Costa Mesa City Council
January 21, 2025

1 Kimley-Horn and Associates, Inc.

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CITY OF COSTA MESA

PROFESSIONAL SERVICES AGREEMENT
WITH KIMLEY-HORN AND ASSOCIATES, INC.

THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this 21st day of January, 2025 (“Effective Date”), by and between the CITY OF COSTA MESA, a municipal corporation (“City”), and KIMLEY-HORN AND ASSOCIATES, INC. a North Carolina corporation (“Consultant”).

RECITALS
A. City proposes to utilize the services of Consultant as an independent contractor to prepare a Safe Routes to School (SRTS) Action Plan, as more fully described herein; and B. Consultant represents that it has that degree of specialized expertise contemplated within California Government Code section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and
C. City and Consultant desire to contract for the specific services described in Exhibit “A” and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and
D. No official or employee of City has a financial interest, within the provisions of sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:

1.0. SERVICES PROVIDED BY CONSULTANT

1.1. Scope of Services. Consultant shall provide the profess ional services described in City’s Request for Proposals, attached hereto as Exhibit “A,” and Consultant’s Proposal, attached hereto as Exhibit “B,” both incorporated herein.

1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement.

1.3. Performance to Satisfaction of City. Consultant agrees to perform all the work to the complete satisfaction of the City. Evaluations of the work will be done by the City Manager or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to:
(a) Meet with Consultant to review the quality of the work and resolve the matters of concern;
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(b) Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or

(c) Terminate the Agreement as hereinafter set forth.

1.4. Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws , including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers’ compensation insurance and safety in employment; and all other Federal, State and local laws a nd ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys’ fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant’s performance under this Agreement.

1.5. Non-Discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their 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 or veteran status, except as permitted pursuant to s ection 12940 of the Government Code.

1.6. Non-Exclusive Agreement . Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.

1.7. Delegation and Assignment . This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant’s sole cost and expense.

1.8. Confidentiality. Employees of Consultant in the course of their duties may have access to financial, accounting, statistical, and personnel data of private individuals and employees of City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosur e is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant’s covenant under this Section shall survive the termination of this Agreement.

2.0. COMPENSATION AND BILLING

2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit “C,” attached hereto and made a part of this Agreement. Consultant’s total compensation shall not exceed Five Hundred Forty-One Thousand Seven Hundred Seventy-Four Dollars and Twenty-Six Cents ($541,774.26).

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2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in the Consultant’s Proposal unless the City Manager or designee , prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable.

2.3. Method of Billing . Consultant may su bmit invoices to the City for approval on a progress basis, but no more often than two times a month. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail, the services performed , the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of t he authorized change order, where applicable, on all invoices.

2.4. Records and Audits. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Project Manager for inspection and/or audit at mutually convenient times from the Effective Date until three (3) years after termination of this Agreement.

3.0. TIME OF PERFORMANCE

3.1. Commencement and Completion of Work . Unless otherwise agreed to in writing by the parties, t he professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Said services shall be performed in strict compliance with the Project Schedule approved by City as set forth on page 4 in Exhibit “B,” attached hereto and incorporated herein. The Project Schedule may be amended by mutual agreement of the parties. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement.

3.2. Excusable Delays . Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, pandemics (excluding COVID-19), material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party (each, a “Force Majeure Event”). If a party experiences a Force Majeure Event, the party shall, within five (5) days of the occurrence of the Force Majeure Event, give written notice to the other party stating the nature of the Force Majeure Event, its anticipated duration and any action being taken to avoid or minimize its effect. Any suspension of performance shall be of no greater scope and of no longer duration than is reasonably required and the party experiencing the Force Majeure Event shall use best efforts without being obligated to incur any material expenditure to remedy its inability to perform; provided, however, if the suspension of performance continues for sixty (60) days after the date of the occurrence and such failure to perform would constitute a material breach of this Agreement in the absence of such Force Majeure Event, the parties shall meet and discuss in good faith any amendments to this Agreement to permit the other party to exercise its rights under this Agreement. If the parties are not able to agree on such amendments within thirty (30) days and if suspension of performance continues, such other party may terminate this Agreement immediately by written notice to the party experiencing the Force Majeure Event, in which case neither party shall have any liability to the other except for those rights and liabilities that accrued prior to the date of termination.

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4.0. TERM AND TERMINATION

4.1. Term. This Agreement shall commence on the Effective Da te and continue for a period of twenty-four (24) months, ending on January 20, 2027, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. This Agreement may be extended by two (2) additional one (1) year periods upon mutual written agreement of both parties.

4.2. Notice of Termination . The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing written notice to Consultant.

The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City.

4.3. Compensation. In the event of termination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including the date of City’s written notice of termination. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant.

4.4. Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps a nd reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents without specific written authorization from Consultant shall be at City’s sole risk and without liability or legal expense to Consultant.

5.0. INSURANCE

5.1. Minimum Scope and Limits of Insurance . Consultant shall obtain , maintain, and keep in full force and effect during the life of this Agreement all of the following minimum scope of insurance coverages with an insurance company admitted to do business in California, rated “A,” Class X, or better in the most recent A.M. Best’s Rating Guide, and approved by City:

(a) Commercial general liability, including premises-operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than One Million Dollars ($1,000,000.00) per occurrence, Two Million Dollars ($2,000,000.00) general aggregate.

(b) Business a utomobile liability for owned vehicles, hired, and non -owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00) combined single limit per accident for bodily injury and property damage.

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(c) Workers’ compensation insurance as required by the State of California.

Consultant agrees to waive, and to obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against the City , its officers, agents, employees, and volunteers arising from work performed by Consultant for the City and to require each of its subcontractors, if any, to do likewise under their workers’ compensation insurance policies.

(d) Professional errors and omissions (“E&O”) liability insurance with policy limits of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. If the policy is written as a “claims made” policy, the retro date shall be prior to the start of the contract work.

Consultant shall obtain and maintain, said E&O liability insurance during the life of this Agreement and for three years after completion of the work hereunder.

5.2. Endorsements. The commercial general liability insurance policy and business automobile liability policy shall contain or be endorsed to contain the following provisions:

(a) Additional insureds: “The City of Costa Mesa and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant.”

(b) Notice: “Said policy shall not terminate, be suspended, or voided, nor shall it be cancelled, nor the coverage or limits reduced, until thirty (30) days after written notice is given to City.”

(c) Other insurance: “ The Consultant’s insurance coverage shall be primary insurance as respects the City of Costa Mesa, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Costa Mesa shall be excess and not contributing with the ins urance provided by this policy.”

(d) Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Costa Mesa, its officers, officials, agents, employees, and volunteers.

(e) The Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

5.3. Deductible or Self -Insured Retention . If any of such policies provide for a deductible or self-insured retention to provide such coverage, the amount of such deductible or self-insured retention shall be approved in advance by City. No policy of insurance issued as to which the City is an addi tional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self-insured retention. 5 6
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5.4. Certificates of Insurance. Consultant shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement.

5.5. Non-Limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property.

6.0. GENERAL PROVISIONS

6.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement.

6.2. Representatives. The C ity Manager or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement.

Consultant shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement.

6.3. Project Managers. City shall designate a Project Manager to work directly with Consultant in the performance of this Agreement.

Consultant shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement. Consultant or its Project Manager shall attend and assist in all coordination meetings called by City.

6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: (a) at the time of delivery if such communicati on is sent by personal delivery, and (b) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail.

IF TO CONSULTANT: IF TO CITY:

Kimley-Horn & Associates, Inc.
1100 W. Town & Country Rd, #700
Orange, CA 92868
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Tel: (213) 261-4039 Tel: (714) 754-5275
Attn: Darryl DePencier Attn: Brett Atencio Thomas

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Courtesy copy to:

City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Attn: Finance Dept. | Purchasing

6.5. Drug-Free Workplace Policy . Consultant shall provide a drug -free workplace by complying with all provisions set forth in City’s Council Policy 100 -5, attached hereto as Exhibit “D” and incorporated herein. Consultant’s failure to conform to the requirements set forth in Council Policy 100-5 shall constitute a material breach of this Agreement and shall be cause for immediate termination of this Agreement by City.

6.6. Attorneys’ Fees . If litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.

6.7. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties he reto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California.

6.8. Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Consultant ’s interest in this Agreement without City’s prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City ’s consent, no subletting or assignment shall r elease Consultant of Consultant’ s obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement.

6.9. Indemnification and Hold Harmless. Consultant agrees to defend, indemnify, hold free and harmless the City, its elected officials, officers, agents and employees, from and against any and all claims, actions, suits or other legal proceedings brought against the City, its elected officials, officers, agents and employees to the extent arising out of the negligent performance of the Consultant, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defens e obligation provided for hereunder shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the Consultant, its employees, and/or authorized subcontractors .

Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City’s specifications or Consultant’s Proposal, which shall be of no force and effect.

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6.10. Independent Contractor . Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent.

Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker’s compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amoun t due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this paragraph.

6.11 Conflicts with Independent Contractor. Contractor/consultant’s duties and services under this Agreement shall not include preparing or assisting the public entity with any portion of the public entity’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the public entity. The public entity entering into this Agreement shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. Contract or/consultant’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. Contractor/consultant shall cooperate with the public entity to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by contractor pursuant to this Agreement.

6.12. PERS Eligibility Indemnification . In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consul tant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled t o, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for emplo yer contribution and/or employee contributions for PERS benefits.

6.13. Cooperation. In the event any claim or action is brought against City relating to Consultant’s performance or services rendered under this Agreement, Consultant shall render 8 9
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any reasonable assistance and cooperation which City might require.

6.14. Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City. Any use of such documents for other proj ects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and e xpenses, including attorneys’ fees, arising out of or resulting from City’s use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant. Consultant shall deliver to City any findings, r eports, documents, information, data, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City.

6.15. Public Records Act Disclosure . Consultant has been advised and is aware that this Agreement and all reports, documents, information and data , including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records A ct (California Government Code s ection 7920.000 et seq.).

Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code section 7924.510, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court.

6.16. Conflict of Interest . Consultant and its officers, employees, associates and subconsultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant's services under this agreement, including, but not limited to, the Political Reform Act (Government Code s ections 81000, et seq.) and Government Code s ection 1090.

During the term of this Agreement, Consultant and its officers, employees, associates and subconsultants shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subconsultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute.

6.17. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design drawings, estimates and other Consultant pro fessional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction.

6.18. Prohibited Employment. Consultant will not employ any regular employee of City while this Agreement is in effect.
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6.19. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail . If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, this Agreement shall govern over the document referenced.

6.20. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.

6.21. Binding Effect. This Agreement binds and benefits the parties and their respective permitted successors and assigns.

6.22. No Third Party Beneficiary Rights . This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.

6.23. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.

6.24. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement and have had an adequate opportunity to review each and every provision of the Agreement and submit the same to counsel or other consultants for review and comment . In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.

6.25. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement.

6.26. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any prov ision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be de emed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.

6.27. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party , is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, 10 11
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then both parties agree to substitute such provision(s) through good faith negotiations.

6.28. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.

6.29. Corporate Authority . The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement.

[Signatures appear on following page.]
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written.

CONSULTANT

__________________________________ Date: __________________________ Signature

Darryl DePencier, AICP, GISP, RSP
Project Manager

CITY OF COSTA MESA

__________________________________ Date: __________________________ Lori Ann Farrell Harrison
City Manager

ATTEST:

__________________________________
Brenda Green
City Clerk

APPROVED AS TO FORM:

__________________________________ Date: __________________________ Kimberly Hall Barlow
City Attorney

APPROVED AS TO INSURANCE:

__________________________________ Date: __________________________ Ruth Wang
Risk Management

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APPROVED AS TO CONTENT:

__________________________________ Date: __________________________ Brett Atencio Thomas
Project Manager

DEPARTMENTAL APPROVAL:

__________________________________ Date: __________________________ Raja Sethuraman
Public Works Director

APPROVED AS TO PURCHASING:

__________________________________ Date: __________________________ Carol Molina
Finance Director

13 EXHIBIT A

REQUEST FOR PROPOSALS
14 RFP24-14.C05548

(RFP). Any City response relevant to this RFP other than through or approved by City’s Purchasing Department is unauthorized and will be considered invalid.

If clarification or interpretation of this solicitation is considered necessary by City, a written addendum shall be issued and the information will be posted on PlanetBids. Any interpretation of, or correction to, this solicitation will be made only by addendum issued by the City’s Purchasing Department. It is the responsibility of each Proposer to periodically check PlanetBids website to ensure that it has received and reviewed any and all addenda to this solicitation. The City will not be responsible for any other explanations, corrections to, or interpretations of the documents, including any oral information.

2. Schedule of Events: This Request For Proposals shall be governed by the following schedule:

Release of RFP June 18, 2024
Deadline for Written Questions July 8, 2024 at 11:00 a.m.

Responses to Questions Posted July 12, 2024
Proposals are Due July 31, 2024 at 2:00 p.m.

Interviews (if needed) Week of August 26
Approval of Contract TBD

**All dates are subject to change at the discretion of the City.

3. Proposer’s Minimum Requirements: Interested and qualified Proposers that can demonstrate their ability to successfully provide the required services outlined in Appendix A, Scope of Services, of this RFP are invited to submit a proposal, provided they meet the following requirements. All requirements must be met at the time of the proposal due date. If these requirements are not met, the proposal may not receive further consideration, as determined in the sole discretion of the City.
a) The Proposer shall have five (5) years of current experience in developing a Safe Routes to School Action Plan with at least one city of which is similar in size and complexity as that of the City of Costa Mesa. Experience must be reflective of references provided in the proposal.

b) The Contractor shall maintain a local office in Southern California with a competent representative who can be reached during normal working hours or emergencies who is authorized to make decisions on matters pertaining to this contract with the City. Office facilities that support daily operations must be within ninety (90) miles of the City.

c) All Proposers must identify the project manager, and the individual authorized to negotiate the contract on behalf of the consulting firm; and provide an organization chart showing all proposed key project team members and a staffing plan identifying responsibilities of personnel on this project and experience on other recent similar projects.

The Contractor shall have at least one key member of the proposed project team that is a licensed professional engineer (PE) and at least one key member specializing in Active Transportation.

17 RFP24-14.C05548

II. GENERAL INSTRUCTIONS AND PROVISIONS

1. Proposal Format Guidelines: Interested entities or contractors are to provide the City of Costa Mesa with a thorough Proposal using the following guidelines: Proposal should be typed and should contain no more than 30 pages in length, not including cover letter, resumes of key people, and cost proposal. Each Proposal will adhere to the following order and content of sections. Refer to Scope of Services , Appendix A of this RFP. Proposal should be straightforward, concise and provide “layman” explanations of technical terms that are used.

Emphasis should be concentrated on conforming to the RFP instructions, responding to the RFP requirements, and on providing a complete and clear description of the proposal. Proposals which appear unrealistic in terms of technical commitments, lack of technical competence or are indicative of failure to comprehend the complexity and risk of this contract may be rejected. The following Proposal sections are to be included in the Proposer’s response:
 Cover Letter: A cover letter, not to exceed two pages in length, should summarize key elements of the Proposal. An individual authorized to bind the Contractor must sign the letter. Indicate the address and telephone number of the contractor’s office located nearest to Costa Mesa, California, and the office from which the project will be managed. And include proposed working relationship among the offering agency and subcontractors, if applicable.

 Project Understanding, Approach & Methodology: Provide a brief review of the project and any suggestions you might have to expedite the project or special concerns of which the City should be advised. Provide a detailed description of the approach and methodology that will be used to fulfill each requirement listed in the Scope of Services of this RFP. The section should include:

1. Descibes familiarity of project and demonstrates understanding of work and project objectives moving forward.

2. Identifies the project’s potential issues and response to them.  Qualifications, Organization & Key Staff Experience: Describe the relative experience, specific qualifications, and technical expertise of the consultant and sub-consultants within the past eight years that are similar in size and scope to demonstrate competence to perform these services. Describe who will manage and work on this project. Identify the Project Manager who will be the key contact with the City. Provide an organization chart showing all proposed project team members (including sub-consultants) and a staffing plan identifying responsibilities of personnel on this project and experience on other recent similar projects. Information should include:

1. Relevant experience, specific qualifications, and technical expertise of the firm and sub-consultants to provide bicycle safety education services.

2. Proposes adequate and appropriate disciplines of project team.

3. Proposed team members, as demonstrated by enclosed resumes, have relevant experience for their role in the project.
18 RFP24-14.C05548

4. Overall organization of the team is relevant to City of Costa Mesa needs.

5. Team is managed by an individual with appropriate experience in similar project. This person’s time is appropriately committed to this project.

6. Team structure provides adequate capability to perform both volume and quality of needed work within project schedule milestones.

7. Proposer has a system or process for managing cost and budget.

8. At least one key member of the proposed project team to be licensed as a Professional Engineer (PE) and specializing in Active Transportation. 
Scope of Services to be Provided: Describe the work tasks you plan to carry out to accomplish this project, and how those will be accomplished. Indicate all key deliverables and products.

1. Proposed scope of services is appropriate for all phases of the work.

2. Scope address all known project needs and appears achievable in the timeframes set forth in the project schedule.

3. Deliverables are appropriate to schedule and addresses all items in the scope set forth in the above requirements.
 Experience and Record of Success on Similar Projects: Provide a listing of similar projects that your firm has completed within the last eight years.

1. Proposer has completed similar types of projects and worked consecutively through the project stages from outreach and school profile development to conceptual implementation plans.

 Cost Proposal: Provide a fee schedule/pricing information for the project as referenced in Appendix B, Fee Schedule . Proposals shall be valid for a minimum of 180 days following submission. All Proposers are required to use Appendix B, Fee Schedule.

 Financial Capacity: The City is concerned about proposers’ financial capability to perform, and therefore, may request sufficient data to allow an evaluation of firm’s financial capabilities.

 Disclosure: Please disclose any and all past or current business and personal relationships with any current Costa Mesa elected official, appointed official, City employee, or family member of any current Costa Mesa elected official, appointed official, or City employee. Any past or current business relationship may not disqualify the firm from consideration.

 Professional Services Agreement: The firm selected by the City will be required to execute a Professional Services Agreement with the City. A sample of the Agreement is enclosed as Appendix C, but may be modified to suit the specific services and needs of the City. If a Proposer has any exceptions or conditions to the Agreement, these must be 19 RFP24-14.C05548

submitted for consideration with the Proposal. Otherwise, the Proposer will be deemed to have accepted the form of Agreement.

 Checklist of Forms to Accompany Proposal: As a convenience to Proposers, following is a list of the forms, Appendix D included in this RFP, which should be included with Proposals:

1. Vendor Application Form

2. Company Profile & References

3. Ex Parte Communications Certificate

4. Disclosure of Government Positions

5. Disqualifications Questionnaire

6. Bidder/Applicant/Contractor Campaign Contribution

2. Process for Submitting Proposals:
 Content of Proposal: The Proposal must be submitted using the format as indicated in the Proposal format guidelines.

 Preparation of Proposal: Each Proposal shall be prepared simply and economically, avoiding the use of elaborate promotional material beyond those sufficient to provide a complete, accurate and reliable presentation.

 Cost for Preparing Proposal: The cost for developing the Proposal is the sole responsibility of the Proposer. All Proposals submitted become the property of the City.

 Forms to Accompany Proposal: Appendix D forms shall be attached at the end of the Proposal with the exception of the Fee Schedule which shall be submitted in a separate file.

 Number of Proposals: Submit one (1) PDF file format copy of your proposal in sufficient detail for thorough evaluation and comparative analysis.

 Submission of Proposals: Complete written Proposals must be submitted electronically in PDF file format via the planetbids.com website no later than 2:00 p.m. (P.S.T) on July 31, 2024. Proposals will not be accepted after this deadline. Proposals received after the scheduled closing time will not be accepted. It shall be the sole responsibility of the Proposer to see that the proposal is received in proper time. NO EXCEPTIONS.

 Inquiries: Questions about this RFP must be posted in the Q & A tab on Planetbids no later than June 25, 2024 at 11:00 a.m. The City reserves the right not to answer all questions.

The City reserves the right to amend or supplement this RFP prior to the Proposal due date.

All addendum(s), responses to questions received, and additional information will be posted to PlanetBids. Proposers should check this web page daily for new information.

From the date that this RFP is issued until a firm or entity is selected and the selection is announced, firms or public entities are not allowed to communicate outside the process set forth in this RFP with any City employee other than the contracting officer listed above 20 RFP24-14.C05548

regarding this RFP. The City reserves the right to reject any Proposal for violation of this provision. No questions other than posted on Planetbids will be accepted, and no response other than written will be binding upon the City.

 Conditions for Proposal Acceptance: This RFP does not commit the City to award a contract or to pay any costs incurred for any services. The City, at its sole discretion, reserves the right to accept or reject any or all Proposals received as a result of this RFP, to negotiate with any qualified source(s), or to cancel this RFP in part or in its entirety. The City may waive any irregularity in any Proposal. All Proposals will become the property of the City of Costa Mesa, USA. If any proprietary information is contained in the Proposal, it should be clearly identified.


Insurance & W-9 Requirements: Upon recommendation of contract award, Contractor will be required to submit the following documents within ten (10) days of City notification, unless otherwise specified in the solicitation:

 Insurance - City requires that licensees, lessees, and vendors have an approved Certificate of Insurance (not a declaration or policy) or proof of legal self-insurance on file with the City for the issuance of a permit or contract. Within ten (10) consecutive calendar days of award of contract, successful Bidder must furnish the City with the Certificates of Insurance proving coverage as specified in the sample contract.

 W-9 – Current signed form W-9 (Taxpayer Identification Umber & Certification) which includes Contractor’s legal business name(s).

3. Evaluation Criteria: The City’s evaluation and selection process will be conducted in accordance with Chapter V, Article 2 of the City's Municipal Code (Code). In accordance with the Code, the responsive responsible proposer shall be determined based on evaluation of qualitative factors in addition to cost. At all times during the evaluation process, the following criteria will be used. Sub-criteria are not necessarily listed in order of importance. Additional sub- criteria that logically fit within a particular evaluation criteria may also be considered even if not specified below.

1. Project Approach & Methodology ------- 20%

2. Qualifications, Organization & Key Staff Experience------- 20%

3. Scope of Services to be Provided --- 30%

4. Experience and Record of Success on Similar Projects ----20%

5. Cost Proposal ---- 10%

4. Evaluation of Proposals and Selection Process: In accordance with its Municipal Code, the City will adhere to the following procedures in evaluating Proposals. An Evaluation Committee, which may include members of the City's staff and possibly one or more outside 21 RFP24-14.C05548

experts, will screen and review all Proposals according to the weighted criteria set forth above.

While price is one basic factor for award, it is not the sole consideration.

A. Responsiveness Screening : Proposals will first be screened to ensure responsiveness to the RFP. The City may reject as non-responsive any Proposal that does not include the documents required to be submitted by this RFP. At any time during the evaluation process, the City reserves the right to request clarifications or additional information from any or all Proposers regarding their Proposals.

B. Initial Proposal Review: The Committee will initially review and score all responsive written Proposals based upon the Evaluation Criteria set forth above. The Committee may also contact Proposer's references. Proposals that receive the highest evaluation scores may be invited to the next stage of the evaluation process. The City may reject any Proposal in which a Proposer’s approach, qualifications, or price is not considered acceptable by the City. An unacceptable Proposal is one that would have to be substantially rewritten to make it acceptable. The City may conclude the evaluation process at this point and recommend award to the lowest responsible bidder. Alternatively, the City may elect to negotiate directly with one or more Proposers to obtain the best result for the City prior to making a recommendation or selection.

C. Interviews, Reference Checks, Revised Proposals, Discussions: Following the initial screening and review of Proposals, the Proposers included in this stage of the evaluation process may be invited to participate in an oral interview. Interviews, if held, are tentatively scheduled for week of August 26. This date is subject to change.

The individual(s) from Proposer's organization that will be directly responsible for carrying out the contract, if awarded, should be present at the oral interview. The oral interview may, but is not required to, use a written question/answer format for the purpose of clarifying the intent of any portions of the Proposal.

In addition to conducting an oral interview, the City may during this stage of the evaluation process also contact and evaluate the Proposer’s references, contact any Proposer to clarify any response or request revised or additional information, contact any current users of a Proposer’s services, solicit information from any available source concerning any aspect of a Proposal, and seek and review any other information deemed pertinent to the evaluation process.

Following conclusion of this stage of the evaluation process, the Committee will again rank all Proposers according to the evaluation criteria set forth above. The Committee may conclude the evaluation process at this point, and make a recommendation for award, or it may request Best and Final Offers from Proposers. The City may accept the Proposal or negotiate the terms and conditions of the agreement with the highest ranked organization. The City may recommend award without Best and Final Offers, so Proposers should include their best Proposal with their initial submission.

Recommendation for award is contingent upon the successful negotiation of final contract terms. Negotiations shall be confidential and not subject to disclosure to competing Proposers unless an agreement is reached. If contract negotiations cannot be concluded successfully within a time period determined by the City, the City may 22 RFP24-14.C05548

terminate negotiations and commence negotiations with the next highest scoring Proposer or withdraw the RFP.

5. Protests: Failure to comply with the rules set forth herein may result in rejection of the protest.

Protests based upon restrictive specifications or alleged improprieties in the Proposal procedure, which are apparent or reasonably should have been discovered prior to receipt of Proposals shall be filed in writing with the City’s Purchasing Department at least 10 calendar days prior to the deadline for receipt of Proposals. The protest must clearly specify in writing the grounds and evidence on which the protest is based.

Protests based upon alleged improprieties that are not apparent or that could not reasonably have been discovered prior to submission date of the Proposals, such as disputes over the staff recommendation for contract award, shall be submitted in writing to the City’s Purchasing Department, within 48 hours from receipt of the notice from the City advising of City’s recommendation for award of contract. The protest must clearly specify in writing the grounds and evidence on which the protest is based. The City’s Purchasing Department will respond to the protest in writing at least 3 days prior to the meeting at which City’s recommendation to the City Council will be considered. Should Proposer decide to appeal the response of the City’s Purchasing Department, and pursue its protest at the Council meeting, it will notify the City’s Purchasing Department of its intention at least 2 days prior to the scheduled meeting.

A. Procedure – All protests shall be typed under the protester’s letterhead and submitted in accordance with the provisions stated herein. All protests shall include at a minimum the following information:
• The name, address and telephone number of the protester; • The signature of the protester or the protester’s representative; • The solicitation or contract number;
• A detailed statement of the legal and/or factual grounds for the protest; and • The form of relief requested.

6. Accuracy of Proposals: Proposers shall take all responsibility for any errors or omissions in their Proposals. Any discrepancies in numbers or calculations shall be interpreted to reflect the cost to the City.

If prior to contract award, a Proposer discovers a mistake in their Proposal which renders the Proposal unwilling to perform under any resulting contract, the Proposer must immediately notify the facilitator and request to withdraw the Proposal. It shall be solely within the City's discretion as to whether withdrawal will be permitted. If the solicitation contemplated evaluation and award of "all or none" of the items, then any withdrawal must be for the entire Proposal. If the solicitation provided for evaluation and award on a line item or combination of items basis, the City may consider permitting withdrawal of specific line item(s) or combination of items.

7. Responsibility of Proposers: The City shall not be liable for any expenses incurred by potential Contractors in the preparation or submission of their Proposals. Pre-contractual expenses are not to be included in the Contractor’s Pricing Sheet. Pre-contractual expenses are defined as, including but not limited to, expenses incurred by Proposer in:

 Preparing Proposal in response to this RFP;
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 Submitting that Proposal to the City;
 Negotiating with the City any matter related to the Proposal; and,  Any other expenses incurred by the Proposer prior to the date of the award and execution, if any, of the contract.

8. Confidentiality: The California Public Records Act (Cal. Govt. Code Sections 6250 et seq.) mandates public access to government records. Therefore, unless information is exempt from disclosure by law, the content of any request for explanation, exception, or substitution, response to this RFP, protest, or any other written communication between the City and Proposer, shall be available to the public. The City intends to release all public portions of the Proposals following the evaluation process at such time as a recommendation is made to the City Council.

If Proposer believes any communication contains trade secrets or other proprietary information that the Proposer believes would cause substantial injury to the Proposer’s competitive position if disclosed, the Proposer shall request that the City withhold from disclosure the proprietary information by marking each page containing such proprietary information as confidential.

Proposer may not designate its entire Proposal as confidential nor designate its Price Proposal as confidential.

Submission of a Proposal shall indicate that, if Proposer requests that the City withhold from disclosure information identified as confidential, and the City complies with the Proposer’s request, Proposer shall assume all responsibility for any challenges resulting from the non- disclosure, indemnify and hold harmless the City from and against all damages (including but not limited to attorney’s fees and costs that may be awarded to the party requesting the Proposer information), and pay any and all costs and expenses related to the withholding of Proposer information. Proposer shall not make a claim, sue, or maintain any legal action against the City or its directors, officers, employees, or agents concerning the disclosure, or withholding from disclosure, of any Proposer information. If Proposer does not request that the City withhold from disclosure information identified as confidential, the City shall have no obligation to withhold the information from disclosure and may release the information sought without any liability to the City.

9. Ex Parte Communications: Proposers and Proposers’ representatives should not communicate with the City Council members about this RFP. In addition, Proposers and Proposers’ representatives should not communicate outside the procedures set forth in this RFP with an officer, employee or agent of the City, including any member of the evaluation panel, with the exception of the RFP Facilitator, regarding this RFP until after Contract Award.

Proposers and their representatives are not prohibited, however, from making oral statements or presentations in public to one or more representatives of the City during a public meeting.

A "Proposer" or "Proposer's representative" includes all of the Proposer's employees, officers, directors, consultants and agents, any subcontractors or suppliers listed in the Proposer's Proposal, and any individual or entity who has been requested by the Proposer to contact the City on the Proposer's behalf. Proposers shall include the Ex Parte Communications Form, Appendix D with their Proposals certifying that they have not had or directed prohibited communications as described in this section.

10. Conflict of Interest: The Proposer warrants and represents that it presently has no interest and agrees that it will not acquire any interest which would present a conflict of interest under California Government Code Sections 1090 et seq., or Sections 87100 et seq., during the 24 RFP24-14.C05548

performance of services under any Agreement awarded. The Proposer further covenants that it will not knowingly employ any person having such an interest in the performance of any Agreement awarded. Violation of this provision may result in any Agreement awarded being deemed void and unenforceable.

11. Disclosure of Governmental Position : In order to analyze possible conflicts that might prevent a Proposer from acting on behalf of the City, the City requires that all Proposers disclose in their Proposals any positions that they hold as directors, officers, or employees of any governmental entity. Additional disclosure may be required prior to contract award or during the term of the contract. Each Proposer shall disclose whether any owner or employee of the firm currently hold positions as elected or appointed officials, directors, officers, or employees of a governmental entity or held such positions in the past twelve months using the attached Disclosure of Government Positions Form, Appendix D.

12. Conditions to Agreement: The selected Proposer will execute a Professional Service Agreement for Services with the City describing the Scope of Services to be performed, the schedule for completion of the services, compensation, and other pertinent provisions. The contract shall follow the sample form of Agreement provided as Appendix C to this RFP, which may be modified by the City.

All Proposers are directed to particularly review the indemnification and insurance requirements set forth in the sample Agreement. The terms of the agreement, including insurance requirements have been mandated by the City and can be modified only if extraordinary circumstances exist.

Submittal of a Proposal shall be deemed acceptance of all the terms set forth in this RFP and the sample agreement for services unless the Proposer includes with its Proposal, in writing, any conditions or exceptions requested by the Proposer to the proposed Agreement.

13. Disqualification Questionnaire: Proposers shall complete and submit, under penalty of perjury, a standard form of questionnaire inquiring whether a Proposer, any officer of a proposer, or any employee of a Proposer who has a proprietary interest in the Proposer, has ever been disqualified, removed, or otherwise prevented from proposing on, or completing a federal, state, or local government project because of a violation of law or safety regulation and if so, to explain the circumstances. A Proposal may be rejected on the basis of a Proposer, any officer or employee of such Proposer, having been disqualified, removed, or otherwise prevented from proposing on, or completing a federal, state, or local project because of a violation of law or a safety regulation, Appendix D.

14. Standard Terms and Conditions: The City reserves the right to amend or supplement this RFP prior to the Proposal due date. All addendum(s) and additional information will be posted to Planetbids. Proposers should check this web page daily for new information 25 RFP24-14.C05548

APPENDIX A

SCOPE OF SERVICES

Introduction:

The Public Works Department of the City of Costa Mesa (City) is requesting proposals to develop a Safe Routes to School Action Plan for 19 schools within the City of Costa Mesa. The plan will provide clear implementable recommendations to create safer, more comfortable walking and bicycling options for Costa Mesa school children, their families, and residents. Through authentic, equitable, and robust stakeholder engagement, the SRTS Action Plan will identify safety, infrastructure, and programmatic barriers to walking and bicycling to, from, and around each of the City’s 19 Newport Mesa Unified School District campuses and include 30% conceptual plans for active transportation improvements in the vicinity of each school campus.

The scope of services consists of the four following tasks:
 Task 1: Project Management.
 Task 2: Existing Conditions and Safety Assessment Analysis.  Task 3: Community Stakeholder Engagement.
 Task 4: Compilation of Final Action Plan Document.

Background:

Increasingly over the last several years the City of Costa Mesa has taken a proactive approach to promote bicycling and walking throughout the City by constructing several high-quality bicycle and pedestrian facilities at numerous locations in the community. In addition, the City has implemented an Active Transportation Plan (2018), Local Road Safety Plan (2022), and Pedestrian Master Plan (2022 Draft). This sustained and thoughtful work has resulted in significant gains in opportunities for users of all ages and abilities to access their destination by bicycle, walking, and other means of non-automobile transportation. Subsequently, these policy and investment initiatives have prompted a sustained increase in bicycling and walking within the community including among the many school-aged children accessing the 19 public elementary, middle, and high school campuses located throughout the community. The proliferation of e-bicycle technology and ease of ownership has further increased bicycle use throughout the community, particularly among school-aged residents. A map of the city boundaries, bikeways, and schools is provided as Exhibit 1.

As bicycling and walking increasingly becomes a key mode of transportation and recreation for much of the City’s residents and visitors, safe bicycling and walking infrastructure is essential for bicyclists and pedestrians safety around school campuses. Specifically, development of high- quality low-stress bicycle and pedestrian infrastructure in the vicinity of and on routes to school campuses will continue encouragement of non-automobile mode share to, from, and around the City’s schools.

The Safe Routes to School Action Plan will analyze and asses existing infrastructure around 19 school campuses and provide a clear roadmap of implementable projects to increase the safety and comfort of all roadway users around each school campus with a focus on non-automobile modes. Thorough and sustained community input and participation will be a key component of plan development throughout the process.
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Description of Work:

The project scope of services is intended to develop a comprehensive Safe Routes to School Action plan and will include project management; assessment of existing conditions; stakeholder engagement including the development and execution of a web-based tool and safety workshop(s); and production of a final Safe Routes to School Action Plan that contains individual school profiles and 30% conceptual design plans for projects to increase safety around each of the City’s 19 public school campuses. The separate tasks outlined below shall be coordinated to effectively develop interrelated profiles of each campus and the final product should be reflective of robust community input. The 19 Newport Mesa Unified School District campuses to be included in the plan are as follows:

1. Adams Elementary School

2. California Elementary School

3. College Park Elementary School

4. Kaiser Elementary School

5. Killybrooke Elementary School

6. Paularino Elementary School

7. Pomona Elementary School

8. Rea Elementary School

9. Sonora Elementary School

10. Victoria Elementary School

11. Whittier Elementary School

12. Wilson Elementary School

13. Woodland Elementary School

14. Davis Magnet School

15. TeWinkle Middle School

16. Back Bay High School

17. Costa Mesa Middle/High School (combined campus)

18. Early College High School

19. Estancia High School
The consultant shall have total responsibility for the accuracy and completeness of all work and services. The following description of work defines the general project requirements. Associated tasks and provisions necessary for a complete project, but not specifically defined herein are requested to be addressed in the proposal and undertaken within the proposed “Not to Exceed” contract fee.

At a minimum the Consultant’s scope of work should include, but should not be limited to, the following activities:

Task 1 – Project Management

Following contract award the consultant team shall attend a project kick-off meeting with key City staff to initiate the project, review the project scope of work, plan goals, review project schedule and key milestones, and develop a list of documents/data needed to assist in the successful completion of the project.

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Project development and implementation meetings shall be held once a month. The consultant will be responsible for preparing meeting agendas, minutes, and presentation materials. A Critical Path Method (CPM) network, based on activities to support all project milestones and subtasks shall be prepared. The information will be in the form of a bar chart and show a deliverables schedule and other relevant data needed for the control of work, for City review of the work status and accomplishments occurring each month. Monthly updates shall be furnished to the City Project Manager.

Task 2 – Existing Conditions and Safety Assessment Analysis

Task 2.1 Existing Conditions and Planning Context
The consultant team will conduct a literature review of existing plans, policies, programs, and data. Existing plans will likely include, but not be limited to: the City’s Mobility Element of the General Plan, Active Transportation Plan, Pedestrian Master Plan, and Local Road Safety Plan.

The team will conduct walk audits and review school data for each campus individually including but not limited to:
 Attendance boundaries and demographics
 Any student travel survey data previously collected
 Existing bicycle facilities and parking availability
 Existing pedestrian facilities
Task 2.2 Safety Assessment
The Consultant will conduct a collision analysis using the most recent SWITRS data available and data provided by the Costa Mesa Police Department for each campus within a specified radius. Using the collision data and data collected in Task 2.1 the consultant will identify collision hot spots, challenges, needs, and infrastructure gaps in the vicinity of each campus and on the primary routes used to access the campuses.

Task 2.3 Tool Kit
Based on the Literature Review and City and community input gathered in Task 3 below, the consultant team will develop a preliminary menu of best practices for safety and accessibility, using the six “e’s” - engineering, evaluation, equity, education, encouragement, and enforcement strategies. The Consultant team will compile the best practices in to a tool kit for consideration and refinement during the life of the project. This tool kit will be used in the development of the final plan to prepare a prioritization framework which will use City policies, state and national engineering standards and community values as primary inputs to provide a prioritized project list for implementation that will include 30% plans for specific projects adjacent to each campus (further outlined in Task 4.1).

Task 3 – Community Stakeholder Engagement

Task 3.1 Stakeholder Engagement
Along with City staff the consultant team will meet with stakeholders from the Newport Mesa Unified School District generally and at campuses specifically including district and school administrators and teachers. The team will review project goals and gather information from school staff about constraints and opportunities at each campus. Similarly, the consultant team will meet with the City Council-appointed Active Transportation Committee to review best practices and existing conditions at each campus.

28 RFP24-14.C05548

Task 3.2 Public Coordination Survey and Map
Upon completion of initial data collection and stakeholder engagement, the consultant team will prepare a webtool with a foundational citywide context map that will be used for community engagement generally and at each campus specifically. The map will show issues and constraints in an easy to understand format for a non-technical audience. This issues and constraints map and analysis will be a “working document” that will be finalized when all stakeholders have provided input. The elements of the map and webtool should be generic and easily interchangeable between transportation mode and school. The webtool and associated map will be available in Spanish and English and be easily distributed via a link. The webtool will allow for the City and consultant team to easily collect, review, and analyze input from the public regarding safe routes to school in the City generally and adjacent to specific campuses.

Task 3.3 Community Engagement
The consultant team will develop a community engagement strategy that includes but is not limited or exclusive to in-person or on-line public workshops, walking tours, at least one demonstration project, at least one safety workshop, and wide distribution of the webtool and map developed in Task 3.2. Every effort should be taken to maximize participation in the public engagement process with a strong focus on gathering input from priority equity communities.

Materials and graphics for community engagement events should be contemporary and designed to be easily accessible to English and Spanish speakers.

Task 4 – Compilation of Final Action Plan Document

Task 4.1 School Profiles
Using the data collected in Tasks 2.1 and 2.2 as well as input gathered throughout Task 3 the consultant team will develop a unique profile of each of the 19 Newport Mesa Unified School District campuses located in the City. Additional information provided in the profiles should include photos, narrative, and charts and graphs detailing demographics, opportunities and constraints, and any other compelling and pertinent information about each school campus.

Task 4.2 Improvement Plans

Based on all of the data collected and utilizing the tool kit developed in Task 2.3, the consultant team shall develop a prioritized list of programs and infrastructure project recommendations for implementation around each campus and on the public right-of-way that is used to access each campus. The infrastructure project recommendations shall be provided to the City in a detailed 30% design plan set format on standard City template.

Task 4.2 Final Document
The consultant shall compile all of the information gathered throughout the project tasks into a final document. The final document should be separated into chapters that provide context and information on the development of the document. The chapters should provide high level detail on existing conditions and planning context for the City generally, safety analysis, the best practices and tool kit, community engagement, and the individual school campus profiles created in Task 4.1. The final plan document should be provided to the City in a digital format and will be the sole property of the City for future distribution and use.

Quality Assurance/Quality Control:

29 RFP24-14.C05548

Quality Control shall be consistently and thoroughly applied throughout the development of the Safe Routes to School Action Plan. Assigned QA/QC staff shall be technically well qualified to conduct the appropriate level of oversight, and demonstrate a concerted and sustained commitment to provide a high quality product. Concise written records shall be maintained by the Consultant on all activities. Firms considering proposal submittals are requested to have an in- house technical level of expertise to professionally address all aspects of the project.

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EXHIBIT 1

PROJECT VICINITY MAP

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APPENDIX B

FEE SCHEDULE [This schedule is for Bike Education]

The professional services contract will not be awarded based upon competitive bidding. The fee schedule should show number of hours per key staff, the hourly cost of personnel per task under each phase, expenses, and other fees, with a total not-to exceed amount for the project.

The consultant’s cost proposal for the prime and subcontractors should contain a breakdown of all cost components including number of labor hours per key team member per task, labor rates, and other direct costs and fees.

It is requested that the fee, including all meetings, reproduction, materials, mailings, and associated project expenses, be itemized under the following phases:

 Task 1 – Project Management
 Task 2 – Existing Conditions and Safety Assessment Analysis  Task 3 – Community Stakeholder Engagement
 Task 4 – Compilation of Final Action Plan Document

Total Not-To-Exceed Cost $________

NOTE: This Capital Improvement Project was approved in the City’s Adopted Operating & Capital Improvement Budget for Fiscal Year 2022-2023.
(https://www.costamesaca.gov/home/showpublisheddocument/52096/638035040093470000).

NOTE: All originals of plans, field notes, data and calculations, correspondence, reports, electronic files, etc., will be turned over to the City upon completion of each project phase. Ten percent (10%) of the total contract fee will be withheld until all project documents are submitted in acceptable form to the City.

SCHEDULE: The City anticipates a schedule of 365 calendar days to complete the scope of work for the project.

32 EXHIBIT B

CONSULTANT’S PROPOSAL

43 RFP24-14.C05548

VENDOR APPLICATION FORM
FOR
RFP No. 24-14 FOR DEVELOPMENT OF SAFE ROUTES TO SCHOOL ACTION PLAN TYPE OF APPLICANT:  NEW  CURRENT VENDOR
Legal Contractual Name of Corporation: ______________________________________ Contact Person for Agreement: _____________________________________________ Title: ______________________________ E-Mail Address: ______________________ Business Telephone: _________________________ Business Fax: ________________ Corporate Mailing Address: ________________________________________________ City, State and Zip Code: __________________________________________________ Contact Person for Proposals: ______________________________________________ Title: ______________________________ E-Mail Address: ______________________ Business Telephone: _________________________ Business Fax: ________________ Is your business: (check one)
 NON PROFIT CORPORATION  FOR PROFIT CORPORATION
Is your business:
(check one)
 CORPORATION  LIMITED LIABILITY PARTNERSHIP
 INDIVIDUAL  SOLE PROPRIETORSHIP
 PARTNERSHIP  UNINCORPORATED ASSOCIATION
Kimley-Horn and Associates, Inc.

Senior Vice President
[email protected]
1100 W. Town and Country Rd, Ste. 700
Orange, CA 92868
Darryl dePencier, AICP, GISP, RSP2B
[email protected]
213.261.4039
N/A
N/A
714.939.1030
Associate
Jean B. Fares, TE
88 RFP24-14.C05548.Addendum 1
1 ADDENDUM NO. 1

REQUEST FOR PROPSAL
FOR

DEVELOPMENT OF SAFE ROUTES TO SCHOOL ACTION PLAN
RFP NO. 24-14

Public Works

CITY OF COSTA MESA

Addendum Released on June 26, 2024
The referenced document has been modified as per the attached Addendum No. 1

Please sign this Addendum where designated and return the executed copy with submission of your proposal. This addendum is hereby made part of the referenced RFP.

97 2
 Delete Inquiries Date: June 25, 2024 @ 11:00 am. (pg.6 of 36)  Replace Inquiries Date: July 8, 2024 @ 11:00 am. (pg. 6 of 36)  Clarification Disregard reference to “including e-bike safety and training on bicycle safety, riding, and maintenance.” (pg. 2 of 36) All other provisions of the request for proposal shall remain in their entirety.

Vendors hereby acknowledge receipt and understanding of the above Addendum.

Complete and submit this Addendum with your proposal.
____________________________ ____________________________ Signature Date Company Name

____________________________ ____________________________ Typed Name and Title Address
____________________________
City State Zip
Jean B. Fares, TE,
Senior Vice President
June 26, 2024
Kimley-Horn and Associates, Inc.
1100 W. Town and Country Rd.,
Ste. 700
Orange
CA
92868
98 EXHIBIT C

FEE SCHEDULE

100
196.54% Overhead% Name
Darryl
dePencier
Sowmya
Chandrasekhar
Jean
Fares
195.57% Overhead% w/o FCCM Category/Title Project
Manager
QA/QC
Manager
Principal-in-
Charge
10% Fee% Direct Rate $76.54 $83.28 $125.64 $104.37 $89.26 $72.73 $59.28 $48.78 $42.30 Billing Rate $249.59 $271.57 $409.71 $340.35 $291.07 $237.17 $193.31 $159.07 $137.94 Task 1 62 18.5 14 13 13 13 133.5 $ 37,526.59 $ 190.00 $ 9,529.78 $ 3,892.18 $ 1,955.00 $ 2,710.40 $ 55,803.95

1.1 38 9.5 9.5 6 6 6 75 $ 21,168.33 $ 190.00 $ - $ - $ - $ 2,710.40 $ 24,068.73

1.2 6 3 1.5 3 3 3 19.5 $ 5,532.63 $ 1,382.62 $ 676.90 $ 340.00 $ - $ 7,932.15

1.3 18 63444 39 $ 10,825.64 $ 8,147.16 $ 3,215.28 $ 1,615.00 $ - $ 23,803.07 Task 2 28.5 57 28.5 57 38 85.5 66.5 361 $ 75,930.99 $ 380.00 $ 19,123.46 $ 29,872.37 $ - $ 4,065.60 $ 129,372.42

2.1 9.5 19 9.5 19 38 38 133 $ 24,743.41 $ 380.00 $ 4,302.52 $ 29,872.37 $ - $ 1,355.20 $ 60,653.50

2.2 9.5 19 9.5 19 19 19 95 $ 21,965.81 $ 13,268.64 $ - $ - $ 1,355.20 $ 36,589.65

2.3 9.5 19 19 28.5 28.5 28.5 133 $ 29,221.76 $ 1,552.30 $ - $ - $ 1,355.20 $ 32,129.26 Task 3 66.5 66.5 4.5 19 95 38 190 190 57 726.5 $ 154,447.30 $ 4,050.00 $ 37,369.98 $ - $ - $ 6,776.00 $ 202,643.28

3.1 19 19 4.5 38 57 57 194.5 $ 42,892.39 $ 250.00 $ 3,349.18 $ - $ - $ 2,710.40 $ 49,201.97

3.2 28.5 19 9.5 19 19 76 76 247 $ 52,324.20 $ - $ - $ - $ 1,355.20 $ 53,679.40

3.3 19 28.5 9.5 38 19 57 57 57 285 $ 59,230.71 $ 3,800.00 $ 34,020.80 $ - $ - $ 2,710.40 $ 99,761.91 Task 4 17.5 31 4 42.5 23.5 33 104.5 104.5 218.5 579 $ 110,520.58 $ 1,900.00 $ 9,234.04 $ - $ 32,300.00 $ - $ 153,954.62

4.1 4 9.5 9.5 28.5 28.5 28.5 108.5 $ 19,805.55 $ - $ - $ 12,920.00 $ - $ 32,725.55

4.2 4 9.5 38 19 19 76 76 152 393.5 $ 74,295.82 $ 4,931.52 $ - $ - $ - $ 79,227.34

4.3 9.5 12 4 4.5 4.5 4.5 38 77 $ 16,419.21 $ 1,900.00 $ 4,302.52 $ - $ 19,380.00 $ - $ 42,001.73 174.5 173 22.5 103 131.5 141 332.5 380 342 1,800
$43,554.27 $46,982.23 $9,218.44 $35,055.79 $38,276.25 $33,441.02 $64,275.68 $60,446.64 $47,175.15 $ 378,425.46 $ 6,520.00 $ 75,257.26 $ 33,764.55 $ 34,255.00 $ 13,552.00 $ 541,774.26 $ 378,425.46 $ 6,520.00 $ 75,257.26 $ 33,764.55 $ 34,255.00 $ 13,552.00 $ 541,774.26

TOTAL HOURS
Subtotal Labor:

Improvement Plans
Final Document
Community Engagement
Compilation of Final Action Plan
Document
School Profiles
Project Management
Project Management
Kick-Off Meeting
PM Activities (12 months)
Existing Conditions and Safety
Assessment Analysis
Existing Conditions and Planning Context
Safety Assessment
Tool Kit
Community Stakeholder Engagement
Stakeholder Engagement
Public Coordination Survey and Map
Project
SupportProfessional II Professional I AnalystSr.

Professional II
Sr.

Professional I
TOTAL COST:

CITY OF COSTA MESA
Development of Safe Routes to School Action Plan
Total
Project
Cost
Rock Miller
Total Cost
Redman
Total Cost
GTS
Total Cost
DKS
Total Cost
Kimley-Horn
Other Direct
Costs
Kimley-Horn
Total Cost
Kimley-Horn
Total Hours
Kimley-Horn and Associates, Inc. Subconsultants
101
Name
Crystal
Chavez
Brian
Chandler
Josh
Pilachowski
183.13% Overhead % Category/Title PM/Engineer PIC/SME Sr. Engineer 10% Fee% Direct Rate $48.08 $98.57 $75.32 $56.82 $41.98 $34.66 Billing Rate $149.74 $306.99 $234.58 $176.96 $130.74 $107.95 Task 1 18 10 2 12 42 $ 7,529.78 $ 2,000.00 $ 9,529.78

1.1 $ - $ -

1.2 2 2 2 6 $ 1,382.62 $ 1,382.62

1.3 PM Activities (12 months) 16 8 12 36 $ 6,147.16 $ 2,000.00 $ 8,147.16 Task 2 16 14 32 16 16 94 $ 19,123.46 $ - $ 19,123.46

2.1 8 4 8 20 $ 4,302.52 $ 4,302.52

2.2 8 8 20 16 16 68 $ 13,268.64 $ 13,268.64

2.3 2 4 6 $ 1,552.30 $ 1,552.30
Task 3 82 2 4 70 70 228 $ 35,369.98 $ 2,000.00 $ 37,369.98

3.1 12 2 4 18 $ 3,349.18 $ 3,349.18

3.2 $ - $ -

3.3 70 70 70 210 $ 32,020.80 $ 2,000.00 $ 34,020.80 Task 4 12 12 16 40 $ 9,234.04 $ - $ 9,234.04

4.1 $ - $ -

4.2 4 8 8 20 $ 4,931.52 $ 4,931.52

4.3 8 4 8 20 $ 4,302.52 $ 4,302.52
128 38 54 86 86 12 404
$19,166.72 $11,665.62 $12,667.32 $15,218.56 $11,243.64 $1,295.40 $ 71,257.26 $ 4,000.00 $ 75,257.26 $ 71,257.26 $ 4,000.00 $ 75,257.26 TOTAL COST:

Subtotal Labor:

TOTAL HOURS
Public Coordination Survey and Map
Community Engagement (4 in-person events + other su
Compilation of Final Action Plan Document
School Profiles
Improvement Plans
Final Document
Stakeholder Engagement
Kickoff Meeting
Existing Conditions and Safety Assessment
Existing Conditions and Planning Context
Safety Assessment
Tool Kit
Community Stakeholder Engagement
Project Management

CITY OF COSTA MESA
Development of Safe Routes to School Action Plan
DKS
Mid-level
Engineer
Jr-level
Engineer
Admin
Support
Total
Hours
Total
Costs
Other
Direct
Costs
Total
Project
Costs
Project Management
102
Name
Rawad
Hani
Ariel
Godwin
Cassandra
Garcia April Kraweic Ryan
Meller
Sabrina
Mamo
220.00% Overhead % Category/Title Principal PM Engineer II Engineer I Planner I Engineer III 10% Fee% Direct Rate $96.15 $50.48 $44.23 $33.66 $33.66 $52.88 Billing Rate $338.45 $177.69 $155.69 $118.48 $118.48 $186.14 Task 1 11.5 11.5 $ 3,892.18 $ 3,892.18

1.1 $ - $ -

1.2 2 2 $ 676.90 $ 676.90

1.3 9.5 9.5 $ 3,215.28 $ 3,215.28
Task 2 19 38 57 57 38 209 $ 29,872.37 $ 29,872.37

2.1 19 38 57 57 38 209 $ 29,872.37 $ 29,872.37

2.2 $ - $ -

2.3 $ - $ -
Task 3 $ - $ -
Task 4 $ - $ -

11.5 19 38 57 57 38 220.5
$3,892.18 $3,376.11 $5,916.22 $6,753.36 $6,753.36 $7,073.32 $ 33,764.55 $ 33,764.55 $ 33,764.55 $ 33,764.55

CITY OF COSTA MESA
Development of Safe Routes to School Action Plan
GTS
Total
Hours
Total
Costs
Total
Project
Costs
Project Management
Project Management
Kick-Off Meeting
PM Activities (12 months)
Existing Conditions and Safety Assessment
Existing Conditions and Planning Context
Safety Assessment
Tool Kit
Community Stakeholder Engagement
Compilation of Final Action Plan Document
TOTAL COST:

TOTAL HOURS
Subtotal Labor:
103