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CC SR 20190416 J - Peninsula Wide Safe Routes to School Plan RANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 04/16/2019 AGENDA REPORT AGENDA HEADING: Consent Calendar AGENDA DESCRIPTION: Consideration and possible action to award a professional services agreement for the design of Peninsula-Wide Safe Routes to School Plan. RECOMMENDED COUNCIL ACTION: (1) Award a professional services agreement to KOA Corporation for the design of the Peninsula-Wide Safe Routes to School Plan in an amount not to exceed $234,990; and (2) Authorize an additional appropriation of $28,675 from the CIP Reserve Fund; and (3) Authorize the Mayor and City Clerk to execute a professional services agreement with KOA Corporation. FISCAL IMPACT: $28,675 Amount Budgeted: $0 Additional Appropriation: $28,675 Local Match $221,325 Grant Amount $250,000 Project Total Account Number(s): 332-400-XXXX-8005 Expenditure 332-300-XXXX-3302 Revenue ORIGINATED BY: Nadia Carrasco, Assistant Engineer REVIEWED BY: Elias Sassoon, PE, Director of Public Works APPROVED BY: Doug Willmore, City Manager ATTACHED SUPPORTING DOCUMENTS: A. Grant Agreement, Resolution No. 2018-52 and Scope of Work (page A-1) B. KOA’s Statement of Qualifications and Technical Proposal (page B-1) C. KOA’s Professional Services Agreement (page C-1) BACKGROUND AND DISCUSSION: In February 2018, the City applied for a grant for the Peninsula-Wide Safe Routes to School Plan. The proposed project will benefit 18 public schools (approximately 13,750 students) by improving mobility and accessibility for students and their families to safely walk or bike to/from school within a half-mile radius of each school. On July 31, 2018, the City Council adopted Resolution No. 2018-52 to enter into a contract with the California Department of Transportation accepting a grant in the amount of $221,325, with a local match of $28,675, for a total project amount of $250,000 (Attachment A). 1 On October 1, 2018, the City received the Notice to Proceed from Caltrans authorizing the City to proceed with the project. The Consultant will guide the planning process and develop the Peninsula-Wide Safe Routes to School Plan (SRTSP). As part of the procurement process, Staff advertised and solicited Statements of Qualification (SOQ). Three SOQs were received from qualified consulting firms: Alta Planning + Design, KOA Corporation and Willdan Engineering. All three SOQs and technical proposals were evaluated and the three firms were interviewed on March 5 and 6, 2019. KOA Corporation was selected by Staff to assist the City as it demonstrated to be the most qualified (Attachment B). KOA’s proposed services and project schedule are in-line with the City’s expectations for a project completion date of October 2020. Its proposed hourly rates and associated fees are reasonable and consistent with industry standards. The completion of the planning and design of this p roject will take approximately 22 months. ALTERNATIVES: In addition to the Staff recommendation, the following alternative action is available for the City Council’s consideration: 1. Discuss other options that may be appropriate 2 SUSTAINABLE COMMUNITIES GRANTS (STATE – SB 1) RESTRICTED GRANT AGREEMENT THIS RESTRICTED GRANT AGREEMENT (RGA), between the State of California acting by and through its Department of Transportation, referred to herein as CALTRANS, and the City of Rancho Palos Verdes, hereinafter referred to as AGENCY, will commence on October 1, 2018, or upon approval by CALTRANS, whichever occurs later. This RGA is of no effect unless approved by CALTRANS. AGENCY shall not receive payment for work performed prior to approval of the RGA and before receipt of notice to proceed by the CALTRANS Contract Manager. This RGA shall expire on February 28, 2021. RECITALS 1. Under this RGA, and pursuant to Budget Act Line Item 2660-102-3290, CALTRANS intends to convey State restricted grant funds to AGENCY, who will conduct transportation studies and planning within the regional area under the jurisdiction of AGENCY under the terms, covenants and conditions of this RGA. 2. CALTRANS and AGENCY intend that only funds that are authorized as restricted grants will be subject to this RGA, and that no funds that should be the subject of a Joint Powers Agreement, Interagency Agreement, or other non-grant agreement shall be subject to this RGA. NOW, THEREFORE, based upon the terms, covenants and conditions of this RGA, the parties agree as follows: SECTION I AGENCY AGREES: To timely and satisfactorily complete all Project Work described in Attachment II within the project budget and in accordance with the items of this RGA. SECTION ll CALTRANS AGREES: That when conducting an audit of the costs claimed by AGENCY under the provisions of this RGA, to conduct the audit in accordance with applicable laws and regulations. A-1 SECTION lII IT IS MUTUALLY AGREED: 1. Under this RGA, CALTRANS will convey State grant restricted funds to AGENCY, pursuant to Budget Act Line Item 2660-102-3290, and AGENCY will conduct transportation studies and planning within the project area described in Attachment II. The funds subject to this RGA must be (a) identified as available for a restricted grant in CALTRANS’s budget and (b) for the purpose of conducting transportation studies or planning and (c) to a public entity that is responsible for conducting transportation studies or planning. 2. Under this restricted grant, funds may be only used for the purpose set forth in RGA, Resolution (Attachment I), Scope of Work and Project timeline (Attachment II), and Grant Application Guide, available at: http://www.dot.ca.gov/hq/tpp/offices/orip/Grants/grants.html, and funds may only be used for costs and expenses that are directly related to such purpose. 3. AGENCY shall perform all the duties and obligations described in the “Peninsula- Wide Safe Routes to School Plan,” hereinafter the Project, subject to the terms and conditions of this RGA. The Approved Project Grant Application (Scope of Work and Project timeline), which are attached hereto as Attachment II. 4. The resolution authorizing AGENCY to execute this RGA pertaining to the above described Project is attached hereto as Attachment I. 5. All services performed by AGENCY pursuant to this RGA shall be performed in accordance with California Senate Bill No. 1 (SB-1) (Chapter 5, Statutes of 2017), also known as the Road Repair and Accountability Act of 2017, including, but not limited to, Government Code Section 14460(a)(1), as well as all applicable Federal, State, and Local laws, regulations, and ordinances, all applicable CALTRANS policies and procedures, and all applicable CALTRANS published manuals, including, but not limited to, the Grant Application Guide. California Government Code Section 14460(a)(1) provides: “The department [CALTRANS], and external entities that receive state and federal transportation funds from the department, are spending those funds efficiently, effectively, economically, and in compliance with applicable state and federal requirements. Those external entities include, but are not limited to, private for profit and nonprofit organizations, local transportation agencies, and other local agencies that receive transportation funds either through a contract with the department or through an agreement or grant administered by the department.” In case of conflict between any applicable Federal, State and Local laws, regulations, and ordinances, and/or any applicable policies, procedures or published manuals of either CALTRANS or AGENCY, the order of precedence of the applicability of same to this Agreement shall be established in this order: 1) Federal laws and regulations; 2) California laws and regulations; 3) CALTRANS policies, procedures, and published manuals; 4) Local ordinances; and 5) AGENCY policies, procedures, and published manuals. This RGA may not include any federal funds. A-2 6. Project funding is as follows: FUND TITLE FUND SOURCE DOLLAR AMOUNT Road Maintenance and State (SB-1) $221,325.00 Rehabilitation Account (RMRA) LOCAL MATCH Agency Provided $28,675.00 Total Project Costs $250,000.00 No in-kind contributions may be made unless the amount and type of the contribution is identified above. 7. This RGA is exempt from legal review and approval by the Department of General Services, pursuant to Legal Opinions of the Attorney General: 58 Ops.Cal.Atty.Gen. 586 (1975), 63 Ops.Cal.Atty.Gen. 290 (1980), 74 Ops.Cal.Atty.Gen. 10 (1991), and 88 Ops.Cal.Atty.Gen. 56. 8. Notification of Parties a. AGENCY’s Project Managers for PROJECT is Elias Sassoon. b. CALTRANS’s Contract Manager is Melanie Bradford. “Contract Manager” as used herein includes his/her designee. c. All notices herein provided to be given, or which may be given, by either party to the other, shall be deemed to have been fully given when made in writing and received by the parties at their respective addresses: City of Rancho Palos Verdes Attention: Elias Sassoon, Grantee Project Manager Phone Number: (310) 544-5335 Email: esassoon@rpvca.gov 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 California Department of Transportation District 7, Planning Attention: Melanie Bradford, Contract Manager Phone Number: (213) 897-9446 Email: Melanie.Bradford@dot.ca.ogv 100 South Main Street Los Angeles, CA 90012 9. Period of Performance a. Reimbursable work under this RGA shall begin no earlier than on October 1, 2018, following the written approval of CALTRANS and AGENCY’s receipt of the Notice to Proceed letter of this RGA by the CALTRANS Contract Manager, and will expire on February 28, 2021. A-3 b. AGENCY will attend a kickoff meeting with CALTRANS to be scheduled within one (1) week from receipt of Notice to Proceed letter by the CALTRANS Contract Manager. 10. Changes in Terms/Amendments This RGA may only be amended or modified by mutual written agreement of the parties. 11. Cost Limitation a. The maximum total amount granted and reimbursable to AGENCY pursuant to this RGA by CALTRANS shall not exceed $221,325.00. b. It is agreed and understood that this RGA fund limit is an estimate and that CALTRANS will only reimburse the cost of services actually rendered in accordance with the provisions of this RGA and as authorized by the CALTRANS Contract Manager at or below that fund limitation established herein. 12. Termination a. CALTRANS reserves the right to terminate this RGA upon written notice to AGENCY at least thirty (30) days in advance of the effective date of such termination in the event CALTRANS determines (at its sole discretion) that AGENCY failed to proceed with PROJECT work in accordance with the terms of this RGA. In the event of termination for convenience, CALTRANS will reimburse AGENCY for all allowable, authorized and non-cancelled costs up to the date of termination. b. This RGA may be terminated by either party for any reason by giving written notice to the other party at least thirty (30) days in advance of the effective date of such termination. In the event of termination for convenience, CALTRANS will reimburse AGENCY for all allowable, authorized and non-cancelled costs up to the date of termination. c. AGENCY has sixty (60) days after the Termination Date to submit invoices to CALTRANS to make final allowable payments for Project costs in accordance to the terms of this RGA. Failure to submit invoices within this period of time shall result in a waiver by AGENCY of its right to reimbursement of expended costs. 13. Budget Contingency Clause a. It is mutually agreed that if the U.S. Congress or the State Legislature fail to appropriate or allocate funds during the current year and/or any subsequent years covered under this RGA do not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, CALTRANS shall have no liability to pay any funds whatsoever to AGENCY or to furnish any other considerations under this Agreement and AGENCY shall not be obligated to perform any provisions of this RGA. b. If funding for any fiscal year is reduced or deleted by the U.S. Congress or the State Legislature for purposes of this program, CALTRANS shall have the option to either A-4 terminate this Agreement with no liability occurring to CALTRANS, or offer a RGA Amendment to AGENCY to reflect the reduced amount. 14. Payment and Invoicing a. The method of payment for this RGA will be based on the actual allowable costs that are incurred in accordance with the provisions of this Agreement and in the performance of the Project W ork. CALTRANS will reimburse AGENCY for expended actual allowable direct costs and including, but not limited to labor costs, travel, and contracted consultant services costs incurred by AGENCY in performance of the Project work. Indirect costs are reimbursable only if the AGENCY has an approved Indirect Cost Allocation Plan or an Indirect Cost Rate Proposal as set forth in Section III – Cost Principles, Item 16.d. The total cost shall not exceed the cost reimbursement limitation set forth in Section III – Cost Limitations, Item 11.a. Actual costs shall not exceed the estimated wage rates, labor costs, travel and other estimated costs and fees set forth in Attachment II without an amendment to this RGA, as agreed between CALTRANS and AGENCY. b. Reimbursement of AGENCY expenditures will be authorized only for those allowable costs actually incurred by AGENCY in accordance with the provisions of this Agreement and in the performance of the Project W ork. AGENCY must not only have incurred the expenditures on or after the start date and the issuance of the Notice to Proceed letter for this RGA and before the Expiration Date, but must have also paid for those costs to claim any reimbursement. c. Travel expenses and per diem rates are not to exceed the rate specified by the State of California Department of Human Resources for similar employees (i.e. non-represented employees) unless written verification is supplied that government hotel rates were not then commercially available to AGENCY, its sub- recipients, contractors, and/or subcontractors, at the time and location required as specified in the California Department of Transportation's Travel Guide Exception Process at the following link: http://www.dot.ca.gov/hq/asc/travel/ap_b/bu1.htm Also see website for summary of travel reimbursement rules. d. AGENCY shall submit invoices to CALTRANS at least quarterly but no more frequently than monthly in arrears for completion of milestones in accordance with the Project Timeline in Attachment II to the satisfaction of the CALTRANS Contract Manager. Invoices shall reference this RGA Number and shall be signed and submitted to the CALTRANS Contract Manager at the following address, as stated in Section III – Notification of Parties, Item 8.c. e. Invoices shall include the following information: 1) Names of the AGENCY personnel performing work 2) Dates and times of Project W ork 3) Locations of Project Work 4) Itemized costs as set forth in Attachment II, including identification of each A-5 employee, contractor or subcontractor staff who provided services during the period of the invoice, the number of hours and hourly rates for each employee, contractor, sub-recipient or subcontractor staff member, authorized travel expenses with receipts, receipts for authorized materials or supplies, and contractor, sub-recipient and subcontractor invoices. 5) AGENCY shall submit written progress reports with each set of invoices to allow the CALTRANS Contract Manager to determine if AGENCY is performing to expectations, is on schedule, is within funding cost limitations, to communicate interim findings, and to afford occasions for airing difficulties respecting special problems encountered so that remedies can be developed. f. Incomplete or inaccurate invoices shall be returned to the AGENCY unapproved for correction. Failure to submit invoices on a timely basis may be grounds for termination of this RGA for material breach per Section III – Termination, Item 12. g. CALTRANS will reimburse AGENCY for all allowable Project costs at least quarterly but no more frequently than monthly in arrears as promptly as CALTRANS fiscal procedures permit upon receipt of an itemized signed invoi ce. h. The RGA Expiration Date refers to the last date for AGENCY to incur valid Project costs or credits and is the date the RGA expires. AGENCY has sixty (60) days after that Expiration Date to make final allowable payments to Project contractors or vendors, and submit the Project’s Final Product(s) as defined in Attachment II and a final invoice to CALTRANS for reimbursement for allowable Project costs. Any unexpended Project funds not invoiced by the sixtieth (60th) day will be reverted and will no longer be accessible to reimburse late Project invoices. 15. Local Match Funds a. AGENCY shall contribute not less than a proportional cash amount toward the services described herein on a monthly or quarterly basis. The frequency of the payments shall be agreed upon by the parties in a document signed by both parties. Notwithstanding the foregoing, to the extent that in-kind contributions are permitted under this Agreement, the contributions may be counted as cash when they are actually received by CALTRANS. Except where expressly allowed in writing herein, reimbursement of credits for local matching funds will be made or allowed only for work performed on and after the date of issuance of the Notice to Proceed and prior to the Expiration Date of this RGA. b. Local cash and in-kind match requirements can be found at: http://www.dot.ca.gov/hq/tpp/offices/orip/Grants/grants.html, Grants Application Guide. AGENCY agrees to contribute the statutorily required local contribution of matching funds if any is specified within this RGA or in any Attachment hereto, toward the actual cost of the services described in Attachment II. AGENCY shall contribute not less than its required match amount toward the services described herein. Local cash and in-kind match requirements can be found at the Office of A-6 Regional Planning (ORP) website: http://www.dot.ca.gov/hq/tpp/offices/orip/Grants/grants.html 16. Cost Principles a. AGENCY agrees to comply with Title 2, Code of Federal Regulations (CFR), Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. b. AGENCY agrees, and will assure that its contractors and subcontractors will be obligated to agree, that (a) Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual Project cost items and (b) all parties shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. Every sub-recipient receiving Project funds as a sub-recipient, contractor, or subcontractor under this RGA shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards to the extent applicable. c. Any Project costs for which AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, and/or Part 48, Chapter 1, Part 31, are subject to repayment by AGENCY to CALTRANS. Should AGENCY fail to reimburse moneys due CALTRANS within thirty (30) days of discovery or demand, or within such other period as may be agreed in writing between the parties hereto, CALTRANS is authorized to intercept and withhold future payments due AGENCY from CALTRANS or any third-party source, including, but not limited to, the State Treasure r, the State Controller or any other fund source. d. Prior to AGENCY seeking reimbursement of indirect costs, AGENCY must prepare and submit annually to CALTRANS for review and approval an indirect cost rate proposal and a central service cost allocation plan (if any) in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards and Chapter 5 of the Local Assistance Procedures Manual which may be accessed at: http://www.dot.ca.gov/hq/LocalPrograms/lam/lapm.htm. e. AGENCY agrees and shall require that all of its agreements with consultants and sub-recipients contain provisions requiring adherence to this section in its entirety except for section c, above. 17. Americans with Disabilities Act By signing this RGA, AGENCY assures CALTRANS that in the course of performing Project work, it will fully comply with the applicable provisions of the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.) A-7 18. Indemnification Neither CALTRANS nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by AGENCY, its officers, employees, agents, its contractors, its sub-recipients, or its subcontractors under or in connection with any work, authority or jurisdiction conferred upon AGENCY under this RGA. It is understood and agreed that AGENCY, shall fully defend, indemnify and save harmless CALTRANS and all of CALTRANS’s officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortuous, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by AGENCY, its officers, employees, agents, contractors, sub-recipients, or subcontractors under this RGA. 19. Nondiscrimination Clause (2 CCR 11105 Clause b) a. During the performance of this RGA , the AGENCY , its contractors, its sub - recipients, and its subcontractors shall not deny the contract's benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. AGENCY shall ensure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. b. AGENCY shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, § 12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, § 11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code, §§ 11135-11139.5), and the regulations or standards adopted by CALTRANS to implement such article. c. AGENCY shall permit access by representatives of the Department of Fair Employment and Housing and CALTRANS upon reasonable notice at any time during the normal business hours, but in no case less than twenty four (24) hours' notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or CALTRANS shall require to ascertain compliance with this clause. d. AGENCY and its contractors, its sub-recipients, and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. e. AGENCY shall include the nondiscrimination and compliance provisions of this clause in all agreements with its sub-recipients, contractors, and subcontractors, and shall include a requirement in all agreements with all of same that each of them in A-8 turn include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts they enter into to perform work under the RGA. 20. Retention of Records/Audits a. AGENCY, its contractors, subcontractors and sub-recipients, agree to comply with Title 2, Code of Federal Regulations (CFR), Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. b. AGENCY, its contractors, subcontractors and sub-recipients shall establish and maintain an accounting system and records that properly accumulate and segregate incurred Project costs and matching funds by line. The accounting system of AGENCY, its contractors, all subcontractors, and sub-recipients shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices. All accounting records and other supporting papers of AGENCY, its contractors, subcontractors and sub-recipients connected with Project performance under this RGA shall be maintained for a minimum of three (3) years from the date of final payment to AGENCY and shall be held open to inspection, copying, and audit by representatives of CALTRANS, the California State Auditor, and auditors representing the federal government. Copies thereof will be furnished by AGENCY, its contractors, its subcontractors and sub- recipients upon receipt of any request made by CALTRANS or its agents. In conducting an audit of the costs and match credits claimed under this RGA, CALTRANS will rely to the maximum extent possible on any prior audit of AGENCY pursuant to the provisions of State and AGENCY law. In the absence of such an audit, any acceptable audit work performed by AGENCY’s external and internal auditors may be relied upon and used by CALTRANS when planning and conducting additional audits. c. For the purpose of determining compliance with applicable State and AGENCY law in connection with the performance of AGENCY’s contracts with third parties pursuant to GC Section 8546.7, AGENCY, AGENCY’s sub-recipients, contractors, subcontractors, and CALTRANS shall each maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts. All of the above referenced parties shall make such materials available at their respective offices at all reasonable times during the entire Project period and for three (3) years from the date of final payment to AGENCY under this RGA. CALTRANS, the California State Auditor, or any duly authorized representative of CALTRANS or the United States Department of Transportation, shall each have access to any books, records, and documents that are pertinent to a Project for audits, examinations, excerpts, and transactions, and AGENCY shall furnish copies thereof if requested. d. AGENCY, its sub-recipients, contractors, and subcontractors will permit access to all records of employment, employment advertisements, employment application forms, and other pertinent data and records by the State Fair Employment A-9 Practices and Housing Commission, or any other agency of the State of California designated by CALTRANS, for the purpose of any investigation to ascertain compliance with this RGA. e. Additionally, all grants may be subject to a pre-award audit prior to execution of the RGA to ensure AGENCY has an adequate financial management system in place to accumulate and segregate reasonable, allowable and allocable costs. f. Any contract with a contractor, subcontractor, or sub-recipient entered into as a result of this RGA Agreement shall contain all the provisions of this article. 21. Disputes a. Any dispute concerning a question of fact arising under this RGA that is not disposed of by agreement shall be decided by the CALTRANS Contract Officer, who may consider any written or verbal evidence submitted by AGENCY. The decision of the CALTRANS Contract Officer shall be the CALTRANS’s final decision regarding the dispute. b. Neither the pendency of a dispute nor its consideration by the CALTRANS Contract Officer will excuse AGENCY from full and timely performance in accordance with the terms of the RGA. 22. Third-Party Contracts a. AGENCY shall perform the work contemplated with resources available within its own organization and no portion of the work shall be contracted to a third party without prior written authorization by CALTRANS Contract Manager unless expressly included (sub-recipient identified) in Attachment II as part of the identified Project work. b. All State-government-funded procurements must be conducted using a fair and competitive procurement process. AGENCY may use its own procurement procedures as long as the procedures comply with the local AGENCY’s laws, rules, and ordinances governing procurement and all applicable provisions of state law, including without limitation the requirement that the AGENCY endeavor to obtain at least three (3) competitive bids for solicitation of goods, services and consulting services (see Part 2, Chapter 2, Articles 3 and 4 of the Public Contract Code); a qualifications-based solicitation process, for which statements of qualifications are obtained from at least three (3) qualified firms for architecture and engineering services (see Title 1, Division 5, Chapter 10 of the Government Code); and, the provisions of the Local Assistance Procedures Manual (LAPM), Chapter 10, which are not inconsistent with this section 23, Third Party Contracts. The LAPM can be found and the following link: http://www.dot.ca.gov/hq/LocalPrograms/lam/lapm.htm#LAPMop1. c. Any contract entered into as a result of this RGA shall contain all the provisions stipulated in this RGA to be applicable to AGENCY’s sub-recipients, contractors, and subcontractors. Copies of all agreements with sub-recipients, contractors, and subcontractors must be submitted to the CALTRANS Contract Manager. A-10 d. CALTRANS does not have a contractual relationship with the AGENCY’s sub- recipients, contractors, or subcontractors and the AGENCY shall be fully responsible for all work performed by its sub -recipients, contractors, or subcontractors. e. Prior authorization in writing by the CALTRANS Contract Manager shall be required before AGENCY enters into any non-budgeted purchase order or sub- agreement for supplies, or consultant services. AGENCY shall provide an evaluation of the necessity or desirability of incurring such costs. AGENCY shall retain all receipts for such purchases or services and shall submit them with invoices per Section III, Item 14e.4, above. f. Any contract entered into by AGENCY as a result of this RGA shall mandate that travel and per diem reimbursements and third-party contract reimbursements to sub-recipients, contractors and subcontractors will be allowable as Project costs only after those costs are incurred and paid for by the sub-recipients, contractors, and subcontractors. Travel expenses and per diem rates for subcontractors shall be reimbursed pursuant to Section III, Item 14c, above. 23. Drug-Free Workplace Certification By signing this RGA, AGENCY hereby certifies under penalty of perjury under the laws of California that AGENCY will comply with the requirements of the Drug-Free Workplace Act of 1990 (GC Section 8350 et seq.) and will provide a Drug-Free workplace by doing all of the following: a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by GC Section 8355(a). b. Establish a Drug-Free Awareness Program as required by GC Section 8355(a)(2)) to inform employees about all of the following: 1) The dangers of drug abuse in the workplace. 2) The person's or organization's policy of maintaining a Drug-Free workplace; 3) Any available counseling, rehabilitation, and employee assistance programs. 4) Penalties that may be imposed upon employees for drug abuse violations. c. Provide, as required by GC Section 8355(a)(3), that every employee who works on the proposed contract or grant: 1) Will receive a copy of the company's Drug-Free policy statement. 2) Will agree to abide by the terms of the company's statement as a condition of employment on the contract or grant. d. Failure to comply with these requirements may result in suspension of payments A-11 under this RGA or termination of this RGA or both, and AGENCY may be ineligible for the award of any future state contracts if CALTRANS determines that any of the following has occurred: (1) AGENCY has made a false certification or, (2) AGENCY violates the certification by failing to carry out the requirements as noted above. 24. Relationship of Parties It is expressly understood that this RGA is an agreement executed by and between two independent governmental entities and is not intended to, and shall not be construed to, create the relationship of agent, servant, employee, partnership, joint venture or association, or any other relationship whatsoever other than that of an independent party. 25. State-Owned Data a. AGENCY agrees to comply with the following requirements to ensure the preservation, security, and integrity of State-owned data on portable computing devices and portable electronic storage media: 1) Encrypt all State-owned data stored on portable computing devices and portable electronic storage media using government-certified Advanced Encryption Standard (AES) cipher algorithm with a 256-bit or 128-bit encryption key to protect CALTRANS data stored on every sector of a hard drive, including temp files, cached data, hibernation files, and even unused disk space. 2) Data encryption shall use cryptographic technology that has been tested and approved against exacting standards, such as FIPS 140-2 Security Requirements for Cryptographic Modules. 3) Encrypt, as described above, all State-owned data transmitted from one computing device or storage medium to another. 4) Maintain confidentiality of all State-owned data by limiting data sharing to those individuals contracted to provide services on behalf of the State, and limit use of State information assets for State purposes only. 5) Install and maintain current anti-virus software, security patches, and upgrades on all computing devices used during the course of the Agreement. 6) Notify the CALTRANS Contract Manager immediately of any actual or attempted violations of security of State-owned data, including lost or stolen computing devices, files, or portable electronic storage media containing State-owned data. 7) Advise the owner of the State-owned data, the AGENCY Information Security Officer, and the AGENCY Chief Information Officer of vulnerabilities that may present a threat to the security of State-owned data and of specific means of protecting that State-owned data. A-12 b. AGENCY agrees to use the State-owned data only for State purposes under this RGA. c. AGENCY agrees to not transfer State-owned data to any computing system, mobile device, or desktop computer without first establishing the specifications for information integrity and security as established for the original data file(s). (State Administrative Manual (SAM) Section 5335.1) 26. Assumption of Risk and Indemnification Regarding Exposure to Environmental Health Hazards In addition to and not a limitation of the AGENCY’s indemnification obligations contained elsewhere in this Agreement, the AGENCY hereby assumes all risks of the consequences of exposure of AGENCY’s employees, agents, sub-recipients, contractors and subcontractors, contractors and subcontractors’ employees, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, to any and all environmental health hazards, local and otherwise, in connection with the perform ance of this Agreement. Such hazards include, but are not limited to, bodily injury and/or death resulting in whole or in part from exposure to infectious agents and/or pathogens of any type, kind or origin. AGENCY also agrees to take all appropriate safety precautions to prevent any such exposure to AGENCY’s employees, agents, sub- recipients, contractors and subcontractors, contractors and subcontractors’ employees, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement. AGENCY also agrees to indemnify and hold harmless CALTRANS, the State of California, and each and all of their officers, agents, sub-recipients, and employees, from any and all claims and/or losses accruing or resulting from such exposure. Except as provided by law, AGENCY also agrees that the provisions of this paragraph shall apply regardless of the existence or degree of negligence or fault on the part of CALTRANS, the State of California, and/or any of their officers, agents, and/or employees. 27. Mandatory Organic Waste Recycling It is understood and agreed that pursuant to Public Resources Code §42649.8 et. seq, if AGENCY generates four (4) cubic yards of organic waste per week the AGENCY shall arrange for organic waste recycling services. “Organic waste” means food waste, green waste, landscape and pruning waste, non -hazardous wood waste, and food-soiled paper waste that is mixed in food. The AGENCY shall take at least one of the following actions: 1) Source separate organic waste from other waste and subscribe to a basic level of organic waste recycling service that includes collection and recycling of organic waste. 2) Recycle its organic waste onsite or self -haul its own organic waste for recycling. 3) Subscribe to an organic waste recycling service that may include mixed waste processing that specifically recycles organic waste. A-13 When applicable, AGENCY must comply with these provisions. 28. Project Close Out/Final Product a. AGENCY will provide two (2) electronic versions of the Final Product(s) to the CALTRANS Contract Manager. b. CALTRANS reserves the right to withhold final payment to AGENCY pending receipt of Final Product(s) to the CALTRANS Contract Manager. 29. OWNERSHIP OF PROPRIETARY PROPERTY a. Definitions 1) Work: The work to be directly or indirectly produced by AGENCY under this RGA. 2) Work Product: All deliverables created or produced from Work under this Agreement including but not limited to, all Work and Deliverables conceived or made, or made hereafter conceived or made, either solely or jointly with others during the term of this Agreement and during a period of six (6) months after the termination thereof, which relates to the Work commissioned or performed under this Agreement. “Work Product” includes all deliverables, inventions, innovations, improvements, or other works of authorship AGENCY and/or AGENCY’s contractor, subcontractor and/or sub-recipient may conceive of or develop in the course of this Agreement, whether or not they are eligible for patent, copyright, trademark, trade secret, or other legal protection. 3) Inventions: Any idea, methodologies, design, concept, technique, invention, discovery, improvement or development regardless of p atentability made solely by AGENCY or jointly with the AGENCY’s contractor, subcontractor and/or sub-recipient and/or the AGENCY’s contractor, subcontractor and/or sub- recipient’s employees with one or more employees of CALTRANS, during the term of this Agreement and in performance of any Work under this Agreement, provided that either the conception or reduction to practice thereof occurs during the term of this Agreement and in performance of Work issued under this Agreement. b. OWNERSHIP OF WORK PRODUCT AND RIGHTS 1) Ownership of Work Product: Except in regard to Pre-existing Works, all Work Product derived by the Work performed by the AGENCY, its employees or by any of the AGENCY’s contractor’s, subcontractor’s and/or sub-recipient’s employees under this Agreement, shall be owned by CALTRANS and shall be considered to be works made for hire by the AGENCY and AGENCY’s contractor, subcontractor, and/or sub-recipient for CALTRANS. CALTRANS shall own all United States and international copyrights in the Work Product. As such, all Work Product shall contain, in a conspicuous place, a copyright designation consisting of a “c” in a circle followed by the four-digit year in which the Work Product was produced, followed by the words “California A-14 Department of Transportation. All Rights Reserved” For example, a Work Product created in the year 2012 would contain the copyright designation © 2012 California Department of Transportation. All Rights Reserved. 2) Vesting of Copyright Rights: AGENCY, its employees and all of AGENCY’s contractor’s, subcontractor’s and sub-recipient’s employees agrees to perpetually assign, and upon creation of each Work Product automatically assigns, to CALTRANS, its successors and assigns, ownership of all United States and international copyrights in each and every Work Product, insofar as any such Work Product, by operation of law, may not be considered work made for hire by the AGENCY’s contractor, subcontractor and/or sub-recipient from CALTRANS. From time to time upon CALTRANS’s request, the AGENCY’s contractor, subcontractor, and/or sub-recipients and/or its/their employees, shall confirm such assignments by execution and delivery of such assignments, confirmations or assignment, or other written instruments as CALTRANS may request. CALTRANS, its successors and assigns, shall have the right to obtain and hold in its or their own name(s) all copyright registrations and other evidence of rights that may be available for Work Product. AGENCY hereby agrees to waive all moral rights relating to identification of authorship restriction or limitation on use, or subsequent modifications of the Work. c. INVENTIONS 1) Vesting of Patent Ownership: The AGENCY, its employees and all AGENCY’s contractors, subcontractors and sub-recipients hereby agrees to assign to CALTRANS, its successors, and assigns, all Inventions, together with the right to seek protection by obtaining patent rights therefore and to claim all rights or priority there under, and the same shall become and remain CALTRANS’s property regardless of whether such protection is sought. The AGENCY, its employees and AGENCY’s contractor, subcontractor and sub- recipient shall promptly make a complete written disclosure to CALTRANS of each Invention not otherwise clearly disclosed to CALTRANS in the pertinent Work Product, specifically pointing out features or concepts that the AGENCY, its employees and/or AGENCY’s contractor, subcontractor and/or sub-recipient believes to be new or different. The AGENCY, its employees and AGENCY’s contractor, subcontractor and sub-recipient shall, upon CALTRANS’s request and at CALTRANS’s expense, cause patent applications to be filed thereon, through solicitors designated by CALTRANS, and shall sign all such applications over to CALTRANS, its successors, and assigns. The AGENCY, its employees and AGENCY’s contractor, subcontractor and sub-recipient shall give CALTRANS and its solicitors all reasonable assistance in connection with the preparation and prosecution of any such patent applications and shall cause to be executed all such assignments or other instruments or documents as CALTRANS may consider necessary or appropriate to carry out the intent on this Agreement. A-15 2) Agency: In the event that CALTRANS is unable for any reason whatsoever to secure the AGENCY’s, its employees and/or AGENCY’s contractor’s, subcontractor’s and/or sub-recipient’s signature to any lawful or necessary document required or desirable to apply for or prosecute any United States application (including renewals or divisions thereof), AGENCY, its employees and AGENCY’s contractor, subcontractor, and sub-recipient hereby irrevocably designates and appoints CALTRANS and its duly authorized officers and agents, as its agent and attorney-in-fact, to act for and on AGENCY, its employees and AGENCY’s contractor’s, subcontractor’s, and/ sub-recipient behalf and stead, to execute and file such applications and to do all other lawfully permitted acts to further the prosecution and issuance of any copyrights, trademarks or patents thereon with the same legal force and effect as if executed by AGENCY, its employees and AGENCY’s contractor, subcontractor and sub-recipient. CALTRANS shall have no obligations to file any copyright, trademark or patent applications. d. ADDITIONAL PROVISIONS 1) Avoidance of infringement: In performing services under this Agreement, AGENCY and its employees agree to avoid designing or developing any items that infringe one or more patents or other intellectual property rights of any third party. If AGENCY or its employees becomes aware of any such possible infringement in the course of performing any Work under this Agreement, AGENCY or its employees shall immediately notify CALTRANS in writing. 2) Pre-existing Works and License: AGENCY acknowledges that all Work Product shall be the sole and exclusive property of CALTRANS, except that any Pre-existing Works created by AGENCY and third parties outside of the Agreement but utilized in connection with the Agreement (the “Pre-existing Works”) shall continue to be owned by AGENCY or such parties. AGENCY agrees to notify CALTRANS in writing of any Pre-existing Works used in connection with any Work Product produced under this Agreement and hereby grants to CALTRANS a non-exclusive, perpetual, royalty-free license to utilize the Pre-existing Works in connection with the Work Product. 3) Contractors, Subcontractors, and Sub-recipients: Through contract with its sub-recipients, contractors, and subcontractors, AGENCY shall affirmatively bind by contract all of its contractors, subcontractors, sub-recipients, and service vendors (hereinafter “AGENCY’s Contractor/ Subcontractor/Sub- recipient”) providing services under this Agreement to conform to the provisions of this Exhibit. In performing servic es under this Agreement, AGENCY’s Contractor/Subcontractor/Sub-recipient shall agree to avoid designing or developing any items that infringe one or more patents or other intellectual property rights of any third party. If AGENCY’s Contractor/Subcontractor/Sub-recipient becomes aware of any such possible infringement in the course of performing any Work under this Agreement, AGENCY’s Contractor/Subcontractor/Sub-recipient shall immediately notify the AGENCY in writing, and AGENCY shall then immediately notify CALTRANS in writing. A-16 e. OWNERSHIP OF DATA 1) Upon completion of all Work under this Agreement, all intellectual property rights, ownership and title to all reports, documents, plans, specifications, and estimates, produced as part of this Agreement will automatically be vested in CALTRANS and no further agreement will be necessary to transfer ownership to CALTRANS. The AGENCY shall furnish CALTRANS all necessary copies of data needed to complete the review and approval process. 2) It is understood and agreed that all calculations, drawings, and specifications, whether in hard copy of machine readable form, are intended for one -time use in the construction of the project for which this Agreement has been entered into. 3) AGENCY is not liable for claims, liabilities or losses arising out of, or connected with, the modification or misuse by CALTRANS of the machine readable information and data provided by AGENCY under this Agreement; further, AGENCY is not liable for claims, liabilities or losses arising out of, or connected with, any use by CALTRANS of the project documentation on other projects, for additions to this project, or for the completion of this project by others, excepting only such use as may be authorized, in writing, by AGENCY. 4) Any sub-agreement in excess of $25,000.00, entered, into as a result of this Agreement, shall contain all of the provisions of this clause. A-17 A-18 A-19 A-20 SCOPE OF WORK Peninsula-Wide Safe Routes to School Plan INTRODUCTION The City of Rancho Palos Verdes requests funding to develop a Peninsula-Wide Safe Routes to School Plan (SRTS Plan) for 18 public elementary, middle, and high schools located on Palos Verdes Peninsula. Sixteen of the schools (11,400 students) are part of the Palos Verdes Peninsula Unified School District (PVPUSD) and two schools (2,350 students) are part of the Los Angeles Unified School District (LAUSD). Need: Currently, there is no comprehensive Peninsula-Wide SRTS Plan and none of the schools have any real formal individual SRTS Plans. In the past, a few schools have initiated plans, but none were funded or implemented to any great degree, and only initial steps were completed, such as the creation of school pedestrian routes for one or two schools. Safety is the driving issue behind the need for the SRTS Plan. As the Peninsula schools do not offer school bus transportation for the students, they must walk, bike or be driven to school, which increases traffic exponentially during drop-off and pick-up times. The unique geography of the Peninsula, with over 25 miles of two-lane roads, creates traffic flow and safety concerns. Collision data between motorists and pedestrian/ bicyclists gathered within a half mile of the 18 Palos Verdes Peninsula schools show that, during the 10-year period from 2006-2016, there were a total of 100 collisions resulting in 2 fatalities, 8 severe injuries and 88 other injuries (Source: Transportation Injury Mapping System). Partners/Collaborators: The City proposes to hire an experienced consultant to develop the Peninsula-Wide SRTS Plan. The City and the consultant will collaborate with Caltrans Transportation Planning and Environmental Planning Departments regarding issues of active transportation, safety and mobility, and greenhouse gas (GHG) reduction. Additionally, the City and consultant will convene representatives from the school districts and individual schools, Palos Verdes Peninsula cities, parent PTA organizations, law enforcement, and the health department to engage in this stakeholder- driven planning project. Invited stakeholders include: 1. Palos Verdes Peninsula Unified School District (PVPUSD) 2. Los Angeles Unified School District (LAUSD) 3. City of Palos Verdes Estates 4. City of Rolling Hills Estates 5. City of Rolling Hills 6. Palos Verdes Peninsula (PVP) Council of PTAs 7. Los Angeles County Sheriff's Department, Lomita Station 8. Los Angeles County Department of Public Health (DPH) Letters of support from many of the stakeholders are attached. Other support letters are being presented to City Councils and Boards the week of February 26 th, 2018 and will be forwarded upon signature. A-21 The consultant will guide the proposed planning process and develop the SRTS Plan. The SRTS Plan will be framed on the six Es of the Safe Routes to School Program (i.e., evaluation, engineering, education, encouragement, enforcement, and equity), and the content will be based on input from Parent Teacher Associations (PTAs), open community meetings, online parent and student surveys, in-depth analysis of collision data, and comprehensive walking audits at each school. Support from the Council of PTAs, with it's over 11,000 parent/guardian members, is especially significant. They can help promote programs such as National Walk to School Month and National Bike to School Month to encourage students to use the bike and pedestrian facilities that would be added throughout the Peninsula as part of the SRTS Plan. SRTS Plans Work: A study conducted for the Safe Routes to School Partnership in 2014 showed that, over a five-year period, SRTS engineering improvements and education and encouragement programs resulted in an 18% to 25% relative increase in walking and bicycling (McDonald Noreen C. et al., Impact of the Safe Routes to School Program on Walking and Bicycling. Journal of the American Planning Association, 2014 Sept.). The Peninsula-Wide SRTS Plan will include school-specific summaries that describe existing conditions and recommendations. The Plan will also help identify countermeasures and prioritize projects that support safer walking and biking to schools and other destinations in neighborhoods for students and families. Project Area: The Palos Verdes Peninsula is located in Southern California in southwestern Los Angeles County approximately 30 miles southwest of Los Angeles, and includes the cities of Rancho Palos Verdes, Palos Verdes Estates, Rolling Hills Estates and Rolling Hills (combined population of 66,139). The proposed SRTS Plan will focus on a 0.5-mile area surrounding each of the 18-targeted elementary, middle, and high schools in PVPUSD and LAUSD (see Table 1). The Peninsula is known for its rolling hills and narrow winding roads, with over 25 miles of two- lane roads. The topography and the original design of the cities' roadways did not easily accommodate sidewalks and bike paths. Approximately half of the schools do not have consistent sidewalks and no school bus transportation is offered. Demographics: The population ethnicity distribution in the cities on the Palos Verdes Peninsula range from 60% to 70% White, 17% to 30% Asian, 7% to 10% Latino, and 1% to 2% African-American. While the cities on the Palos Verdes Peninsula are not considered disadvantaged communities, two schools, Crestwood Elementary and Rudecinda Sepulveda Dodson, have many students, 71% and 55%, respectively, who are eligible for the federal Free and Reduced Priced Meal Program (FRPM). This compares to 67% for Los Angeles County and 58% for the state. A-22 Responsible Parties: Responsible parties for the proposed SRTS Plan include the City of Rancho Palos Verdes (City) staff and a qualified and experienced SRTS planning consultant, who will be selected through a competitive Request for Qualifications (RFQs) process. Overall Project Objectives: The overall project objectives include:  Developing a SRTS Plan that incorporates the six Es of safe routes to school programs (i.e., evaluation, engineering, education encouragement, enforcement and equity);  Ensuring that the planning process includes of a wide array of stakeholder groups, including neighboring cities, school officials and PTA groups; and Sheriff’s office; and  Identifying SRTS projects that will result in improved safety, public health, and connectivity. SCOPE OF WORK Task 1 Project Management and Procurement Task 1.1 Grant Kick-off Meeting with Caltrans (Responsible Party: City) The City will meet with Caltrans staff to discuss the proposed project, the implementation timeline and expectations, and discuss action items such as consultant procurement, invoicing, reports, and deliverables. Task 1.2 Consultant Procurement (Responsible Party: City) The City will develop an RFQ to procure a Consultant with demonstrated expertise and experience developing SRTS plans. The Consultant will guide the planning process and develop the Peninsula-Wide SRTS Plan. The procurement process will follow Caltrans’ and the City’s established procurement procedures. Task 1.3 Project Kick-off Meeting with Consultant (Responsible Party: City and Consultant) The City will schedule a kick-off meeting with the Consultant to: 1) review the project’s objectives, timeline, and Statement of Work (i.e., task list); 2) discuss Caltrans’ expectations and requirements; and 3) outline a prioritized list of action items. Task Deliverable 1.1 Agenda, participant list, meeting notes, list of prioritized action items 1.2 Request for Qualifications (RFQ), applicant rankings, executed Consultant contract 1.3 Agenda, participant list, meeting notes, list of prioritized action items A-23 Task 2 Data Collection and Analysis Task 2.1 Review and Analyze Existing Documents and Data (Responsible Party: Consultant) The Consultant will review existing documents collected to date such as preliminary collision reports from the Transportation Injury Mapping System (TIMS) and the LA County Sheriff's Department, the school district’s transportation plan and policies, relevant data collected by the schools, and relevant Caltrans District 7 planning documents, such as the Transportation Concept Report (TCR) (closest freeway is I-110). Task 2.2 Conduct In-depth Collision Analysis (Responsible Party: Consultant) The Consultant will conduct a detailed analysis of pedestrian and bicycle collision data for each school site. Using data from TIMS and the Sheriff's Department, the Consultant will analyze data along multiple dimensions including age of pedestrian/bicyclist, collisio n location (e.g., inside or outside a crosswalk), type of collision (e.g., broadside, rear-end), collision severity (i.e., fatality or injury), etc. The Consultant will create a variety of documents that describe the findings at the district- and school-levels, including narrative description, ‘heat maps’ to show locations where high numbers of collisions have occurred, and charts and graphs to demonstrate other findings. Task 2.3 Design Parent and Student Surveys (Responsible Party: Consultant) The Consultant will design online parent and student surveys using existing survey forms (in English and Spanish) developed by the National Safe Routes to School Partnership. The surveys will ask about current levels of student walking and biking to school, factors that affect whether parents allow their children to walk or bike to school, the presence of key safety-related conditions along routes to school, and related background information. Task 2.4 Conduct Walking Audits at Each School (Responsible Party: Consultant) Walking audits will be conducted at each of the 18 school sites. The in-person walkability audits will be comprehensive and include assessment of streets and intersections within a 0.5-mile radius of each school. Audit components will include:  Sidewalk continuity and condition;  Local traffic volumes, speeds, and patterns;  Existing routes for pedestrians and bicyclists;  Crosswalk locations and pedestrian signals/phasing;  Roadway and crosswalk lighting;  Curb ramp locations;  Presence of bike racks at the school sites;  Existing signage and pavement markings;  Crossing guard locations;  Behavior of motorists, pedestrians, and bicyclists;  Barriers and visibility obstructions for pedestrians and bicyclists; and  Potential countermeasures for each school site, estimated costs, and benefit-cost analysis of each suggested countermeasure. Countermeasures may include:  Engineering strategies including the addition of sidewalks, safe crossings, traffic calming measures, and other pedestrian and bicycle infrastructure;  Education strategies;  Enforcement strategies; and  Encouragement strategies. A-24 The walking audits will also include data from a non-engineering perspective (i.e., the perspective of parents and residents). Task Deliverable 2.1 List of materials and data reviewed 2.2 Final collision analysis (including data sources) 2.3 Parent and student survey 2.4 Site-specific summaries of the walking audits, maps, photographs, technical reports Task 3 Community and Stakeholder Engagement Task 3.1 Establish Advisory Group (Responsible Party: Consultant and City) The City and Consultant will establish an Advisory Group comprised of stakeholders noted above, including neighboring cities, school officials and PTA groups; and Sheriff’s office; plus, any planning staff and other community-based organizations, to seek information pertaining to SRTS planning. Caltrans will be invited to participate in the Advisory Group, as their availability allows. The City and Consultant will conduct regular Advisory Group meetings to present progress of findings and solicit both general comments and site-specific input. The involvement of the Council of PTAs is particularly important as they are comprised of 16 individual PTAs with over 11,000 parent/guardian members. As such, they have a firsthand interest in the well being and personal safety of the students and are greatly supportive of the City's SRTS Plan. Task 3.2 Develop a Community Engagement Plan (Responsible Party: Consultant) The Consultant will meet with representatives of PVPUSD and LAUSD to discuss their outreach efforts to-date and lessons learned. With this information, the Consultant will develop a memorandum outlining specific outreach, engagement strategies and events (described below), recommended timelines, partners needed to implement the strategy/event, needed resources (e.g., event space), methods for collecting feedback from each strategy/event, and methods for promoting the engagement events. Possible promotional methods include announcements via the schools’ social media accounts (Facebook and Twitter), Facebook Live meetings, and the school’s websites. Flyers and posters can be distributed in the schools, at school and community events, and in locations in the neighborhoods (e.g., grocery stores, churches, parks, and other places frequented by residents). Other forms of communication include take-home announcements (i.e., backpacks), or announcements presented on school marquees. Task 3.3 Conduct and Analyze Parent and Student Surveys (Responsible Party: Consultant) The online survey (described in Task 2.3 above) will be hosted on the City or school district’s website and the survey will be promoted via the community and stakeholder engagement activities described in Task 3.2. The Consultant will compile and analyze the data received from surveys and will present findings at the district- and school-levels via narrative description, charts, and graphs. A-25 Task 3.4 Seek Input from School-Based Community Groups (Responsible Party: City and Consultant) The Consultant and representatives from the City will schedule and meet with individual school PTAs. At each meeting, the Consultant will present a slide show that covers the project overview and objectives and lead a structured discussion about related needs and concerns in each neighborhood. Task 3.5 Conduct Open Community-Based Meetings (Responsible Party: City and Consultant) The City and Consultant will lead community-based meetings (in person or via Facebook Live) and present a slide show that covers the project overview and objectives and presents initial walkability audit findings. Small group charrettes will be formed to gather input on specific issues, and these small-group findings will be reported to the larger group at the end of the meeting. Participants will complete a brief evaluation form at the conclusion of the meeting that will assess their satisfaction with the meeting and offer another opportunity to provide input on the project. These meetings will be open to the public, and widely promoted via the strategies described in Task 3.2. Participants will include staff from the City, staff from the school districts, and school officials, to name just a few. The meetings will be scheduled to ensure maximum involvement, and the Consultant will consider both evening and/or weekend dates. Task Deliverable 3.1 List of Advisory Group members, meeting agenda, presentations, and notes 3.2 Final community engagement plan 3.3 Copies of the parent and student surveys, response rate, summary of findings 3.4 Agendas, participant lists, PowerPoint presentations, meeting notes, photographs 3.5 Agenda, participant list, PowerPoint presentation, meeting and charrette notes, photographs Task 4 Prepare Peninsula-Wide Safe Routes to School Plan Task 4.1 Prioritize Projects (Responsible Party: City and Consultant) Using feedback from the data collection and community engagement phases (Tasks 2 and 3), the Consultant will work with the City to develop a list of peninsula-wide priority projects for each school. A point system will be developed that includes, among other things, the Caltrans Sustainable Transportation Planning's eight (8) objectives (sustainability, preservation, mobility, safety, innovation, economy, health, and social equity). Task 4.2 Develop the Draft Plan (Responsible Party: Consultant) The Consultant will develop the draft Peninsula-Wide SRTS Plan, which will incorporate the input received from community members and stakeholders, and will be framed on the six Es of safe routes to school programs (i.e., evaluation, engineering, education, encouragement, enforcement, and equity). The SRTS Plan will integrate health, fitness, traffic relief, environmental awareness, and safety, as suggested by the California A-26 Department of Public Health. Part of the SRTS Plan will be to explore developing or locating a simple mobile app that creates challenges for kids, such as creating walking school buses or tracking miles walked/biked. The City has reviewed other SRTS Plans and identified preliminary contents for the proposed SRTS Plan, as follows: Preliminary Contents for the Peninsula-Wide Safe Routes to School Plan 1. Introduction 1.1 Need for the Project 1.2 Description of the Six Es as the Framework for the Plan 1.3 Summary of the Data Collection Activities and Findings (peninsula-wide) 1.4 Summary of Community Engagement Strategies and Findings 2. School-Specific Findings and Recommendations 2.1 School Description and Setting 2.2 Routes to School (Map) 2.3 Existing Pedestrian and Bicycle Facilities 2.4 Crosswalks 2.5 Crossing Guards 2.6 Pavement Markings and Signage 2.7 Drop-off and Pick-Up Patterns 2.8 Traffic Volumes, Speeds, and Patterns 2.9 Barriers and Visibility Obstructions 2.10 Collision History 2.11 General Recommendations 3. Implementation and Next Steps 3.1 Priority Projects by School (including description, location, estimated cost, and timeline) 3.2 Priority Project for the Districts (including description, location, estimated cost, and timeline) 3.3 Recommended Next Steps 4. Potential Funding Sources 4.1 Outline of Federal, State, Regional, Local, and Foundation Grant and other Funding Opportunities The draft SRTS Plan will be reviewed by City staff, school district(s) staff, school staff, and the City Council. The Consultant will gather, organize, and incorporate input, suggested edits, and feedback. The draft plan will also be provided to Caltrans for feedback. 4.3 Develop the Final Plan (Responsible Party: Consultant) The Consultant will develop the final Peninsula-Wide SRTS Plan for review and approval by the City and school district officials. The final Plan will be formally presented to the City Council and the districts' school boards. The community will be encouraged to attend these open public meetings to show support for the SRTS Plan and the proposed projects. A-27 Task Deliverable 4.1 Prioritization criteria, List of Priority Projects 4.2 Draft Peninsula-Wide Safe Routes to School Plan 4.3 Final Peninsula-Wide Safe Routes to School Plan Task 5 Fiscal Management Task 5.1 Invoicing (Responsible Party: City) City staff will prepare and submit invoice packages to Caltrans in accordance with Caltrans’ requirements as stated in the grant agreement. Task 5.2 Quarterly Reports (Responsible Party: City) City staff will develop and submit complete quarterly reports to Caltrans in accordance with Caltrans’ requirements as stated in the grant agreement (and including a summary of the project progress and expenditures to-date). Task 5.3 Final Close-out Report (Responsible Party: City) City staff will develop and submit a final close-out report to Caltrans detailing completion of the project. Task Deliverable 5.1 Invoice Packages 5.2 Quarterly Reports 5.3 Final Close-out Report A-28 Project Title Task Number Responsible Party Total Cost Grant Amount Local Cash Match J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J Deliverable 1 1.1 Grant Kick-off Meeting with Caltrans City $1,500 $1,328 $172 Agenda, participant list, meeting notes, list of prioritized action items 1.2 Consultant Procurement City $3,999 $3,541 $458 Request for Qualifications (RFQ), applicant rankings, executed Consultant contract 1.3 Project Kick-off Meeting with Consultant City & Consultant $1,500 $1,328 $172 Agenda, participant list, meeting notes, list of prioritized action items 2 2.1 Review and Analyze Existing Documents and Data Consultant $5,001 $4,427 $574 List of materials and data reviewed 2.2 Conduct In-depth Collision Analysis Consultant $8,000 $7,082 $918 Final collision analysis (including data sources) 2.3 Design Parent and Student Surveys Consultant $4,000 $3,541 $459 Parent and student survey 2.4 Conduct Walking Audits at Each School Consultant $42,001 $37,183 $4,818 Site-specific summaries of the walking audits, maps, photographs, technical reports 3 3.1 Establish Advisory Group City & Consultant $2,001 $1,771 $230 List of Advisory Group members, meeting agenda, presentatons, and notes 3.2 Develop a Community Engagement Plan Consultant $6,000 $5,312 $688 Final community engagement plan 3.3 Conduct and Analyze Parent and Student Surveys Consultant $9,000 $7,968 $1,032 Copies of the parent and student surveys, response rate, summary of findings 3.4 Seek Input from School-Based Community Groups City & Consultant $9,500 $8,410 $1,090 Agendas, participant lists, powerpoint presentations, meeting notes, photographs 3.5 Conduct Open Community-Based Meetings City & Consultant $7,500 $6,640 $860 Agenda, participant list, powerpoint presentation, meeting and charrette notes, photographs 4 4.1 Prioritize Projects City & Consultant $3,000 $2,656 $344 Prioritization criteria, List of Priority Projects 4.2 Develop the Draft Plan Consultant $115,000 $101,810 $13,191 Draft Peninsula-Wide Safe Routes to School Plan 4.3 Develop the Final Plan Consultant $20,000 $17,706 $2,294 Final Peninsula-Wide Safe Routes to School Plan 5 5.1 Invoicing City $3,000 $2,656 $344 Invoice Packages 5.2 Quarterly Reports City $6,999 $6,197 $802 Quarterly Reports 5.3 Final Close-out Report City $2,000 $1,771 $229 Final Close-out Report TOTALS $250,000 $221,325 $28,675 PREPARE PENINSULA-WIDE SAFE ROUTES TO SCHOOL PLAN Reimbursement of indirect costs is allowable upon approval of an Indirect Cost Allocation Plan for each year of project activities. Provide rate if indirect costs are included in the project budget. NOT INCLUDED IN THE PROJECT BUDGET Note: Each task must contain a grant amount and a local cash match amount. Local cash match must be proportionally distributed by the same percentage throughout each task. Local in-kind match needs to be indicated where in-kind services will be used. Please review the grant program section that you are applying to for details on local match requirements. The project timeline must be consistant with the scope of work. California Department of Transportation Sustainable Transportation Planning Grants Fiscal Year 2018-2019 PROJECT TIMELINE Peninsula-Wide Safe Route to School Plan Grantee City of Rancho Palos Verdes Fund Source Fiscal Year 2018/19 FY 2019/20 FY 2020/21 PROJECT MANAGEMENT AND PROCUREMENT DATA COLLECTION AND ANALYSIS COMMUNITY AND STAKEHOLDER ENGAGEMENT FISCAL MANAGEMENT A-29 CITY OF RANCHO PALOS VERDES PENINSULA-WIDE SAFE ROUTES TO SCHOOL PLAN PROPOSAL FOR FEBRUARY 14, 2019 B-1 iCITY OF RANCHO PALOS VERDES | PENINSULA-WIDE SAFE ROUTES TO SCHOOL PLAN TABLE OF CONTENTS EXPERIENCE OF FIRM/CLIENT REFERENCES 1 Firm Profile 1 Experience With RPV 4 EXPERIENCE OF TEAM MEMBERS 6 Depth of Staff 6 Resumes 6 Organization Chart 6 UNDERSTANDING OF THE PROJECT 7 Technical Approach | Introduction 7 Technical Approach | Project Understanding 7 Project Objectives 8 Key Issues/Concerns 10 KOA Strengths 14 Project Schedule 15 APPENDIX | RESUMES A-1 B-2 ii 2141 W. Orangewood Avenue, Orange, CA 92868 T: (714) 573-0317 | F: (714) 573-9534 | www.koacorp.comMONTEREY PARK ORANGE ONTARIO SAN DIEGO Dear Ms. Carrasco: KOA Corporation (KOA) is excited to submit our proposal for the Peninsula-wide Safe Routes to School Plan. Having had extensive experience in SRTS strategy planning, public engagement, complete streets, active transportation, traffic calming, and roadway design, I am confident that KOA is best suited to meet and exceed the objectives of this project. The Peninsula-wide SRTS Plan mirrors the types of services we have been providing for our other clients over the last several years. It is personal, as KOA staff assigned to this project grew up and live in the peninsula area. With over 30 years in business, KOA has developed a reputation for planning, designing, and implementing innovative pedestrian, bicycle, SRTS, and transit facilities throughout the Southern California region. Over the last five years, KOA has prepared similar SRTS plans for clients such as Santa Clarita, Burbank, Los Angeles, Indio, Moreno Valley, San Jacinto, Colton, Barstow, Apple Valley, Garden Grove, and the San Bernardino County Transportation Authority (SBCTA). Our public facilitation and outreach expertise has helped us conduct more than 200 pedestrian and bike audits over the past three years – logging thousands of hours and performing extensive community outreach and school district coordination. In addition to our planning work, we have designed and implemented more than 50 SRTS-funded infrastructure improvement projects throughout Southern California. KOA boasts several integral strengths that make us an ideal partner in developing SRTS solutions: INNOVATION The highlight of KOA’s legacy in active transportation lies in the planning and implementation of the very first and second cycle tracks and first bike boulevard in Southern California. We utilize this expertise in all of our SRTS projects. IMPLEMENTATION KOA is known for our ability to excel in planning and engineering design and in the implementation of projects. We understand that planning documents have a tremendous role in determining how local and regional agencies apply for project funding. As such, KOA always fully considers the constructability of our recommendations when ranking and identifying priority projects, thereby increasing the likelihood of implementation and funding. DIVERSITY The firm consists of staff members who hail from diverse backgrounds. Languages such as Spanish, Vietnamese, Chinese-Mandarin, and Chinese- Cantonese are spoken in the office throughout the course of the day among KOA engineers and planners. The diversity of our background guides our planning and engineering practices, ensuring that our work resonates with the multi-ethnic communities that we serve. TO Ms. Nadia Carrasco Assistant Engineer City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, CA 90275 FROM Ms. Min Zhou Deputy CEO mzhou@koacorp.com T: (714) 573-0317 F: (714) 573-9534 RFP Peninsula-wide Safe Routes To School Plan DATE February 14, 2019 PROJECT MANAGER Frank Barrera fbarrera@koacorp.com (714) 923-6274 B-3 iii 2141 W. Orangewood Avenue, Orange, CA 92868 T: (714) 573-0317 | F: (714) 573-9534 | www.koacorp.comMONTEREY PARK ORANGE ONTARIO SAN DIEGO GRANT WRITING & MANAGEMENT Over the last four years, KOA has helped local and regional agencies obtain more than $55 million in ATP funding. We focus on developing constructible project recommendations and in providing grant writing and management assistance in order to secure the necessary funds for implementation. This includes grant-ready documents, exhibits, conceptual plans, and cost estimates. We have based our understanding of the project context, geography, challenges, and opportunities on our team’s experience and local knowledge, as well as on the field review and research we have conducted. We encourage you to look at both the qualifications of our company and key project team members to see how the KOA team will be able to effectively develop this Peninsula-wide Safe Routes to School Plan. We invite you to reach out to our references for additional information on our capabilities and services. I will be leading the project team as Principal-in-Charge by bringing in my project management expertise in handling more than 25 of KOA’s active transportation and SRTS projects in the last five years. I will be joined by Walter Okitsu, PE, PTOE, PTP (QA/QC Manager), Frank Barrera (Project Manager), and Carlos Velásquez (Assistant Project Manager), all of whom possess extensive experience in active and transportation planning throughout the Southern California region. Other KOA key project team members include Brianne Masukawa, Giuseppe Canzonieri (PE), and Roger Pelayo, all of whom have played significant roles in developing active transportation plans and feasibility studies for KOA projects. I can be reached via the contact information on the previous page or through mzhou@koacorp.com. Please feel free to contact me if you wish to discuss this proposal further or if you have questions regarding our submittal. Sincerely, KOA Min Zhou Deputy CEO B-4 1CITY OF RANCHO PALOS VERDES | PENINSULA-WIDE SAFE ROUTES TO SCHOOL PLAN EXPERIENCE OF FIRM/CLIENT REFERENCES Firm Profile Founded in 1987, KOA is a leading provider in traffic engineering, transportation planning and construction management services for public agencies and private sector clients. We offer our clients technical knowledge, innovative solutions and responsive services. The hallmark of our success is our dedication to the success of each and every project and our desire to leave a legacy of extraordinary contributions to our communities. Our staff includes certified transportation planners, registered civil and traffic engineers, project/construction managers, and construction inspectors. With four offices located in Southern California, KOA has provided engineering services for some of the largest public works and transportation planning projects throughout California. KOA has developed a high reputation for planning, designing, and implementing innovative pedestrian, bicycle, and transit facilities to promote active transportation. Currently, we are developing Safe Routes to School plans for the cities of Garden Grove and Indio. We have also developed regional bike and pedestrian plans and feasibility studies for the Orange County Transportation Authority (OCTA) and the San Diego Association of Governments (SANDAG). In addition to regional plans, we have prepared numerous Safe Routes to School and active transportation plans for local agencies in Southern California. Examples of our industry-leading efforts include Southern California’s first physically-separated cycle track in Downtown Long Beach (APWA California 2011 B.E.S.T. Project of the Year Award) and the second cycle track in Temple City (2014 America’s 10 Best New Bike Lanes awarded by People for Bikes), the first bicycle boulevard in Southern California, Long Beach’s sharrow green lane (ITE’s 2009 Innovative Project of the Year Award), buffered bike lanes, and bike boxes. Last year, KOA received awards from the Inland Empire chapter of the American Planning Association for our SBCTA SRTS project, our Colton ATP project, and our Apple Valley SRTS project. The Apple Valley project also garnered an award from the American Council of Engineering Companies this year. The Institute of Transportation Engineers (ITE) requested to utilize our City of Pasadena Transportation Action Plan materials for the 4th Edition to ITE’s Transportation Planning Handbook. Our work is also referenced in the NACTO Urban Bikeway Design Guide. In 2017, as part of the League of American Bicyclists’ (LAB) Bicycle Friendly America program, KOA’s Orange County office was awarded the Silver Bike Friendly Business status, one of four tiers LAB gives to business locations that meet certain criteria for providing amenities to encourage regular bicycling. Experience with References The projects shown on the following pages reflect KOA’s experience. To conserve space, KOA’s references are included with each respective project. All projects shown are either in progress or have been completed within the last five years. TYPES OF SERVICES Civil Engineering Traffic Engineering Transportation Planning Active Transportation Highway & Transportation Design Program Management Construction Management YEAR FOUNDED 1987 FORM OF THE ORGANIZATION S Corporation LOCATION OF OFFICES Monterey Park Orange Ontario San Diego PROJECT OFFICE LOCATION 2141 W Orangewood Ave Orange, CA 92868 Tel: (714) 573-0317 Fax: (714) 573-9534 MAIN CONTACT Frank Barrera Project Manager (714) 923-6274 fbarrera@koacorp.com B-5 2CITY OF RANCHO PALOS VERDES | PENINSULA-WIDE SAFE ROUTES TO SCHOOL PLAN PROJECT EXPERIENCE City of Santa Clarita Safe Routes to School Plan SANTA CLARITA, CA KOA is conducting outreach and developing recommendations to improve safety and encourage walking and bicycling for 11 schools. KOA is working with school district, City, schools, community stakeholders, and students to identify safety issues and recommend appropriate improvements. KOA is working with Safe Moves to conduct stakeholder meetings, community workshops, and walking/bicycling audits at each site. With this input, KOA is preparing plans for each school site along with a set of cost estimates and a prioritized list of improvements. The entire plan will be presented to community stakeholders, City staff, and elected officials. The City will use these recommendations to pursue funding for construction and implementation of recommendations laid out in the final plan. CITY OF SANTA CLARITA- Name: – Ian Pari, Senior Traffic EngineerPhone Number: (661) 284-1402, Email: ipari@santa-clarita.com SCAG City of Garden Grove Safe Routes to School Phase 1 Plan GARDEN GROVE, CA This Safe Routes to School project focused on collaborating with six target schools and Garden Grove Unified School District (GGUSD) administrators to develop a set of strategies that were unique to each school and able to be applied to other schools in the GGUSD. Actions we utilized to achieve these goals included walking safety assessments, community workshops, data collection, and spatial analyses to understand the existing conditions for a baseline year. KOA developed engineering recommendations that were later approved by the City. All recommended signs and striping were installed throughout the neighborhood. Implementation occurred as the project moved forward. CITY OF GARDEN GROVE - Name: Chris Chung, Urban PlannerPhone Number: (714) 741-5314, Email: chrisc@ggcity.org LADOT Safe Routes to School Plans for the Top 50 Schools with Most Need LOS ANGELES, CA The Los Angeles Department of Transportation (LADOT) selected KOA to conduct outreach and develop countermeasures to improve safety for 50 schools with the most collisions within the Los Angeles Unified School District (LAUSD). KOA worked with LADOT, LAUSD, and school staff to coordinate walking safety assessments with parents and students to identify safety problems and solutions for improvements. The results were used to produce engineering improvements, engineering plans, and cost estimates, in accordance with all MUTCD and LADOT standards and guidelines, for use in grant applications. The project was funded through the State’s 2014 Active Transportation Program, (ATP) Cycle 1. LADOT - Name: Margot Ocañas, Project CoordinatorPhone Number: (213) 928-9707, Email: margot.ocanas@lacity.org PROJECTS EXPERIENCE OF FIRM/CLIENT REFERENCES B-6 3CITY OF RANCHO PALOS VERDES | PENINSULA-WIDE SAFE ROUTES TO SCHOOL PLAN PROJECT EXPERIENCE Town of Apple Valley Safe Routes to School Master Plan APPLE VALLEY, CA The Town obtained a Caltrans Sustainable Transportation Planning Program grant to develop a town-wide Safe Routes to School (SRTS) Master Plan, to serve 10 kindergarten through 8th grade schools within the Apple Valley Unified School District (AVUSD). The SRTS master plan provided the first step towards improving infrastructure and the health and everyday lives of Apple Valley students by allowing safer and better routes to and from school. The plan enhanced walkability and bicycling for students in kindergarten through 8th grade and benefited secondary students. The plan promoted safe walking and cycling through the 6 Es campaign. KOA has since provided design services to implement elements of the plan. TOWN OF APPLE VALLEY - Name: Rich Berger, Project ManagerPhone Number: (760) 240-7000 x7530, Email: rberger@applevalley.org City of Burbank SRTS Planning and PS&E BURBANK, CA KOA is providing SRTS planning and engineering services for three schools. The project consists of conducting walk and bicycle audits of the street conditions around the schools and travel surveys. In addition to the school outreach, KOA is conducting general community outreach, which together with the school-related activities, will be used to develop an alternatives analysis to assess the most appropriate infrastructure countermeasures to address safety deficiencies. KOA staff is preparing full construction plans, specifications, and cost estimates for each school site. As part of this project, the KOA SRTS team is conducting additional bicycling and walking safety activities at each school. CITY OF BURBANK - Name: Hannah WooPhone Number: (818) 238-5270, Email: hwoo@burbankca.gov City of Moreno Valley Safe Routes To School Program MORENO VALLEY, CA The City was awarded grant funding from the Highway Safety Improvement Program (HSIP) to implement Safe Routes to School (SRTS) educational programs to promote walking and bicycling among students the elementary schools. KOA assisted Community Now with providing dedicated professional and support staff expertise for the revision of the City’s existing suggested routes to school maps (English & Spanish), based on input from walkability audits. The suggested routes to school maps included walking and biking safety tips for students. CITY OF MORENO VALLEY - Name: John Kerenyi, Senior EngineerPhone Number: (951) 413-3199, Email: johnk@moval.org PROJECTS EXPERIENCE OF FIRM/CLIENT REFERENCES B-7 4CITY OF RANCHO PALOS VERDES | PENINSULA-WIDE SAFE ROUTES TO SCHOOL PLAN PROJECT EXPERIENCE SCAG City of Montclair Safe Routes to School Plan MONTCLAIR, CA KOA is developing a Safe Routes to School (SRTS) plan for seven elementary schools where the City is addressing several difficult challenges. This plan will provide and promote better routes for walking and biking while helping to improve the safety and health of children and the community by providing opportunities for physical activity. KOA is helping to address mobility deficiencies in a manner that is culturally sensitive, inclusive, and linguistically appropriate. Tasks for this plan include data collection, building a substantial engagement campaign, developing a plan to address mobility deficiencies, program system improvements, and support for implementing the 2016 Regional Transportation Plan and Sustainable Communities Strategy (RTP/SCS). REFERENCE - Name: Noel Castillo, Public Works Director/City EngineerPhone Number: (909) 625-9441, Email: ncastillo@cityofmontclair.org PROJECTS EXPERIENCE OF FIRM/CLIENT REFERENCES Experience With RPV The table below reflects the projects for which KOA has provided services to the City of Rancho Palos Verdes. Proposed staff members who have worked on those projects are denoted with "▲". The list is grouped by projects performed by proposed staff, followed by projects performed by KOA that proposed staff did not work on. RPV PROJECTS KOA PROVIDED SERVICES ON PROPOSED KOA STAFF F. BARRERAM. ZHOUW. OKITSUC. VELÁSQUEZB. MASUKAWAG. CANZONIERIR. PELAYOI. HANGJ. YUS. RESEIGHR. LUT. LIENB. HOYOSR. CALADW. SINGH. ARZATEK. THAIPalos Verdes Dr. South Bike Lane Improvement & Design/Revisions ▲ Traffic Sign Inventory, Assessments, & Cost Estimates ▲ ▲▲ ▲ ▲ ▲ Palos Verdes Dr. East Rehab Design ▲ Storm Drain Improvements Design ▲ Palos Verdes Dr. South Realignment Design ▲ Palos Verdes Dr. East Storm Drain Design ▲ Emergency Detour Plan Design ▲ Sunnyside Ridge Trail Design & Const. Mgmt.▲▲ Palos Verdes Dr. South East End Straightening Design ▲ Palos Verdes Dr. South Bike Lane Improvements Project Mgmt.▲ OTHER PROJECTS PERFORMED BY KOA FOR RPV Bus Stop ADA Access Improvements Storm Drain Maintenance Const. Mgmt. Annual Slurry Seal 2010 Const. Mgmt. Engineering Staff Project Management Services Civic Center Planning Project Management B-8 5CITY OF RANCHO PALOS VERDES | PENINSULA-WIDE SAFE ROUTES TO SCHOOL PLAN PROJECT EXPERIENCE PROJECTS EXPERIENCE OF FIRM/CLIENT REFERENCES RPV PROJECTS KOA PROVIDED SERVICES ON PROPOSED KOA STAFF F. BARRERAM. ZHOUW. OKITSUC. VELÁSQUEZB. MASUKAWAG. CANZONIERIR. PELAYOI. HANGJ. YUS. RESEIGHR. LUT. LIENB. HOYOSR. CALADW. SINGH. ARZATEK. THAIPalos Verdes Dr. East Catch Basins Design, Inspection, Const. Mgmt. San Ramon Canyon Design, Project Management, Const. Mgmt. Automated Door Op. Inst. Design & Const. Mgmt. On-call Professional Const. Mgmt. Services 2010 Arterial Overlay 10-11 Design Arterial Rehab Const. Mgmt. San Pedro Canyon Storm Drain Improvements Design Vista Grande ADA Design Palos Verdes Dr. West Median Walkway Design PVIC One Bluff Top Drainage Design Area 3&5 Residential Rehab Design Storm Drain Lining Project Inspection 2012 Const. Mgmt. Blackhorse ADA CDBG Design Palos Verdes Dr. South Catch Basin at Terranea Const. Mgmt. Catch Basin Lid on Palos Verdes Dr. South Design Ryan Park South Entrance & Parking Expansion Const. Mgmt. Abalone Restroom & Parking Improvements Const. Mgmt. Abalone Shoreline Improvements Const. Mgmt. Salvation Army Trail Improvements Const. Mgmt. Roan Rd. Storm Drain Design Abalone Cove Shoreline Park Const. Mgmt. Ryan Park South Entrance & Lot Const. Mgmt. Retention Wells 28111 Palos Verdes Dr. East & East Gate Design Marguerite Drainage PJ Project Mgmt. Miraleste Dr. Arterial Resurfacing Design McCarrell Canyon Pipe Relocation Project Mgmt. Palos Verdes Prefab Building Assessment Services - Project Mgmt. Palos Verdes Dr. East Guardrails Project Mgmt. Roan Rd. Storm Drain Rehab Project Const. Mgmt. Grayslale Rd. Drainage Improvements Const. Mgmt. & Inspection 2015 Storm Drain Lining Construction Mgmt. & Inspection On-call Project Management/Staff Augmentation Services ADA Access Improvements for Del Cerro/Burma Street Rehab Area 7 Phase 1 Const. Mgmt. B-9 6CITY OF RANCHO PALOS VERDES | PENINSULA-WIDE SAFE ROUTES TO SCHOOL PLAN Depth of Staff KOA currently has more than 100 staff members, all located in Southern California. We employ 16 California-licensed civil engineers, eight California-licensed traffic engineers, and three AICP-certified planners. We have 12 additional planners and 22 additional engineering/design staff, of all staffing levels. Our engineering staff is made up of a mixture of transportation planners and members with additional design-related certifications. Our entry-level staff members are often assigned to low-level tasks outside of his or her practice as needs arise. This serves to make our planners and engineers more well- rounded when taking on multi-disciplinary projects and to expand our staffing resources while keeping our roster to a minimum. Resumes The resumes of management (managers and principal-in-charge) and other key proposed staff (task leaders) are provided in the Appendix at the end of this document. Organization Chart The organization chart below reflects KOA’s proposed team for this SRTS project. It also graphically represents the depth of staffing that we will provide to the City. EXPERIENCE OF TEAM MEMBERS PRINCIPAL-IN-CHARGE Min Zhou, PE COMMUNITY & STAKE- HOLDER ENGAGEMENT Roger Pelayo Task Leader Harold Arzate Karen Thai Braulio Hoyos PROJECT MANAGER Frank Barrera DATA COLLECTION & ANALYSIS Brianne Masukawa Task Leader Ivy Hang Jenny Yu Sean Reseigh Ryland Lu DRAFT AND FINAL SRTS PLAN DEVELOPMENT Frank Barrera Task Leader Carlos Velasquez Karen Thai Brianne Masukawa WALK AUDIT & COUNTER- MEASURE DEVELOPMENT Giuseppe Canzonieri, PE Task Leader Trevor Lien Braulio Hoyos Carlos Velasquez, AICP Ryan Calad, PE Wyatt Sing, EIT CITY OF RANCHO PALOS VERDES QA/QC MANAGER Walter Okitsu, PE, PTOER, PTP ASSISTANT PROJECT MANAGER Carlos Velasquez, AICP B-10 7CITY OF RANCHO PALOS VERDES | PENINSULA-WIDE SAFE ROUTES TO SCHOOL PLAN Technical Approach | Introduction The Peninsula-wide Safe Routes to School Plan presents a critical opportunity to leverage a community’s resources and improve peninsula-wide walking and biking to school and around the school areas. The Peninsula-wide Safe Routes to School Plan will target a total of 18 schools; 16 of the schools are part of the Palos Verdes Peninsula Unified School District (PVPUSD) with two schools from the Los Angeles Unified School District (LAUSD). In completing the Traffic Sign Inventory, Assessments and Cost Estimates project, the City of Rancho Palos Verdes evaluated the operating condition of all roadway signs to develop a replacement program to provide the appropriate and adequate warnings and indications to motorists to help improve the safety of not only motorists but also pedestrians, school children, and bicyclists within the City. LAUSD, in conjunction with the City of Los Angeles, has demonstrated a commitment in providing increased safety and healthy options for students and parents through SRTS projects such as their Safe Routes to School Plans for the Top 50 Schools with Most Need, which proposes comprehensive SRTS plans for 50 of the most dangerous schools in the City. For this project, KOA is the lead contractor, conducting outreach, plan development, and engineering design and cost estimates. These efforts not only highlight the shift in how the agencies have traditionally thought about its roadways, but demonstrate a sense of urgency to find real solutions for longstanding transportation problems within the Palos Verdes Peninsula. We recognize that without proper transportation infrastructural and non-infrastructural improvements, the issues of safety, public health, access, mobility, and equity are not going to change. The Peninsula-wide Safe Routes to School Plan is an opportunity for the Cities within the peninsula area, along with LAUSD and PVPUSD, to continue its efforts for student health and safety and to provide a comprehensive strategy that will address the specific issues for 18 school sites. The plan will identify priority countermeasures that will aim to improve overall safety and public health conditions for each school community and the peninsula area as a whole. Through this effort, KOA will develop a plan that reaffirms each City’s commitment to its residents – making the peninsula-wide area a more accessible, sustainable, and equitable community. Technical Approach | Project Understanding As a pioneer in the active transportation field, KOA has assisted agencies in implementing the most innovative pedestrian and bicycle facilities in Southern California - including pedestrian scrambles, cycle tracks, and bicycle boulevards. KOA has been working in the Southern California region for more than 30 years, bringing with us local knowledge and innovative planning and engineering solutions for transportation-related issues within the various jurisdictions of this region. Yet, we recognize that the needs of every city and local UNDERSTANDING OF THE PROJECT B-11 8CITY OF RANCHO PALOS VERDES | PENINSULA-WIDE SAFE ROUTES TO SCHOOL PLAN UNDERSTANDING OF THE PROJECT agency are unique – requiring a specialized approach, no matter how similar in size, demographic, or land use. As a full-service transportation planning and engineering firm, KOA specializes in being able to see projects through from beginning to end; from plan to design to construction and ultimate operation. As such, the KOA team consists of industry experts with proven qualifications and experience in not just planning, engineering, design, and outreach, but also implementation of plans and programs for various communities. KOA is both highly and uniquely qualified to best accomplish the objectives and tasks of the Peninsula- wide Safe Routes to School Plan. KOA will insure that our approach to this project includes recommendations that will promote safe walking and biking through the six Es: education, encouragement, enforcement, engineering, evaluation, and equity. Project Objectives The primary objectives of the Safe Routes to School Plan, which will require joint leadership from the peninsula- wide cities and collaboration with Caltrans Transportation Planning and Environmental Planning Departments, are to 1) Develop a Safe Routes to School plan that incorporates the six Es of safe routes to school programs; 2) Ensure that the planning process includes a wide array of stakeholder groups, including neighboring cities, school officials, PTA groups, and the Sheriff’s office; and 3) Identify Safe Routes to School projects that will result in improved safety, public health, and connectivity. Tasks will include gathering data, building an engagement campaign, identifying improvements to increase the safety and accessibility for students walking and biking to school, developing a plan that will address mobility deficiencies in the peninsula school areas, and supporting the implementation of the Southern California Association of Governments (SCAG) 2016 Regional Transportation Plan and Sustainable Communities Strategy (RTP/SCS). KOA will ensure the Peninsula-wide Safe Routes to School Plan goals and objectives are met through the following key elements: FOCUSING ON TRANSPORTATION EQUITY While many cities invest in active transportation facilities as a way to encourage more people to walk, ride a bike, or use public transit, some Palos Verdes Peninsula residents already do so without the appropriate facilities. We recognize that this plan is an opportunity to reshape the travel environment not only for parents and students traveling to and from school, but also for the Peninsula community as a whole. However, it is an opportunity that needs to be focused on providing investments that meet the travel demands of those who do not own a car, are low-income, transit-dependent, cannot afford ridesharing services, and are most vulnerable to avoidable traffic incidents. KOA will develop a plan that will provide pedestrian and bicycle improvements that help reduce transportation inequities, rather than exacerbate them. Although the communities within the Palos Verdes Peninsula are not considered disadvantaged communities, there are two schools which have 55% and 71% of the students that are eligible for the federal Free and Reduced Priced Mean Program (FRPM). KOA proposes to utilize our analytical experience to look at additional indicators such as safety, health, travel behavior, environment, infrastructure, socioeconomics, and demographics in order to truly account for the needs of Peninsula-wide students and families. Within the peninsula area, almost 25% of the population is school-aged children and young adults; just over 25% of the population is of 65 years of age or older, nearly 50% combined. With more than 25 miles of two-lane roadways, appropriate pedestrian and bicycle facilities are needed, especially surrounding the school areas, to increase connectivity of the neighborhoods and communities. Household Vehicles Available within the Palos Verdes Peninsula area. US Census 2017 5-Year Estimates B-12 9CITY OF RANCHO PALOS VERDES | PENINSULA-WIDE SAFE ROUTES TO SCHOOL PLAN UNDERSTANDING OF THE PROJECT Paired with safe routes to school programs, such as walk to school day, the plan can encourage more students, parents, and residents to walk and bike to and from school. Creating a pedestrian and bicycle network that is well- connected with the school sites and the community, it can provide faster commute times to and from school by avoiding the congested vehicle traffic within the school areas. DATA-DRIVEN AND THE EVALUATION “E’ KOA will collect key baseline data in order to understand the environment, but also to ensure that the proposed project evaluation and performance measures are possible. For a plan that involves the improvement of safety, health, and connectivity for the Palos Verdes Peninsula’s most vulnerable population, data is both an important starting and ending point. While safety, health, and connectivity are three important components of this plan, KOA recognizes the need to update and collect additional data in order to provide comprehensive baseline data for all 18 school sites for the plan. KOA has administered pre- and post- improvement surveys and can utilize the experience gained for this SRTS plan to develop similar methodologies for the future project implementation. MULTILINGUAL PUBLIC OUTREACH & ENGAGEMENT KOA team recognizes that in order to develop a plan that is for the Palos Verdes Peninsula community and supported by parents and key stakeholders, it will be critical to activate and capitalize on the existing network of contacts of residents, businesses, parents, school administrators, city and county officials, and community-based organizations that have been involved in previous active transportation and mobility efforts. KOA is both diverse and made up of multilingual speakers, prepared to actively engage and listen to the needs of the Palos Verdes Peninsula community and its cities. The US Census 2013-2017 5-Year Estimates data indicates that the Palos Verdes Peninsula consists of a population more than 72,000 people. The Asian community accounts for approximately 27% of the population. Hispanics or Latinos account for approximately 10% of the population. KOA’s expertise lies not only in active transportation planning, data analysis, and engineering design, but also in bilingual and multilingual outreach. Our staff has extensive experience both facilitating workshops/meetings in multiple languages, and also producing bilingual/trilingual graphic materials and overall visual communications. We recognize that for many communities like those within the Palos Verdes Peninsula, multilingual outreach is not only important in truly engaging the school community, but it is essential. KOA will work closely with the Peninsula-wide SRTS Advisory Group, school district officials, and principals to develop a customized outreach program for each school. LAUSD already has a well-established parent and Distribution of population by age within the Palos Verdes Peninsula area. US Census 2017 5-Year Estimates Household Language for the Palos Verdes Peninsula area. US Census 2017 5-Year Estimates B-13 10CITY OF RANCHO PALOS VERDES | PENINSULA-WIDE SAFE ROUTES TO SCHOOL PLAN UNDERSTANDING OF THE PROJECT community outreach approach. KOA will work with these programs/groups to deliver consistent SRTS messaging and solicit participation in the SRTS Advisory Group and walkability audits. In our experience, we have utilized existing meetings and information dissemination channels such as ‘Coffee with the Principal’, PTA and ELAC meetings, PeachJar, school robo calls, social media posts, texting, and emails as means of parent outreach. However, KOA proposes to also reach out to LAUSD and PVPUSD’s parent groups that include the Community Advisory Committee (CAC), Parent Advisory Committee (PAC), and the District English Learner Advisory Committee (DELAC). To ensure a high level of inclusiveness, KOA will employ one-on-one and small group contact to effectively target the diverse community. We will identify and contact trusted messengers, respected leaders, and organizations who have a relationship with residents for their support. This will aid in identifying possible language barriers and strategies to increase communication with all concerned groups. Public events/meeting locations will be determined during the kickoff meeting. To make public participation as convenient as possible, we suggest the selected time for each walk audit event be set for the optimal time of day to make attendance more accessible to everyone. DEVELOPING IMPLEMENTABLE PROJECTS While the plan will provide policy goals and objectives that aim to guide the future SRTS investments for 18 school sites, it will also need to identify both constructible and feasible countermeasures for implementation. We understand that the ultimate goal of any SRTS plan is to identify and produce countermeasure recommendations that are implementable. A critical aspect of getting to that point is looking at larger planning goals and objectives in order to develop criteria for feasibility. This includes considerations for safety, health, constructability, sustainability, maintenance, and equity impacts for all 18 schools. The final plan will incorporate all of our research, analysis, and methodology for countermeasure prioritization as well as engineering cost estimation. KOA, skilled in transportation planning, engineering, design, programs, and outreach, aims to maintain Palos Verdes Peninsula’s competitiveness for grant funding to ensure that the identified SRTS projects become a reality for the 18 school sites. Key Issues/Concerns PROGRAMS The SRTS plan will incorporate programming components and recommendations for transportation infrastructure improvements. For programs to be successful, they must be receptive to the needs of parents and guardians at each school, as well as each school’s capability to organize and maintain the program. KOA understands that every school is different; thus, a successful set of programs at one school may not be as well-received at another. From our experience of working on Safe Routes to School programs, KOA has discovered two common concerns that parents express about their child walking and biking to school that can be addressed using various types of programs. These are 1) safety and 2) distance. Child Safety Parents are worried about their child’s safety. Common factors that can infringe upon a child’s safety include motorists’ speeding and crime occurring along the path to and from school. KOA will conduct and collect parent surveys in order to understand each school's concern. A good Safe Routes to School plan will incorporate programs to alleviate these parent concerns. KOA will review all the information and come up with recommendations specific for each school. For example, the local cities can partner with local law Race Distribution within the Palos Verdes Peninsula area. US Census 2017 5-Year Estimates B-14 11CITY OF RANCHO PALOS VERDES | PENINSULA-WIDE SAFE ROUTES TO SCHOOL PLAN UNDERSTANDING OF THE PROJECT enforcement officers to routinely patrol at schools during the drop-off/pick-up time periods to enforce motorists’ speed. Having an established crossing guard program can prevent motorists from picking up speed immediately near the school, while concurrently helping students safely cross the roadway. Similarly, a walking school bus program can help drop off/pick up students close to their home, providing another form of adult supervision and healthy alternatives. While these options have been utilized and tested in other schools, the needs and interest of each school determine the most effective program for the particular school. Based on the 10-year collision data obtained from Transportation Injury Mapping System (TIMS), there were a total of 48 pedestrian and bike-related collisions within the Palos Verdes Peninsula from 2008 to 2017. Of the 48 collisions, five were severely injured and three were fatal. These pedestrian and bicycle-related collisions occurred within a quarter-mile of the 18 school sites. KOA will conduct an in-depth collision analysis to determine the types of collisions that occurred within these 18 school sites and conduct a comprehensive engineering evaluation to determine the appropriate countermeasures to decrease these pedestrian and bike-related collisions and encourage walking and biking to school. Students Traveling Distance to/from School Physical constraints play an important factor for parents’ B-15 12CITY OF RANCHO PALOS VERDES | PENINSULA-WIDE SAFE ROUTES TO SCHOOL PLAN UNDERSTANDING OF THE PROJECT and students’ decision to walk and bike. The typical walking speed of school-age children is 2.7 mph, while the typical biking speed is 5.2 mph. Thus, a reasonable walking distance for school-age children to walk to and from school is a quarter (1/4) mile. According to our preliminary analysis, many students within the Palos Verdes Peninsula live within a quarter to half a mile from their school. While pedestrian and bicycle facilities may be available from home to school, some students may have to travel farther, using different modes of transportation. A walking school bus/bike train or park-and-walk program can address this concern by utilizing nearby parks or park-and-ride lots, then having the children walk or bike to school. Parents can drop off/pick up their children at the satellite locations and their children can walk or bike the remainder of the way to/from school with their peers, under adult supervision. This program would allow students to gain the value of walking and biking to school while working within the confinement of their physical abilities. PEDESTRIAN AND BICYCLE INFRASTRUCTURE Balance of Pedestrian, Bicycle, and Vehicles At many schools, there is a need to better balance the accommodations for pedestrians, bicycles, and vehicles. At Mira Catalina Elementary School, for example, the school is adjacent to Crest Road with the main entrance on Lucania Drive. Crest Road is a four-lane roadway with a downhill B-16 13CITY OF RANCHO PALOS VERDES | PENINSULA-WIDE SAFE ROUTES TO SCHOOL PLAN UNDERSTANDING OF THE PROJECT slope in the eastbound direction approaching Lucania Drive. The roadway curves both west and east of Lucania Drive. The posted speed limit along Crest Road is 45 miles per hour. The intersection of Crest Road and Lucania Drive is unsignalized but provides a high visibility crosswalk, offering pedestrians an opportunity to cross the 56-foot- wide roadway. These push-pull factors present challenges to providing safer pedestrian and bicycle facilities in the Palos Verdes Peninsula area. KOA strives to create a SRTS plan that is both visionary and implementable. As such, our project recommendations are innovative, creative, and constructible. We have worked on pedestrian and bicycling plans in Los Angeles County, including the Santa Clarita SRTS and Burbank SRTS & PS&E Plan. Although challenging, it is possible to work within constraints. Connectivity and the Active Transportation Network Pedestrian and bicycling infrastructure such as sidewalks and bike lanes provides a necessary buffer from vehicle traffic and creates a safer environment. While there are many other elements in the form of traffic engineering and urban design that can enhance pedestrian and bicyclist safety, visibility, and comfort, separation from vehicle traffic remains one of the most important components for pedestrians and bicyclists. Certain school areas in the Palos Verdes Peninsula lack pedestrian and bicycling facilities; many others have bicycling and pedestrian infrastructure that need improvements. For instance, sidewalks are missing on Lucania Drive, Dianora Drive, and other streets within the Mira Catalina Elementary School area, while no pedestrian curb ramps are present at several intersections surrounding other schools. At KOA, we understand that new infrastructure projects can be costly. As such, we will use our engineering capabilities to analyze the existing conditions at each school to develop engineering recommendations that are the most feasible and implementable for each school. For every targeted school site, KOA will conduct field surveys where engineers will review the following: right-of-way, slope, existing drainage, pavement conditions, and conflicts with utilities such as power poles, catch basins, and water/ sewer pipes. We will examine traffic counts, average daily traffic, truck route plans, as well as ADA compliance. After we receive comments from our public outreach activities, we will rank and prioritize each project for each school site by priority, high/medium/low, and will include an implementation guide by facility type based on appropriate near-term and long-term time-frames and an estimation of construction and maintenance cost. KOA’s extensive experience in design and construction management will be valuable in developing the construction and maintenance cost estimates for priority projects. TypeForm Online Survey Sample, multilingual B-17 14CITY OF RANCHO PALOS VERDES | PENINSULA-WIDE SAFE ROUTES TO SCHOOL PLAN KOA Strengths KOA’s experienced planners and engineers understand the importance of Safe Routes to School and active transportation related projects. We have worked together to develop a variety of skills, tools, and experience to bring the best tools to each project for a successful and meaningful project for the community. DATA COLLECTION AND ANALYSIS • Planning and engineering field assessments • Planning-level analysis • Engineering-level analysis • GIS database analysis and management • In-depth collision data analysis using TIMS, Statewide Integrated Traffic Records System (SWITRS), and local police data COMMUNITY OUTREACH • Multi-lingual planning and engineering staff • Experienced staff in conducting walk audits, workshops, presentations, and coordination with stakeholders and the community • GIS e-audit tool providing stakeholders, school officials, parents, and the community an on-line source to provide input regarding any comments, concerns, and issues related to active transportation and Safe Routes to School. • Online and hard copy survey development: KOA uses several types of software including TypeForm which allows KOA to develop online surveys in multiple languages while making them appealing to the public by using the same project theme and branding. BRANDING AND MARKETING • In-house graphic design staff that develops creative and information flyers, posters, presentation boards, project logos, and other collateral in multiple languages • KOA develops unique graphics and color palettes for each project to give them a consistent theme and logo for the community to quickly identify the project • Development of fact sheets which provide project information including infographics, tables, graphs, and are consistent with the project branding theme ENGINEERING TOOLS • Development of high-level engineering conceptual designs and plans developed with constructability in mind • In-house engineering cost estimation tool produced by KOA senior engineering staff that provides detailed construction-level cost estimates for each project • Development of various prioritization tools which can be modified to consider multiple factors at various levels of significance. UNDERSTANDING OF THE PROJECT Level of Comfort (LOC) analysis for pedestrian facilities Garden Grove SRTS multilingual flyer Branding Sample: Morongo Basin ATP project logo Sample of engineering-level conceptual plan B-18 15CITY OF RANCHO PALOS VERDES | PENINSULA-WIDE SAFE ROUTES TO SCHOOL PLAN UNDERSTANDING OF THE PROJECT Project Schedule KOA multilingual staff at walk audit workshop KOA Planning and Engineering staff conducting walk audit B-19 A-1CITY OF RANCHO PALOS VERDES | PENINSULA-WIDE SAFE ROUTES TO SCHOOL PLAN Frank Barrera PROJECT MANAGER | DRAFT & FINAL SRTS PLAN DEVELOPMENT TASK LEADER Senior Planner Mr. Barrera has 13 years of experience in the transportation planning field. He has managed and worked on various Safe Routes to School and Active Transportation projects throughout Southern California. He is proficient in the use of various data analysis and graphic design programs. RELEVANT EXPERIENCE City of Rancho Palos Verdes Traffic Sign Inventory, Assessments, and Cost Estimates, Rancho Palos Verdes, CA KOA Project Manager. The sign inventory and assessment project involved the identification of locations, attributes, and condition of all regulatory, advisory, and directional guide signs using GIS and GPS technologies. KOA prepared a GIS inventory database of the signs and conducted analysis to prioritize and identify the deficient signage to be replaced through the tiered replacement program. The deficient signage was grouped into several replacement tiers; Immediate Replacement; Short-Term Priority; Mid-Term Priority; and Long-Term Priority. Mr. Frank Barrera provided project support, project team coordination, GIS database development and management, and assisted in the preparation of the final report. SCAG City of Garden Grove Safe Routes to School: Phase 1 Plan, Garden Grove, CA Assistant Project Manager. This SRTS project focused on collaborating with six target schools and Garden Grove Unified School District (GGUSD) administrators to develop a set of strategies that are able to be applied to other schools in the GGUSD. Mr. Barrera coordinated with the project team and stakeholders, assisted in preparation of GIS mapping and analysis, conducted six school workshop meetings and walk audits, community engagement and assisted in conducting a tactical urbanism event. Mr. Barrera was also responsible for assisting in the development of engineering recommendations and preparation of draft and final reports. City of Barstow Active Transportation Program (Cycle I) Funding, Barstow, CA Project Manager. Caltrans’ ATP Cycle 1 grant provided the City of Barstow a great opportunity to put together a document, road map, and framework to guide the City in obtaining more grant funding to implement much- needed infrastructure construction as well as non-infrastructure programs to promote multi-modal transportation in a safer, healthier, more pleasant, and livable community environment. Mr. Barrera reviewed and analyzed various documents and data and assisted in developing a pedestrian and bicycle network, Safe Routes to School plans, transit, utilizations, street traffic calming, road diets, and Complete Street policies and strategies. EDUCATION BS, Urban Planning, California State Polytechnic University, Pomona, CA PROFESSIONAL AFFILIATIONS American Planning Association APPENDIX | RESUMES B-20 A-2CITY OF RANCHO PALOS VERDES | PENINSULA-WIDE SAFE ROUTES TO SCHOOL PLAN Min Zhou, PE PRINCIPAL-IN-CHARGE | Principal Engineer In the last seven years, Ms. Zhou has become the leading force for all of KOA’s active transportation projects. She has 25 years of transportation engineering and planning experience in both public and private sectors, developing exceptional professional expertise in roadway and traffic design, transportation studies and modeling, active transportation planning, database management, and statistical analysis. She has managed numerous large-scale projects involving multiple stakeholder groups and has high reputation of delivering projects both on-time and under budget. RELEVANT EXPERIENCE SCAG City of Garden Grove Safe Routes to School: Phase 1 Plan, Garden Grove, CA Project Manager. This SRTS project focused on collaborating with six target schools and Garden Grove Unified School District (GGUSD) administrators to develop a set of strategies that are (1) unique to each school and (2) able to be applied to other schools in the GGUSD. Actions that were utilized to achieve these goals included walking safety assessments, community workshops, data collection, and spatial analyses to understand the existing conditions for a baseline year. Ms. Min Zhou provided project oversight, engineering support, and assisted in coordination with the project team. City of Pasadena Bikeway Transportation Action Plan, Pasadena, CA Project Manager. This action plan provided specific goals, objectives, actions, and timelines for creating an environment (1) where people circulate without a car, (2) that significantly increases the number of people who commute by bike, (3) that increases the number of people who use a bike for utilitarian trips, fitness and recreation, and (4) that provides business and economic benefits for the City. The plan provided details for a network of bikeways so that every neighborhood would be within 1/4 mile of an effective bicycling route in both directional orientations. The plan outlined educational, engagement, enforcement, and evaluation strategies to increase bicyclist safety by educating bicyclists and motorists. Previously, KOA produced a bikeways analysis and feasibility study. The plan built on the study and laid out an action plan for buffered lanes, cycle tracks, and bike boulevards for 10 corridors. Ms. Zhou provided project oversight, coordination with the project team, and development of the draft and final action plan. SBCTA Countywide SR2S Phase II, San Bernardino County, CA Project Manager. KOA helped SBCTA expand the NMTP’s focus to include pedestrian and safe routes to school components. This SRTS Plan Phase II study established a data collection methodology for local jurisdiction and school district uses. KOA conducted walk/bike audits for 55 schools and provided feasible and grant application ready improvement recommendations that included cost estimates. Ms. Zhou provided project oversight, coordination with the project team, quality assurance, and assisted in the development of the draft and final SRTS Phase II Plan. EDUCATION MS, Civil Engineering, Michigan State University, E. Lansing, MI MS, Urban Planning, School of Architecture, Tsinghua University, Beijing, China BS, Urban Planning, School of Architecture, Tongji University, Shanghai, China REGISTRATIONS Professional Engineer, Civil, CA #66448 PROFESSIONAL AFFILIATIONS Institute of Transportation Engineers, Complete Streets Council Executive Committee Past Member Women’s Transportation Seminar International Chinese Transportation Professional Association APPENDIX | RESUMES B-21 A-3CITY OF RANCHO PALOS VERDES | PENINSULA-WIDE SAFE ROUTES TO SCHOOL PLAN Walter Okitsu, PE, PTOE, PTP QA/QC MANAGER Senior Engineer Mr. Okitsu is a founder and a principal of KOA. He has extensive experience in transportation planning and traffic design over a wide variety of highway, transitway, and bikeway projects. This includes designs for traffic signals, street lighting, signing and striping, and work site traffic control. He has field and managerial experience in traffic impact, feasibility analysis, and circulation projects. RELEVANT EXPERIENCE City of Los Angeles Los Angeles Safe Routes to School Plans for the Top 50 Schools with Most Need, Los Angeles, CA Principal-in-Charge. The Los Angeles Department of Transportation (LADOT) selected KOA to conduct outreach and develop countermeasures to improve safety around 50 schools with the most collisions in the school district. KOA worked with LADOT, LAUSD, and school staff to coordinate walking safety assessment events with parents and students to identify safety problems and assess solutions. Mr. Walter Okitsu provided project oversight, quality assurance, and assisted in the development of recommended countermeasures. City of Santa Clarita Safe Routes to School Plan, Santa Clarita, CA Project Engineer. The City of Santa Clarita selected KOA to conduct outreach and develop specific countermeasure recommendations to improve safety and encourage walking and bicycling for 11 schools. KOA worked with school district staff, city staff, schools, community stakeholders, and students to identify specific safety issues around each school and recommend appropriate improvements. KOA worked with a subconsultant to conduct stakeholder meetings, community workshops, and walking/bicycling audits at each school site. Mr. Walter Okitsu provided engineering oversight, quality assurance, and assisted in the development of recommended countermeasures. City of Burbank SRTS Planning and PS&E, Burbank, CA QA/QC Manager. KOA is providing safe routes to school planning and engineering services for three schools in the City. The project will consist of conducting walk and bicycle audits of the street conditions around the three schools as well as conducting travel surveys. In addition to the school outreach, KOA staff will be conducting general community outreach, which together with the school-related activities, will be used to develop an alternatives analysis to assess the most appropriate infrastructure countermeasures to address safety deficiencies in the school vicinity. KOA staff will then prepare full plans, specifications, and cost estimates for each school site. As part of this project, the KOA SRTS team will also be conducting bicycling and walking safety activities at each school. Mr. Walter Okitsu is providing quality assurance and engineering support. EDUCATION BS, Civil Engineering, California State University, Los Angeles MS, Transportation Engineering, UC Berkeley BS, Math-Computer Science, UCLA REGISTRATIONS Professional Engineer, Civil, CA #52655 Professional Engineer, Traffic, CA #1406 Professional Traffic Operations Engineer (PTOE) Professional Transportation Planner (PTP) PROFESSIONAL AFFILIATIONS Institute of Transportation Engineers, International Director California Legislative Council for Professional Engineers, Director UCLA School of Engineering & Applied Sciences, Undergraduate Transportation Engineering Instructor APPENDIX | RESUMES B-22 A-4CITY OF RANCHO PALOS VERDES | PENINSULA-WIDE SAFE ROUTES TO SCHOOL PLAN Carlos Velásquez, AICP ASSISTANT PROJECT MANAGER Senior Planner Mr. Velásquez has experience in transportation planning, transit planning/ operations, traffic circulation, bicycle/pedestrian planning and economic development. He has worked on projects addressing transit operations, pedestrian circulation and safety, bikeway planning, traffic studies, and economic revitalization. Mr. Velásquez has been involved in the development of numerous bicycle and pedestrian plans, including for the cities of South Gate and Lancaster. He has experience in working with downtown associations and businesses to develop and implement strategies to improve the physical appearance and livability of the commercial district. RELEVANT EXPERIENCE City of Los Angeles Los Angeles Safe Routes to School Plans for the Top 50 Schools with Most Need, Los Angeles, CA Project Manager. The Los Angeles Department of Transportation (LADOT) selected KOA to conduct outreach and develop countermeasures to improve safety around 50 schools with the most collisions in the school district. KOA worked with LADOT, LAUSD, and school staff to coordinate walking safety assessment events with parents and students to identify safety problems and assess solutions. City of Santa Clarita Safe Routes to School Plan, Santa Clarita, CA Project Manager. The City of Santa Clarita selected KOA to conduct outreach and develop specific countermeasure recommendations to improve safety and encourage walking and bicycling for 11 schools. KOA worked with school district staff, city staff, schools, community stakeholders, and students to identify specific safety issues around each school and recommend appropriate improvements. KOA worked with a subconsultant to conduct stakeholder meetings, community workshops, and walking/ bicycling audits at each school site. City of Burbank SRTS Planning and PS&E, Burbank, CA Project Manager. KOA is providing safe routes to school planning and engineering services for three schools in the City. The project will consist of conducting walk and bicycle audits of the street conditions around the three schools as well as conducting travel surveys. In addition to the school outreach, KOA staff will be conducting general community outreach, which together with the school-related activities, will be used to develop an alternatives analysis to assess the most appropriate infrastructure countermeasures to address safety deficiencies in the school vicinity. KOA staff will then prepare full plans, specifications, and cost estimates for each school site. As part of this project, the KOA SRTS team will also be conducting bicycling and walking safety activities at each school. EDUCATION MA, City and Regional Planning, University of California, Berkeley, CA BA, Geography/Environmental Studies and History, University of California, Los Angeles, CA REGISTRATIONS American Institute of Certified Planners (AICP) #026845 League Cycling Instructor (LCI) #4369 PROFESSIONAL AFFILIATIONS American Planning Association Urban Land Institute Young Professionals in Transportation League Cycling Instructor, League of American Bicyclists APPENDIX | RESUMES B-23 A-5CITY OF RANCHO PALOS VERDES | PENINSULA-WIDE SAFE ROUTES TO SCHOOL PLAN RESUMES Giuseppe Canzonieri, PE WALK AUDIT & COUNTER-MEASURE DEVELOPMENT TASK LEADER Senior Engineer Mr. Canzonieri has performed numerous projects for public and private developments throughout Southern California. He has considerable experience working with roadway design, traffic signal design, signing and striping design, traffic control design, construction specifications, and cost estimates. He has served as the design leader on many civil/traffic engineering design projects for the cities of Rancho Palos Verdes, Thousand Oaks, Los Angeles, West Hollywood, and others. Mr. Canzonieri is known for his quality control capabilities. RELEVANT EXPERIENCE • City of Los Angeles Los Angeles Safe Routes to School Plans for the Top 50 Schools with Most Need | Project Engineer • City of Burbank SRTS Planning and PS&E | Project Engineer • Palos Verdes Drive South Compatible Bike Lane Safety Project, Rancho Palos Verdes | Project Manager • Ranchos Palos Verdes Arterial Roads Rehabilitation Project, Rancho Palos Verdes | Project Engineer EDUCATION BS, Civil Engineering, California State Polytechnic University, Pomona REGISTRATIONS Professional Engineer, Civil, CA #79006 PROFESSIONAL AFFILIATIONS American Society of Civil Engineers EDUCATION Master’s, Urban and Regional Planning, University of California, Los Angeles BA, Urban Studies and Planning, University of California, San Diego REGISTRATION American Planning Association Los Angeles County Bicycle Coalition Brianne Masukawa DATA COLLECTION & ANALYSIS TASK LEADER Assistant Planner Ms. Masukawa has experience in transportation planning projects aimed at developing and improving multimodal connections in Southern California. Over the past few years, she has accumulated experience performing public outreach, writing grant narratives, and collecting bicycle and pedestrian counts for active transportation projects at non-profit bike and pedestrian organizations, community partnerships, and municipal and state agency offices in San Diego and Los Angeles. RELEVANT EXPERIENCE • City of Los Angeles Los Angeles Safe Routes to School Plans for the Top 50 Schools with Most Need | Planning Support • City of Santa Clarita Safe Routes to School Plan | Planning Support • City of Burbank SRTS Planning and PS&E | Planning Support • City of Commerce Bike and Ped Master Plan | Project Planner APPENDIX | RESUMES B-24 A-6CITY OF RANCHO PALOS VERDES | PENINSULA-WIDE SAFE ROUTES TO SCHOOL PLAN RESUMES EDUCATION BS, Urban & Regional Planning, California State Polytechnic University, Pomona Minor, Geographic Information Systems, California State Polytechnic University, Pomona Roger Pelayo COMMUNITY & STAKEHOLDER ENGAGEMENT TASK LEADER Senior Planner Mr. Roger Pelayo has 12 years of experience specializing in sustainable transportation and its relationship to urban form, inclusive of pedestrian/bicyclist behavior; access to transit; and street and urban design research and practice. He is KOA’s leading outreach specialist—possessing excellent meeting and workshop facilitation skills, both in English and Spanish. He has been a key contributor in preparing studies that guide the growth and development of local and regional transportation infrastructures, with the goal to provide a multi-modal system that addresses both short and long-term needs. As an avid runner and bicyclist, Mr. Pelayo has a keen understanding of the safety issues pedestrians/bicyclists encounter. RELEVANT EXPERIENCE • City of Los Angeles Los Angeles Safe Routes to School Plans for the Top 50 Schools with Most Need | Outreach Task Leader • SCAG City of Garden Grove Safe Routes to School: Phase 1 Plan, Garden Grove | Asst. PM • SCAG City of Montclair Safe Routes to School Master Plan, Montclair | PM APPENDIX | RESUMES B-25 www.koacorp.com LOS ANGELES | CORPORATE OFFICE 1100 Corporate Center Drive, Suite 201 Monterey Park, CA 91754 P (323) 260-4703 F (323) 260-4705 ORANGE OFFICE 2141 W. Orangewood Avenue Orange, CA 92868 P (714) 573-0317 F (714) 573-9534 SAN BERNARDINO OFFICE 3190 Shelby Street, Bldg C Ontario, CA 91764 P (909) 890-9693 F (909) 890-9694 SAN DIEGO OFFICE 5095 Murphy Canyon Road, Suite 330 San Diego, CA 92123 P (619) 683-2933 F (619) 683-7982 MB93038 B-26 CONTRACT SERVICES AGREEMENT By and Between CITY OF RANCHO PALOS VERDES and KOA CORPORATION 01203.0006/543321.1 1 C-1 AGREEMENT FOR CONTRACT SERVICES BETWEEN THE CITY OF RANCHO PALOS VERDES AND KOA CORPORATION THIS AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and entered into this 16th day of April, 2019 by and between the City of Rancho Palos Verdes, a California municipal corporation (“City”) and KOA Corporation, a California Corporation (“Consultant”). City and Consultant may be referred to, individually or collectively, as “Party” or “Parties.” RECITALS A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement. B. Consultant, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services. C. Pursuant to the City of Rancho Palos Verdes’ Municipal Code, City has authority to enter into and execute this Agreement. D. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein. OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows: ARTICLE 1. SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those 01203.0006/543321.1 C-2 standards of practice recognized by one or more first-class firms performing similar work under similar circumstances. 1.2 Consultant’s Proposal. The Scope of Service shall include the Consultant’s scope of work or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern. 1.3 Compliance with Law. Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered. 1.4 California Labor Law. If the Scope of Services includes any “public work” or “maintenance work,” as those terms are defined in California Labor Code section 1720 et seq. and California Code of Regulations, Title 8, Section 16000 et seq., and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws, including the following requirements: (a) Public Work. The Parties acknowledge that some or all of the work to be performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by regulation. (b) Prevailing Wages. Contractor shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Contractor acknowledges receipt of a copy of the Department of Industrial Relations (DIR) determination of the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job site where work is performed under this Agreement. (c) Penalty for Failure to Pay Prevailing Wages. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar 01203.0006/543321.1 2 C-3 day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor. (d) Payroll Records. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement. (f) Eight-Hour Work Day. Contractor acknowledges that eight (8) hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section 1810. (g) Penalties for Excess Hours. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay. (h) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Contractor certifies as follows: “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.” 01203.0006/543321.1 3 C-4 Contractor’s Authorized Initials ________ (i) Contractor’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Contractor shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor. 1.5 Licenses, Permits, Fees and Assessments. Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder. 1.6 Familiarity with Work. By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from the Contract Officer. 1.7 Care of Work. The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence. 01203.0006/543321.1 4 C-5 1.8 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other. 1.9 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed. 1.10 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern. ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT. 2.1 Contract Sum. Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Two Hundred Thirty-Four Thousand Nine Hundred Ninety Dollars ($234,990) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.9. 01203.0006/543321.1 5 C-6 2.2 Method of Compensation. The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the Consultant’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation. 2.3 Reimbursable Expenses. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City. Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings. 2.4 Invoices. Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person. City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law. 2.5 Waiver. Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant. 01203.0006/543321.1 6 C-7 ARTICLE 3. PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively. 3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section. 3.4 Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding two years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”). [The City may, in its sole discretion, extend the Term for one additional one-year term.] ARTICLE 4. COORDINATION OF WORK 4.1 Representatives and Personnel of Consultant. The following principals of Consultant (“Principals”) are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: 01203.0006/543321.1 7 C-8 Min Zhou, PE Deputy CEO (Name) (Title) Charles Stephan, PE Vice President (Name) (Title) It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Consultant shall notify City of any changes in Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance. 4.2 Status of Consultant. Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights. 4.3 Contract Officer. The Contract Officer shall be Elias Sassoon, Director of Public Works, or such person as may be designated by the City Manager. It shall be the Consultant’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. 01203.0006/543321.1 8 C-9 4.4 Independent Consultant. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant. 4.5 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City. ARTICLE 5. INSURANCE AND INDEMNIFICATION 5.1 Insurance Coverages. Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. (a) 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. (b) Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury 01203.0006/543321.1 9 C-10 and property damage for all activities of the Consultant arising out of or in connection with Services 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. (c) Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (d) Workers’ compensation insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). (e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”. 5.2 General Insurance Requirements. (a) Proof of insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. (b) Duration of coverage. Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants. (c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non- contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured. 01203.0006/543321.1 10 C-11 (d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager. (f) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (g) Enforcement of contract provisions (non-estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. (h) Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. 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 all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (i) Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. (j) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. 01203.0006/543321.1 11 C-12 (k) Prohibition of undisclosed coverage limitations. 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. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause. Consultant agrees to ensure that its subconsultants, 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 and endorsements 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 consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications. 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 and Consultant may renegotiate Consultant’s compensation. (o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. (p) Timely notice of claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. (q) Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 5.3 Indemnification. To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or 01203.0006/543321.1 12 C-13 entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith: (a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith; (b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom; (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees. Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement. ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION 6.1 Records. Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make 01203.0006/543321.1 13 C-14 records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act. 6.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed. 6.3 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City. 6.4 Confidentiality and Release of Information. (a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such 01203.0006/543321.1 14 C-15 information or work product to persons or entities other than City without prior written authorization from the Contract Officer. (b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. (d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION 7.1 California Law. This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California. 7.2 Disputes; Default. In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the 01203.0006/543321.1 15 C-16 invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement. 7.3 Retention of Funds. Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein. 7.4 Waiver. Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary 01203.0006/543321.1 16 C-17 provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement. 7.7 Liquidated Damages. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of zero ($0) as liquidated damages for each working day of delay in the performance of any service required hereunder. The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages. 7.8 Termination Prior to Expiration of Term. This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days ’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2. 7.9 Termination for Default of Consultant. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated. 7.10 Attorneys’ Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such 01203.0006/543321.1 17 C-18 action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 8.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 8.3 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class. 01203.0006/543321.1 18 C-19 8.4 Unauthorized Aliens. Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City. ARTICLE 9. MISCELLANEOUS PROVISIONS 9.1 Notices. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Rancho Palos Verdes, 30940 Hawthorne Blvd., Rancho Palos Verdes, California 90275 and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. 9.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 9.3 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. 9.4 Integration; Amendment. This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. 01203.0006/543321.1 19 C-20 9.5 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 9.6 Warranty & Representation of Non-Collusion. No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect. Consultant’s Authorized Initials _______ 9.7 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE] 01203.0006/543321.1 20 C-21 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written. CITY: CITY OF RANCHO PALOS VERDES, a municipal corporation , Mayor ATTEST: , City Clerk APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP , City Attorney CONSULTANT: KOA CORPORATION By: Name: Min Zhou Title: Deputy CEO By: Name: Charles Stephan Title: Vice President Address: 2141 West Orangewood Ave., Suite A Orange CA, 92868 Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY. 01203.0006/543321.1 21 C-22 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF LOS ANGELES On __________, 2019 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: _____________________________________ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER _______________________________ TITLE(S) PARTNER(S) LIMITED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER_______________________________ ______________________________________ SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) _____________________________________________ _____________________________________________ ___________________________________ TITLE OR TYPE OF DOCUMENT ___________________________________ NUMBER OF PAGES ___________________________________ DATE OF DOCUMENT ___________________________________ SIGNER(S) OTHER THAN NAMED ABOVE A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. 01203.0006/543321.1 C-23 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF LOS ANGELES On __________, 2019 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: _____________________________________ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER _______________________________ TITLE(S) PARTNER(S) LIMITED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER_______________________________ ______________________________________ SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) _____________________________________________ _____________________________________________ ___________________________________ TITLE OR TYPE OF DOCUMENT ___________________________________ NUMBER OF PAGES ___________________________________ DATE OF DOCUMENT ___________________________________ SIGNER(S) OTHER THAN NAMED ABOVE A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. 01203.0006/543321.1 C-24 EXHIBIT “A” SCOPE OF SERVICES I. Consultant will perform the following Services for the Peninsula-Wide Safe Routes to School (SRTS) Plan: Task 1 Project Management and Procurement Project Kick-off Meeting with Consultant City’s Contract Officer will schedule a kick-off meeting with the Consultant to: 1) review the project’s objectives, timeline, and Statement of Work (i.e., task list); 2) discuss Caltrans’ expectations and requirements; and 3) outline a prioritized list of action items. Task 2 Data Collection and Analysis Task 2.1 Review and Analyze Existing Documents and Data Consultant shall review existing documents collected to date including, but not limited to, preliminary collision reports from the Transportation Injury Mapping System (TIMS) and the LA County Sheriff's Department, the school district’s transportation plan and policies, relevant data collected by the schools, and relevant Caltrans District 7 planning documents, such as the Transportation Concept Report (TCR) (closest freeway is I-110). Task 2.2 Conduct In-depth Collision Analysis Consultant shall conduct a detailed analysis of pedestrian and bicycle collision data for each school site. Using data from TIMS and the Sheriff's Department, Consultant shall analyze data along multiple dimensions including age of pedestrian/bicyclist, collision location (e.g., inside or outside a crosswalk), type of collision (e.g., broadside, rear-end), collision severity (i.e., fatality or injury), etc. Consultant shall create a variety of documents that describe the findings at the district- and school-levels, including narrative description, ‘heat maps,’ to show locations where high numbers of collisions have occurred, and charts and graphs to demonstrate other findings. Task 2.3 Design Parent and Student Surveys Consultant shall design online parent and student surveys using existing survey forms (in English and Spanish) developed by the National Safe Routes to School Partnership. The surveys will ask about current levels of student walking and biking to school, factors that affect whether parents allow their children to walk or bike to school, the presence of key safety-related conditions along routes to school, and related background information. 01203.0006/543321.1 A-1 C-25 Task 2.4 Conduct Walking Audits at Each School Consultant shall conduct walking audits at each of the 18 school sites. The in-person walkability audits will be comprehensive and include assessment of streets and intersections within a 0.5-mile radius of each school. Audit components must include, but not be limited to, the following: • Sidewalk continuity and condition; • Local traffic volumes, speeds, and patterns; • Existing routes for pedestrians and bicyclists; • Crosswalk locations and pedestrian signals/phasing; • Roadway and crosswalk lighting; • Curb ramp locations; • Presence of bike racks at the school sites; • Existing signage and pavement markings; • Crossing guard locations; • Behavior of motorists, pedestrians, and bicyclists; • Barriers and visibility obstructions for pedestrians and bicyclists; and • Potential countermeasures for each school site, estimated costs, and benefit-cost analysis of each suggested countermeasure. Countermeasures may include:  Engineering strategies including the addition of sidewalks, safe crossings, traffic calming measures, and other pedestrian and bicycle infrastructure;  Education strategies;  Enforcement strategies; and  Encouragement strategies. The walking audits will also include data from a non-engineering perspective (i.e., the perspective of parents and residents). Task Deliverable 2.1 List of materials and data reviewed 2.2 Final collision analysis (including data sources) 2.3 Parent and student survey 2.4 Site-specific summaries of the walking audits, maps, photographs, technical reports Task 3 Community and Stakeholder Engagement Task 3.1 Establish Advisory Group Consultant, with City Staff assistance, shall establish an Advisory Group comprised of invited stakeholders, including (1) Palos Verdes Peninsula Unified School District (PVPUSD); (2) Los Angeles Unified School District (LAUSD); (3) City of Palos Verdes Estates; (4) City of Rolling Hills Estates; (5) City of Rolling Hills; (6) Palos Verdes Peninsula (PVP) Council of PTAs (Parent Teacher Associations); (7) Los Angeles County Sheriff’s Department, Lomita Station; (8) Los Angeles County Department of Public Health (DPH); plus, any planning staff and other community-based organizations, to seek information pertaining to SRTS planning. Caltrans 01203.0006/543321.1 A-2 C-26 will be invited to participate in the Advisory Group, as their availability allows. City staff and Consultant will conduct regular Advisory Group meetings, in a number and with a frequency determined necessary or warranted by City’s Contract Officer, to present progress of findings and solicit both general comments and site-specific input. The involvement of the Council of PTAs is particularly important as they are comprised of 16 individual PTAs with over 11,000 parent/guardian members. As such, they have a firsthand interest in the well being and personal safety of the students and are greatly supportive of the City's SRTS Plan. Task 3.2 Develop a Community Engagement Plan Consultant shall meet with representatives of PVPUSD and LAUSD to discuss their outreach efforts to-date and lessons learned. With this information, Consultant shall develop a memorandum outlining specific outreach, engagement strategies and events (described below), recommended timelines, partners needed to implement the strategy/event, needed resources (e.g., event space), methods for collecting feedback from each strategy/event, and methods for promoting the engagement events. Possible promotional methods include announcements via the schools’ social media accounts (Facebook and Twitter), Facebook Live meetings, and the school’s websites. Flyers and posters can be distributed in the schools, at school and community events, and in locations in the neighborhoods (e.g., grocery stores, churches, parks, and other places frequented by residents). Other forms of communication shall include take- home announcements (i.e., backpacks), or announcements presented on school marquees. Task 3.3 Conduct and Analyze Parent and Student Surveys The online survey (described in Task 2.3 above) will be hosted on the City or school district’s website and the survey will be promoted via the community and stakeholder engagement activities described in Task 3.2. Consultant shall compile and analyze the data received from surveys and will present findings at the district- and school-levels via narrative description, charts, and graphs. Task 3.4 Seek Input from School-Based Community Groups Consultant and representatives from City staff designated by City’s Contract Officer will schedule and meet with individual school PTAs. At each meeting, the Consultant will present a slide show that covers the project overview and objectives and lead a structured discussion about related needs and concerns in each neighborhood. Task 3.5 Conduct Open Community-Based Meetings City and Consultant will lead community-based meetings (in person or via Facebook Live) and present a slide show, to be prepared by Consultant to the reasonable satisfaction of City’s Contract Officer, that covers the project overview and objectives and presents initial walkability audit findings. Small group charrettes will be formed to gather input on specific issues, and these small-group findings will be reported to the larger group at the end of the meeting. Participants will complete a brief evaluation form at the conclusion of the meeting that will assess their satisfaction with the meeting and offer another opportunity to provide input on the project. These meetings will be open to the public, and widely promoted via the 01203.0006/543321.1 A-3 C-27 strategies described in Task 3.2. Participants will include staff from the City, staff from the school districts, and school officials, and invited stakeholders listed above in Task 3.1. The meetings will be scheduled to ensure maximum involvement, and the Consultant will consider both evening and/or weekend dates. Task Deliverable 3.1 List of Advisory Group members, meeting agenda, presentations, and notes 3.2 Final community engagement plan 3.3 Copies of the parent and student surveys, response rate, summary of findings 3.4 Agendas, participant lists, PowerPoint presentations, meeting notes, photographs 3.5 Agenda, participant list, PowerPoint presentation, meeting and charrette notes, photographs Task 4 Prepare Peninsula-Wide Safe Routes to School Plan Task 4.1 Prioritize Projects Using feedback from the data collection and community engagement phases (Tasks 2 and 3), Consultant will work with City staff, as designated by City’s Contract Officer, to develop a list of peninsula-wide priority projects for each school. A point system will be developed that includes, among other things, the Caltrans Sustainable Transportation Planning's eight (8) objectives (sustainability, preservation, mobility, safety, innovation, economy, health, and social equity). Task 4.2 Develop the Draft Plan Consultant shall develop the draft Peninsula-Wide SRTS Plan, which will incorporate the input received from community members and stakeholders, and will be framed on the six Es of safe routes to school programs (i.e., evaluation, engineering, education, encouragement, enforcement, and equity). The SRTS Plan will integrate health, fitness, traffic relief, environmental awareness, and safety, as suggested by the California Department of Public Health. Part of the SRTS Plan will be to explore developing or locating a simple mobile app that creates challenges for kids, such as creating walking school buses or tracking miles walked/biked. City’s Contract Officer shall review the draft SRTS Plans to ensure that preliminary contents of such SRTS Plan include at least the following elements: Preliminary Contents for the Peninsula-Wide Safe Routes to School Plan 1. Introduction 1.1 Need for the Project 1.2 Description of the Six Es as the Framework for the Plan (i.e., evaluation, engineering, education, encouragement, enforcement, and equity). 1.3 Summary of the Data Collection Activities and Findings (peninsula-wide) 1.4 Summary of Community Engagement Strategies and Findings 01203.0006/543321.1 A-4 C-28 2. School-Specific Findings and Recommendations 2.1 School Description and Setting 2.2 Routes to School (Map) 2.3 Existing Pedestrian and Bicycle Facilities 2.4 Crosswalks 2.5 Crossing Guards 2.6 Pavement Markings and Signage 2.7 Drop-off and Pick-Up Patterns 2.8 Traffic Volumes, Speeds, and Patterns 2.9 Barriers and Visibility Obstructions 2.10 Collision History 2.11 General Recommendations 3. Implementation and Next Steps 3.1 Priority Projects by School (including description, location, estimated cost, and timeline) 3.2 Priority Project for the Districts (including description, location, estimated cost, and timeline) 3.3 Recommended Next Steps 4. Potential Funding Sources 4.1 Outline of Federal, State, Regional, Local, and Foundation Grant and other Funding Opportunities The draft SRTS Plan will be reviewed by City’s Contract Officer, school district(s) staff, school staff, and the City Council. Consultant shall gather, organize, and incorporate input, suggested edits, and feedback. The draft plan will also be provided to Caltrans for feedback. Task 4.3 Develop the Final Plan Thereafter, Consultant shall develop the final Peninsula-Wide SRTS Plan for review and approval by City and school district officials. The final Plan will be formally presented to City’sCity Council and the districts' school boards. The community will be encouraged to attend these open public meetings to provide comment and feedback on the SRTS Plan and the proposed projects. The SRTS Plan will only become final if approved by City’s City Council. Consultant shall, without additional cost to City, revise the SRTS Plan until the same is approved by City’s City Council. Tas k Deliverable 4.1 Prioritization criteria, List of Priority Projects 4.2 Draft Peninsula-Wide Safe Routes to School Plan 4.3 Final Peninsula-Wide Safe Routes to School Plan 01203.0006/543321.1 A-5 C-29 Task 5 Fiscal Management Task 5.1 Invoicing Consultant shall prepare and submit invoice packages for City’s Staff review to be submitted to Caltrans in accordance with Caltrans’ requirements as stated in the grant agreement. Task 5.2 Quarterly Reports Consultant shall develop and submit complete quarterly reports for City’s Staff review to be submitted to Caltrans in accordance with Caltrans’ requirements as stated in the grant agreement (and including a summary of the project progress and expenditures to-date). Task 5.3 Final Close-out Report Consultant shall develop and submit a final close-out report for City’s Contract Officer’s review, and subject to his/her reasonable approval, submit the same to Caltrans detailing completion of the project. Task Deliverable 5.1 Invoice Packages 5.2 Quarterly Reports 5.3 Final Close-out Report II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City: a. Final collision analysis (Task 2.2) b. Site-specific summaries of the walking audits, maps, photographs, and technical reports (Task 2.4) c. Final community engagement plan (Task 3.2) d. Copies of the parent and student surveys, response rate, summary of findings (Task 3.3) e. List of priority projects with prioritization criteria (Task 4.1) f. Draft Peninsula-Wide Safe Routes to School Plan (Task 4.2) g. Final Peninsula-Wide Safe Routes to School Plan (Task 4.3) h. Invoice Packages (Task 5.1) 01203.0006/543321.1 A-6 C-30 i. Quarterly Reports (Task 5.2) j. Final Close-Out Report (Task 5.3) III. In addition to the requirements of Section 6.2, during performance of the Services, Consultant will keep City’s Contract Officer fully appraised of the status of performance by delivering bi-weekly progress reports and holding monthly meetings, as needed. IV. All work product is subject to review and acceptance by City’s Contract Officer, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by the same. V. Consultant will utilize the following personnel to accomplish the Services: a. Walter Okitsu, PE, PTOER, PTP – QA/QC Manager b. Min Zhou, PE – Principal-In-Charge c. Frank Barrera – Project Manager / Draft and Final SRTS Plan Development Task Leader d. Carlos Velasquez, AICP – Assistant Project Manager e. Brianne Masukawa – Data Collection & Analysis Task Leader f. Giuseppe Canzonieri, PE – Walk Audit & Counter-Measure Development Task Leader g. Roger Pelayo – Community & Stake-Holder Engagement Task Leader h. Ivy Hang i. Jenny Yu j. Sean Reseigh k. Ryland Lu l. Trevor Lien m. Braulio Hoyos n. Ryan Calad, PE o. Wyatt Sing, EIT p. Harold Arzate q. Karen Tsai 01203.0006/543321.1 A-7 C-31 EXHIBIT “B” SPECIAL REQUIREMENTS (Superseding Contract Boilerplate) [INTENTIONALLY LEFT BLANK] 01203.0006/543321.1 B-1 C-32 EXHIBIT “C” SCHEDULE OF COMPENSATION I. Consultant shall perform the following tasks at the following rates: II. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.9. III. The City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include: A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate. B. Line items for all materials and equipment properly charged to the Services. C. Line items for all other approved reimbursable expenses claimed, with supporting documentation. D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services. 01203.0006/543321.1 C-1 C-33 V. The total compensation for the Services shall not exceed the Contract Sum as provided in Section 2.1 of this Agreement. VI. The Consultant’s billing rates for all personnel are attached as Exhibit C-1. NOT APPLICABLE 01203.0006/543321.1 C-2 C-34 EXHIBIT “D” SCHEDULE OF PERFORMANCE I. Consultant shall perform all Services timely in accordance with the schedule to be developed by Consultant and subject to the written approval of the Contract Officer and the City Attorney’s office. II. Consultant shall deliver the following tangible work products to the City by the following dates. III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2. 01203.0006/543321.1 D-1 C-35