning, and design of transportation facilities that address the safety and mobility of all road users. He is currently leading the Update and Implementation of the SHSPs for both California and Nevada and also has extensive experience with local and regional transportation safety planning. Mike led the Highway Safety Manual (HSM) Implementation for the Nevada Department of Transportation (NDOT) as well as assisted with the Federal Highway Administration (FHWA) Scale and Scope of HSM Guidebook and the Guide for Scalable Risk Assessment Methods for Pedestrians and Bicyclists. Mike has worked on over 10 Local Road Safety Plans and has facilitated over 30 Road Safety Audits. He uses his experience and lessons learned to work with agencies to complete a data -driven analysis, select cost-effective solutions and identify funding for implementation. Relevant Experience • City of Santa Clarita, LRSP, Santa Clarita, CA - Principal -In -Charge Professional Credentials • Master of Science, Civil Engineering, California Polytechnic State University, San Luis Obispo • Bachelor of Science, Civil Engineering, California Polytechnic State University, San Luis Obispo • Professional Engineer in CA #60858 • Professional Traffic Operations Engineer #1601 • Road Safety Professional, #22 • Road Safety Professional21#7 • Road Safety Professional28#16 • City of Eastvale, SSAR, Eastvale, CA — QC/QA Manager • City of Goleta, Traffic Safety Study for the SSARP/LRSP, Goleta, CA — Principal -in -Charge • City of Santa Cruz, LRSP, Santa Cruz, CA — QC/QA Manager • Caltrans, California Strategic Highway Safety Plan Update and Implementation (SHSP), Statewide, CA —Project Manager • City of Simi Valley, LRSP, Simi Valley, CA— QC/QA Manager • City of Ventura, LRSP, Ventura County, CA — QC/QA Manager • City of Ventura, SSAR, Ventura, CA — Principal -in -Charge • County of Imperial, SSAR for Varied Roadways, Imperial County, CA — Principal -in -Charge • City of La Quinta, SSAR, La Quinta, CA — Principal -in -Charge • Regional Transportation Commission of Southern Nevada (RTC), Southern Nevada Transportation Safety Plan, Las Vegas, NV — Project Manager • Regional Transportation Commission of Southern Nevada (RTC), Nevada Statewide Bicycle Plan, Las Vegas, NV — Project Manager • Regional Transportation Commission of Southern Nevada (RTC), Las Vegas Boulevard Pedestrian Study, Las Vegas, NV — Project Engineer • Regional Transportation Commission of Southern Nevada (RTC), Regional Bicycle Network Gap Analysis, Las Vegas, NV — Principal -in -Charge • NDOT, Strategic Highway Safety Plan (SHSP), Statewide, NV— Project Manager • NDOT, Highway Safety Manual Implementation, Statewide, NV — Project Manager • NDOT, Road Safety Assessment Program, Statewide, NV — Project Manager City of Rosemead - RSRD96004.2022 Kimley»)Horn • 14 Jason Melchor, P.E. Professional Credentials Project Engineer • Bachelor of Science, Civil Engineering, Specialization in Transportation, University of California, Irvine Relevant Experience • City of Seal Beach, LRSP, Seal Beach, CA — Project Manager • City of Anaheim, LRSP, Anaheim, CA — Project Manager • City of Palm Desert, LRSP, Palm Desert, CA — Project Engineer • City of Perris, LRSP, Perris, CA — Project Engineer • City of Goleta, Traffic Safety Study for SSAR, Goleta, CA — Project Manager • City of Santa Cruz, LRSP, Santa Cruz, CA — Project Engineer • County of Ventura, LRSP, Ventura County, CA — Project Engineer • City of La Quinta, SSAR, La Quinta, CA — Project Engineer • City of Eastvale, SSAR, Eastvale, CA — Project Engineer • City of Ventura, SSAR, Ventura, CA — Project Engineer • City of Santa Clarita, SSAR, Santa Clarita, CA — Project Engineer • County of Imperial, SSAR for Varied Roadways, Imperial County, CA — Project Engineer • RCTD, Horizontal Curve Assessment, Riverside County, CA— Project Engineer • City of Santa Ana, Santa Ana Boulevard and 5th Street Bikeway, Santa Ana, CA — Project Engineer • City of Anaheim, Gene Autry Way Improvements, Anaheim, CA— QC/QA Reviewer City of Rosemead - RSRD96004.2022 Kimlep)Horn -15 • Professional Engineer in Jason is a professional engineer with more than 20 years of experience in traffic California #C65218 engineering and transportation planning. He has worked with clients in Orange, Los . Instutute of Transportation Engineers (ITE), Member Angeles, Riverside, and San Diego Counties to complete systemic safety studies, traffic . Orange County Traffic Engineering impact studies, and perform the technical analysis for a variety of safety projects, Council, Member transportation planning projects, parking studies, transit analysis, site plan reviews, and circulation studies. His traffic engineering experience includes traffic signal design, signing and striping, traffic control, and signal interconnect design plans. He has acted as in-house staff for the cities of Irvine and Huntington Beach to review development studies and design plans, In this role, Jason worked directly with developers and City staff to provide comments on plan and document submittals. Jason also has experience working with a variety of traffic engineering software programs and computer design packages. Relevant Experience • City of Seal Beach, LRSP, Seal Beach, CA — Project Manager • City of Anaheim, LRSP, Anaheim, CA — Project Manager • City of Palm Desert, LRSP, Palm Desert, CA — Project Engineer • City of Perris, LRSP, Perris, CA — Project Engineer • City of Goleta, Traffic Safety Study for SSAR, Goleta, CA — Project Manager • City of Santa Cruz, LRSP, Santa Cruz, CA — Project Engineer • County of Ventura, LRSP, Ventura County, CA — Project Engineer • City of La Quinta, SSAR, La Quinta, CA — Project Engineer • City of Eastvale, SSAR, Eastvale, CA — Project Engineer • City of Ventura, SSAR, Ventura, CA — Project Engineer • City of Santa Clarita, SSAR, Santa Clarita, CA — Project Engineer • County of Imperial, SSAR for Varied Roadways, Imperial County, CA — Project Engineer • RCTD, Horizontal Curve Assessment, Riverside County, CA— Project Engineer • City of Santa Ana, Santa Ana Boulevard and 5th Street Bikeway, Santa Ana, CA — Project Engineer • City of Anaheim, Gene Autry Way Improvements, Anaheim, CA— QC/QA Reviewer City of Rosemead - RSRD96004.2022 Kimlep)Horn -15 Kyle McCowan, AICP Project Planner Professional Credentials • Master of Urban Planning, University of Southern California • Bachelor of Science, Urban and Regional Planning, University of Arizona Kyle is an analyst in the traffic engineering field. His experience providing engineering • American Institute of Certified design support includes crash and roadway analyses, document review, and data Planners #33483 collection. Kyle has also been involved in the implementation of Goods Movement, Connected Vehicle, and Integrated Corridor Management (ICM) projects in southern California, where he utilized ArcGIS and design skills to prepare reports and maps of ITS infrastructure improvements. He is proficient with Synchro, Adobe Creative Suite, and SPSS. Relevant Experience • City of Santa Clarita, SSAR, Santa Clarita, CA — Analyst • City of Santa Clarita, LRSP, Santa Clarita, CA — Analyst • City of Eastvale, SSAR, Eastvale, CA — Analyst • City of Perris, LRSP, Perris, CA — Analyst • City of Palm Desert, LRSP, Palm Desert, CA — Analyst • City of Goleta, Traffic Safety Study for the SSARP/LRSP, Goleta, CA — Analyst • City of Chino, Engineering & Traffic Survey— Project Manager • City of Seal Beach, LRSP, Seal Beach, CA—Analyst • County of Imperial, SSAR for Varied Roadways, Imperial County, CA — Analyst • City of Indio, LRSP, Indio, CA—Analyst • County of Mono, SSAR, Mono County, NV — Analyst • City of Inglewood, Stadium Alternative Mitigation Measure: Intelligent Transportation Systems (ITS) Improvements, Inglewood, CA — Analyst • LA Metro, Arterial ITS Inventory Tool Expansion (ITS First), Los Angeles County, CA —Analyst • LA Metro, Los Angeles County Regional ITS Architecture (RITSA) Update, Los Angeles, CA —Analyst • City of Santa Clarita, ITS Phase VII, Santa Clarita, CA—Analyst • San Diego Association of Governments (SANDAG), San Diego and Western Riverside Counties Regional Park & Ride Strategy, San Diego/Western, Riverside, CA —Analyst City of Rosemead - RSRD96004.2022 Kimlep Horn ,16 Amanda Forsans ProjectAnalyst Professional Credentials • Bachelor of Science, Civil Engineering, McGill University Amanda's background is in civil engineering and applied mechanics backed by successful internship experience and knowledge of engineering methods, principles, specifications, and standards, She has experience working on LRSPs in the Southern California region and is very familiar with analysis required for these projects. Relevant Experience • City of Santa Clarita, LRSP, Santa Clarita, CA — Analyst • County of Ventura, LRSP, Ventura County, CA — Analyst • City of Seal Beach, LRSP, Seal Beach, CA — Analyst • City of Costa Mesa, LRSP, Costa Mesa, CA — Analyst • City of Indio, LRSP, Indio, CA —Analyst Zander Dally Professional Credentials ProjectAnalyst • Master of Science, Urban and Regional Planning, Florida State University • Bachelor of Science, International Relations, Florida State University Zander has technical skills in Mapping and Spatial Analysis, Graphic Design, Travel Demand Modeling, and Statistical Analysis. He is knowledgeable in ArcGIS (ArcPro, ArcMap, ArcScene, ArcCatelog, Story Map), Adobe Creative Cloud (Photoshop, InDesign, Illustrator), SketchUp, Canva, Bentley CUBE, IBM SPSS Statistics, and Microsoft Excel, Zander has previous experience working on LRSPs and similar transportation projects. Relevant Experience • City of Costa Mesa, LRSP, Costa Mesa, CA — Analyst • City of Seal Beach, LRSP, Seal Beach, CA — Analyst • City of Roseville, LRSP, Roseville, CA — Analyst • City of Tracy, LRSP, Tracy, CA —Analyst • City of Santa Maria, LRSP, Santa Maria, CA —Analyst • San Gabriel Valley Council of Governments, San Gabriel Valley Transit Feasibility Study, Los Angeles County, CA — Analyst • Los Angeles County Metropolitan Transportation Authority (Metro), North Hollywood to Pasadena BRT, Los Angeles County, CA — Analyst • San Manuel Band of Mission Indians, San Manuel Reservation and Casino Permitting, San Bernardino County, CA — Analyst City of Rosemead • RSRD96004.2022 KimleyoHorn -17 Crossroads Jeff Cullen llll Software IData Collection Professional Credentials • Bachelor of Science, Computer Science with Mathematics, California State University, Fullerton With more than 30 years of experience in the fields of traffic/transportation, computer applications, and software development, Jeff brings an ability to develop powerful yet practical programming/hardware solutions to each project. Some of his accomplishments in the area of computer applications for transportation engineering include: Designing, developing, and implementing software packages for traffic collision and citation reporting and analysis; traffic signal design; graphics and mapping; radar speed study analysis and summary; license plate matching; traffic signal timing and coordination; and transportation planning Using the Microsoft Windows-based Crossroads Software Collision Database package to design and implement application database systems for more than 430 agencies throughout California, Nevada, and Washington, including the cities of Los Angeles, Ventura, Long Beach, Redmond, Fresno, Stockton, and Las Vegas; the counties of Riverside, Los Angeles, Ventura, San Diego, Santa Clara, San Bernardino, and Santa Clara; and many others Developing a full -featured Traffic Control Device Inventory System using Microsoft Access complete with GIS mapping and work order tracking capabilities Supplementing Jeff's vast experience in computer systems and software development is hands-on involvement analyzing and summarizing data (utilizing Crossroads Software systems) and preparing traffic signal, preliminary engineering, and final design plans for numerous projects utilizing various design packages, Relevant Experience • City of Santa Clarita, LRSP, Santa Clarita, CA — Data Collection • City of Santa Clarita, Citywide SSAR, Santa Clarita, CA — Data Collection • City of Anaheim, LRSP, Anaheim, CA — Data Collection • City of Perris, LRSP, Perris, CA — Data Collection • City of Palm Desert, LRSP, Palm Desert, CA — Data Collection • City of Imperial Beach, LRSP, Imperial Beach, CA— Data Collection • City of Goleta, Traffic Safety Study for the SSAR/LRSP, Goleta, CA— Data Collection • City of Santa Cruz, LRSP, Santa Cruz, CA — Data Collection • City of Ventura, SSAR, Ventura, CA — Data Collection • City of Indio, LRSP, Indio, CA — Data Collection • City of La Quinta, SSAR, La Quinta, CA — Data Collection • County of Imperial, SSAR for Varied Roadways, Imperial County, CA —Data Collection City of Rosemead ® RSRD96004.2022 KimleyoHorn 18 Section 3. Company Qualifications Firm Overview Kimley-Horn, a corporation, is a full-service engineering, planning, and environmental consulting firm providing a comprehensive range of services to public and private clients throughout the United States. Founded in 1967, our company has grown from a small group of traffic engineers and transportation planners to a multidisciplinary firm of more than 5,500 in 99 offices nationwide. Our 11 California offices, including local offices in Downtown Los Angeles, Orange, Riverside, and San Diego, have more than 580 engineers, planners, designers, and technicians—affording us the depth of resources (financial, equipment, labor, and capacity) reasonably necessary to staff and execute virtually any assignment in response to the City's needs for this LRSP. We provide our clients with the local knowledge and responsiveness of a small organization, backed by the depth of resources only a national firm could offer. Our organizational structure is comprised of our local office practice leaders, technical and project support staff; a regional leader; production managers; and business, human resource, and marketing managers. This structure has led to financial stability within the firm. In addition, we uphold a disciplined focus on business fundamentals operate the firm conservatively, and our internal controls and business standards— promoted by our leadership team—are intended to keep our foundation strong. We have an untapped $10 million operating line of credit available for short-term cash flow needs. The firm's cash flow continues to be very robust, and we have no history of credit problems or bankruptcy. Kimley-Horn has more than acceptable resources and lines of credit to help acquire a successful partnership and project. Kimley-Horn does not have any conditions (e.g., bankruptcy, pending litigation, planned office closures, impending merger, etc.) that may impede in our ability to provide these services. Kimley-Horn's continued growth and stability over the past According to Engineering News -Record, 55 years is the direct result of our firm's commitment to integrity and devotion to Kimley-Horn ranks 10th in transportation providing quality services. The Kimley-Horn team is committed to providing the City among the nation's top 500 design firms. with high-quality solutions that will surpass your expectations. Experience and Qualifications Our proposed project team brings technical knowledge and partners that will enhance the progress of an accurate and effective LRSP. In summary, the Kimley-Horn team offers specialists for the following service areas to support you in this endeavor: 0 Ourtearn ra�lc Engineering. brings comprehensive traffic engineering experience in traffic engineering and operations and traffic studies and analyses, including the evaluation of operational characteristics, safety, capacity, circulation, flow, and access, Our traffic engineers are highly -trained and capable in using software—including VISSIM, CORSIM, HCS+, Synch ro/Si mTraff ic, SIDRA Intersection, Signal 2020, and Transyt-7F—to evaluate the operating conditions for existing or proposed roadway configurations. In addition, our staff has the ability to translate these analyses into easy -to -understand content for the general public, as well as public officials and other stakeholders. Detailed services we provide include: • Safety studies • High accident location studies • Access -Egress and internal circulation studies • Speed, classification, and volume studies • Origin -Destination studies • Traffic calming studies and cut -through analysis • Data collection • Collision analysis • Freeway, arterial, and intersection capacity analysis • Interchange justification/ modification reports • Traffic simulation/animation • Sidewalk needs studies • Asset inventory • Traffic Impact Analysis (fIA) studies • Roundabout feasibility studies • Median modification studies • Maintenance of traffic plans • Expert testimony LRSP Kimley-Horn understands that an LRSP is a proactive approach to safety analysis, Existing crash patterns show part of the safety picture, but only show us where crashes have occurred, not necessarily where conditions that elevate the risk of crashes exist. An LRSP is intended to identify high crash locations within a city or county and diagnose what conditions might contribute to that elevated crash activity. The LRSP then identifies countermeasures that can be applied systemically throughout the city or county where those conditions exist to remove those higher risk conditions before crashes occur. We recognize that an LRSP is not fixed in its scope or breadth and that City of Rosemead - RSRD96004.2022 Kimley»)Horn a 19 each jurisdiction faces unique safety challenges, driver behavior patterns, and historical roadway development. Our approach is to explore what is normal within the City of Rosemead. In an effort to provide completeness and to set safety benchmarks customized for the City, our approach will be to; • Refine the work plan with City staff • Conduct a citywide network screening to establish crash rate benchmarks for intersections and roadway segments • Identify locations with the highest crash volumes and highest risk factors based on network screening (from the designated corridors and intersections) • Map crash patterns at higher crash locations • Conduct field review of higher crash locations • Identify countermeasures that would likely reduce crashes • Establish template projects and benefit/cost assessments to produce short, medium, and long-term projects that the City can pursue funding for • Actively engage with stakeholders • Focus on driver behavior factors as well as roadway engineering ARUL Bicycle and Pedestrian Planning We prioritize implementable solutions that enable safe and comfortable access for multimodal users, accounting for bicyclists and pedestrians of various ages and abilities. Our bicycle and pedestrian planning experience includes municipal, regional, and statewide plans, corridors, and wayfinding studies. We have successfully actualized countless on -street bikeway, sidewalk, and greenway designs as well as innovative operational studies such as for in -road bicycle detection systems. We are frequently asked to take our bicycle and pedestrian planning projects from design to construction administration, demonstrating our clients' trust in the quality of our project delivery and resulting product. Traffic Data Collection Our team members are skilled at using manual and advanced technology to collect traffic data. Based on the need, our team can capture field data with basic methods or through the use of portable GPS devices that allow digital photo linking capabilities and direct importation into GIS mapping and software such as ESRI ArcGIS. We take care to obtain accurate data because it is the basis for a traffic study. Often, some data (such as accident reports or recent traffic counts) can be obtained from existing sources. However, if new data is needed, Kimley-Horn knows the criteria for data collection, documentation, and compilation. Grant Writing Our planning studies are geared toward practical, community-based solutions that meet the objectives of many grant programs. We have a consistent record of winning grants from the Active Transportation Program (ATP), Smart Growth Program, and HSIP. With our recent experience completing the statewide HSIP implementation plan, we have the most direct pipeline to obtaining funding. In the past few years alone, we have helped clients secure more than $200 million for the implementation of various projects. We can harness our experience to assist the City with understanding deadlines, application processes, and scoring criteria associated with grant funding. Identifying projects through the LRSP is an important first step; getting them funded and built is key to actualizing change. Caltrans Knowledge Kimley-Horn has completed projects in more than 70 municipalities in California, many of which involved some level of coordination with Caltrans. As a result, we have developed a clear understanding of standards, procedures, and local assistance programs. Our established relationships with Caltrans staff in various districts, including District 7, and our experience on the ongoing SHSP project will prove useful to future LRSPs. Kimley-Horn and the proposed team offer insights to navigating regulatory challenges, codes, procedures, and infrastructure requirements. City of Rosemead - RSRD96004.2022 Kimlep Horn • 20 Project Experience Kimley-Horn has vast consecutive experience working with local and state agencies to develop their safety projects across California (demonstrated by the map below). Project manager Darryl dePencier, AICP, GISP, RSP2B has 10+ years of safety experience alone, The following pages describe the applicable experience of the proposed team along with client references to demonstrate the depth of familiar projects and quality of Kimley-Horn's services within California. COUNTYLRSPS, SSARPS, AND RSSAS O Nevada County RSSA 0 Placer County RSSA G Marin County RSSA O San Joaquin County SSARP 4 Calaveras County RSSA O Stanislaus County RSSA 0 Mono County SSARP p Monterey County RSSA O Ventura County LRSP m Imperial County RSSA m San Benito County LRSP ® Sutter County LRSP ® Orange County LRSP 1 12 4 29 2 OVER 28 27 31 135 5 LRSPS a 7 (inther states 36 6 CITY LRSPS, SSARPS, AND RSSAS ® Sunnyvale SSARP m Goleta SSARP ® Ventura SSARP m Santa Clarita SSARP/LRSP m Lancaster SSARP/LRSP m Artesia LRSP G Anaheim LRSP G Eastvale SSARP ® La Quinta SSARP City of Rosemead o RS096004.2022 M ® Perris LRSP ® Imperial Beach LRSP m Moreno Valley RSA / RSSA ® Santa Cruz LRSP m Palm Desert LRSP ® Citrus Heights LRSP m Roseville LRSP m Rocklin LRSP m South San Francisco LRSP ® Rancho Cordova LRSP ® Indio LRSP ® San Clemente LRSP m Costa Mesa LRSP ® Seal Beach LRSP m Tracy LRSP ® Hollister LRSP m San Juan Bautista LRSP m Santa Maria LRSP 10 G Lincoln LRSP m Simi Valley LRSP m Agoura Hills LRSP G) West Hollywood LRSP p Chino LRSP G Menifee LRSP Q Maywood LRSP m Compton LRSP p Cudahy LRSP Kimley>»Horn a 21 I City of Artesia, LRSP, Artesia, CA Kimley-Horn is working with the City of Artesia to develop an LRSP that uses local crash histories to identify trends and patterns within the City that will inform the development of a customized countermeasure toolbox. The plan will identify locations with higher crash rates, higher crash costs, and crash patterns to determine the physical roadway characteristics and driver attributes that contribute to the largest number and highest severity of crashes. Project Team: Darryl dePencier, Project Manager; Jason Melchor, Project Engineer I City of Santa Clarita, SSAR/LRSP, Santa Clarita, CA Kimley-Horn developed a bicycle and pedestrian -focused SSAR for the City of Santa Clarita. The report focused on the locations and factors involved with bicycle and pedestrian crashes in the City and included a toolbox of countermeasures specifically tailored to improving bicycle and pedestrian safety. Kimley-Horn is also developing an LRSP focused on all roadway users. This plan uses a statistical evaluation of citywide crash data to identify emphasis areas that the City can focus on safety resources to reduce traffic injuries. The plan includes a broader countermeasure toolbox of engineering, policy, program, and enforcement measures that the City can draw from. Project Team: Darryl dePencier, Project Planner; Jean Fares, Project Manager; Kyle McGowan, Analyst I City of Anaheim, LRSP, Anaheim, CA The City of Anaheim received grant funding from Caltrans to conduct an LRSP to help the City identify and prioritize the most effective ways to improve traffic safety for all users, as part of a statewide goal to reduce traffic injuries and fatalities. The LRSP addresses safety through roadway improvements, measures to modify driver behavior, and improved emergency response. The LRSP has resulted in a set of data - driven recommendations, coupled with input from key stakeholders representing the four E's of safety included in the SHSP: engineering, enforcement, education, and emergency services. Kimley-Horn is developing the LRSP for the City, which includes a customized toolbox of countermeasures that address the most common local challenges that align with statewide funding priorities. Project Team: Darryl dePencier, Project Planner; Jason Melchor, Project Manager I City of Eastvale, SSAR, Eastvale, CA Kimley-Horn provided engineering services to prepare an SSAR with a focus on addressing safety concerns for vehicular and pedestrian patterns associated with available collision data for the most recent three- or five-year period for which data is available. The goal was to provide the City with an overall understanding of available traffic data and safety analysis to identify areas with a high risk for collisions that will allow the City to plan for future safety improvements for the short, mid, and long-term. Project Team: Darryl dePencier, Project Manager; Jason Melchor, Project Engineer I City of Perris, LRSP, Perris, CA Kimley-Horn assisted the City of Perris with their LRSP to help prioritize the most effective ways to improve traffic safety for all users, as part of a statewide goal to reduce traffic injuries and fatalities. The LRSP addressed safety through roadway improvements, measures to modify driver behavior, and improved emergency response. The LRSP resulted in a set of data -driven recommendations, coupled with input from key stakeholders representing the four E's of safety included in the SHSP; engineering, enforcement, education, and emergency services. Project Team: Darryl dePencier, Project Manager; Jason Melchor, Project Engineer; Kyle McGowan, Analyst I City of Imperial, LRSP, Imperial Beach, CA Kimley-Horn provided traffic safety services to prepare an LRSP, including a citywide traffic collisions analysis identifying safety issues throughout the City's road network. The overall goal of this project was to provide the City with a detailed understanding of high-risk locations for collisions and identify engineering, education, and enforcement countermeasures that would allow the City to plan for future safety improvements for the immediate, mid-range, and long-term. This document provided guidance on selecting projects that will be well defined for future grant cycles. The project involved partnership with Crossroads and detailed crash data analysis to identify the number of collisions collision risk factors and rates, collision types and severity, crash rates, and various environmental variables. Based on the findings for Imperial Beach having more frequent vulnerable user crashes (pedestrian, bicycle, motorcycle), infrastructure and non -infrastructure countermeasure recommendations to reduce the likelihood of future crashes were identified. The project also included public outreach and involvement to get feedback from residents. Project Team: Darryl dePencier, Project Planner City of Rosemead o RSRD96004.2022 Kimley»)Horn • 22 I City of Palm Desert, LRSP, Palm Desert, CA Kimley-Horn developed an LRSP for the City of Palm Desert that identified the trends and patterns for traffic collisions in the City and included a customized toolbox of countermeasures that address the most common local challenges that align with statewide funding priorities. Project Team: Darryl dePencier, Project Manager; Jean Fares, Principal -in -Charge; Kyle McGowan, Analyst I City of Santa Cruz, LRSP, Santa Cruz, CA Kimley-Horn is developing an LRSP for the City of Santa Cruz. The plan includes an evaluation of best safety practices and common safety challenges in the City. Our efforts included a field tour with key stakeholders while applying the necessary social distancing and safety measures. We accompanied the field investigation with successful virtual stakeholder meetings to gather additional stakeholder input. We have also included a customized toolbox of countermeasures that address the most common local challenges that align with statewide funding priorities. Project Team: Darryl dePencier, Project Manager I Caltrans, Strategic Highway Safety Plan (SHSP) Update and Implementation, Statewide, CA Kimley-Horn is leading California's 2020 to 2024 SHSP Update and Implementation, a multi -agency collaborative effort. The SHSP's mission is to provide a safe and sustainable transportation system for all motorized and nonmotorized users on all public roads in California. Kimley-Horn's role is to assist with SHSP development, action plans, and compliance with federal requirements. The final SHSP will provide guidance about areas of emphasis, make recommendations for improvement, and note responsible agencies and individuals for each action. Kimley-Horn will support Caltrans with overseeing implementation for the next several years. This project has required extensive coordination with a steering committee, executive committee, and several working groups. These groups meet at regular intervals, and a rigid deliverable schedule is required to get meaningful input from each of these groups. Kimley-Horn has successfully worked with Caltrans staff to keep the project on schedule and on budget, while remaining versatile enough to respond to feedback that occasionally shifts project priorities and objectives. Project Team: Mike Colety, Project Manager I Caltrans, Safety Performance Management Target Setting Analysis, Statewide, CA Kimley-Horn was selected for this project to assist Caltrans in coordinating with stakeholders across the state—including state agencies, MPOs, and tribal governments—to establish annual Safety Performance Measure Targets (SPMTs). Under the FAST Act, Caltrans is required to establish annual safety targets for each of the following five performance measures: 1) number of fatalities, 2) rate of fatalities, 3) number of serious injuries, 4) rate of serious injuries, and 5) number of non -motorized fatalities and non -motorized serious injuries. The project successfully set a process to assess roadway safety to assist with the planning on how to most effectively allocate safety funding. This project included stakeholder coordination and the development of a safety performance measure target dashboard developed with Tableau software. Some aspects of this dashboard are now available within the California SHSP Crash dashboard at hftps://shsp.dot.ca.gov/, Project Team: Darryl dePencier, Project Planner; Mike Colety, Project Manager City of Rosemead - RSRD96004.2022 Kimley>»Horn - 23 Section 4. References We are proud of our working relationships with our clients, and much of our success over the last 55 years is directly related to our efforts to provide consistent, high-quality, and timely services. The following is a list of five references that received similar services from Kimley-Horn within the last five years. We invite you to contact our clients directly for comment on the quality of Kimley-Horn's services. City of Santa Clarita, LRSP/SSARP 11 Mark Hunter, Transportation Planning Analyst 23920 Valencia Boulevard, Suite 300, Santa Clarita, CA 91355 661.286.4042 • mhunter@santa-clarita.com City of Perris, LRSP Stuart McKibbin, Contract City Engineer 24 South D Street, Suite 100, Perris, CA 92570 951.435.2108 • stuart@trilakeconsultants.com City of Palm Desert Randy Bowman, Senior Project Manager 73-510 Fred Waring Drive, Palm Desert, CA 92260 760.776.6493 • bowman@cityofpalmdesert.org City of Artesia Ernesto Sanchez, City Clerk 18747 Clarkdale Avenue, Artesia, CA 90701 562.865.6262 • esanchez@cityofartesia.us City of Santa Cruz Claire Gallogly, Transportation Planner 809 Center Street, Room 9, Santa Cruz, CA 95060 831.420.5030 • cgallogly@cityofsantacruz.com I've loved working with Kimley-Horn on this project. Darryl dePencier is our project manager and has done a great job keeping the project moving on time and on budget. The rest of the team has also been great to work with. Their work is high quality, communication clear, and product is immediately usable. They went the extra mile in assisting us with two HSIP applications this cycle based on their draft report, and we would have been unable to take on the extra work of those without their help. I'd highly recommend their team. SANTACRUZ Claire Gallogly, City of Santa Cruz City of Rosemead - RSRD96004.2022 Kimley>»Horn - 24 Section S. Standard City Contract and Insurance Requirements Kimley-Horn has reviewed the Professional Services Agreement and can accept the terms contained therein with the following exceptions. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services: Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, and services, amd Ineidental and eustafflary necessary to fully and adequately supply the professional [INSERT TYPE OF SER- VICES] services necessary for the Project, herein referred to a "Services". 3.5.6 Indemnity and Defense: b. Duty to Defend In the event the Agency, its officers, employees, agents and/or volunteers are made a party to any action, lawsuit, or other adversarial proceeding arising from the performance of the services encompassed by this agreement, and upon demand by Agency, Consultant shall defend the Agency at Consultant's cost or at Agency's option, to reimburse Agency for its costs of defense, including reasonable attorney's fees and costs incurred in the defense of such matters to the extent the matters arise from, relate to or are caused by Consultant's negligent acts, errors or omissions. Payment by Agency is not a condition precedent to enforcement of this provision. ta whethef "ability arises fraffl the sale of active negligence of the Ageney or its affieers, efflplayees, or agents, Gansultant will be abligated to pay faf Ageney's defense unt" such tiffle as a final judgfflent has been entered adjudicating the Agency In no event shall the cost to defend charged to the design professional exceed the design professional's proportionate percentage of fault. 3.5.9 Time of Essence: Time is of the essence for each and every provision of this Agreement, Consultant shall not have liability for any delays, expenses, losses, damages or be deemed in breach for liabilities which are caused by any factor outside of its reasonable control, including but not limited to natural disasters, epidemics, pandemics, quarantine restrictions. adverse weather, or acts of the City, third parties, or governmental agencies. Exhibit B — Insurance Requirements Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against negligent acts, errors or omissions of the consultant and "Covered Professional Services" [... I. City of Rosemead . RSRD96004.2022 Kimley»)Horn • 25 Section 6. Addenda Acknowledgement We acknowledge receipt of this RFP and all addenda. City of Rosemead RSRD96004.2022 Kimley) Horn ° 26 Fee Proposal Per the RFP, we have submitted our fee proposal in a separate sealed envelope. City of Rosemead o RSRD96004.2022 Kimley) Horn ° 27 Darryl dePencier, AICP, LISP, RSP2B Darryl.DePencier@kimZey-horn.com • 213.261.4039 660 South Figueroa Street, Suite 2050, Los Angeles, CA 90017 www.kimley-horn.com Kimlep Horn 0 _ILI00 Darryl dePencier, AICP, LISP, RSP2B Darryl.DePencier@kimZey-horn.com • 213.261.4039 660 South Figueroa Street, Suite 2050, Los Angeles, CA 90017 www.kimley-horn.com Kimlep Horn 0 Y aI a o a E LM v 21C Q m 0 O a C O � ,N O a` d m E u u C3 m aI v v w cu 0 0 O I `E i E m ca N W N O e-1 0 W N O N W 0 e'I V In N m m 1-/ n N N a 0 0 t0 Il ci m lzt N O r -i I/1 d' O O CO ri I- M a I:t M W M -1 01 O O Ol N M i N O W N H 1l N n W M'zt O W M M M M W H 01 O O Q� 0 a m m m m N W m a N W m N N m m N r N O N m H 0 0 �..� O V n M Vl O N I, N c -i N fn 0 lD co V1 01 m w W O r- V' N N to Lr N m N V M Ip V N r oc 0 Nad O F- VT �/} i!} lA V1 V? 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K U d •in L d E O ,O ate+ 41 >y J2' iJ N 0 n a o v o > U a` Mo. $ n g o o v c m a m a o - o E v❑ E U m 2 v v v r m> a3, m a '^ m a m 3 o v C o >w ami w m °' �' a o a a c s > F lL d Y a V7 J m ❑ tr 11 c.i l] l] EE J 0 to Ln 0o - Lo w O4 Y H N M d' Y H N 'Y N N M Y N N M Y N N�4 .--I '4 N l0 N N A M m ti N 4 4 4 INp In � 10 W lD 9 F f. 9 `E i E m ca Rate Schedule Kimley>>> Horn Rate Schedule Rates effective 3/1/2022 through 6/30/2023 Classification Darryl dePencier, Project Manager Jean Fares, Principal -in -Charge Mike Colety, QA/QC Sr. Professional II Sr. Professional Professional Analyst Billing Rate per Hour* $208.75 $343.90 $326.61 $273.67 $225.98 $189.41 $138.99 *Rates will be escalated annually by 5% on July l It beginning 7/1/2023 Other Direct Costs: Outside Printing/Reproduction, Delivery Services/USPS, Misc. Field Equipment/Supplies, and Travel Expenses will be billed at actual cost. Mileage will be billed at the Federal Rate. City of Rosemead . RSRD96004.2022 Kimley>»Horn Attachment B RFP Package CITY OF ROSEMEAD REQUEST FOR PROPOSALS FOR PLANNING & ENGINEERING SERVICES FOR THE PREPARATION OF LOCAL ROADWAY SAFETY PLAN (LRSP) RFP NO. 2022-04 SUBMITTALS: Three (3) bound copies and one (1) electronic PDF file on flash drive or CD of the proposal in sealed envelope(s) must be received by the City of Rosemead's City Clerk's Office by: no later than March 10, 2022 at 10:30 am CONTACT PERSON: Michael Chung, Director of Public Works City of Rosemead 8838 E. Valley Boulevard Rosemead, California 91770 (626) 569-2158 MChung@cityofrosemead.org PROPOSALS RECEIVED AFTER THE TIME AND DATE STATED ABOVE SHALL NOT BE CONSIDERED. FACSIMILE AND E-MAIL PROPOSAL WILL NOT BE ACCEPTED. Please direct any questions or concerns regarding this RFP to Michael Chung, Director of Public Works via email: MChungCa.cityofrosemead.org no later than 10 days prior to the RFP due date. Answers to submitted questions will be posted on the City's website. This RFP is posted on the City's website. Please review the requirements of the RFP and submit your proposal by the date specified. Issued by: Michael Chung, Director of Public Works City of Rosemead Page 1 CITY OF ROSEMEAD REQUEST FOR PROPOSALS FOR PLANNING & ENGINEERING SERVICES FOR THE PREPARATION OF LOCAL ROADWAY SAFETY PLAN (LRSP) RFP NO. 2022-04 A. INTRODUCTION/OBJECTIVE The purpose of this Request of Proposals (RFP) is to select the most -qualified Consultant to provide Planning & Engineering Services for the Preparation of Local Roadway Safety Plan (LRSP), RFP No. 2022-04. The City wishes to obtain these services under a Professional Services Agreement. B. BACKGROUND ABOUT THE CITY The City of Rosemead is an urban suburb located in the San Gabriel Valley, 10 miles east of downtown Los Angeles. It is bounded on the north by the cities of Temple City and San Gabriel, on the west by Monterey Park, Alhambra, and the unincorporated Los Angeles County community of South San Gabriel, on the south by Montebello, plus by EI Monte and South EI Monte on the east. The City is 5.5 square miles (2,344 - acres) in size. Rosemead is a working-class suburb with a diverse population base. According to the 2010 Census, the City had a population of 53,764. The estimated makeup of the City was 4.7% White, 0.3% African American, 60.3% Asian, 33% Hispanic/Latino (of any race), and 0.7% Non -Hispanic Other. As a substantially built -out city, Rosemead only added 259 residents to its population during the last decade (2000-2010). Rosemead's appeal as a new kind of small town in the heart of an urban environment is accomplished by honoring tradition, uniting in diversity, and evolving for the future. This is evident in Rosemead's Key Organizational Goals which aim to: improve public areas including infrastructure and community facilities; enhance public safety and the overall community environment and opportunities for residents through programs, services, education, and recreation; and ensure the City's financial stability in order to continually meet these goals and provide basic services to the community. Today, the city boasts that its goals include the improvement of quality of life offered in Rosemead in a business -friendly atmosphere conducive to continued economic growth and prosperity. The city offers a desirable and affordable community in which Page 2 to live and a dynamic and expanding business sector that is an economic growth engine for West Coast commerce. C. DESCRIPTION OF PROJECT AND SERVICES The purpose of this Request of Proposals (RFP) is to select the most -qualified Consultant to provide Planning & Engineering Services for the Preparation of Local Roadway Safety Plan (LRSP), RFP No. 2022-04. The scope of services to be provided by the selected consultant for this project includes the following: I. Project Management: The Consultant shall be responsible for providing all contract management and quality control services throughout the Plan development. The Consultant shall deliver a high quality product within budget and on schedule. The Consultant shall attend and organize a project kick-off meeting to discuss the goals, objectives, tasks, timeline, the City's expectations and Caltrans' grant requirements. The Project kick-off meeting shall outline the plan for completing all tasks. The Consultant shall assist the City with identifying potential stakeholders and facilitate coordination throughout the duration of the project. The Consultant shall coordinate and meet as -needed with the City to discuss the project, monitor project progress, prepare for upcoming tasks, debrief on completed tasks, and any required problem -solving to ensure the Plan development remains on schedule and within budget. II. Review of Existing Planning Documents The selected consultant will review the City's related planning documents, policies, plans, programs. documents, policies, programs, etc. The consultant shall produce an inventory of opportunity areas to facilitate safety improvements. The consultant will conduct a review of existing City resources and maintenance programs that address traffic safety needs to determine areas for improvement. The City's general plan is available to download on City website. III. Data Collection & Analysis The consultant shall collect collision data for the most recent 5 -year period. The consultant will use data collected from the Statewide Integrated Traffic Records System Page 3 (SWITRS). The consultant shall analyze citywide crash patterns to identify trends that indicate areas in need of additional detailed analysis. Crash patterns and priority listings shall be created by comparing similar roadways and intersection types. A separate pedestrian and bicycle assessment will be conducted. The consultant shall analyze existing intersection and roadway volume data and determine if additional data collection is necessary to perform crash location prioritization and benefit to cost ratios for priority rankings for the LRSP. The consultant shall assess high crash locations to determine the most likely contributing factors, matching crash activity with roadway characteristics such as volume, roadway cross-sections, speed limits, intersection control, street lights, and other features that may impact safety. IV. Countermeasure Development The consultant shall identify opportunity areas and factors to build a safety mitigation toolbox that includes proven, cost-effective measures that will best address the most prevalent safety challenges in the City. The consultant shall recommend specific mitigations for high crash locations and locations in need of specific detailed analysis. The consultant shall develop a programmatic approach to implement safety mitigations citywide. V. Implementation Program The consultant shall develop a strategy for implementing safety measures included in the toolbox and a means to monitor safety outcomes to evaluate which measures are most effective. This shall include identifying potential projects for future grant applications, measures that can be included in regular maintenance cycles, and potential updates to City design standards to better align with safety best practices. The consultant shall develop recommendations for education and enforcement programs for City consideration and future HSIP and/or Office of Traffic Safety (OTS) grant solicitation. The consultant shall make recommendations for Staff and Council consideration, for fiscal and employee resources necessary for a continued, sustained and successful effort to achieve traffic safety goals and meet Vision Zero objectives after LRSP adoption. VI. LSRP Development The consultant shall create a 60% Submittal, 85% Submittal and Final Local Roadway Page 4 Safety Plan to document the findings of the previous tasks. It is intended that the LSRP will act as the City's first Annual Traffic Safety Report and will be used as a template for future traffic safety reports conducted by the City. The consultant shall circulate and/or present the Draft Plans to identified stakeholders. The consultant shall respond to all comments and incorporate feedback received on the Draft LRSP in to the Final Local Roadway Safety Plan to present the implementation program for the City to follow and for the City to update as projects are completed and new data becomes available. D. PROPOSAL SUBMISSION Proposals shall be submitted in 2 separate sealed envelopes as follows: 1. Technical Proposal, 3 bound copies and 1 PDF file on thumb drive 2. Fee Schedule, 1 bound copy and 1 PDF file on thumb drive Proposal submittal due date is: March 10, 2022, at 10:30 a.m. Proposals shall be addressed to: City of Rosemead -City Hall City Clerk's Office 8838 E. Valley Blvd. Rosemead, CA 91770 Attn : Ericka Hernandez, City Clerk Late Proposals will not be accepted. E. CONSULTANT SELECTION SCHEDULE Release of Requests for Proposals Submittal of Questions Response to Questions Proposal Due Date Proposal Review/Evaluation Optional Interview (if required) Tentative award of contract Page 5 February 17, 2022 March 3, 2022 by 5:00 pm March 7, 2022 March 10, 2022 by 10:30 am March 2022 March 2022 April 2022 Tentative City Council award April 2022 Tentative Start date April 2022 F. STANDARD CITY CONTRACT AND INSURANCE REQUIREMENTS City's Standard Professional Services Agreement is provided as Attachment. Please review and provide any comments you have. City does not guarantee that any revisions to contract will be accepted. G. CONSULTANT SELECTION METHODOLOGY The City will evaluate the Proposals submitted, and select the most qualified consultant. In evaluating the Proposals, the City may consider the following factors: ■ Completeness of the RFP and compliance with the required format. ■ Project understanding and approach to provide the requested services efficiently. ■ Experience and qualifications of the project team members. ■ Experience and qualifications of the firm. ■ Experience in local area and project requirements and process. ■ Experience in working as an extension of City staff and providing services in similar capacities with minimal direction from City staff. During the evaluation process, the City may also contact listed references (or request additional references), and include the feedback received in the evaluation factors listed above as applicable. H. PROPOSAL SUBMITTAL FORMAT Proposal shall be submitted in the format specified below: Cover Letter: Provide an executive summary of your proposal. Table of Contents: Provide contents of proposal with page number references foreach proposal section listed below. Section 1. Approach, and Scope of Work: Provide your understanding of the project, scope of work, and describe your approach in providing services. Section 2. Project Team, Key Personnel and Resumes: Provide an organization chart showing the names and responsibilities of key personnel and subconsultants. Provide resumes of all key personnel identified in the organization chart. Page 6 Section 3. Company Qualifications: Provide qualifications of your, emphasize similar services provided, and local experience. Section 4. References: Provide 5 Public Agency references for similar projects. Section 5. Standard City Contract and Insurance Requirements: Proposers shall review the attached Standard City Contract and Insurance Requirements and provide a statement that they will comply with all aspects of the Agreement or provide any comments that they would like the City to consider. Section 6. Addenda Acknowledgement: If any Addenda is issued by the City, they shall be acknowledged in this section. Fee Proposal In a separate sealed envelope, please submit a not to exceed fee proposal listing a detailed cost for each task and sub -task; including work classification, rate, and estimated hours for each subtask of work. The general Scope of Services outlined herein is only provided as a guide in this Request for Proposals. Consultants shall provide a detailed Scope of Services in their submitted Work Proposal as necessary to reflect the method and procedure in which they intend to provide the required professional services, consistent with the general Scope of Services. Provide your firm's current Hourly Fee Rates for staff classifications who might work on this project. I. PROTEST PROCEDURES This section sets forth the protest remedies available with respect to the RFP. Each prospective consultant, by submitting its Proposal, expressly recognizes the limitation on its rights to protest contained herein, and expressly waives all other rights and remedies. Each prospective consultant agrees that the decision on any protest, as provided herein, will be final and binding on the protestant. All protests and related statements described in this section shall be submitted to: City of Rosemead -City Hall 8838 E. Valley Blvd. Rosemead, CA 91770 Attn: Ericka Hernandez, City Clerk J. DEBRIEFING Proposers who submit a proposal in response to the RFP shall be notified in writing when the proposer was not selected to receive further consideration. Page 7 K. PUBLIC RECORDS ACT Proposals may be subject to public disclosure under the California Public Records Act and other public records laws, and by submitting a proposal, the proposer waives all rights to confidentiality of any information submitted in the proposal and agrees to any and all such disclosures required or permitted by law. Proposals become the property of the City when submitted and by submitting a proposal, the proposer agrees that the City may use any information, documentation or writing contained in the proposal for any the City purpose. #7T��Z�1�`�7_[�iZ�11�=1:17-�► [+� �+�� �+�Z�] �I� IlC�3 t�j i�C=l3�»�7�7�13��C�7 The City is not liable for any pre -contractual expenses incurred by any proposer or by any selected consultant. Each proposer shall protect, defend, indemnify, and hold harmless the City from any and all liability, claims, or expenses whosever incurred by, or on behalf of, the entity participating in the preparation of its response to this RFP. Pre -contractual expenses are defined as expenses incurred by proposers and the selected consultant, if any, in: ■ Preparing and submitting information in response to this RFP ■ Negotiations with the City on any matter related to this procurement ■ Costs associated with interviews, meetings, travel or presentations ■ All other expenses incurred by a proposer/consultant prior to the date of award and a formal notice to proceed. The City reserves the right to amend, withdraw and cancel the RFP. The City reserves the right to reject all responses to this request at any time prior to contract execution, or only award a partial M. QUESTIONS REGARDING THIS RFP Please direct any questions or concerns regarding this RFP to Michael Chung, Director of Public Works via email: MChung ancityofrosemead.org no later than 10 days prior to the RFP due date. Answers to submitted questions will be posted on the Cities' website. ATTACHMENTS: Attachment A - Standard City Contract and Insurance Requirements Page 8 Attachment A - Standard City Contract and Insurance Requirements Attachment A PROFESSIONAL SERVICES AGREEMENT NAME OF PROJECT (CONTRACTOR NAME) 1. PARTIES AND DATE. This Agreement is made and entered into this this INSERT DATE (Effective Date) by and between the City of Rosemead, a municipal organization organized under the laws of the State of California with its principal place of business at 8838 E. Valley Blvd., Rosemead, California 91770 ("City") and CONTRACTOR NAME with its principal place of business at ADDRESS ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties." 2. RECITALS. 2.1 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing TYPE OF SERVICE to public clients, is licenced in the State of California and is familiar with the plans of City. 2.2 Project. City desires to engage Consultant to render PROJECT SERVICE OR NAME ("Services") as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the TYPE OF SERVICE services necessary for the City, herein referred to a "Services". The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the CONSULTANT Page 2 of 11 exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be for a INSERT TERM YEAR year time period from Effective date with the option for up to two (2) one-year extensions at the sole and absolute discretion of the City, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of the Agreement, and shall meet any other established shcedules and deadlines. 3.2 Responsibilities of Consultant. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be CONSULTANT Page 3 of 11 promptly removed from the Project by the Consultant at the request of the City. 3.2.5 City's Representative. The City hereby designates the City Manager, or his or her designee, to act as its representative for the performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Consultant shall not accept direction or orders from any person other than the City's Representative or his or her designee. 3.2.6 Consultant's Representative. Consultant will designate to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services: Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees: Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. 3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged CONSULTANT Page 4 of 11 failure to comply with such laws, rules or regulations. 3.2.10 Insurance: Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit B attached to and part of this agreement. 3.2.11 Safety: Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.3 Fees and Payments. 3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement and shall not exceed INSERT COST AMOUNT per fiscal year. The City agrees to pay Consultant a fee of INSERT COST AMOUNT WRITTEN ($INSERT NUMBERICAL COST) a month. Extra Work may be authorized in writing, as described below, and will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Consultant shall submit to City a monthly itemized statement which indicates work completed and Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon. 3.3.3 Reimbursement for Expenses: Consultant shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.4 Extra Work: At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative. 3.3.5 Prevailing Wages: Consultant is aware of the requirements of CONSULTANT Page 5 of 11 California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft; classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4 Accounting Records. 3.4.1 Maintenance and Inspection: Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.5 General Provisions. 3.5.1 Termination of Agreement. 3.5.1.1 Grounds for Termination: City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. 3.5.1.2 Effect of Termination: If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents/ Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.5.1.3 Additional Services: In the event this Agreement is CONSULTANT Page 6 of 11 terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: CONSULTANT: NAME ADDRESS Attn : Tel: CITY: City of Rosemead 8838 E. Valley Boulevard Rosemead, CA 91770 Attn: City Manager Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.3 Ownership of Materials and Confidentiality. 3.5.3.1 Documents & Data; Licensing of Intellectual Property: This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, CONSULTANT Page 7 of 11 written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.5.4 Cooperation; Further Acts: The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.5 Attorney's Fees: If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all costs of such action. 3.5.6 Indemnification: To the fullest extent permitted by law, Consultant shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Consultant, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Consultant shall defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents or volunteers. 3.5.7 Entire Agreement: This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior CONSULTANT Page 8 of 11 negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.5.8 Governing Law: This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 3.5.9 Time of Essence: Time is of the essence for each and every provision of this Agreement. 3.5.10 City's Right to Employ Other Consultants: City reserves right to employ other consultants in connection with this Project. 3.5.11 Successors and Assigns: This Agreement shall be binding on the successors and assigns of the parties. 3.5.12 Assignment or Transfer: Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.13 Construction; References; Captions: Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subcontractors of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.5.14 Amendment; Modification: No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.15 Waiver: No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.5.16 No Third Party Beneficiaries: There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.17 Invalidity; Severability: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the CONSULTANT Page 9 of 11 remaining provisions shall continue in full force and effect. 3.5.18 Prohibited Interests: Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City's Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.19 Equal Opportunity Employment: Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.5.20 Labor Certification: By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5.21 Authority to Enter Agreement: Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.22 Counterparts: This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6 Subcontracting. CONSULTANT Page 10 of 11 3.6.1 Prior Approval Required: Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. [Signatures on next page] CONSULTANT Page 11 of 11 CITY OF ROSEMEAD CONTRACTOR By: By: City Manager Date Date Attest: City Clerk Date Name: Title: [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED] Approved as to Form: By: Date City Attorney Name: Title: PROPOSAL FOR SERVICES/ RATE SCHEDULE/RESUME W EXHIBIT B INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of the Work, Consultant will maintain insurance in conformance with the requirements set forth below. Consultant will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Consultant agrees to amend, supplement or endorse the existing coverage to do so. Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City. Consultant shall provide the following types and amounts of insurance: Commercial General Liability Insurance: Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. Automobile liability insurance: Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than 1,000,000 combined single limit for each accident. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured's liability is determined, not requiring actual payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Consultant, subconsultants or others involved in the Work. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $1 Million per occurrence. C-1 Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Bests rating of A- or better and a minimum financial size Vll. General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010. Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. C-2 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self insurance available to City. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11. Consultant agrees not to self -insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City. If Consultant's existing coverage includes a deductible or self-insured retention, the deductible or self- insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or selfinsured retention, substitution of other coverage, or other solutions. 12.The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. C-3 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. 17.The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all- inclusive. 19.These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 20.The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not C-4 the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. C-5 Attachment C Professional Services Agreement with Kimley-Horn PROFESSIONAL SERVICES AGREEMENT PLANNING & ENGINEERING SERVICES FOR THE PREPARATION OF LOCAL ROADWAY SAFETY PLAN (LRSP) (KIMLEY-HORN) 1. PARTIES AND DATE. This Agreement is made and entered into this this Day of , 20 (Effective Date) by and between the City of Rosemead, a municipal organization organized under the laws of the State of California with its principal place of business at 8838 E. Valley Blvd., Rosemead, California 91770 ("City") and Kimley-Horn a California Corporation with its principal place of business at 660 South Figueroa Street, Suite 200, Los Angeles, CA 90017 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties." 2. RECITALS. 2.1 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing Planning & Engineering consulting services to public clients, is licensed in the State of California and is familiar with the plans of City. 2.2 Project. City desires to engage Consultant to render Planning & Engineering Services for the Preparation of Local Roadway Safety Plan (LRSP) ("Services") as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. Kimley-Horn Page 2 of 12 3.1.1 General Scope of Services: Consultant promises and agrees to. furnish to the City all labor, materials, tools, equipment and servicesnecessary to fully and adequately supply the professional Planning & Engineering services necessary for the Project, herein referred to a "Services". The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be for a 1 year period from the Effective Date shown above, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. 3.2 Responsibilities of Consultant. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services: Consultant shall perform the Services expeditiously, within the term of this Agreement. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements: All work prepared by Consultant shall be subject to the approval of City. Kimley-Horn Page 3 of 12 3.2.4 Substitution of Key Personnel: Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. 3.2.5 City's Representative: The City hereby designates the City Manager, or his or her designee, to act as its representative for the performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Consultant shall not accept direction or orders from any person other than the City's Representative or his or her designee. 3.2.6 Consultant's Representative: Consultant hereby designates Jean Fares, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her professional skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services: Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees: Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant represents that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Kimley-Horn Page 4 of 12 Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. 3.2.9 Laws and Regulations: Consultant shall keep itself fully informed of and in compliance with applicable local state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any liability to the extent found to be arising out of any failure to comply with such laws, rules or regulations. 3.2.10 Insurance: Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit B attached to and part of this agreement. 3.2.11 Safety: Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of its employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.3 Fees and Payments. 3.3.1 Compensation: Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement and shall not exceed Forty Eight Thousand Six Hundred Nineteen Dollars and Ninety Four Cents ($48,619.94) and in accordance with consultant's proposal dated March 10, 2022. Consultant's proposal is hereby incorporated and found in Exhibit "A". Extra Work may be authorized in writing, as described below, and will be compensated at the rates and manner set forth in this Agreement. Kimley-Horn Page 5 of 12 3.3.2 Payment of Compensation: Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 30 days of receiving such statement, review the statement and pay all approved charges thereon. 3.3.3 Reimbursement for Expenses: Consultant shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.4 Extra Work: At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative. 3.3.5 Prevailing Wages: Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws to the extent they are applicable to Consultant. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft; classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at the Consultant's principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4 Accounting Records. 3.4.1 Maintenance and Inspection: Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, Kimley-Horn Page 6 of 12 and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.5 General Provisions. 3.5.1 Termination of Agreement. 3.5.1.1 Grounds for Termination: City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. 3.5.1.2 Effect of Termination: If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents/ Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.5.1.3 Additional Services: In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices: All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: CONSULTANT: Kimley-Horn 660 South Figueroa Street, Suite 200 Los Angeles, CA 90017 Attn: Jean Fares Tel: (213) 261-4040 CITY: City of Rosemead 8838 Valley Boulevard Rosemead, CA 91770 Attn: Michael Chung. P.E. Director of Public Works Kimley-Horn Page 7 of 12 Such notice shall be deemed made when personally delivered or when mailed, forty- eight (48) hours by certified mail or deposit in the U.S. Mail, first-class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.3 Ownership of Materials and Confidentiality. 3.5.3.1 Documents & Data; Licensing of Intellectual Property: This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. The Documents & Data are intended for use solely with respect to the project for which they were prepared. Any reuse or modification by City shall be at City's sole risk. 3.5.3.2 Confidentiality: All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. Kimley-Horn Page 8 of 12 3.5.4 Cooperation; Further Acts: The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.5 Attorney's Fees: If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all costs of such action as part of prevailing party's total damages as determined by court of competent jurisdiction or as agreed upon by the parties in settlement. 3.5.6 Indemnity and Defense. a. Indemnity and Defense To the fullest extent permitted by law, Consultant shall indemnify and hold harmless Agency and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all losses, liabilities, damages, costs and expenses, including legal counsel's fees and costs, to the extent caused by the negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any agency or individual that Consultant shall bear the legal liability thereof) in the performance of services under this agreement. Consultant's duty to indemnify and hold harmless Agency shall not extend to the Agency's sole or active negligence. b. Duty to Defend In the event the Agency, its officers, employees, agents and/or volunteers are made a party to any action, lawsuit, or other adversarial proceeding arising from the performance of the services encompassed by this agreement, and upon demand by Agency, Consultant shall defend the Agency at Consultant's cost or at Agency's option, to reimburse Agency for its costs of defense, including reasonable attorney's fees and costs incurred in the defense of such matters to the extent the matters arise from, relate to or are caused by Consultant's negligent acts, errors or omissions. Payment by Agency is not a condition precedent to enforcement of this provision. In the event of any dispute between Consultant and Agency, as to whether liability arises from the sole or active negligence of the Agency or its officers, employees, or agents, Consultant will be obligated to pay for Agency's defense until such time as a final judgment has been entered adjudicating the Agency as solely or actively negligent. In no event shall the cost to defend charged to the design professional exceed the design professional's proportionate percentage of fault. 3.5.7 Entire Agreement: This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior Kimley-Horn Page 9 of 12 negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.5.8 Governing Law: This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 3.5.9 Time of Essence: Time is of the essence for each and every provision of this Agreement. Consultant shall not have liability for any delays, expenses, losses, damages or be deemed in breach for liabilities which are caused by any factor outside of its reasonable control, including but not limited to natural disasters, epidemics, Pandemics, quarantine restrictions, adverse weather, or acts of the City, third parties, or governmental agencies. 3.5.10 City's Right to Employ Other Consultants: City reserves right to employ other consultants in connection with this Project. 3.5.11 Successors and Assigns: This Agreement shall be binding on the successors and assigns of the parties. 3.5.12 Assignment or Transfer: Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.13 Construction; References; Captions: Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subcontractors of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.5.14 Amendment; Modification: No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. Kimley-Horn Page 10 of 12 3.5.15 Waiver: No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.5.16 No Third Party Beneficiaries: There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.17 Invalidity; Severability: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.18 Prohibited Interests: Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City's Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.19 Equal Opportunity Employment: Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.5.20 Labor Certification: By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. Kimley-Horn Page 11 of 12 3.5.21 Authority to Enter Agreement: Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.22 Counterparts: This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6 Subcontracting. 3.6.1 Prior Approval Required: Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. [Signatures on next Page] Kimley-Horn Page 12 of 12 CITY OF ROSEMEAD Ben Kim, Acting City Manager Date Attest: Ericka Hernandez, City Clerk Date Approved as to Form: KIMLEY-HORN By: Name: Title: [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED] Name: Rachel Richman Date City Attorney Title: EXHIBIT A SCOPE OF SERVICES/ RATE SCHEDULE EXHIBIT B INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of the Work, Consultant will maintain insurance in conformance with the requirements set forth below. Consultant will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Consultant agrees to amend, supplement or endorse the existing coverage to do so. Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City. Consultant shall provide the following types and amounts of insurance: Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less than $1,000,000 per accident. If Consultant owns no vehicles, this requirement may be satisfied by a non -owned auto endorsement to the general liability policy described above. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. Workers Compensation on a state -approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident or disease. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a "pay on behalf basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured's liability is determined, not requiring actual payment by the insured first. There shall be no cross- liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Consultant, subconsultants or others involved in the Work. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $1 Million per occurrence. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against negligent acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of" the insured and must include a provision establishing the insurer's duty to defend. the Named Insured. The policy retroactive date shall be on or before the effective date of this agreement. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Bests rating of A- or better and a minimum financial size Vll. General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third -party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 (or otherwise consistent with the insurer's endorsement). Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. A ten (10) day notice to City shall apply to nonpayment of premiums. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage (except Professional Liability and Workers' Compensation) required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self-insurance available to City. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11. Consultant agrees not to self -insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City. If Consultant's existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. 17. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features, or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.