RFP No. 24-7
18 SECTION 4 – SCOPE OF WORK
This project will provide an in-depth analysis of the City of Montebello’s bus shelters and evaluate overall structural needs to provide services to the various customers that MBL serves. The project will act as a guide to improve bus shelters and also facilitate a future construction RFP which will follow the guidelines the Consultant provides in their final report.
PURPOSE
The purpose of this solicitation is to assist the Transportation Department in implementing the Montebello Bus Lines Bus Stop Improvement Project. The project will include an assessment of current conditions, estimates for conditions improvements, and a future construction RFP development phase.
OBJECTIVES
To solicit bids for a comprehensive Bus Stop Improvement Project survey that will result in a initial construction RFP based on the recommendations of this survey.
General Deliverables
1. Bus stop Inventory and Assessment Report.
2. Cost Assessments outlined in Tasks.
3. Timeline or schedule to complete each Task.
WORK PLAN
Task 1: Bus Shelter Inventory
The consultant will inventory approximately 900 bus stops. Consultant will provide data points based on the bullet points listed below:
- Review the Comprehensive Operations Analysis (COA) Final Report from April 2022 to determine current MBL lines and possible future changes.
- Perform on-site field analysis and take digital photos of each bus stop to determine the condition of the site.
- Inventory existing conditions to determine accessibility in accordance with applicable federal, state, and local laws.
- Inventory existing amenities including shelters, benches, trash receptacles, near-side and far-side locations, and any other recommend improvements or additions to existing amenities that are standard practice.
- Describe any potential risk and liabilities under federal, state, and local accessibility law (ADA). - Provide Geographic Information System (GIS) mapping of each stop location. o Provide access to ESRI ArcGIS Account.
- Make recommendations to improve accessibility as needed. - Create numbering plan for the creation of stop identification numbers.
RFP No. 24-7
19 Deliverables:
- Provide overall report of bus stops with a conditions and inventory assessment. - Provide a breakdown of stops with stop descriptions including GIS location mapping, street names, bus route numbers, etc.
- Provide list of ADA compliant, ADA non-compliant, and accessibility recommendations.
Task 2: Design Recommendations.
The consultant will compile and submit design improvement recommendations for bus stops that will standardize all bus stops.
- Accessibility – pedestrian flow, cyclist flow, and driver flow - New Logo Integration – provide bus blade logo design similar to the new bus graphics rebrand. - Visibility – minimize blind spots that could impact pedestrians, cyclists, or other drivers. - Location improvement– provide design plans to allow for ADA compliance if needed and more pedestrian and cyclist waiting areas for customers. Plans would incorporate all elements of the bus stop such as: bus pad, curb and gutter, intersection, zoning area, size, traffic flow, and sidewalk space.
- Pick-up and Drop-off location adjustments if needed.
- Traffic flow improvements around bus stop locations.
- Traffic volume studies.
- Traffic control device identification (traffic lights, signs, etc.) - Pedestrian volume and usage study for passenger and non-passengers. - Cyclist volume and usage study for passenger and non-passengers. - Survey surrounding features to determine the best amenities to install. Including buildings, businesses, crosswalks, driveways, intersections, streets, and freeways. - Review lighting of the area both natural and streetlight. - Alternative design options for locations as needed.
- Determine sidewalk repair needs if applicable.
- Conduct a site conditions assessment.
- Determine ADA construction needs if applicable.
- Provide standardized design recommendations for shelters, benches, stop, etc.
Deliverables
- Provide a comprehensive overview of standard designs for the region.
RFP No. 24-7
20 - Provide analysis of recommendations to meet regional standards. - Provide Design recommendations considering each element listed above and costs associated with possible improvements.
Task 3: Amenity Recommendations.
The consultant will provide amenity recommendations based on the survey from Task 1 and the design recommendations from Task 2 for each bus stop site. Amenities may include but are not limited to:
- Digital signage.
- Bus shelter solar lights.
- Bus stops sign solar lights.
- ADA compliance.
- Site improvements that may include shelters, benches, trash receptacles, beacon lights etc. - Bus pad installations.
- Provide cost estimates for improvements.
- Provide standardized recommendations for shelters, benches, stop, etc. - A Title VI analysis demonstrating the methodology used for the equitable distribution of amenities must be completed as a part of the amenity recommendation.
Deliverables
- Provide a comprehensive overview of amenities for the region. - Provide analysis of recommendations to meet regional standards. - Provide amenity recommendations considering each element listed above and costs associated with possible improvements.
Task 4: Bus Stop Assessment for Bus Stop Improvement Project.
The consultant will assess bus stops within the City’s jurisdiction. There are approximately 200 bus stops within the City of Montebello. This task will be a more in-depth assessment and design needs of bus stops within the city limits.
- Prepare a checklist of design factors for each bus stop including alternative design options and any potential risk or liabilities under federal, state, or local accessibility law (ADA). - Make recommendations for accessibility improvements if any. - Make general improvement recommendations that increase circulation and improve overall design with elements from Task 2 and Task 3.
- Provide city jurisdiction cost estimates and outside city jurisdiction cost estimates for recommended improvements.
RFP No. 24-7
21 Deliverables
- Provide an estimate of removal costs.
- Provide a comprehensive overview of improvements with cost estimates needed for each bus stop within the city’s jurisdiction (ADA, repair needs, etc.). - Provide a comprehensive overview of improvements with cost estimates needed for each bus stop outside of the city’s jurisdiction (ADA, repair needs, etc.). - Provide line-by-line cost estimates for bus stop location improvements. - Provide a general plan of implementation for the RFP process.
Task 5: Plan and Design of Development Phase/RFP Creation:
The consultant will combine all elements in the previous tasks to produce an RFP for the Development Phase of the project.
- Coordinate elements of recommendations with key MBL staff to confirm design and goals of the project.
- Consultant will provide selected bus stops within the City’s jurisdiction that must be upgraded with new installations to meet ADA standards. New installations may include street furniture, digital signage, or other amenity upgrade recommendations. - Consultant will provide evaluation assistance to choose recommended designs. - Prepare project design/construction schedule.
- Provide utility planning and coordinate with utility providers. - Provide cost estimates for each project element.
Deliverables
- Provide fully articulated construction RFP which includes all deliverables from previous tasks and MBL staff recommendations.
- Provide cost estimates for future consultation needs based on the three requested cost estimates in Task 4.
- Provide estimated project schedule for construction.
RFP No. 24-7
22 SECTION 5 – FORM OF CONTRACT (SAMPLE)
PROFESSIONAL SERVICES AGREEMENT FOR
BUS STOP IMPROVEMENT PROJECT (BSIP) CONSULTING SERVICES
THIS AGREEMENT (“Agreement”) is made and entered into on …………………….., 2023, by the CITY OF MONTEBELLO, a municipal corporation (hereinafter referred to as “CITY”) and …………………………….. (Hereinafter referred to as “CONSULTANT”). CITY and CONSULTANT are sometimes referred to h erein individual as a “Party,” and jointly as the “Parties.”
RECITALS
WHEREAS, CITY desires to retain a qualified professional consultant to assist CITY in providing an in-dept Bus Stop Improvement Project (BSIP) Consulting Services to improve the agency’s transit system.; and
WHEREAS, CONSULTANT represents the degree of specialized expertise contemplated within California Government Code, Section 37103, and is qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees; and
WHEREAS, 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; and
WHEREAS, CONSULTANT responded to CITY’s Request for Proposals dated October 26, 2023 (RFP No. [24-7]), as such is set forth fully in Exhibit “A” hereto and incorporated fully herein by this reference (hereinafter “Consultant Proposal”).
NOW THEREFORE, in consideration of performance by the Parties of the covenants and conditions herein contained, the Parties hereto agree as follows:
SECTION 1. INCORPORATION OF RECITALS AND OTHER CONTRACT DOCUMENTS
A. The above-referenced Recitals constitute a material part hereof and shall hereby be incorporated by reference. Moreover, this Agreement consists of the following documents, in order of precedence, all of which are incorporated herein and made part of this Agreement, as though fully set forth herein:
a. This Agreement.
b. RFP No. 24-7, attached hereto as Exhibit “A.”
c. CONSULTANT’S Proposal to RFP No. 24-7 dated ……………., 2023, attached hereto as Exhibit “B”. d. CONSULTANT’S “Best and Final Offer” to RFP No. 24-7 dated ……………., 2023, attached hereto as Exhibit “C”.
e. All other documents, including but not limited to all applicable bonds, insurance certificates, permits, notices, schedules, forms, certifications, and affidavits.
B. These documents shall be collectively referred to herein as the “Contract Documents.” In the event of a conflict among the Contract Documents, the order of precedence.
RFP No. 24-7
23 SECTION 2. SERVICES / COMPENSATION.
A. CONSULTANT shall provide to CITY those services that are set forth fully in the Scope of Services, as such is set forth fully in Exhibit “A” hereto and incorporated fully herein by this reference (hereinafter “Professional Services”).
B. CONSULTANT shall complete the Scope of Services within the time set forth in the Schedule of Performance, as such is set forth in Exhibit “B” hereto and incorporated fully herein by this reference.
B. CONSULTANT shall be compensated a sum not-to-exceed $………………………………………(the “Maximum Compensation”) for performance of the Professional Services as set forth in the Schedule of Compensation attached hereto as Exhibit “C” and incorporated fully herein by this reference (“Compensation”). CONSULTANT shall provide an itemized billing statement to CITY each month for Professional Services performed. CONSULTANT shall not incur fees or costs which exceed the Maximum Compensation without the prior written consent of CITY.
C. CITY will be invoiced at the end of the first billing period following commencement of work and at the end of each billing period thereafter. Payment in full of an invoice must be received by CONSULTANT within thirty (30) days of the date of such invoice.
D. Work performed shall be deemed approved and accepted by CITY as and when invoiced unless CITY objects within fifteen (15) days of invoice date by written notice specifically stating the details in which CITY believes such work is incomplete or defective, and the invoice amount(s) in dispute. CITY shall pay undisputed amounts as provided for in the preceding paragraph.
E. Failure of CITY to submit full payment of an invoice with in thirty (3 0) days of the date thereof subjects this agreement and the work herein contemplated to suspension or termination at CONSULTANT's discretion.
SECTION 3. TERM.
This Agreement shall commence on ………………, 2023 and shall terminate upon completion of the Scope of Services set forth herein, unless terminated sooner as provided in Section 8 herein.
The Parties agree that Sections 4(B), 9, 10, 11, 13, 16, 17, 18, and 19 shall survive for three (3) years following the expiration or termination of this Agreement.
SECTION 4. PERFORMANCE.
A. CONSULTANT shall at all times, faithfully, competently, and to the best of its ability, experience and talent, perform all tasks described herein.
B. CONSULTANT shall employ, at a minimum, generally accepted standards and practices utilized by companies engaged in providing similar services, as are required of CONSULTANT hereunder, in meeting its obligations under this Agreement.
C. CONSULTANT shall be knowledgeable of and subject to all CITY ordinances, rules and
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24 regulations, standard operating procedures, and the supervisory chain of command.
D. CONSULTANT shall have the right to retain, subject to CITY's written approval, additional individuals, consultants or subcontractors to assist in the completion of services as herein defined.
Compensation for additional individuals, consultants or subcontractors shall be the sole and exclusive responsibility of CONSULTANT.
E. CONSULTANT shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of three (3) years, unless otherwise provided for in Exhibit “A.” Upon CITY providing twenty -four (24) hours advanced prior notice, CONSULTANT shall make all records, invoices, time cards, cost control sheets and other records maintained by CONSULTANT in connection with this Agreement available during CONSULTANT’s regular working hours to CITY for review and audit by CITY.
F. All reports, documents or other written material developed by CONSULTANT in the performance of this Agreement shall be and remain the property of CITY without restriction or limitation upon its use or dissemination by CITY. Such material shall not be the subject of a copyright application by CONSULTANT. Any alteration or reuse by CITY of any such materials on any project other than the Project shall be at CITY’s sole risk, unless CITY compensates CONSULTANT for such reuse.
SECTION 5. WORK PRODUCT.
A. CONSULTANT hereby agrees that all work produced pursuant to this Agreement, and provided to CITY during and upon completion of this Agreement, shall be the property of CITY, and ownership of said work product shall be retained by CITY. CONSULTANT may take and retain copies of such written products as desired.
B. 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 prior written consent by CITY. CITY shall grant such consent if disclosure is legally required. All such written products shall be returned to CITY upon the termination or expiration of this Agreement. CONSULTANT agrees that the covenants contained in this Article shall survive the expiration or termination of this Agreement.
C. Documents are provided in CONSULTANT’s standard software formats. CITY recognizes that electronic or magnetic data and its transmission can be easily damaged, may not be compatible with CITY’s software formats and systems, may develop inaccuracies during conversion or use, and may contain viruses or other destructive programs, and that software and hardware operating systems may become obsolete. As a condition of delivery of electronic or magnetic data, CITY agrees to defend indemnify and hold CONSULTANT, its sub-contractors, agents and employees harmless from and against all claims, loss, damages, expense and liability arising from or connected with its use, reuse, misuse, modification or misinterpretation. In no event shall CONSULTANT be liable for any loss of use, profit or any other damage.
SECTION 6. EXTRA SERVICES.
No extra services over and above the Compensation shall be rendered by CONSULTANT under this Agreement unless such extra services first shall have been duly authorized in writing by CITY’s City Manager (“City Manager”).
RFP No. 24-7
25 SECTION 7. CITY SUPERVISION.
The Transportation Director shall have the right of general supervision of all work performed by CONSULTANT and shall be CITY’s agent with respect to obtaining CONSULTANT’s compliance hereunder.
No payment for services rendered under this Agreement shall be made without the prior approval of the City Manager.
SECTION 8. TERMINATION.
In the event that either Party hereto fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, the non -defaulting party shall give the defaulting party written notice of the default, the nature of the default, and of the steps necessary to cure the default.
A. Termination for Cause. In the event that any of the provisions of the Agreement are violated by either party, the non-defaulting Party may terminate the Agreement by serving written notice upon the other Party, listing the violation(s) and its intent to terminate such Agreement unless within ten (10) days after the serving of such notice, such violation shall cease or be rectified, the contract shall upon the expiration of an additional thirty (30) days cease and terminate. Violations by CONSULTANT which cannot be corrected within ten (10) days, said contract shall at the option of CITY cease and terminate upon the giving of like notice. In the event of any such termination for default by CONSULTANT, CITY may take over the work and prosecute the same to completion by contract or otherwise for the account and at the expense of CONSULTANT. CONSULTANT and his sureties shall be liable to CITY for any excess cost occasioned in the event of any such termination. This change shall not be construed to prevent the termination, for other causes authorized by law or other provisions of this contract. In the event of a termination for cause, CONSULTANT shal l only be entitled to the Compensation for those Professional Services satisfactory performed on or before the effective date of termination.
B. Termination for Convenience. CITY shall have the option, at its sole discretion and without cause, to termina te this Agreement in whole, or in part, after giving written notice to CONSULTANT at least five (5) business days before the termination is to be effective. Upon the termination of this Agreement as provided herein, CITY shall provide to CONSULTANT the pa rt of Compensation which would otherwise be payable to CONSULTANT for services CONSULTANT had completed as of the date of termination, less the amount of all previous payment with respect to the Compensation. Further, upon such a termination for convenience by CITY, the Parties agree that CONSULTANT shall be reimbursed for any “non-refundable” costs that CONSULTANT has incurred for its services under this Agreement, provided that: (1) such “non - refundable” costs were incurred by CONSULTANT prior to the date of termination; (2) that CONSULTANT provides CITY with adequate proof that CONSULTANT incurred the costs, and is unable to be seek a refund for such costs; and (3) such costs were within the scope of work or services to be performed under this Agreement. Such “non-refundable” costs may include, but are not limited to, travel reservations incurred by CONSULTANT for its performance of services under this Agreement. CONSULTANT agrees to cease all work under this Agreement on or before the effective date of any notice of termination.
SECTION 9. EMPLOYMENT OF CITY EMPLOYEES.
No regular employee of CITY shall be employed by CONSULTANT during the Term of this Agreement.
RFP No. 24-7
26 SECTION 10. NON-LIABILITY OF CITY OFFICIALS AND EMPLOYEES.
No official or employee of CITY shall be personally liable to CONSULTANT in the event of any default or breach by CITY, or for any amount which may become due to CONSULTANT.
SECTION 11. INDEPENDENT CONTRACTOR.
A. CONSULTANT is and shall, at all times, remain as to CITY a wholly independent contractor.
Neither CITY nor any of its elected officials, officers, employees or agents shall have control over the conduct of CONSULTANT except as expressly set forth in this Agreement. CONSULTANT shall not at any time or in any manner represent that he is in any manner an elected official, officer, employee or agent of CITY. No employee benefits shall be available to CONSULTANT in connection with the performance of this Agreement. Except as provided in this Agreement, CITY shall no t pay salary, wages, or other compensation to CONSULTANT for performance hereunder for CITY. CITY shall not be liable for compensation to CONSULTANT, CONSULTANT’s employees or CONSULTANT’s subcontractors for injury or sickness arising out of performing services hereunder.
B. The parties further acknowledge and agree that nothing in this Agreement shall create or be construed to create a partnership, joint venture, employment relationship or any other relationship except as set forth in this Agreement.
C. CITY shall not deduct from the Compensation paid to CONSULTANT any sums required for Social Security, withholding taxes, FICA, state disability insurance or any other federal, state or local tax or charge which may or may not be in effect or hereinafter enacted or required as a charge or withholding on the compensation paid to CONSULTANT. CITY shall have no responsibility to provide CONSULTANT, its employees or subcontractors with workers’ compensation insurance or any other insurance.
SECTION 12. PERS ELIGIBILITY INDEMNITY.
A. 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 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 CONSULTANT or its emplo yees, 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.
B. 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 to, 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 employer contribution and/or employee contributions for PERS benefits.
SECTION 13. LEGAL RESPONSIBILITIES.
CONSULTANT shall at all times observe and comply with all applicable laws, ordinances, codes and regulations of the federal, state and local governments including, but not limited to the Montebello Municipal Code. CITY, and its appointed or elected officers, employees, or agents, shall not be liable at
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27 law or in equity occasioned by failure of CONSULTANT to comply with this section.
SECTION 14. INDEMNIFICATION.
CONSULTANT agrees to, and shall defend, indemnify, protect and hold harmless, CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers from and against any and all claims, demands, lawsuits, defense costs, civil, penalties, expenses, causes of action, and judgments at law or in equity, or liability of any kind or nature which CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers may sustain or incur or which may be imposed upon them for injuries or deaths of persons, or damage to property arising out of CONSULTANT’S negligent or wrongful act, or omission under the terms of this Agreement, except only liability arising out of the sole negligence of CITY.
SECTION 15. INSURANCE COVERAGE.
During the Term of this Agreement, CONSULTANT shall carry, maintain, and keep in full force and effect all of the following minimum scope of insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with CONSULTANT’s performance of this Agreement. Such insurance shall be of the types and in the amounts as set forth below:
Commercial General Liability (CGL): Broad-form, Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis for bodily injury and property damage, including premise - operations, products-completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury, and advertising injury, with limits no less than Two Million Dollars and Zero Cents ($2,000,000), combined single limits, per occurrence. If a general aggregate limit applies, the limit shall be twice the required occurrence limit.
Business Automobile Liability Insurance: For owned vehicles, hired, and non -owned vehicles, Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if CONSULTANT has no owned autos, Code 8 (hired) and 9 (non- owned), with limit no less than One Million Dollars and Zero Cents ($1,000,000.00) per accident for bodily injury and property damage.
Worker's Compensation insurance as required by the laws of the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than One Million Dollars and Zero Cents ($1,000,000.00) per accident for bodily injury or di sease. CONSULTANT agrees to waive, and to obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers for losses arising from work performed by CONSULTANT for CITY and to require each of its subcontractors, if any, to do likewise under their workers’ compensation insurance policies.
By executing this Agreement, CONSULTANT further certifies as follows:
I am aware of, and will comply with, Section 3700 of the Labor Code, requiring every employer to be insured against liability of Workers’ Compensation or to undertake self-insurance before commencing any of the work contempl ated herein.
Professional Errors and Omissions (E&O) Liability insurance appropriate to the
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28 CONSULTANT’s profession, with limit no less than Two Million Dollars and Zero Cents ($2,000,000.00) per occurrence or claim, Two Million Dollars and Zero Cents ($2,000,000.00) aggregate. Architects’ and engineers’ coverage shall be endorsed to include contractual liability. If the policy is written as a “claims made” policy, the retroactivity date shall be prior to the start of work set forth herein, CONSULTANT shall obtain and maintain said E&O liability insurance during the Term of this Agreement and for five (5) years after completion of work hereunder. If coverage is canceled or non -renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of this Agreement, CONSULTANT shall purchase “extended reporting” coverage for a minimum of five (5) years after completion of the work.
If CONSULTANT maintains higher limits than the minimums shown above, CITY requires and shall be entitled to coverage for the higher limits maintained by CONSULTANT. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to CITY.
CONTACTOR shall require each of its subcontractors, if any, to maintain insurance coverage that meets all of the requirements of this Agreement.
The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California, with a current rating of at least A : VII in the latest edition of Best's Insurance Guide, and approved by CITY.
Each insurance policy required herein shall state that coverage shall not be canceled, except after providing CITY thirty (30) days’ (or ten [10] calendar days’ for non -payment) prior written notice.
CONSULTANT agrees that if it does not keep the aforesaid insurance in full force and effect CITY may either: (i) immediately terminate this Agreement for Cause; or (ii) take out the necessary insurance and pay, at CONSULTANT’S expense, the premium thereon.
At all times during the Term of this Agreement, CONSULTANT shall maintain on file with CITY’s Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and naming CITY, its officers, agents, employees and volunteers as an additional insured. CONSULTANT shall, prior to commencement of work under this Agreement, file with CITY’s Risk Manager such certificate(s).
CONSULTANT shall provide proof that policies of insurance required herein expiring during the Term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two (2) weeks prior to the expiration of the coverages.
The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers as additional insur eds. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days’ prior written notice to CITY. CONSULTANT agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.
Except for professional liability and workers’ compensation policies, the policies herein are primary and non -contributing with any insurance that may be carried by CITY. Any insurance or self - insurance maintained by CITY, its officers, employees, agents or volunteers, shall be in excess of
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29 CONSULTANT’s insurance and shall not contribute with it.
All insurance coverage provided pursuant to this Agreement shall not prohibit CONSULTANT, and CONSULTANT’s employees, agents or subcontractors, from waiving the right of subrogation prior to a loss.
CONSULTANT hereby waives all rights of subrogation against CITY. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not CITY has received a waiver if subrogation endorsement from the insurer.
Coverage not affected. Any failure to comply with the reporting provisions of the policies contemplated herein, shall not affect coverage provided to CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers.
Coverage applies separately. 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.
Any deductibles or self -insured retentions must be declared to and approved by CITY. At the option of CITY, CONSULTANT shall either reduce or eliminate the deductibles or self -insured retentions with respect to CITY, or CONSULTANT shall procure a bond guaranteeing payment of losses and expenses.
Procurement of insurance by CONSULTANT shall not be construed as a limitation of CONSULTANT's liability or as fall performance of CONSULTANT’s duties to indemnify, hold harmless and defend under Section 9 of this Agreement.
CITY, its officers and employees shall not be responsible for any claims in law or in equity occasioned by failure of CONSULTANT to comply with this section.
SECTION 16. SUBCONTRACT, ASSIGNMENT OR DELEGATION.
CONSULTANT shall no t subcontract, delegate or assign its duties or rights hereunder, either in whole or in part, without the prior written consent of CITY. Any proposed subcontract, delegation, or assignment shall provide a description of the services to be covered, identif ication of the proposed sub- contractor, delegee, or assignee, and an explanation of why and how the same was selected, including the degree of competition involved.
Any subcontract, delegation or assignment shall be made in the name of CONSULTANT and sha ll not bind or purport to bind CITY and shall not release CONSULTANT from any obligations under this Agreement including, but not limited to, the duty to properly supervise and coordinate the work of employees, assignees, delegees or sub-contractors. No such subcontract, delegation or assignment shall result in any increase in the amount of total compensation payable to CONSULTANT under the Agreement.
SECTION 17. NO WAIVER.
Waiver by any party hereto of any term, condition or covenant of this Agreement shall not constitute the waiver of any other term, condition or covenant hereof.
SECTION 18. DISPUTE RESOLUTION; GOVERNING LAW.
Disputes regarding the interpretation or application of any provision(s) of this Agreement shall, to the extent reasonably feasible, be resolved through good faith negotiations between the Parties. If any
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30 action at law or in equity is brought to enforce this Agreement or because of alleged dispute, breach, default or misrepresentation in connection with the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney’s fees, expert fees, costs and necessary disbursements incurred in that action or proceeding, in addition to such other relief as may be sought and awarded. The venue for any litigation shall be County of Los Angeles, California. The Parties agree that the covenants contained in this Article shall survive the expiration or termination of this Agreement.
SECTION 19. ATTORNEY’S FEES AND COSTS.
If litigation is reasonably required to enforce or interpret the provisions of this Agreement, the prevailing party in such litigation shall be entitled t o an award of reasonable attorney's fees and costs in addition to any other relief to which it may be entitled.
SECTION 20. WARRANTIES.
Each of the parties represents and warrants to one another as follows:
A. It has received independent legal advice from its attorneys with respect to the advisability of entering into and executing this Agreement;
B. In executing this Agreement, it has carefully read this Agreement, knows the contents thereof, and has relied solely on the statements expressly set forth herein and has placed no reliance whatsoever on any statement, representation, or promise of any othe r party, or any other person or entity, not expressly set forth herein, nor upon the failure of any other party or any other person or entity to make any statement, representation or disclosure of any matter whatsoever; and
C. It is agreed that each party has the full right and authority to enter into this Agreement, and that the person executing this Agreement on behalf of either party has the full right and authority to fully commit and bind such party to the provisions of this Agreement.
SECTION 21. MISCELLANEOUS.
A. The descriptive paragraph headings of this Agreement are included for purposes of convenience only and shall not control or affect the construction of interpretation of any of its provisions.
B. Whenever the context hereof shall so require, the singular shall include the plural, the male gender shall include the female gender, and the neuter and vice versa.
C. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein.
D. The representations and warranties made by the parties to this Agreement shall survive the consummation of the transaction herein described.
E. This Agreement may be signed in any one or more counterparts all of which taken together shall be but one and the same Agreement. Any signed copy of this Agreement or of any other document or agreement referred to herein, or copy or counterpart thereof, delivered by facsimile transmission, shall for all purposes be treated as if it were delivered containing an original manual
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31 signature of the party whose signature appears in the facsimile and shall be binding upon such party in the same manner as though an originally signed copy had been delivered.
F. Each of the parties acknowledges that it has been represented by independent counsel of its own choosing, or if it has not been so represented, it has been admonished to obtain independent counsel and has freely and voluntarily waived and relinquished the right to counsel. Each party who has not obtained independent counsel acknowledges that the failure to have independent legal counsel will not excuse such party’s failure to perform under this Agreement or any agreement referred to in this Agreement.
G. To the extent of a conflict between the terms of this Agreement and those set forth in any exhibits or attachments hereto, the terms of this Agreement shall govern.
SECTION 22. NOTICE.
All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals hereunder shall be given to the following addresses or such other addresses as the Parties may designate by written notice:
CITY MANAGER
City of Montebello
1600 West Beverly Boulevard
Montebello, California 90640
CONSULTANT
________________________
________________________
________________________
________________________
SECTION 23. NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYER.
In the performance of this Agreement, CONSULTANT shall not discriminate against any employee, sub-contractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, mental condition or sexual orientation.
CONSULTANT will take affirmative action to ensure that sub-contractor and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, m edical condition or sexual orientation.
SECTION 24. CONFLICT OF INTEREST.
CONSULTANT and its officers, employees, associates and sub consultants, if any, shall comply with all California conflict of interest statutes applicable to Consultant’s Services under this Agreement, including, but not limited to, the Political Reform Act (Gov. Code, § 81000 et seq.) and Government Code Section 1090. CONSULTANT further covenants that it presently has no interest and shall not acquire any
RFP No. 24-7
32 interest, direct or indirect, which may be affected by the services to be performed by CONSULTANT under this Agreement, or which would conflict in any manner with the performance of its services hereunder.
CONSULTANT further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, CONSULTANT shall avoid the appearance of having any interest that would conflict in any manner with the performance of its services pursuant to this Agreement.
CONSULTANT covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of services to CITY as a result of the performance of this Agreement, or the services that may be procured by CITY as a result of the recommendations made by CONS ULTANT.
CONSULTANT's covenant under this section shall survive the termination of this Agreement.
SECTION 25. ENTIRE AGREEMENT.
This Agreement contains the entire understanding between CITY and CONSULTANT. Any prior agreements, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to this Agreement shall be effective only if in writing and signed by each party. If any term, condition or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall be valid and binding.
CITY OF MONTEBELLO CONSULTANT
_______________________ _____________________
Arlene Salazar Name and Title
Acting City Manager
Dated: _____________ Dated: _____________
ATTEST:
______________________
Christopher Jimenez
City Clerk
APPROVED AS TO FORM
________________________
Arnold M. Alvarez-Glasman
City Attorney
RFP No. 24-7
33 SECTION 6 - FORMS AND CERTIFICATIONS
LETTER OF TRANSMITTAL
CITY OF MONTEBELLO
Transportation Department
SUBJECT: REQUEST FOR PROPOSAL (RFP) NO. 24-7
BUS STOP IMPROVEMENT PROJECT (BSIP) CONSULTING SERVICES In response to the subject Request for Proposal (RFP) and in accordance with the accompanying Instructions to Proposers, the Proposer hereby commits to the City of Montebello to perform the work in accordance with the provisions in the Proposal Level Contract Documents and any addenda thereto and at the prices stated in the Revenue Price Sheet, which will be included and made a part of any subsequent Contract.
The Proposer agrees that the Proposal constitutes a firm offer that cannot be withdrawn for ninety (90) calendar days from the Proposal opening or until the Contract for the work is fully executed between the City and a third party, whichever is earlier.
If awarded a contract, the Proposer agrees to execute the Agreement and deliver it to the City of Montebello within seven (7) calendar days after receiving a Letter of Award together with the necessary certificates of insurance and any applicable performance or payment bonds. The Contractor shall proceed with the work upon receipt of a Notice to Proceed.
The Proposer certifies that it has:
1. Examined and is fully familiar with all the provisions of the RFP Documents and any addenda thereto:
2. Satisfied itself as to the requirements of the Contract, the nature and location of the work, the general and local conditions to be encountered in performance of the work, and all other matters that can in any way affect the Work and/or the cost thereof.
3. Examined the experience, skill and certification requirements in Scope of Services and that the entities performing the work can fulfill the specified requirements; and
4. Carefully reviewed the accuracy of all statements and figures shown in the Proposal and attachment hereto.
Therefore, the undersigned hereby agrees that the City of Montebello will not be responsible for any errors or omissions in the Proposal.
The Proposer further certifies that:
1. The only persons, firms, corporations, joint ventures/partnerships, and/or other parties interested in the Proposal as principals are those listed as such in the Proposal Forms and that,
2. The Proposal has been prepared without collusion w ith any other person, firm, corporation, joint venture/partnership, and/or other party.
RFP No. 24-7
34 The undersigned acknowledges receipt, understanding and full consideration of the following addenda to the Proposal Documents:
Addenda No(s)
Dated Dated
Dated Dated
Dated Dated
Failure to acknowledge receipt of all addenda may cause the Proposal to be considered non -responsive to the solicitation. Acknowledged receipt of each addendum must be clearly established and included with the Proposal /offer.
Proposer’s Name
Business Address
Contact Person
Email Address
Phone
Fax
Signature of Authorized Official Signature of Authorized Official
Typed or Printed Name Typed or Printed Name
Title Title
Date Date
RFP No. 24-7
35 (Joint ventures/partnerships are to provide a signed copy of their agreement with their Proposal.)
For Proposals requiring licenses the following information is required:
Contractor’s License No.
Expiration Date:
License Classification:
RFP No. 24-7
36 EXHIBIT A
INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND WAIVER OF SUBROGATION AND CONTRIBUTION Contract/Agreement/License/Permit No. or description: RFP Bus Stop Improvement Project (BSIP) Consulting Services Indemnitor(s): ________________________________________________ (List all names)
To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to protect, indemnify, and hold harmless the City of Montebello and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, and assigns (collectively “Indemnitees”) from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively “Liabilities”), resul ting from any wrongful or negligent act, failure to act, error, or omission of Indemnitor or any of its officers, agents, serv ants, employees, subcontractors, material men, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to the above -referenced: RFP No. 24-7 Bus Stop Improvement Project (BSIP) Consulting Services (the “Waiver”) or the performance or failure to perform any term, provision, covenant, or condition of the Waiver, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Waiver and is in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee’s right to recover under this indemnity provision, and an entry of judgment against the Indemnitor shall be conclusive in favor of th e Indemnitee’s right to recover under this indemnity provision. Indemnitor shall pay Indemnitees for any attorney’s fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees’ active negligence or willful misconduct to the limited extent that the underlying agreement is subject to Civil Code § 2782(a), or (b) the contracting public agency’ s active negligence to the limited extent that the underlying agreement is subject to Civil Code § 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under the Waiver or any additional insured endorsements which may extend to Indemnitees.
City agrees to promptly inform Indemnitor in writing of any claim that City believes to be subject to this Waiver.
Indemnitor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent non-active negligence by the Indemnitees.
In the event there is more than one person or entity named in the Waiver as an Indemnitor, then all obligations, liabilities, covenants and conditions under this instrument shall be joint and several.
“Indemnitor”
Name: ________________________________________________ Name: _______________________ (Print) (Print)
By: _________________________________________________ By: _________________________________________ (Signature) (Signature)
Title: _______________________________________________ Title: _______________________________________
Date: _______________________________________________ Date: _______________________________________
RFP No. 24-7
37 EXHIBIT B
REFERENCES
List at Least Three (3) Professional References:
1 Project City/Agency/Other:
Person of Contact:
Phone Number:
E-mail Address:
Address:
City, State, Zip Code:
Description of Contract (Please
include contract value, award
date, term of contract, and
description of work):
Contract Value: $
Award Date:
Term of Contract:
Description of Work:
2 Project City/Agency/Other:
Person of Contact:
Phone Number:
E-mail Address:
Address:
City, State, Zip Code:
Description of Contract (Please
include contract value, award
date, term of contract, and
description of work):
Contract Value:
$
Award Date:
Term of Contract:
Description of Work:
3 Project City/Agency/Other:
Person of Contact:
Phone Number:
E-mail Address:
Address:
City, State, Zip Code:
Description of Contract (Please
include contract value, award
date, term of contract, and
description of work):
Contract Value: $
Award Date:
Term of Contract:
Description of Work:
RFP No. 24-7
38 EXHIBIT C
INSURANCE
The Proposal shall include a statement that the insurance requirements set forth in the contract documents can be obtained and will be carried without reservation or exclusion should Proposer be awarded a contract pursuant to this RFP.
The successful Proposer shall at all times during the term of the awarded Agreement, carry, maintain, and keep in force and ef fect, with an insurance company admitted to do business in California, rated “A” or better in the most recent A.M. Best’s Insurance Rating Guide, and approved by the CITY, a policy or policies of:
A. Commercial General Liability Insurance using Insurance Services Office Commercial General Liability form CG 00 O1 or the exact equivalent. Defense costs must be paid in addition to limits.
There shall be no cross liability exclusion for claims or suits by one insured against another.
Limits shall be no less than $1,000,000 per occurrence for all covered losses and the general aggregate limit shall be twice the required occurrence limit.
B. Business Auto Coverage on ISO Business Auto Coverage form CA 00 O1 including symbol 1 (Any Auto) or the exact equivalent. Limits shall be no less than $1,000,000 per accident, combined single limit. If Contractor owns no vehicles, this requirement may be satisfied by a non -owned auto endorsement to the general liability policy described in the preceding subsection. If Contractor or Contractor’s employees will use personal autos in any way on this project, Contractor shall provide evidence of personal auto liability coverage for each such person.
C. Workers' Compensation insurance on a state approved policy form providing statutory ben efits as required by law with employer's liability limits no less than $1,000,000 per accident for all covered losses.
D. Professional Liability or Errors and Omissions Insurance as appropriate to the profession, written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Contractor and "Covered Professional Services" as designated in the policy must specifically include work performed under this Agreement. The policy limit shall be not less than $2,000,000 per claim and in the aggregate. The policy must "pay on behalf of' the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this Agreement. City, it’s officers, employees, attorneys, and designated volunteers shall be named as additional insured on the policy, or policies, as to commercial general liability bodily injury and property damage coverage’s and automobile coverage’s with respect to liability arising out of successful Proposer’s work under this Agreement.
E. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) days' prior written notice thereof. Any such thirty (30) day notice shall be submitted to City via certified mail, return receipt requested, addressed to "Risk Manager," City of Mo ntebello, 1600 West Beverly
RFP No. 24-7
39 Boulevard, Montebello, California, 90640. Contractor agrees that it will not cancel, reduce or otherwise modify said insurance coverage.
F. Contractor shall submit to City (i) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (ii) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less than one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement".
RFP No. 24-7
40 EXHIBIT D
RFP No. 24-7
BUS STOP IMPROVEMENT PROJECT (BSIP) CONSULTING SERVICES
COST PROPOSAL SHEET
In accordance with the Request for Proposal issued by the City of Montebello Transportation Department), the undersigned proposing company (“Consultant/Proposer”) hereby agrees to furnish all necessary labor, materials and incidentals required for the above stated contract as set forth in the Scope of Work and any addenda thereto, and to perform all work in the manner and time prescribed therein.
TASK 1: Bus Shelter Inventory $
TASK 2: Design Recommendations $
TASK 3: Amenity Recommendations $
TASK 4: Bus Stop Assessment for Bus Stop Improvement Project $ TASK 5: Plan and Design of Development Phase/RFP Creation $ TOTAL FIRM-FIXED PRICE $
___________________________________
___________________________________
___________________________________
___________________________________
___________________________________
Contact Information:
Name & Job Title:
Business Name:
Address:
City, State, Zip Code:
Phone Number:
E-mail Address:
Authorized Signature: Date:
List other costs/fees: Description
RFP No. 24-7
EXHIBIT E
STATEMENT OF
DISADVANTAGED BUSINESS ENTERPRISE PARTICIPATION
This proposal provides for the following Disadvantaged Business Enterprise participation:
Disadvantaged Business Enterprise
Firm Name
Address
Phone Number
Type of Business
Current DBE Certification? Yes* *No
*(If "Yes," attach copy of current Letter of Certification and copy of current Statement of Personal Net Worth.)
Total $
% of Total Contract
Signature: Date:
RFP No. 24-7
42 EXHIBIT F
Bidder’s List of Subcontractors (DBE and Non-DBE)
Part I
The bidder shall list all subcontractors (both DBE and non -DBE) in accordance with Section 2 -1.054 the Standard Specification and per Title 49, Section 26.11 of the Code of Federal Regulations. This listing is required in addition to listing DBE Subcontractors elsewhere in the proposal. Photocopy this form for additional firms.
Firm Name/
Address/
City, State, ZIP
Phone/
Fax
Annual Gross
Receipts
Description of Portion of Work to be
Performed
Local Agency Use Only
(Certified DBE?)
Name Phone
< $1 million YES
< $5 million NO
Address < $10 million If YES list DBE #:
Fax < $15 million
City State ZIP > $15 million Age of Firm (Yrs.)
Name Phone
< $1 million YES
< $5 million NO
Address < $10 million If YES list DBE #:
Fax < $15 million
City State ZIP > $15 million Age of Firm (Yrs.)
Name Phone
< $1 million YES
< $5 million NO
Address < $10 million If YES list DBE #:
Fax < $15 million
City State ZIP > $15 million Age of Firm (Yrs.)
RFP No. 24-7
43 Part II
The bidder shall list all subcontractors who provided a quote or bid but were not selected to participate as a subcontractor on this project. This is required for compliance with Title 49, Section 26 of the Code of Federal Regulations. Photocopy this form for additional firms.
Firm Name/
Address/
City, State, ZIP
Phone/
Fax
Annual Gross Receipts Description of Portion of Work to be Performed
Local Agency
Use Only
(Certified
DBE?)
Name Phone
< $1 million YES
< $5 million NO
Address < $10 million If YES list DBE
#:
Fax < $15 million
City State ZIP > $15 million Age of Firm
(Yrs.)
Name Phone
< $1 million YES
< $5 million NO
Address < $10 million If YES list DBE
#:
Fax < $15 million
City State ZIP > $15 million Age of Firm
(Yrs.)
RFP No. 24-7
44 EXHIBIT G
FEDERAL REQUIREMENTS
1.1 Federal Funding, Incorporation of FTA Terms
The preceding provisions include, in part, certain standard terms and conditions required by the U.S.
Department of Transportation ("DOT"), whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in Federal Transit Administration ("FTA") Circular 4220.1F or its successors are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA-mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this agreement. The CONTRACTOR shall not perform any act, fail to perform any act or refuse to comply with any AGENCY requests that would cause AGENCY to be in violation of the FTA terms and conditions.
1.2 Federal Changes
The CONTRACTOR shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between AGENCY and FTA, as they may be amended or promulgated from time to time during the term of this Contract. CONTRACTOR'S failure to so comply shall constitute a material breach of this Contract.
1.3 No Government Obligation to Third Parties
The AGENCY and CONTRACTOR acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying Contract, absent the express written consent by the Federal Government, the Federal Government is not a part to this Contract and shall not be subject to any obligations or liabilities to the AGENCY, CONTRACTOR, or any other party (whether or not a party to that Contract) pertaining to any matter resulting from the underlying Contract.
The CONTRACTOR agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the Subcontractor who will be subject to its provisions.
1.4 Program Fraud and False or Fraudulent Statements or Related Acts The CONTRACTOR acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. §§ 3801, et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R.
Part 31, apply to its actions pertaining to this project . Upon execution of the underlying Contract, the CONTRACTOR certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying Contract of the FTA -assisted project for which this Contract work is being performed.
In addition to other penalties that may be applicable, the CONTRACTOR further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the CONTRACTOR to the extend the Federal Government deems appropriate.
RFP No. 24-7
45 The CONTRACTOR also acknowledges that if it makes, or caused to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the CONTRACTOR, to the extent the Federal Government deems appropriate.
The CONTRACTOR agrees to include the above two clauses in each sub -contract financed in whole or in part with Federal assistance provided by the FTA. It is further agreed that the clauses shall not be modified, except to identify the Sub-contractor who will be subject to the provisions.
1.5 Inspection and Retention of Records
The CONTRACTOR shall permit authorized representatives of the AGENCY, the FTA Administrator, and the Comptroller General of the United States to inspect and audit all data and records of the CONTRACTOR relating to its performance and its sub-contracts under this Contract from the date of the Contract through and until the expiration of three years after the date of termination or expiration of this Contract, except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case CONTRACTOR agrees to maintain same until the AGENCY, the FTA Administrator, and the Comptroller General of the United States, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. The AGENCY retains ownership of all project documents and records maintained by the CONTRACTOR on behalf of the AGENCY.
1.6 Suspension and Debarment
This Contract is a covered transaction for purpose s of 49 CFR Part 29. As such, the CONTRACTOR is required to verify that none of the CONTRACTOR, its principals, as such defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945.
The CONTRACTOR is required to comply with 49 CFR 29, Subpart C and must include this requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into.
By signing and submitting its bid or proposal, the Bidder or Proposer certifies as follows:
The certification in this clause is a material representation of fact relied upon by the AGENCY. If it is later determined that the Bidder or Proposer knowingly rendered an erroneous certification, in addition to remedies available to the AGENCY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The Bidder or Proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughou t the period of any contract that may arise from this proposal. The Bidder or Proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.
1.7 Termination
Pursuant to the Contract, in the event that eith er Party hereto fails or refuses to perform any of the provisions of this Contract at the time and in the manner required, the non-defaulting party
shall give the defaulting party written notice of the default, the nature of the default, and of the steps necessary to cure the default.
For any breach deemed by the non-defaulting party to constitute a material breach, the defaulting party is required to cure the breach within five (5) calendar days upon receipt of written notice. For any breach
RFP No. 24-7
46 deemed by the non-defaulting party to constitute a non-material breach, the defaulting party is obligated to cure such breach within ten (10) calendar days upon receipt of written notice. However, if the nature of the non-material breach requires more than ten (10) days to cure, the defaulting party shall have thirty (30) days to diligently pursue and complete a cure.
In addition to any other available legal or equitable rights or remedies, if the default is not cured within the time periods described above, the non-defaulting party may terminate this Contract by giving written notice thereof to the defaulting party, setting forth the effective date thereof.
The AGENCY shall have the option, at its sole discretion and without cause, of terminating this Contract in whole, or in part, by giving ten (10) business days' written notice to CONTRACTOR. Upon the termination of this Contract as provided herein, the AGENCY shall provide to CONTRACTOR the part of Compensation which would otherwise be payable to CONTRACTOR fo r services CONTRACTOR had completed as of the date of termination, less the amount of all previous payment with respect to the Compensation. Further, upon such a termination for convenience by AGENCY, the Parties agree that CONTRACTOR shall be reimbursed for any "non-refundable" costs that CONTRACTOR has incurred for its services under this Contract, provided that: (1) such "non -refundable" costs were incurred by the CONTRACTOR prior to the date of termination, and (2) that CONTRACTOR provides the AGENCY wi th adequate proof that CONTRACTOR incurred the costs, and is unable to be seek a refund for such costs.
Such "non -refundable" costs may include, but are not limited to, travel reservations incurred by CONTRACTOR for its performance of services under this Contract. CONTRACTOR agrees to cease all work under this Contract on or before the effective date of any notice of termination. Pursuant to the Contract, all AGENCY data, documents, objects, materials or other tangible things shall be returned to the AGENCY upon the termination or expiration of this Contract.
1.8 Civil Rights Requirements
During the performance of this Contract, the CONTRACTOR agrees as follows:
1. Nondiscrimination - In accordance with Title VI of the Civil Rights Act, the CONTRACTOR agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability.
2. Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying Contract:
(a) Race, Color, Creed, National Origin, Sex - The CONTRACTOR agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.
(b) Age - The CONTRACTOR agrees to refrain from discrimination against present and prospective employees for reason of age.
(c) Disabilities - The CONTRACTOR agrees that it will comply with the requirements of U.S.
Equal Employmen t Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities.
RFP No. 24-7
47 3. The CONTRACTOR also agrees to include these requiremen ts in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties.
1.9 Disadvantaged Business Enterprise (DBE)
1. AGENCY Assurance: AGENCY shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any U.S. Department of Transportation (DOT) -assisted contract, or in the administration of its DBE Program.
AGENCY shall take all necessary and reasonable steps under Part 26, T itle 49 of the Code of Federal Regulations (CFR), to ensure nondiscrimination in the award and administration of DOT - assisted contracts. AGENCY'S DBE Program, as required by 49 CFR Part 26, and as approved by DOT, is incorporated by reference in this Contract. Implementation of this DBE Program is a legal obligation and failure to carry out its terms shall be treated as a violation of this Contract. Upon notification to AGENCY of its failure to carry out its approved program, the DOT and/or the Federal Transit Administration (FTA) may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. § 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. §§ 3801 et seq.).
2. Annual Overall Goal: In accordance with 49 CFR Part 26, "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs," the AGENCY is required to establish an annual overall goal for the participation of DBEs in all contracts utilizing federal financial assistance. For the current fiscal year, the AGENCY has established a DBE participation goal of five percent (5%).
AGENCY'S annual overall goal represents the amount of ready, willing, and able DBEs that are identified as available to participate in contracting opportunities, and is reflective of the amount of DBE participation AGENCY would expect absent the effects of discrimination.
3. Contract Goals: AGENCY intends to meet its goal to the maximum extent feasible thr ough race- neutral measures, including the encouragement of DBE participation on contracts which have no specific DBE goal. Where race-neutral measures are inadequate to meet the annual overall goal, AGENCY will establish specific contract goals for particu lar projects with subcontracting opportunities.
There is no DBE project goal established for this project. At this time AGENCY will meet DBE goal on federally assisted projects through race neutral measures. AGENCY supports the use of race neutral measures to facilitate participation by DBEs and other small businesses, and encourages prime contractors to subcontract portions of their work that might otherwise perform with their own forces.
4. Good Faith Efforts: If a specific DBE participation goal is identi fied in the above Section 5.9.3, a proposer must demonstrate that it can meet this specified goal in the performance of this Contract in order for the proposal to be determined a responsive proposal. If a proposer cannot meet the specified goal, the propos er must demonstrate that it performed sufficient good faith efforts to meet the goal. A proposer who is not responsive shall be ineligible for award of contract.
RFP No. 24-7
48 Determination of Good Faith Efforts: If the amount of DBE participation does not meet the Contract-specific goal, the DBE Officer shall review the good faith effort report submitted by the proposer. The DBE Officer shall determine whether the proposer has performed the quality, quantity, and intensity of efforts that demonstrates a reasonably acti ve and aggressive attempt to meet the Contract-specific goal.
The kinds of effort that will be considered demonstrative of "Good Faith Efforts" include, but are not limited to, the following: Whether the CONTRACTOR solicited through all reasonable and available means (e.g., attendance at pre -proposal meetings, advertising and/or written notices) the interest of all certified DBEs who have the capability to perform the work; whether the CONTRACTOR solicited interest within sufficient time to allow the DBEs to respond and, if appropriate steps were taken, to follow -up with interested DBEs; whether the CONTRACTOR selected portions of work to be performed by DBEs and, where appropriate, broke -out contract work items into economically feasible units to facilitat e DBE participation even when the CONTRACTOR might otherwise prefer to perform these work items with its own forces; whether the CONTRACTOR negotiated in good faith with interested DBEs (evidence includes names, addresses, and phone numbers; description of information provided regarding plans and specifications; and evidence as to why additional agreements could not be reached); whether the CONTRACTOR made efforts to assist interested DBEs in obtaining necessary equipment, supplies, materials, or related as sistance or services; whether the CONTRACTOR made efforts to assist interested DBEs in obtaining bonding, lines of credit, or insurance; whether the CONTRACTOR effectively used the services of available minority/women community organizations, contractors' groups, or other organizations to provide assistance; and whether other proposers on the procurement met the DBE goal.
Proposer's Right to Administrative Reconsideration: In the event that the DBE Officer determines that the responsible proposer has not met the Contract-specific goal, and has not demonstrated good faith efforts, the DBE Officer will notify the proposer in writing. The notification shall explain the basis and include the reasons for the determination, and shall inform the proposer of its right to submit further written documentation or appear before the Reconsideration Official prior to the time that a recommendation for award of contract is presented to the City Council. (The Reconsideration Official is a CITY representative who did not tak e part in the original determination.) After reconsideration, AGENCY shall provide the proposer with a written decision.
The result of the reconsideration process is not appealable by the proposer.
In the event that the Reconsideration Official finds that the proposer has not met the Contract goal or demonstrated good faith efforts, AGENCY will deem said proposer not responsible and evaluate the proposer submitting the next proposal.
5. CONTRACTOR Compliance with AGENCY DBE Policy: It is the policy of AGENCY to ensure nondiscrimination in the award and administration of DOT-assisted contracts and to create a level playing field on which DBEs can compete fairly for contracts and subcontracts relating to AGENCY'S construction, procurement, and professiona l services activities. To this end, AGENCY has developed procedures to remove barriers to DBE participation in the proposal and award process and to assist DBEs to develop and compete successfully outside of the DBE program.
In connection with the perform ance of this Contract, the CONTRACTOR will cooperate with AGENCY in meeting these commitments and objectives.
RFP No. 24-7
49 6. Required Proposal/Proposal Submittals: The CONTRACTOR shall submit with its Proposal the name and address of each Sub -contractor it intends to emp loy, a description of the work which the Sub-contractor is to do, the dollar amount of each Sub -contractor contract, and such other information as may be required in order that AGENCY'S approval may be obtained as to reliability and ability to perform the work (Bidders List of Participating Firms).
In addition, proposer shall submit within five (5) days of proposal opening the names and addresses of all DBE firms that will participate in the Contract; a description of the work that each DBE will perform; the dollar amount of the participation of each DBE firm; written documentation of commitment to use DBE Subcontractors whose participation the CONTRACTOR submits to meet the Contract goal; and written confirmation from the DBE that it is participating in th e Contract as provided in the CONTRACTOR's commitment. (Statement of Disadvantaged Business Enterprise Participation)
AGENCY shall require that any DBEs listed by proposers for participation in the Contract be certified as eligible DBEs. AGENCY will accep t current certifications by the DOT and its agencies, the Small Business Administration, or other DOT federal financial assistance recipients, as appropriate. Within five (5) days of proposal opening, DBEs with current certification must attach a copy of t heir current Letter of Certification and a copy of their current Statement of Personal Net Worth.
AGENCY will require any firm listed, but not currently certified as a DBE, to submit the proper certification information within five (5) days of proposal op ening in order to be included in the proposer's DBE achievement.
7. CONTRACTOR Assurance: Pursuant to 49 CFR Part 26, the CONTRACTOR is required to make the following assurance in its agreement with AGENCY and to include this assurance in any agreements it makes with subcontractors in the performance of this Contract:
"The CONTRACTOR or Sub-contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. The CONTRACTOR shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the CONTRACTOR or Subcontractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy, as AGENCY deems appropriate."
8. Prompt Payment to Subcontractors: The CONTRACTOR must pay Subcontractors for satisfactory performance of their contracts no later than 15 days from the receipt of payment made to the CONTRACTOR by AGENCY. Prompt return of retainage payments from the CONTRACTOR to the Subcontractor will be made within 15 days after the Subcontractor's work is satisfactorily completed.
Any delay or postponement of payment among the parties may take place only for good cause and with AGENCY'S prior written approval. If the CONTRACTOR determines the work of the Subcontractor to be unsatisfactory, it must notify AGENCY'S DBE Officer immediately in writing and state the reasons. Failure by the CONTRACTOR to comply with this requi rement will be construed to be a breach of contract and subject to contract termination.
RFP No. 24-7
50 9. Reports of Payment to DBE Sub -contractors: The DBE Officer will monitor the amount actually paid by the CONTRACTOR to Subcontractors, and will require the CONTRACTOR t o provide monthly reports of payments to DBEs. A letter will be sent to the DBE Subcontractors to verify the dollar amount.
The amount awarded to the DBE, the amount paid to the DBE as stated by the CONTRACTOR, and the amount paid to the DBE as verified by the DBE, will be reported to the Federal Transit Administration (FTA).
10. Contract Change or Amendment: When a contract change or amendment is made, the CONTRACTOR will submit a statement to the DBE Officer regarding how the change may affect DBE subcontracting.
11. Reporting DBE Participation: The CONTRACTOR is required to report all DBE participation on their contract whether or not the contract contains a specified DBE goal. The CONTRACTOR is not to count participation of a DBE Subcontractor until the amount being counted has been paid to the DBE.
12. Counting DBE Participation toward the Contract Goal: Only the work actually performed by a DBE will be counted towards the DBE goal. The cost of supplies and materials obtained by the DBE or equipment leased (except from the CONTRACTOR or its affiliate) may also be counted.
Commercially Useful Function: Work that a DBE subcontracts to a non -DBE firm does not count toward DBE goals. Expenditures may only be counted if the DBE is performing a commercially useful function. A DBE should perform at least 30 percent of the total cost of its contract with its own work force. Decisions on commercially useful function are subject to review by the FTA, but are not administratively appealable to DOT.
If materials or supplie s are obtained from a DBE manufacturer, 100 percent of the cost will be counted. If the materials and supplies are purchased from a DBE regular dealer, 60 percent of the cost will be counted.
13. DBE Replacement: The CONTRACTOR must make a good faith effort t o replace a defaulting DBE Subcontractor with another certified DBE. The CONTRACTOR must immediately notify the DBE Officer of the DBE's inability to perform, and provide reasonable documentation. The CONTRACTOR must receive prior written approval on the s ubstitute DBE from AGENCY. The CONTRACTOR will provide copies of new or amended subcontracts and copies of the substitute DBE's current Letter of Certification and current Statement of Personal Net Worth.
If the CONTRACTOR proposes to replace a DBE Subcon tractor with a non -DBE, sufficient good faith efforts documentation must be provided. If the CONTRACTOR fails or refuses to comply in the time specified, AGENCY will issue an order stopping all, or part of, payment/work until satisfactory action has been taken. If the CONTRACTOR still fails to comply, AGENCY may issue a termination for default proceeding.
14. Evaluation of Proposals with DBE Goals: After the proposal opening, or submission of proposals, the DBE Officer shall evaluate all proposals with regard t o the DBE requirements to determine a recommendation for award of contract. The responsible proposer, who also meets the Contract- specific goal or demonstrates good faith efforts, shall be recommended for contract award. In the
RFP No. 24-7
51 event that the proposer does not meet the Contract -specific goal or demonstrate good faith efforts, the DBE Officer shall evaluate the next proposal.
1.10 Buy America
The Buy America requirement provides that federal funds may not be obligated for mass transportation projects unless steel, cement, and manufactured products used in such projects are produced in the United States. The requirement will not apply in the following four cases:
A. When its application is against the public interest (as decided by the FTA Administration on a case- by-case basis).
When the required materials and products are not produced in the U.S. in sufficient quantities and of satisfactory quality.
B. When, in the procurement of buses and other rolling stock, the cost of the components which are produced in th e U.S. is more than 60 percent of the cost of all components of the vehicle or equipment, and if the final assembly takes place in the U.S.
C. When the inclusion of domestic material will increase the over-all cost of the project Contract by more than 10 percent in the case of projects for the acquisition of buses and rolling stocks; and 25 percent in the case of all other projects.
The CONTRACTOR, who seeks to establish grounds for an exception, must seek the exception, in writing, to the Purchasing Manager at least fifteen (15) days prior to proposal opening.
When a petition for investigation has been filed with FTA before award, the AGENCY reserves the right to not make an award prior to the resolution of the investigation by FTA and when a request for investigation has been filed with FTA before the opening of proposals, the AGENCY reserves the right to not open proposals prior to the resolution of the investigation by FTA.
The CONTRACTOR and all Sub -contractor with contracts of $100,000 or more are requ ired to certify compliance or non-compliance with this provision by submitting the attached "Buy America Certificate", with the proposal.
1.11 Remedies/Sanctions for Breach of Contract
Pursuant to the Contract, the AGENCY may terminate the Contract if th e successful Proposer breaches the terms or violates the conditions of the Contract, and does not cure such breach or violation within the specified time period. The successful Proposer shall be liable for any and all costs incurred by AGENCY as a result of such default, including but not limited to re-procurement costs of the same or similar services defaulted by the successful Proposer under this Contract [49CFR 18.36(i)(2)1
1.12 Federal Prohibited Interest
No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Contract or to any benefit arising therefrom {FTA Grant Agreement, Part II, Sec. 114 (11)}.
1.13 Lobbying
CONTRACTORS who apply or bid for an award of $100,000 or more shall file the certification required by 49 C.F.R. Part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting
RFP No. 24-7
52 to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose th e name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient.
If the successful offeror, and/or primary Sub -contractor, did engage in lobbying activities, then OMB Standard Form LLL "Disclosure of Lobbying Activities" must also be completed and submitted to AGENCY.
Form is available upon request.
1.14 Clean Air Requirements
The CONTRACTOR agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. The CONTRACTOR agrees to report each violation to the AGENCY and understands and agrees that the AGENCY will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office.
The CONTRACTOR also agrees to include these requirements in each subcontract exceed ing $100,000 financed in whole or in part with Federal assistance provided by FTA.
1.15 Clean Water Requirements
The CONTRACTOR agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Ac t, as amended, 33 U.S.C. §§ 1251 et seq. The CONTRACTOR agrees to report each violation to the AGENCY and understands and agrees that the AGENCY will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office.
The CONTRACTOR also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA.
1.16 Cargo Preference
The CONTRACTOR agrees to the following clauses for the p urchase of equipment, materials or commodities that may be transported by ocean vessel in carrying out the project:
A. To use privately owned United States -Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United States -Flag commercial vessels.
B. To furnish within 20 working days following the date of loading for shipments originating within the United States, or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, "on-board" commercial ocean bill- of-lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590, and to AGENCY (through t he CONTRACTOR in the case of a Sub -contractor's bill-of- lading).
C. To include these requirements in all sub-contracts issued pursuant to this Contract.
RFP No. 24-7
53 1.17 Fly America Requirements
The CONTRACTOR agrees to comply with 49 U.S.C. § 40118 (the "Fly America" Act) in accordance with the General Services Administration's regulations at 41 CFR Part 301 -10, which provide that recipients and subrecipients of Federal funds and their contractors are required to use U.S. Flag air carriers for U.S Government-financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. The CONTRACTOR shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements. The CONTRACTOR agrees to include the requirements of this section in all subcontracts that may involve international air transportation.
1.18 State Labor Provisions/ Labor Compliance/ Contract Work Hours and Safety Standards Act
1. Prevailing Wage Rates: Attention is directed to the requirement that no less than the Prevailing Wage Rates shall be paid on this project. Certified Payrolls on AGENCY-approved State forms are required for all workmen. Rates of pay will be current State of California, as shown in the "General Prevailing Wage Rate" Manual as determined by the State Director of Industrial Relations.
CONTRACTOR agrees to abide by the provisions of the State Labor Code, and to comply with the prevailing rates of wages and apprenticeship employment standards established by the State Director of Industrial Relations. FTA Grant Agreements, part II, section 119 (a).
Pursuant to the provisions of Section 1770 of the California Labor Code of the State of California, not less than the general prevailing rate of wages (which rate includes employer payments for health and welfare, vacation, pension and similar purposes) applicable to the work to be done, shall be maintained at all times during the course of the Contract. These rates are made a part of this Contract by reference. The CONTRACTOR shall comply with Section 177.5 of the Labor Code of State of California for all apprentice-able occupations.
2. Labor Compliance. It is the policy of AGENCY that all CONTRACTORS and Sub- contractors engaged in public works construction shall adhere to applicable laws and regulations. In accordance with this policy, for the duration of this Contract, AGENCY shall institute a labor compliance program to monitor compliance. The .CON TRACTOR shall cooperate fully with Labor Compliance monitoring efforts and the representatives engaged in this effort.
Because this project is subject to the provisions of State and Federal law governing public works contracts, all pertinent statutes and regulations are hereby incorporated by reference into this document as if set forth in their entirety, including Copeland Anti -Kickback Act requirements of 29 CFR part 3, Davis-Bacon and Related Act requirements of 29 CFR parts 1, 3, and 5, and Contract Work Hours and Safety Standards Act requirements of Section 107, 40 U.S.C. § 333 and 29 CFR part 1926. CONTRACTORS and Sub-contractors by entering into, or performing work under, this project agree to comply with all provisions of the law that apply to publ ic works. It is the responsibility of the CONTRACTOR to obtain and adhere to the latest edition of the statutes and regulations including, but not limited to, the following:
A. Apprentices - All apprentices employed on this project shall be bona fide apprent ices registered with the State of California, Division of Apprenticeship Standards.
RFP No. 24-7
54 B. Certified Payroll - All CONTRACTORS shall submit weekly certified payroll records for all laborers and mechanics furnishing labor to the project not later than ten calendar days after the closed payroll period.
C. Payment Of The Prevailing Wage - The CONTRACTOR and all Sub-contractors under him shall pay not less than the specified prevailing wage rate to all workmen employed in the execution of the contract.
D. Working Hours - The CONTRACTOR shall pay workers employed on the Contract not less than the appropriately specified straight time and overtime prevailing wages for all hours worked.
E. Employee Interviews - AGENCY, through its representatives, will conduct weekly on-site interviews of workers employed on the Contract. The interviews shall be conducted without the interference or obstruction of the CONTRACTOR. No worker who is interviewed is to be threatened, coerced, or intimidated.
Violations: AGENCY will take cognizance o f violations of the prevailing wage and public works laws committed during the course of this Contract. Such evidence of violation may result in the assessment of penalties and forfeitures to the fullest extent allowed by law until compliance has been stri ctly effectuated. AGENCY may suspend or terminate a contract, or debar a CONTRACTOR from future contracts, for breach of the Labor Compliance Requirements.
4 Contract Work Hours and Safety Standards Act
A. Overtime requirements - No CONTRACTOR or subcontracto r contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
B. Violation; liability for unpaid wages; liquidated damages - In the event of any violation of the clause set forth in subparagraph (b) (1) of 29 CFR Section 5.5, the CONTRACTOR and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such CONTRACTOR and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (b) (1) of 29 CFR Section 5.5 in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in subpa ragraph (b) (1) of 29 CFR Section
5.5. C. Withholding for unpaid wages and liquidated damages — AGENCY shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any mon eys payable on account of work performed by the CONTRACTOR or subcontractor under any such contract or any other Federal contract with the same prime CONTRACTOR, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime CONTRACTOR, such sums as
RFP No. 24-7
55 may be determined to be necessary to satisfy any liabilities of such CONTRACTOR or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (b) (2) of 29 CFR Section 5.5.
D. Subcontracts - The CONTRACTOR or subcontractor shall insert in any subcontracts the clauses set forth in this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime CONTRACTOR shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this section.
E. Payrolls and basic records - (i) Payrolls and basic records relating thereto shall be maintained by the CONTR ACTOR during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fidefringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the CONTRACTOR shall maintain records which show th at the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipate d or the actual cost incurred in providing such benefits. CONTRACTORS employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.
1.19 Seismic Safety
The CONTRACTOR agrees that any new building or addition to an existing building will be designed and constructed in accordance with the standards for Seismic Safety required in Department of Transportation Seismic Safety Regulations 49 CFR Part 41 and will certify to compliance to the extent required by the regulation. The CONTRACTOR also agrees to ensure that all work performed under this Contract including work performed by a subcontractor is in compliance with the standards required by the Seismic Safety Regulations and the certification of compliance issued on the project.
1.20 Safety and Health Regulation
The CONTRACTOR agrees to comply with Section 107 of the Contract Work Hours and Safety Standards Act, 40 U.S.C. § 333, and applicable U.S. Department of Labor regulations, "Safety and Health Regulations for Construction" 29 C.F.R. Part 1926. Among other things, the CONTRACTOR agrees that it will not require any laborer or mechanic to work in unsanitary, hazardous, or dangerous surroundings or working conditions. The CONTRACTOR also agrees to include the requirements of this section in each subcontract.
1.21 Federal Energy Conservation Requirements
The CONTRACTOR agrees to comply with mandatory standards and policies relating to energy efficiency that are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.
RFP No. 24-7
56 1.22 Recycled Products
The CONTRACTOR agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. § 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247.
The CONTRACTOR also agrees to include these requirements in each sub-contract.
5.23 Access Requirements for Individuals with Disabilities The Prime CONTRACTOR and all Sub-contractors on this project are required to comply with all applicable requirements of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §§ 12101 et seq.; section 504 of the Rehabilitation Act of 1973, as amended, 29 U. S.C. § 794; section 16 of the Federal Transit Act, as amended, 49 U.S.C.A. § 1612; and the following regulations and any amendments thereto:
A. U.S. DOT regulations, "Transportation Services for Individuals with Disabilities (ADA)," 49 C.F.R.
Part 37;
B. U.S. D OT regulations, "Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance," 49 C.F.R. Part 27; C. U.S. DOT regulations, "Americans with Disabilities (ADA) Accessibility Specifications for Transportation Vehicles," 49 C.F.R. Part 38;
D. Department of Justice (DOJ) regulations, "Nondiscrimination on the Basis of Disability in State and Local Government Services," 28 C.F.R. Part 35;
E. DOJ regulations, "Nondiscrimination on the Basis of Disability b y Public Accommodations and in Commercial Facilities," 28 C.F.R. Part 36;
F. General Services Administration regulations, "Accommodations for the Physically Handicapped," 41 C.F.R. Subpart 101-19.
G. Equal Employment Opportunity Commission, "Regulations to Imple ment the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630; H. Federal Communications Commission regulations, "Telecommunications Relay Services and Related Customer Premises Equipment for the Hearing and Speech Disabled ," 47 C.F.R. Part 64, Subpart F; and
I. FTA regulations, "Transportation for Elderly and Handicapped Persons," 49 C.F.R. Part 609.
1.24 Privacy Act
The CONTRACTOR agrees to comply with, and assures the compliance of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. § 552a.
The CONTRACTOR also agrees to include these requirements in each sub-contract.
1.25 Prohibited Interest
No Council member, officer, or employee of the AGENCY or o f a local Public Body during his/her tenure or for one year thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof. If any such interest comes to the knowledge of any party at any time, a full and complete disclosure of all such information will be made in writing to the other parties, even if such interest would not be considered a conflict of interest under Article 4 of Chapter 1 of Division 4 of Title 1 (Sections 1090- 1097) of the Government code of the State of California.
5.26 Drug-Free Workplace
The CONTRACTOR, and all Sub-contractors, must certify that they have a drug-free workplace and comply with Government Code Section 8355 (Certification of Drug-Free Workplace).
Prepared by:
PROPOSAL FOR
BUS STOP IMPROVEMENT
PROJECT (BSIP)
Consulting Services
PRE PARED FOR
RFP NO. 24-7
ATTACHMENT C
Prepared by:
PROPOSAL FOR
BUS STOP IMPROVEMENT PROJECT (BSIP)
Consulting Services
City of Montebello TTTF96006.2023
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TABLE OF CONTENTS
Letter of Transmittal .....................................................................................................ii Proposal Submission Checklist ...................................................................................ix
1. Project Management Plan ....................................................................................... 1
2. Proposed Project Team ...........................................................................................3
3. Qualifications and Experience ................................................................................21
4. Technical Approach ...............................................................................................25
5. Exceptions ............................................................................................................33 Appendix .................................................................................................................A-1 • Indemnification and Hold Harmless Agreement and Waiver of Subrogation and Contribution (Exhibit A)
• References (Exhibit B)
• Sample Certificate of Insurance (in response to Exhibit C) • Cost Proposal Sheet (Exhibit D) – This form has been uploaded separately in the Cost Proposal section of the PlanetBids e-Procurement Portal • Disadvantaged Business Enterprise Participation (Exhibit E) • Bidder’s List of Subcontractors (Exhibit F)
Prepared by:
PROPOSAL FOR
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Consulting Services
RFP No. 24-7
33 SECTION 6 - FORMS AND CERTIFICATIONS
LETTER OF TRANSMITTAL
CITY OF MONTEBELLO
Transportation Department
SUBJECT: REQUEST FOR PROPOSAL (RFP) NO. 24-7
BUS STOP IMPROVEMENT PROJECT (BSIP) CONSULTING SERVICES In response to the subject Request for Proposal (RFP) and in accordance with the accompanying Instructions to Proposers, the Proposer hereby commits to the City of Montebello to perform the work in accordance with the provisions in the Proposal Level Contract Documents and any addenda thereto a nd at the prices stated in the Revenue Price Sheet, which will be included and made a part of any subsequent Contract.
The Proposer agrees that the Proposal constitutes a firm offer that cannot be withdrawn for ninety (90) calendar days from the Proposal opening or until the Contract for the work is fully executed between the City and a third party, whichever is earlier.
If awarded a contract, the Proposer agrees to execute the Agreement and deliver it to the City of Montebello within seven (7) calendar days after receiving a Letter of Award together with the necessary certificates of insurance and any applicable performance or payment bonds. The Contractor shall proceed with the work upon receipt of a Notice to Proceed.
The Proposer certifies that it has:
1. Examined and is fully familiar with all the provisions of the RFP Documents and any addenda thereto:
2. Satisfied itself as to the requirements of the Contract, the nature and location of the work, the general and local conditions to be encountered in performance of the work, and all other matters that can in any way affect the Work and/or the cost thereof.
3. Examined the experience, skill and certification requirements in Scope of Services and that the entities performing the work can fulfill the specified requirements; and
4. Carefully reviewed the accuracy of all statements and figures shown in the Proposal and attachment hereto.
Therefore, the undersigned hereby agrees that the City of Montebello will not be responsible for any errors or omissions in the Proposal.
The Proposer further certifies that:
1. The only persons, firms, corporations, joint ventures/partnerships, and/or other parties interested in the Proposal as principals are those listed as such in the Proposal Forms and that,
2. The Proposal has been prepared without collusion with any other person, firm, corporation, joint venture/partnership, and/or other party.
City of Montebello TTTF96006.2023
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Letter of Transmittal
Prepared by:
PROPOSAL FOR
BUS STOP IMPROVEMENT PROJECT (BSIP)
Consulting Services
RFP No. 24-7
34 The undersigned acknowledges receipt, understanding and full consideration of the following addenda to the Proposal Documents:
Addenda No(s)
Dated Dated
Dated Dated
Dated Dated
Failure to acknowledge receipt of all addenda may cause the Proposal to be considered non -responsive to the solicitation. Acknowledged receipt of each addendum must be clearly established and included with the Proposal /offer.
Proposer’s Name
Business Address
Contact Person
Email Address
Phone
Fax
Signature of Authorized Official Signature of Authorized Official Typed or Printed Name Typed or Printed Name
Title Title
Date Date
660 S. Figueroa St., Suite. 2050 Los Angeles, CA 90017
Gregory S. Kyle, AICP
Kimley-Horn and Associates, Inc.
[email protected]
N/A
213.261.4040
Gregory S. Kyle, AICP
Senior Vice President
12/21/2023
12/07/2023
1 Jean B. Fares, P.E.
Senior Vice President
12/21/2023
City of Montebello TTTF96006.2023
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Prepared by:
PROPOSAL FOR
BUS STOP IMPROVEMENT PROJECT (BSIP)
Consulting Services
RFP No. 24-7
35 (Joint ventures/partnerships are to provide a signed copy of their agreement with their Proposal.) For Proposals requiring licenses the following information is required:
Contractor’s License No.
Expiration Date:
License Classification:
N/A
N/A
City of Montebello TTTF96006.2023
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Prepared by:
PROPOSAL FOR
BUS STOP IMPROVEMENT PROJECT (BSIP)
Consulting Services
Certificate of Secretary
To Whom It May Concern:
I am the duly qualified and acting Secretary of Kimley-Horn and Associates, Inc., a North Carolina Corporation.
The following is a true copy of a resolution duly adopted by the Board of Directors of the corporation at the Board meeting held on December 15, 2022 and entered in the minutes of such meeting in the minute book of the corporation.
"The Board unanimously approved the contract signing authority of employees as presented." (Copies of the employee lists as presented are enclosed.) The resolution is in conformity with the articles of incorporation and bylaws of the corporation, has never been modified or repealed, and is now in full force and effect.
Dated: January 5, 2023
�� Richard N. Cook, Secretary
( corporate seal)
City of Montebello TTTF96006.2023
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Prepared by:
PROPOSAL FOR
BUS STOP IMPROVEMENT PROJECT (BSIP)
Consulting Services
Please see the following list of KH Principal Officers and Directors. This list has been updated as of May 1, 2023.
PRINCIPAL OFFICERS:
Names/Titles Business Address
Barry L. Barber, Chairman 421 Fayetteville Street, Suite 600, Raleigh, NC 27601
Steven E. Lefton, CEO, President 11400 Commerce Park Drive, Suite 400, Reston, VA 20191
Richard N. Cook,
Senior Vice President, Secretary
421 Fayetteville Street, Suite 600, Raleigh, NC
27601
Tammy L. Flanagan,
CFO, Senior Vice President
421 Fayetteville Street, Suite 600, Raleigh, NC
27601
David L. McEntee, Vice President, Treasurer,
Assistant Secretary
421 Fayetteville Street, Suite 600, Raleigh, NC
27601
DIRECTORS:
Names/Titles Business Address
Barry L. Barber, Chairman 421 Fayetteville Street, Suite 600, Raleigh, NC 27601
Stephen W. Blakley, Jr., Senior Vice President 200 South Tryon Street, Suite 200, Charlotte, NC 28202
Scott W. Colvin, Senior Vice President 4582 South Ulster Street, Suite 1500, Denver, CO 80237
William E. Dvorak, Jr., Senior Vice President 111 West Jackson Boulevard, Suite 1320, Chicago, IL 60604
Tammy L. Flanagan, Senior Vice President 421 Fayetteville Street, Suite 600, Raleigh, NC 27601
Ashley M. Frysinger, Senior Vice President 11700 Katy Freeway, Suite 800, Houston, TX 77079
Brian A. Good, Senior Vice President 445 24th Street, Vero Beach, FL 32960 Jennifer L. Harry, Senior Vice President 401 B Street, Suite 600, San Diego, CA 92101 Joseph D. Kaltsas, Senior Vice President 401 B. Street, Suite 600, San Diego, CA 92101 Steven E. Lefton, CEO, President 11400 Commerce Park Drive, Suite 400, Reston, VA 20191
Brent H. Mutti, Senior Vice President 1001 West Southern Avenue, Suite 131, Mesa, AZ 85210
Aaron W. Nathan, Senior Vice President 13455 Noel Road, Suite 700, Dallas, TX 75240 Kevin M. Schanen, Senior Vice President 1920 Wekiva Way, Suite 200, West Palm Beach, FL 33411
Kimley-Horn and Associates, Inc. is wholly owned by Associates Group Services, Inc., which is wholly owned by APHC, Inc., which is owned by over 700 Kimley-Horn employees, none of which own 2% or more of the outstanding shares.
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Secretary of State
Certificate of Status
I, SHIRLEY N. WEBER, PH.D., California Secretary of State, hereby certify:
Entity Name: KIMLEY-HORN AND ASSOCIATES, INC.
Entity No.: 1616788
Registration Date: 06/09/1988
Entity Type: Stock Corporation - Out of State - Stock
Formed In: NORTH CAROLINA
Status: Active
The above referenced entity is active on the Secretary of State's records and is qualified to transact intrastate business in California.
This certificate relates to the status of the entity on the Secretary of State’s records as of the date of this certificate and does not reflect documents that are pending review or other events that may impact status.
No information is available from this office regarding the financial condition, status of licenses, if any, business activities or practices of the entity.
IN WITNESS WHEREOF, I execute this certificate and affix the Great Seal of the State of California this day of
January 13, 2023.
SHIRLEY N. WEBER, PH.D.
Secretary of State
Certificate No.:
To verify the issuance of this Certificate, use the Certificate No. above with the Secretary of State Certification Verification Search available at bbiizzfileOnline.sos.ca.gov. 073455426
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Proposal Submission Checklist
RFP No. 24-7
7 PROPOSAL SUBMISSION CHECKLIST
This checklist must be completed and returned with the Proposal. Failure to return this checklist may be cause for considering the Proposal non-responsive.
Description Section/
Page
Proposer shall
initial here
1 Proposal Page # 8
2 Letter of Transmittal Page # 33
3 Licensing, Permits, Certificates, and Taxes Page # 11 4 Indemnification and Hold Harmless Agreement and Waiver of Subrogation and Contribution
Exhibit A
5 References Exhibit B
6 Insurance Exhibit C
7 Cost Proposal Sheet Exhibit D
8 Disadvantaged Business Enterprise Participation Exhibit E 9 Bidder’s List of Subcontractor (DBE and Non-DBE) Exhibit F 10 Federal Requirements Exhibit G
OPTIONAL ITEMS
11 Requests for exceptions or deviations. Page # 8
Company Name:
Name of Proposer initialing document (print):
The email address of Company Contact:
Signature:
Title:
Date:
Kimley-Horn and Associates, Inc.
Gregory S. Kyle, AICP
[email protected]
Senior Vice President
12/21/2023
GK
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1. Project Management Plan
Project Understanding
Montebello is part of a diverse collection of communities in the Gateway Cities region of Los Angeles County, with a population of just over 60,000 residents. The City also houses the third largest municipal transit agency in Los Angeles County in Montebello Bus Lines (MBL), which serves a multitude of communities outside of the City of Montebello. With nearly 3 million riders a year on its buses, the state of bus stop infrastructure plays an important part of the success of the bus system. Kimley-Horn, along with our subconsultant Precision Materials Management (PMM), understands the critical role that bus stop infrastructure has on ridership, safety, accessibility, and public perception. We also understand the importance of delivering an inventory and assessment that will provide viable solutions to improving bus stop infrastructure across the MBL system for the future.
The City of Montebello and MBL provide fixed-route transit on eight routes with a fleet of 66 buses and 950 total bus stops within and outside the jurisdiction of the city. The MBL FY23-25 Short Range Transit Plan considers bus stop improvements to be a priority when discussing future capital asset projects. Over time bus stop infrastructure can begin to develop wear and tear from the natural and built environment as well as human elements as passengers ride the bus. The goal of “meeting and exceeding customer expectations by providing safe, clean, and reliable service” also stated in the Short-Range Transit Plan directly applies to the improvement of bus stops to promote a quality experience for all before and after boarding MBL transit buses.
The primary objective of this project is to enhance the efficiency, safety, and overall quality of the existing bus stop infrastructure within the city. The project aims to identify, assess, and address key challenges faced by riders while utilizing MBL services through analysis of the existing conditions. The project team understands that by systematically evaluating each bus stop, the improvement of these stops through design and amenity recommendations will contribute to a more sustainable and user-friendly public transit system.
Goals
As MBL enters the project development stage, it will be critical to deliver a thorough data collection and inventory process to survey existing conditions at all bus stops. Kimley-Horn has developed a focused and methodical process to identify the current conditions of bus stops within the system, giving the City and MBL the ability to prioritize locations with the greatest need for improvement.
Team member PMM will identify and document key physical conditions in and immediately surrounding all bus stops through digital photos from multiple perspectives. PMM will utilize its proprietary EZTRAK software to facilitate the data collection process and will make this dashboard available to the City for up to one year following the close of the project. PMM’s previous experience providing bus stop inventory services has allowed them to streamline the process for collecting data. Their EZTRAK software allows users to see data uploaded to their interface in real-time for a more hands-on experience for the client.
EZTRAK Customer Dashboard (Interactive Map)
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These surveying efforts will pay particular attention to any visual indications of physical wear and tear, lack of ADA accessibility, most utilized bus stops and foot traffic, and regulation compliance at all levels of government. In conjunction with this, Title VI compliance in Task 3 of the scope of services is also an important requirement of this project. The Kimley-Horn team will fulfill this requirement through analysis by identifying data via Replica, CalEnviroScreen, and Justice40. Data from these sources will be used to determine "areas of needed improvement.” Selection criteria of for these areas will consider but are not limited to the following:
• Transit ridership
• Transit dependency
• Modal split
• Household Income
• Racial demographics
• Language spoken
These determined locations for improvement will be cross-referenced with the locations of the specific bus stops needing improvements gathered from the inventory. This will allow the project team to classify the bus stops and create a prioritization list for improvements needed by location and condition. Kimley-Horn will also work with the City to aggregate survey information into an index, with priority given to key selected criteria through discussions with the City and MBL. PMM's previous experience with bus stop infrastructure projects in the region and Kimley-Horn's experience with creating detailed transit technical reports will put the full project team in a position to be successful accomplishing this goal.
Setting a standard for amenity and design recommendations is crucial to the implementation and construction of bus stop improvements. The Kimley-Horn team will rely on our technical analysis skills through combining data collected during inventory, understanding of the community's needs, design and amenity standards from other cities, available public data, and in-house data from MBL to produce viable recommendations. Our recommendations could include a range of potential improvements, such as:
• Wayfinding and Legibility: wayfinding signage, placemaking and branding opportunities • Safety and Comfort: shade structures, improved lighting conditions including solar-powered signage, materials that promote visibility, emergency call capabilities, seating that is provided for a variety of users, and ADA compliance • Convenience and Communication: real-time bus arrival information, accessibility for those who are hearing and sight impaired, trash receptacles, touch-screen information for wayfinding and important announcements, and bays for pick-up/drop-off of MBL passengers • First-Last Mile Improvements: traffic calming devices such as continental crosswalks, refuge islands, curb ramps, bicycle storage facilities, bicycle fix-it stations, and other physical improvements to promote pedestrian and cyclist safety and convenience • Bus Operations: off-board fare collection, elevated bus platforms for level-boarding, peak-hour dedicated bus lanes or fully dedicated arterial BRT lanes, traditional bus shelters, kiosks, or other stop improvements The findings will be summarized as part of technical memos and report assessments clearly identify deficiencies in current infrastructure and propose recommendations for critical improvement projects that are cost-effective, beneficial for the community, and consistent with industry standards and specifications. These deliverables will be produced using Kimley-Horn’s proven QC/QA framework to deliver a high quality project for MBL. Our approach to quality control is outlined in Section 4.
We understand that MBL, like other transit agencies, has limited funds for ongoing improvement projects and we recognize the need to be judicious with the funding needed for improvement projects that are ultimately recommended. To that end, our implementation plan will include rough-order-of-magnitude (ROM) cost estimates, a list of funding opportunities for prioritized projects, procurement methods for future contractors, a schedule, and responsibility matrix. The goal is to establish a clear understanding of cost vs. benefit and prioritize improvements that will help maximize the value of investments for MBL and its customers.
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2. Proposed Project Team
Team Introductions
Kimley-Horn has put together a specialized and streamlined consultant team to support the City of Montebello for this project. Our team includes one subconsultant, Precision Material Management, to provide inventory management software and related services. Company overviews are provided below.
Kimley-Horn
Kimley-Horn is a full-service engineering and planning firm specializing in transportation planning and design projects in California and throughout the country. We are a local firm with more than 500 Southern California staff in our Downtown Los Angeles, Long Beach, Orange, Riverside, Coachella Valley, and San Diego offices supported by a national staff of over 7,500 professionals across 125 offices. The firm was founded in 1967 and established its first Southern California office over 31 years ago.
Kimley-Horn has provided planning and design services for bus stop shelters and turnouts facilities for projects throughout California. Our experience includes preparing funding applications for bus shelters, planning for future bus stops, bus stop relocations, and designing bus turnouts and custom bus shelters that have included ADA compliance, architectural treatments, artwork, information kiosks, wayfinding, lighting, video security surveillance systems, and communications systems. We have converted existing bus stops into “Rapid” style bus stops with new solar-powered shelters with LED lighting and electronic next-bus signs, benches, bike racks, and new Rapid-style signage.
Our firm is a leader in multidisciplinary transportation services. We have a robust planning practice that focuses on improving multimodal infrastructure, including improving access and connections to transit stops. Recent project experience in this field includes performing a Bus Stop Analysis for the Virginia Department of Rail and Public Transportation (DRPT) that included assessments of bus stops throughout the state of Virginia. The Kimley-Horn team customized a condition assessment software application as part of this project known as KHAMS | Bus Stop to accommodate the features of a bus stop and allow for desktop review of locations. Other recent experience involving bus stop assessments includes projects with the City of Richmond, VA; Susquehanna Regional Transit Authority (SRTA); City of Rochester, MN; and City of Oklahoma City. Additionally, we assisted the Marin County Transit District with the development of an overall bus stop facility improvement program including the planning, design, and engineering for bus stop capital improvements funded by a Federal Transit Administration (FTA) State of Good Repair grant. For the Imperial County Transportation Commission, we created an inventory of bus stop locations and amenities in the County and developed an accessible database in which to store this information. Our comprehensive experience also includes updating the Bus Stop Safety and Design Guidelines for the Orange County Transportation Authority.
In planning transit stops and active transportation connections, we take into consideration sufficient lighting and visibility considerations, appropriate bench/seating infrastructure, security cameras for stations and parking areas, permeable fencing and landscaping, durable and secured furnishings, and other items. We have provided safety and security guidance for transit projects of all shapes and sizes, from small local bus routes to bus rapid transit systems and major rail lines in Southern California.
Sacramento
Oakland Pleasanton
San Jose
Capitola
Los Angeles
Orange
Coachella
Valley
San Diego
Riverside
San Mateo
Long Beach
Kimley-Horn California Office Locations
56YEARS
125OFFICES
7,500+
EMPLOYEES
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Precision Material Management (DBE Certified)
Precision Material Management (PMM) establishes the benchmark in cutting-edge software and supply chain innovation. Their core competencies lie in field data collection, inventory management, and technical solutions crafted to address the complex challenges of an evolving transportation network. PMM distinguishes itself through a trifecta of strengths: visionary leadership, a seasoned and proficient team, and robust capabilities in custom software development. Their areas of expertise include:
 Bus Stop Inventory & Software
PMM serves multiple transit agencies and has established a seasoned pool of field surveyors with an expertise level of conducting bus stop inventories. In addition to field services, PMM has developed a proprietary bus stop inventory software, EZTRAK. EZTRAK empowers clients with real-time inventory along with the ability to establish replacement intervals, track expenses, and oversee maintenance schedules. EZTRAK equips customers with the immediate insight needed to make informed business decisions.
 ADA Compliance
PMM surveyors undergo rigorous training conducted by Certified Access Specialists (CAsp). This specialized training ensures that their team possesses the expertise needed to conduct bus stop-specific ADA evaluations, thoroughly assessing compliance based on ADA-ABA Guidelines, Section 810.2.
 GIS Mapping
PMM’s field surveyors work online from tablets which populate an interactive map that can be accessed 24/7 to view live results, replacing the need for an ARCGIS account. EZTRAK boasts a powerful API for 3rd party integration and their team is highly experienced at collecting data points, developing interactive maps, and providing shapefiles, images, and raw data.
Project Team Composition
Kimley-Horn has assembled a team of talented individuals who have extensive experience with transit station area planning and analysis, safety analysis, and active transportation modes. Our organization chart on the following page details our streamlined team to support the City with this effort. Resumes for our key personnel follow the organization chart.
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Organization Chart
Subconsultant:
1. Precision Material Management
Bold = Task Lead
Note: See resumes for state(s) of professional registration.
Senior Advisor
Paul Elman, P .E.
QC/QA Manager
Adam Maleitzke, AICP
Project Manager
John Jackson
Principal-in-Charge
Greg Kyle, AICP
Bus Stop Assessment for
Bus Stop Improvement Project
Alexander (Zander) Dally, AICP
Joey Tosta1
Jason Johnson1
Matt Gibson, P .E.
Amenity Recommendations
Darryl dePencier, AICP , GISP , RSP2B
Adam Maleitzke, AICP
Matt Gibson, P .E.
Plan and Design of
Development Phase/RFP Creation
Matt Gibson, P .E.
Yiota Georgalis, P .E.
Martin Phung, EIT
Design Recommendations
Adam Maleitzke, AICP
Matt Gibson, P .E.
John Jackson
Quincy Miller, AICP
Matt Stewart, P .E.
Yiota Georgalis, P .E.
Kevin Aguigui, E.E., P .E, T.E., CSEP
Bus Shelter Inventory
Joey Tosta1
Jason Johnson1
John Jackson
Tyler Lindberg, AICP
TASK 1 TASK 2 TASK 3 TASK 4 TASK 5
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Professional Credentials
• Master of Community and Regional
Planning, University of Oregon
• Bachelor of Arts, Geography,
University of Nebraska-Lincoln
• American Planning
Association, Member
• Conference of Minority
Transportation Officials, Member
John is an accomplished and service-focused urban planner and program/project manager with more than seven years of experience in urban planning, transportation planning, public policy, clean transportation, and climate change policy in the public, private, and non-profit sectors. John has worked on and managed a variety of projects and programs with multiple public sector clients from all around the country during his career.
Relevant Experience
• Virginia Department of Rail and Public Transportation (DPRT), Modernizing Transit Fleets: A Guide to Low- and Zero-Emissions Buses, Richmond, VA – Project Manager. The Virginia Transit Equity and Modernization Study outlined critical action steps for transit modernization across the Commonwealth, including transit fleet electrification and the implementation of emerging technologies in public transit. Under an on-call contract, Kimley-Horn leads a team of subject matter specialists to build on this work and develop a resource guide for Virginia's transit agencies that wish to transition their fleets to low- and zero- emission vehicles. Our responsibilities include: Exploring fleet transition best practices and lessons learned from industry partners and external stakeholders in Virginia and nationwide; developing financing tools for DRPT and Virginia's transit agencies to take advantage of available federal funding; recommending changes to DRPT's programs and technical guidance for capital and technical assistance programs; and building a framework for making Virginia's public transportation workforce competitive and prosperous in a rapidly changing economy. The final deliverable will be a toolkit that provides a template and technical guidance for fleet and facility transition planning while also assisting agencies in taking advantage of existing and new federal funding. • Caltrain, Corridor Crossing Strategy (CCS) 4-Track Approach, San Jose, CA – Transit Planner. The Caltrain corridor includes 43 at-grade crossings (41 at-grade vehicular and two at-grade pedestrian) between San Francisco and San Jose, with an additional 28 at-grade crossings on the Union Pacific Railroad (UPRR)-owned corridor between the Tamien and Gilroy stations. The Caltrain Corridor Crossings Strategy (CCS) has been discussed as an agency priority since 2019, when it was first identified within the Caltrain Business Plan Process. This strategy was first funded in 2019 but was delayed due to the COVID-19 pandemic. Grade separations and closures can enhance corridor safety, facilitate rail operations, and address circulation challenges in local jurisdictions. As Caltrain and other operators plan to increase rail services, Caltrain understands that a coordinated approach to grade separations or closures is needed to unlock regional mobility and safety benefits. The Caltrain Business Plan acknowledges that grade separation projects are costly, complex and challenging. The CCS is intended to identify areas for enhancement in the current process and develop a potential strategic approach to deliver corridor-wide consensus on delivery of grade separation projects.
• Metro Transit, C-Line Electric Bus Deployment Project, Minneapolis, MN* – Project Manager. This project studied the pilot deployment of 60-foot battery electric buses (BEBs) on the C-Line BRT route running from Minneapolis to the nearby suburb of Brooklyn Center. This study involved data collection on 60-foot New Flyer XE60 buses with focuses on vehicle efficiency, state of charge, charging schedule and frequency, and vehicle maintenance. • Southern California Association of Governments (SCAG), SCAG LA and San Bernardino Inter-County Transit and Rail Connectivity Study, Los Angeles, CA* – Transportation Planner. This study focused on rail and transit planning along the eastern San Gabriel Valley corridor connecting Eastern Los Angeles County and Western San Bernardino County. The study measured the potential for rail and transit growth and factors in stops at points of interests in the region. This includes cost effectiveness and benefits for the community and local and regional economy. Various alternatives of multiple modes including BRT, commuter rail, light-rail, and hybrid rail were considered as a part of this study. These alternatives included coordination with multiple agencies such as LA Metro, Foothill Transit, and Metrolink. *Prior to Kimley-Horn
John Jackson
Project Manager; Bus Shelter Inventory;
Design Recommendations
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Professional Credentials
• Master of Science, Urban Planning,
Florida State University
• Master of Business Administration,
Business Administration, Florida
Atlantic University
• Bachelor of Science, Political
Science, Florida State University
• American Institute of Certified
Planners, #013000
• American Planning
Association, Member
• Conference of Minority
Transportation Officials, Member
• WTS-Los Angeles, Member
Greg has 30 years of multifaceted transportation and transit planning experience working on a range of projects, including transit alternatives analyses (AA); NEPA and CEQA compliance; transit-oriented development; project development for transit projects through FTA’s Capital Investment Grant program; transit station area master planning and transit station site location analyses; and transit station design and implementation. He has significant experience preparing environmental documentation for transit projects and helping guide projects to achieve environmental approval. Greg has led the development of bus rapid transit (BRT), streetcar, and commuter rail projects through alternatives analysis and NEPA documentation with FTA as the lead federal agency. His national transit experience includes projects in California, Florida, Washington, Hawaii and Oklahoma.
Relevant Experience
• LA Metro, North Hollywood to Pasadena BRT Planning and Environmental Study, Los Angeles to Glendale, CA – Deputy Project Manager and Planning Task Lead. Kimley-Horn is the prime consultant for a 19-mile BRT project connecting the San Fernando Valley with the San Gabriel Valley that encompasses the North Hollywood and Eagle Rock districts of Los Angeles along with the Cities of Burbank, Glendale, and Pasadena. The effort has led the project through alternatives analysis and CEQA environmental approval and is currently advancing preliminary engineering with the route including a combination of street-running and freeway-based alignments. The project will connect the Metro North Hollywood B Line (heavy rail) and G Line (BRT) Station with the A Line (light rail) in Pasadena. The project is emphasizing Metro’s emerging Transit Oriented Communities (TOC), First-Last Mile, and Sustainability initiatives with over 20 station options selected based on a wide range of metrics. The Kimley-Horn team is responsible for development of all technical products including planning studies, conceptual engineering, environmental, and Preliminary Engineering leading up to an alternative project delivery method implementation. • LA Metro, Wilshire BRT Before and After Study, Los Angeles, CA – Project Planner, Quality Control/Quality Assurance.
Kimley-Horn completed a detailed Before and After Study of the Wilshire BRT project on behalf of LA Metro. The purpose of the project was to evaluate the effectiveness of the bus lanes and document the effect of the dedicated peak period bus lanes on performance, customer experience, ridership, person throughput, and general-purpose traffic. Our team provided data analysis, traffic engineering, and bus operations knowledge and capabilities to complete this assessment and prepare the technical report. • Golden Gate Bridge, Highway & Transportation District, San Rafael Transit Center Relocation, San Rafael, CA – Principal-in-Charge. Kimley-Horn is advancing the San Rafael Transit Center Relocation Project through the planning, environmental clearance, and preliminary design phases for the relocation of this transit center which had its operations disrupted by the extension of the SMART regional rail service. The existing Transit Center is the busiest transit hub in the North Bay and one of the busiest bus transit hubs in the entire Bay Area, with 17 bus bays and over 9,000 boardings and alightings. Kimley-Horn completed a multi-step process to identify potential relocation sites, developing conceptual layouts for the relocation of the transit and customer services uses, evaluating the sites, and then completing an environmental evaluation and clearance process to select one site for continued design development. The project involved extensive stakeholder interaction amongst local agencies to build regional partnership and support. Kimley-Horn is leading the NEPA and led the CEQA environmental clearance process. • Monterey-Salinas Transit (MST), Capital Investment Grant Consultant for SURF! BRT, Monterey, CA – Principal-in- Charge, CIG Director. Kimley-Horn is supporting MST in the application for a Small Starts funding grant from the Federal Transit Administration (FTA). Our team is leading the preparation of the ratings package including the FTA templates, ridership forecasts with the FTA STOPS model, capital cost estimate applying FTA’s standard cost categories, and O&M costs. We are also tasked with preparing the Project Readiness documentation including risk assessments, safety and security assessments, and project management procedures.
Greg Kyle, AICP
Principal-in-Charge / Quality Control
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Greg Kyle, AICP (Cont.)
• Graham Street and Boeing Access Road Infill Stations, Seattle, WA – Project Manager. The scope of this contract is to add infill light rail stations on the existing 1 Line of Sound Transit’s Link light rail system. The stations include an at-grade infill station in the vicinity of Graham Street, located between the Columbia City Station and Othello Station in the City of Seattle, and an elevated infill station and 300-space surface parking lot in the vicinity of Boeing Access Road, Interstate 5, and East Marginal Way in the City of Tukwila, between the Rainier Beach Station and the Tukwila International Boulevard Station. The team is assisting Sound Transit in completing Alternatives Development and Conceptual Engineering/Environmental Review, in advance of completing Preliminary Engineering. • Ala Moana Transit Plaza Alternatives Analysis, Honolulu, HI – Project Manager. Greg led a team conducting a conceptual planning and design study to assess alternatives for the development of a new mobility hub in the vicinity of the Ala Moana Rail Transit Station, including developing the circulation plan for the surrounding streets. The Ala Moana Center has been the major transportation hub for Honolulu for decades and is the busiest transit center in the bus system. The project assessed options for connectivity of riders between the rail and bus systems, while also preserving opportunities for incorporating commercial and residential uses as part of an integrated development. Project delivery approaches were assessed including the potential for a P3 and/or joint development project delivery method. • Kapolei Maintenance Facility and Transit Center Alternatives Analysis, Honolulu, Hawaii – Project Manager. Led team that conducted conceptual planning and design studies to assess alternatives for the development of a new public transit vehicle maintenance facility and transit center on vacant City-owned land in Kapolei, West Oahu. Development of a transit facility on the City-owned land in Kapolei would address the need for a third bus maintenance and parking facility in West Oahu to improve operational efficiencies. The transit center would replace the current Kapolei Transit Center located on Haumea Street and provide additional passenger amenities. The team undertook an analysis of alternative development schemes, including the integration of mixed-use (residential and commercial) uses on the site. • Alternatives Analysis Update in the Central Oklahoma Region, Oklahoma City, Oklahoma – Project Planner. Kimley-Horn is advancing the implementation of high-capacity transit in the Oklahoma City region by updating the Alternatives Analysis (AA) for advancement into Project Development. Kimley-Horn is completing a focused, concise update of the AA to arrive at an updated Locally Preferred Alternative (LPA) to advance the priority project(s) into the environmental review process. Aspects of the AA process include station area analysis, operations planning, ridership forecasting, LPA selection, FTA capital grant program strategy, and NEPA documentation. • Miami-Dade Transportation Planning Organization, SMART Plan Beach-Northeast Corridors Land Use Scenario and Visioning Planning, Miami-Dade County, FL – Project Manager. Kimley-Horn supported the Miami-Dade Transportation Planning Organization (TPO) by developing Land Use Scenario Plan for the Beach and Northeast Corridors of the Strategic Miami Area Rapid Transit (SMART) Plan rapid transit initiative. This study provided the technical basis for the development of transit supportive land uses along the corridors. Charrettes were conducted at key milestones to obtain public input for the land use visioning process. Land use scenarios were developed to support the vision of the respective communities and generate ridership demand for the proposed rapid transit investments along the Beach and Northeast Corridors. An analysis was performed to determine if existing land use policies and regulations support the projected SMART Plan growth, including accommodating Transit Oriented Development (TOD), and if any changes may be needed. This analysis focused on the land area within a half-mile radius of each identified station location. • South Florida Regional Transportation Planning Authority (SFRTA), Pompano Beach Tri-Rail Station Improvements, Pompano Beach, FL – Project Manager. SRFTA proposed improvements to the existing Tri-Rail Station at Pompano Beach. The proposed improvements included widening the existing platforms and providing canopies; modifications to access ramps for ADA compliance; new pedestrian overpass; removal of existing and construction of new customer service kiosks and employee restroom; existing parking lot modifications to improve bus circulation, taxi staging areas, and kiss & drop-off areas; addition of benches, bike racks and lockers; landscaping; installation of energy efficient LED lighting, machine room-less elevators and solar panels for electric generation; and retrofitting and upgrading the existing drainage facilities. Kimley-Horn is in the process of completing the Categorical Exclusion for review approval by FTA. Kimley-Horn also completed a Phase I Environmental Site Assessment (ESA) to identify potential contamination concerns on the property. • Downtown Fort Lauderdale Mobility Hub Joint Development Initiative, Fort Lauderdale, FL – Project Manager. Led a team serving the City of Fort Lauderdale, in partnership with the Broward Metropolitan Planning Organization (MPO), to identify physical and programmatic requirements and opportunities surrounding a public-private partnership to develop the Downtown Mobility Hub. The Downtown Mobility Hub Joint Development Initiative identified privately funded vertical development opportunities surrounding public transit facilities and infrastructure improvements, including a vehicle maintenance and storage facility for the Wave Streetcar and an on- street streetcar station. The team developed a Conceptual Site Plan which includes public facility components, programmatic uses, typical streetscape sections, and border improvement concepts.
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Paul has 36 years of experience managing all aspects of transportation program management including engineering design, planning, and construction of transportation facilities, including heavy and light rail transit, bus rapid transit (BRT), transit stations, multimodal corridors, zero- emissions fleet and facilities and transit-oriented development. Paul’s practice concentrates in the management of design for conceptual planning, feasibility studies, alternatives analysis, and preliminary and final design engineering. He also has significant experience in regional and state transit planning, zero-emission fleet and facilities transition, public outreach and engagement, agency coordination, and approval processes on the federal, state, and local levels. Paul’s extensive knowledge and experience working on similar bus stop improvement projects will provide a key technical resource in the development of Montebello’s BSIP .
Relevant Experience
• Virginia Department of Rail and Public Transportation (DRPT), Virginia Transit Equity and Modernization Study - Bus Stop Analysis, Statewide, VA – Senior Technical Advisor. As part of the Virginia Transit Equity and Modernization Study, the Kimley-Horn team customized a condition assessment software application to accommodate the features of a bus stop and allow for desktop review of locations (KHAMS | Bus Stop). Locations of stops were extracted from GTFS data, covering more than 15,000 individual stop locations. The team developed a vulnerable populations index (VPI) based on US Census Tract Block Group data and analyzed the distribution of stops by agency type, VPI, and rural versus urban areas, to develop a statistically representative sample of stops for analysis within the application. As the KHAMS | Bus Stop application can be used simultaneously by multiple assessors, both DRPT and Kimley-Horn staff could conduct and check assessments—speeding up the time it took to complete and quality check assessments of more than 675 bus stops across the state to a couple of weeks. The application also tracks progress and average scores by assessors and alerts the team when Streetview images are not available for a stop. Paul serves as a strategic advisor and provided oversight of subconsultants and contractual performance.
• Montgomery County, MD 355 Transit Center, Rockville, MD – Project Manager. The Montgomery County Department of Transportation (MCDOT) is advancing preliminary engineering for the MD 355 Bus Rapid Transit (BRT) and Veirs Mill BRT projects.
As part of the capacity needs for these two projects, and to improve connections with the redesigned Ride On and Metrobus networks, a transit center is planned adjacent to the Montgomery College–Rockville campus. The facility will serve as a terminus for both the Veirs Mill and MD 355 BRTs, while providing driver support facilities and layover space for local transit routes. Under an on-call contract, Kimley-Horn is supporting MCDOT by designing the transit center to 30% design and development of a master plan vision for the integration of site with adjacent parcels and activity centers including a historic school and potential addition of enhanced community space and amenities. Design development includes the sizing and development of transit operations features like Flash BRT stops, bus bays, platforms, canopies, driver support facilities, layover positions, micromobility, electric charging facilities and pedestrian access. The overall vision for the site is being developed through charrette-style workshops with project stakeholders to identify issues and opportunities related to transit/transportation, pedestrian circulation, parking, and integration with existing and proposed development. Paul serves as the overall PM and client contact for the project. • Virginia Department of Rail and Public Transportation (DRPT), Virginia Transit Equity and Modernization Study, Statewide, VA – Senior Technical Advisor. The purpose of the Virginia Transit Equity and Modernization Study was to identify opportunities and recommendations for advancing the equitable delivery and modernization of transit services in the Commonwealth of Virginia. This study explored a wide variety of topics surrounding equitable service delivery and transit service modernization and established an action plan for the DRPT and its partners to make substantial advancements in six Paul Elman, P .E.
Senior Advisor
Professional Credentials
• Master of Engineering, Engineering
Management, Virginia Polytechnic
Institute and State University
• Bachelor of Science,
Civil Engineering, George
Washington University
• Professional Engineer in Virginia
#0402023008, Maryland
#20835, and DC, #10158
• American Society of Civil
Engineers, Member
• American Public Transportation
Association, Member
Prepared by:
PROPOSAL FOR
BUS STOP IMPROVEMENT PROJECT (BSIP)
Consulting Services
City of Montebello TTTF96006.2023
10
Paul Elman, P .E. (Cont.)
topic areas, each led by a Kimley-Horn specialist: Transit Electrification; Transit Accessibility; Adequacy of Transit Infrastructure; Implementation of Emerging Technology; Transit Safety; Transit System Engagement and Governance. Kimley-Horn's role included the development of a robust public participation program, including a study website, focus group meetings, and materials (for use and dissemination by Virginia's 39 local transit agencies); a Transit Equity and Modernization Committee comprised of transit agency executives; Equity Awareness Discussions on the history of transportation and equality, and planning and design biases; Technical Working Groups for each of the above six technical topic areas with membership including local transit agency staff and national industry specialists; and technical memoranda supporting gap assessment, baseline conditions, and additional analyses and investigations in the six areas of study. Paul serves as the overall contract manager and provided quality assurance oversight. • Virginia Department of Rail and Public Transportation (DPRT), Modernizing Transit Fleets: A Guide to Low- and Zero- Emissions Buses, Richmond, VA – Principal-in-Charge. The Virginia Transit Equity and Modernization Study outlined critical action steps for transit modernization across the Commonwealth, including transit fleet electrification and the implementation of emerging technologies in public transit. Under an on-call contract, Kimley-Horn leads a team of subject matter specialists to build on this work and develop a resource guide for Virginia's transit agencies that wish to transition their fleets to low- and zero-emission vehicles. Our responsibilities include: Exploring fleet transition best practices and lessons learned from industry partners and external stakeholders in Virginia and nationwide; developing financing tools for DRPT and Virginia's transit agencies to take advantage of available federal funding; recommending changes to DRPT's programs and technical guidance for capital and technical assistance programs; and building a framework for making Virginia's public transportation workforce competitive and prosperous in a rapidly changing economy. The final deliverable will be a toolkit that provides a template and technical guidance for fleet and facility transition planning while also assisting agencies in taking advantage of existing and new federal funding—including the Infrastructure Investment and Jobs Act and Inflation Reduction Act)—and tackling challenges in workforce recruitment, retention, and training. Paul serves as a strategic advisor and provides oversight of the contractual performance of the team.
• City of Alexandria, Transit Vision Plan, Alexandria, VA – Principal-in-Charge. Kimley-Horn led a team tasked with developing a Transit Vision Plan for the City of Alexandria. The Transit Vision Plan represents an opportunity to fundamentally re-imagine the city's bus network from scratch—resulting in an unconstrained, data-driven future bus transit network that reflects the needs and priorities of city residents, workers, and visitors. The plan used data to understand issues and needs and a robust civic engagement process to guide city and DASH staff on how to maximize the investment in bus operations as a component of the local and regional transportation system. Kimley-Horn's services included leading public engagement; coordinating with stakeholders including other bus and rail operators including Fairfax Connector and Arlington Transit (ART), Virginia Railway Express (VRE), and WMATA; analyzing the current system; performing a market assessment; and developing the final plan. The plan was adopted by the city in early 2020. Paul served as principal-in-charge for the overall effort. • Washington Metropolitan Area Transit Authority (WMATA), New Bus Operating Division Study-Eastern Montgomery, Silver Spring, MD – Principal-in-Charge. Kimley-Horn assisted WMATA with the development of a study to prepare for a new shared maintenance facility. The study addressed excessive deadheading times out of the existing Montgomery Division and helped provide additional storage and maintenance capacity to accommodate the planned Montgomery Flash BRT fleet. The Kimley-Horn team evaluated existing bus operations and estimated the changes in deadhead mileage and costs associated with relocating routes to a new Silver Spring maintenance facility. The potential annual cost savings of reduced deadheading was evaluated relative to the capital cost of constructing a new storage/maintenance division. The study is considering bus fleet characteristics including bus size and fuel type. Kimley-Horn conducted an existing condition evaluation and needs assessment, developed cost estimates and site selection criteria, and provided stakeholder coordination. Paul served as overall principal-in-charge and provided quality assurance and facility evaluations. • Maryland Transit Administration (MTA), Office of Service Development (OSD) Planning Support, Baltimore, MD – Principal- in-Charge. Kimley-Horn performed a comprehensive review and analysis of MTA's BaltimoreLink bus schedule that is performance based.
Our team used historical run-time data to analyze scenarios to improve on-time performance and reliability, using timeband analysis to find more optimized timebands. Deadhead analysis was performed to identify trips with high variance in their travel times and offer adjustments to improve reliability and optimize nonrevenue hours. We then performed layover analysis to evaluate trips that experienced a wide range of run-times and for which additional layover could be allocated to absorb the unpredictability and ensure that the following trip still starts on time. Lastly, we examined the run type analysis looks to determine if there were benefits to be found through run cuts to benefit on-time performance. Our recommendations were implemented through service adjustments in late 2020-early 2021. Paul serves as the overall MTA contract manager and manages the team of subconsultants.
Prepared by:
PROPOSAL FOR
BUS STOP IMPROVEMENT PROJECT (BSIP)
Consulting Services
City of Montebello TTTF96006.2023
11
Professional Credentials:
• Political Science – University of
California at Santa Barbara
• Six Sigma - Green Belt
A seasoned professional with 20 years of experience in Project Management expertise. His impressive track record includes overseeing the operations of large government contracts with 200+ employees and managing data collection projects involving hundreds of thousands of datapoints. With a 100% project completion rate and a commitment to delivering the highest levels of customer service, Joey stands out as a hard worker, exceptional team builder, and expert manager. His transition into ADA compliance has been marked by spearheading our mission to introduce innovative technology that significantly reduces project timelines and costs compared to competitors. Joey brings a unique blend of leadership, efficiency, and technological innovation to drive successful outcomes in the dynamic realm of ADA consulting.
Relevant Experience
• Department of Defense
• State of CA
• County of San Diego
• County of San Bernardino
• City of Irvine
• GoRaleigh
• OMNITRANS
• Torrance Transit
• Long Beach Transit
• City of Norwalk
Joey Tosta
Bus Shelter Inventory;
Bus Stop Assessment
Prepared by:
PROPOSAL FOR
BUS STOP IMPROVEMENT PROJECT (BSIP)
Consulting Services
City of Montebello TTTF96006.2023
12
Professional Credentials
• Business Administration –
Cal Poly Pomona
• Certifications: Supply
Chain Professional
Jason, an industry visionary, made waves in 2010 by launching Precision Material Management, a trailblazing company that revolutionized the oil and gas sector through innovative software and services. With 20 years of experience, incuding 15 years of software development, his leadership has driven PMM to successfully complete over 200 government contracts, developing 15 software products and 12 mobile applications for efficient data collection. Jason is poised to bring his transformative expertise to the realm of ADA compliance. Recognizing the manual and time-consuming nature of ADA data collection, PMM has introduced groundbreaking software that not only accelerates collection and reporting times but also significantly reduces costs for customers.
Jason’s mission is clear: to address a crucial need in both private and public agencies, providing results that mitigate risks and preempt potential lawsuits. His commitment to innovation and efficiency promises to reshape the ADA compliance landscape, much like his earlier successes within the oil and gas industry.
Relevant Experience
• US Department of Defense
• State of CA
• State of CO
• ExxonMobil
• Phillips66
• BF Energy
• City of Norwalk
Jason Johnson
Bus Shelter Inventory;
Bus Stop Assessment
Prepared by:
PROPOSAL FOR
BUS STOP IMPROVEMENT PROJECT (BSIP)
Consulting Services
City of Montebello TTTF96006.2023
13
Adam is a planner and urban designer with more than 17 years of experience leading large-scale transportation, transit-oriented communities (TOC), and land use projects for clients throughout Southern California and beyond, and has worked in the private, public, and non-profit sectors. He is skilled at managing the preparation of master plans, station area plans, active transportation plans, streetscape plans, and feasibility studies, managing large multi-disciplinary teams. Recent projects include station design and planning services for the California High Speed Rail Authority and LA County Metro, station area planning and Specific Plan preparation for emerging TOCs along emerging LRT and commuter rail station areas. Adam excels in leading projects that seamlessly integrate land use and transportation and brings a critical skill set for designing walkable, livable communities that promote equity, mobility, and lead to a climate-resilient future.
Relevant Experience
• City of Palm Desert, Rail Station Feasibility Study, Palm Desert, CA – Project Manager. Kimley-Horn is supporting the City of Palm Desert in identifying near-term and long-term solutions for the location and operation for a future multimodal rail station. This new station would increase passenger reach and provide convenient connectivity between the Coachella Valley and the Inland Empire, Orange County and Los Angeles. Our team is performing a detailed analysis of existing documentation and conditions as well as stakeholder outreach to establish a baseline ridership market and infrastructure needs for a new rail station.
The final report will provide the City with a document that portrays the station benefits (including mobility, equity, health, and environmental considerations) and outline the steps needed to continue moving the station concept forward. • CHSRA, Burbank-to-Anaheim Corridor Environmental and Engineering Services* – Deputy Project Manager.
Coordinated planning services for the preparation of two standalone project EIS/EIR documents for the design-build of approximately 44 miles of the California High-Speed Rail Authority (CHSRA) corridor: one for the approximately 14-mile-long Burbank-to-Los Angeles section that includes two stations/stops, and one for the approximately 30-mile-long Los Angeles- to-Anaheim section that includes four stations/stops. Both project sections are located in one of the most densely populated and heavily traveled areas in the state and country, with the alignments primarily within the existing railroad corridor. Adam’s responsibilities included contract oversight and project management, including contract amendments, staffing, risk mitigation, scoping, and coordination among a large team of discipline leads and client staff. • City of Ontario, Multimodal Transportation Center Needs Assessment and Siting Criteria, Ontario, CA* – Project Manager. Provided architectural and master planning services for a proposed new multimodal transportation center near Ontario International Airport that will serve as a transit hub for local buses, bus rapid transit, the Metro Gold Line, high-speed rail, the proposed Ontario Airport Metro Center circulator, and other future transit modes. Adam's responsibilities included leading a team to develop a site selection screening process, station programming, and 5% design alternatives to balance a variety of in-place and proposed transportation projects that will terminate at the new station. • SCAG, High-Quality Transit Area Analysis, Los Angeles, CA* – Project Manager. Provided station area planning services for the identification of active transportation improvements, redevelopment strategies, and implementation plans that will enable communities to take full advantage of transit investments and tap into regional and state funding opportunities and technical support. The overall goal of the Southern California Association of Governments (SCAG) program is to develop plans that reduce greenhouse gas emissions and vehicle miles traveled. Adam’s responsibilities included leading the preparation of conceptual vision plans for five station areas throughout the SCAG region, including the cities of Oxnard, El Monte, Santa Clarita, San Bernardino, and Riverside. Adam also managed a team of economists and traffic engineers to develop an implementation plan for each station area to establish financial feasibility and allow SCAG to track the impacts on vehicle miles travelled, vehicle hours of travel, greenhouse gas emissions, and other key indicators as the station areas transition to more transit-supportive uses.
Professional Credentials
• Master of Landscape Architecture,
University of Minnesota, St. Paul
• Master of Urban and Regional
Planning, University of
Minnesota, St. Paul
• Bachelor of Arts, Architecture,
University of Minnesota, St. Paul
• American Institute of Certified
Planners #027697
• Urban Land Institute, Member
• American Planning
Association, Member
Adam Maleitzke, AICP
Design Recommendations;
Amenity Recommendations
Prepared by:
PROPOSAL FOR
BUS STOP IMPROVEMENT PROJECT (BSIP)
Consulting Services
City of Montebello TTTF96006.2023
14
Adam Maleitzke, AICP (Cont.)
• CHSRA, Los Angeles-to-Anaheim Project, Los Angeles, CA* – Director of Planning. Supervised the preparation of 5% conceptual design plans in support of environmental review for the construction of a 30-mile-long high-speed rail line between Union Station in Los Angeles and Anaheim. This critical segment of the California High Speed Rail Authority (CHSRA) project poses significant challenges associated with integrating high-speed rail service on a limited ROW traversing a dense urban area. Adam and his team were responsible for station area planning, including an assessment of circulation and public realm needs, as well as conceptual station plans for proposed facilities in the cities of Norwalk, Santa Fe Springs, Fullerton, and Anaheim. • Omnitrans, West Valley Connector, San Bernardino, CA* – Project Manager. Provided planning services for an enhanced, state-of- the-art bus rapid transit system (BRT) to improve mobility in Southern California’s San Bernardino West Valley. The project is in response to the traffic congestion and additional one million people anticipated by 2030 in the cities of Pomona, Montclair, Ontario, Rancho Cucamonga, and Fontana. The project team participated in the AA for the 25-mile corridor along Holt Boulevard/SR 61 and Foothill Boulevard/SR 66 to determine the best option for faster, more attractive transit service that connects major activity centers. Adam’s activities included developing alternative 30% schematic design plans for key BRT corridors, conducting research and developing narrative and supporting figures for a funding package for the FTA Small Starts grant program. • RCTC, Transit-Oriented Communities Strategic Plan, Riverside County, CA* – Project Manager. Adam provided station area visioning and TOC strategies to promote transit-oriented development at eight station areas along the 91/Riverside and Perris Valley transit corridors.
The TOC plan addresses the Metrolink commuter line connecting communities in Riverside County to Los Angeles and Orange Counties for the Riverside County Transportation Commission (RCTC). The study area includes eight stations along the 91/ Perris Valley Lines, from Corona - West to Perris - South, connecting through downtown Riverside. The historically suburban development pattern along the line ranges from higher density, walkable streets to large, undeveloped properties along the eastern end of the line. The study will be guided by three advisory committees and a robust public engagement program, and will examine active transportation and smart mobility solutions, economic development strategies, and specific infrastructure investments that will remove barriers to implementing transit-oriented communities. • SANBAG/SCAG, ARRIVE Corridor, San Bernardino, CA* – Senior Planner. Performed planning services for the San Bernardino Association of Governments (SANBAG)/Southern California Association of Governments (SCAG) Advanced Regional Rail Integrated Vision—East (ARRIVE) Corridor project, which is an integrated regional rail/land use vision and implementation strategy for the 60-mile San Bernardino Metrolink Line and the 0.5-mile areas around the Montclair, Upland, Rancho Cucamonga, Fontana, Rialto, and San Bernardino stations. The intent is to transition the ARRIVE Corridor over time to an integrated TOD/regional rail corridor serving residents and businesses within active, growing, transit-oriented communities at the station locations and providing a high degree of transit interconnectivity to regional destinations. The project is a key step in implementing the 2012-2035 SCAG Regional Transportation Plan/ Sustainable Communities Strategy for San Bernardino County, CA. Adam’s responsibilities included developing corridor-wide and station- specific strategies for transit-supportive land uses and first/last mile projects for each station within the study area. Site plans and massing models were developed in partnership with the team’s economist, performing a development feasibility analysis to demonstrate the “tipping points” that would allow higher-intensity development projects to be viable. • City of Long Beach, Downtown and TOD Pedestrian Master Plan, Long Beach, CA* – Project Manager. Oversaw outreach, urban design, conceptual design, and master planning for the preparation of a Downtown and TOD Pedestrian Master Plan for the city that provides policies, guidelines, and standards for best practices for pedestrian design and the identification of $70 million in recommended capital improvement projects. Adam’s responsibilities included working with community and agency stakeholders; facilitating innovative pop-up and community workshop outreach events; and developing conceptual designs, cost estimates, and a screening process to prioritize up to 10 major pedestrian improvements in downtown Long Beach over the next 15 years. Working with an economist, he and his team also prepared a financial plan and funding strategies to enable the city to implement these projects as funding becomes available. • NCTD, Solana Beach Transit Center Joint Development Plan, Solana Beach, CA* – Project Manager. Provided planning and architectural services for a developer-led team to develop the land surrounding the North County Transit District's Solana Beach Transit Station as a mixed-use surface-level development consisting of restaurant and retail and/or low- impact residential uses as well as to construct and maintain a multilevel, fully-automated subterranean parking structure to accommodate the needs of the development, future transit riders, and public visitors to the 2.62-acre area. Adam’s tasks included developing 30% schematic design plans in support of a design competition, coordinating with a team of contractors, engineers, economists, and city and agency staff to develop a context-sensitive vision that fosters an increase in transit ridership in a walkable, bikable environment, while respecting the lower density building stock of the immediate area. Adam also staffed multiple public visioning sessions and open houses, creating innovative public engagement materials. *Projects prior to Kimley-Horn
Prepared by:
PROPOSAL FOR
BUS STOP IMPROVEMENT PROJECT (BSIP)
Consulting Services
City of Montebello TTTF96006.2023
15
Professional Credentials
• Master of Science, Urban
Spatial Analytics, University
of Pennsylvania
• Bachelor of Arts, Geography,
Carleton University
• Certificate of Geographic
Information Systems,
Algonquin College
• Geographic Information Systems
Professional #59317
• American Institute of Certified
Planners #026552
• Road Safety Professional 1 #279
• Road Safety Professional 2B #17
Darryl has more than 16 years of experience assisting on and leading transportation planning and engineering projects. He uses data driven approaches to assess transportation system performance for operations, particularly for those on foot, bike, and transit. He has experience in the estimation of transit ridership and related bicycle and pedestrian trips related to transit stop and station needs assessments. As a GIS Professional, Darryl often uses GIS to efficiently assess existing conditions and to analyze project alternatives. He has supported the development and implementation of GIS analysis methods for transit and traffic performance assessment, traffic safety analysis, ADA transition plans and other transportation planning functions. When applicable, Darryl makes use of big data sources to supplement available localized data from both commercial and locally kept sources. He develops custom tools, macros, models, and scripts to work with out-of-the-box tools and applications as needed to work with existing data sources to better inform the planning team and decisionmakers.
Relevant Experience
• OCTA, Santa Ana Transit Cooperative Study, Santa Ana, CA – Project Planner. Kimley-Horn is working with the Orange County Transportation Authority (OCTA) to implement transit improvements along the McFadden Avenue corridor and 1st Street corridor within the City of Santa Ana. OCTA identified potential impacts to the high-quality transit corridors due to the proposed changes in the City's 2020 Circulation Element update, which included roadway reconfigurations and reductions of existing or planned travel lanes to incorporate active transportation projects. Kimley-Horn will provide a review of current and future corridor conditions as well as assessments of current infrastructure relevant to TSP system components, recommend appropriate transit supportive strategies, and identify costs, responsibilities, and a timeline for OCTA and the City's future efforts along these corridors.
• LA Metro, North Hollywood to Pasadena BRT Planning and Environmental Study, Los Angeles to Glendale, CA – Project Planner. Kimley-Horn is the prime consultant for a 19-mile BRT project connecting the San Fernando Valley with the San Gabriel Valley that encompasses the North Hollywood and Eagle Rock districts of Los Angeles along with the Cities of Burbank, Glendale, and Pasadena. The effort has led the project through alternatives analysis and CEQA environmental approval and is currently advancing preliminary engineering with the route including a combination of street-running and freeway-based alignments. The project will connect the Metro North Hollywood B Line (heavy rail) and G Line (BRT) Station with the A Line (light rail) in Pasadena. The project is emphasizing Metro’s emerging Transit Oriented Communities (TOC), First-Last Mile, and Sustainability initiatives with over 20 station options selected based on a wide range of metrics. The Kimley-Horn team is responsible for development of all technical products including planning studies, conceptual engineering, environmental, and Preliminary Engineering leading up to an alternative project delivery method implementation. • San Benito COG, SR 25 Corridor Study for Transit Alternatives Evaluation, CA – Project Planner. Kimley-Horn led the technical work to evaluate alternatives for the SR 25 corridor between Hollister and Gilroy that would encourage more ridership on a congested commuter corridor. The evaluated alternatives included bus on shoulder, bus beside rail, and passenger rail services. The study evaluated the relative costs and ridership gains associated with each alternative along with other potential benefits to traffic and emissions.
• City of Goleta, Rail Station Accessibility Needs, Goleta, CA – Project Planner. Darryl conducted a first/last mile assessment of passenger rail service to understand potential bicycle and pedestrian trips that would made to access the station, and a related inventory of bicycle and pedestrian amenities that would be needed to adequately serve those trips. Part of this work also included an estimate of GHG savings that could be achieved through encouraging pedestrian and bicycle trips.
Darryl dePencier, AICP , GISP , RSP2B
Amenity Recommendations
Prepared by:
PROPOSAL FOR
BUS STOP IMPROVEMENT PROJECT (BSIP)
Consulting Services
City of Montebello TTTF96006.2023
16
Darryl dePencier, AICP , GISP , RSP2B (Cont.)
• City of Palm Desert, Rail Station Feasibility Study, Palm Desert, CA – Project Manager. Kimley-Horn is supporting the City of Palm Desert in identifying near-term and long-term solutions for the location and operation for a future multimodal rail station. This new station would increase passenger reach and provide convenient connectivity between the Coachella Valley and the Inland Empire, Orange County and Los Angeles. Our team is performing a detailed analysis of existing documentation and conditions as well as stakeholder outreach to establish a baseline ridership market and infrastructure needs for a new rail station. The final report will provide the City with a document that portrays the station benefits (including mobility, equity, health, and environmental considerations) and outline the steps needed to continue moving the station concept forward.
• California High Speed Rail Authority, Rail Station Needs Assessment, Palmdale, CA* – Planner. Darryl estimated a service footprint for active transportation users of the Palmdale High Speed Rail station to assess the potential number of daily trips using the station by bike or foot to access high speed or Metrolink trains. This work included assessment of traffic impacts associated with vehicle trip reductions.
• Washington Metropolitan Area Transportation Authority, System-wide Bus Network Performance Evaluation, Washington, DC* – Planner. Developed a system to relate archived Automatic Vehicle Locator data to specific routes and the roadway system which allowed mapping and assessing system-wide travel time at any requested time of day. • San Joaquin RTD, Bus Rapid Transit Study, Stockton, CA* – Senior Planner. Darryl conducted an environment justice impact assessment of proposed service changes associated with the implementation of a new rapid transit line along Martin Luther King Jr.
Boulevard in Stockton. The evaluation examined the impacts of service reallocation needed to support the new line. • COMPASS, Transit System Blueprint 2.0, Boise, ID* – Senior Planner. Darryl conducted a system review of bus routes and schedules for the entire Boise metropolitan region including service gaps, system ridership potential and growth, priority system enhancements for long range service enhancements and station / stop planning. The final report provided a phased approach to system development over a 30-year planning horizon.
*Projects prior to Kimley-Horn
Prepared by:
PROPOSAL FOR
BUS STOP IMPROVEMENT PROJECT (BSIP)
Consulting Services
City of Montebello TTTF96006.2023
17
Professional Credentials
• Bachelor of Science,
Civil Engineering, Rose-Hulman
Institute of Technology
• Professional Engineer
in Florida #69872
• American Public Transportation
Association, Member
• American Society of Civil
Engineers, Member
Matt is a civil engineer working primarily with transit, rail, and roadway projects with 19 years of experience. Matt brings design and construction experience for general civil and roadway work, rail and track, and many types of utilities. He is also experienced with project management and project controls, scheduling, monitoring and managing task progress, and promoting effective communication both internally and with clients and subconsultants. His recent experience includes projects for Southern California Regional Rail Authority (SCRRA) where he served as point person for design integration and deputy project manager on the Simi Valley Double Track project and the Serra Siding Extension project.
Relevant Experience
• LA Metro, North Hollywood to Pasadena BRT Planning and Environmental Study, Los Angeles to Glendale, CA – Senior Engineer. Kimley-Horn is the prime consultant for a 19-mile BRT project connecting the San Fernando Valley with the San Gabriel Valley that encompasses the North Hollywood and Eagle Rock districts of Los Angeles along with the Cities of Burbank, Glendale, and Pasadena. The effort has led the project through alternatives analysis and CEQA environmental approval and is currently advancing preliminary engineering with the route including a combination of street-running and freeway- based alignments. The project will connect the Metro North Hollywood B Line (heavy rail) and G Line (BRT) Station with the A Line (light rail) in Pasadena. The project is emphasizing Metro’s emerging Transit Oriented Communities (TOC), First-Last Mile, and Sustainability initiatives with over 20 station options selected based on a wide range of metrics. The Kimley-Horn team is responsible for development of all technical products including planning studies, conceptual engineering, environmental, and Preliminary Engineering leading up to an alternative project delivery method implementation. • City and County of Honolulu, Ala Moana Transit Plaza Alternatives Analysis, Honolulu, HI – Project Engineer.
Kimley-Horn supported the City and County of Honolulu in conducting a conceptual planning and design study to assess alternatives for the development of a new mobility hub in the vicinity of the Ala Moana Rail Transit Station, including developing the circulation plan for the surrounding streets. The transit plaza will offer Honolulu the opportunity to continue developing a transit-oriented community around the rail station in this high-density urban community that has high levels of walking, biking, and transit usage. The project assessed options for connectivity of riders between the rail and bus systems, while also preserving opportunities for incorporating commercial and residential uses as part of an integrated development. • SCRRA, SCORE Program Phase 1, CA – Engineering Manager. The Southern California Regional Rail Authority (SCRRA) is implementing Phase 1 of the Southern California Optimized Rail Expansion (SCORE) program which will add safety and operational improvements in support of 30-minute headways along several Metrolink Lines. Kimley-Horn is supporting SCRRA with two project improvement packages. The Simi Valley Double Track and Platform Project will add 2.15 miles of second main track between CP Arroyo and CP Sequoia. Kimley-Horn is advancing this project from preliminary engineering to final design including the main line track design and a new pedestrian underpass at the Simi Valley Station. Other facets of the project include detailed drainage analysis, utility relocation, and grade crossing improvements including CPUC coordination. The Serra Siding Extension project will add 1 mile of siding extension between CP Serra and the at-grade crossing at Beach Road.
Kimley-Horn is leading a project team that will provide final design for two single-track bridges to replace the existing steel through girder bridge to accommodate double-track operations, design 1 mile of siding track extension, retaining wall and culvert extension design, signaling system improvements, and utility relocations.
Matt Gibson, P .E.
Plan and Design of Development Phase/
RFP Creation; Design Recommendations;
Amenity Recommendations; Bus Stop Assessment
Prepared by:
PROPOSAL FOR
BUS STOP IMPROVEMENT PROJECT (BSIP)
Consulting Services
City of Montebello TTTF96006.2023
18
Matt Gibson, P .E. (Cont.)
• City of Fort Lauderdale, Downtown Mobility Hub Streetscape, Fort Lauderdale, FL – Project Manager. Kimley-Horn provided landscape architecture design, planning, traffic engineering, and civil engineering services for the revitalization of the existing streetscape in Downtown Fort Lauderdale. The goal was to create a pedestrian-friendly environment by adding walk/bike lanes and creating separation between traffic and pedestrian spaces—this includes adjusting lane lengths and altering bus lanes. Kimley-Horn coordinated with various stakeholders (Broward County, Broward County Transportation, Sun Trolley, Brightline Rail) and prepared workshop-style presentations for several streetscape options.
• City of Miami Beach, Light Rail/Modern Streetcar P3 Program Management, Miami Beach, FL – Project Engineer. Served as senior project engineer responsible for conceptual designs, alternative comparisons, capital cost estimates, utility impacts and coordination, and management of subconsultants. Also supported and participated in the City’s public outreach and workshops. Miami Beach Streetcar is a 3.5- to 4-mile double-tracked light rail transit (LRT) or modern streetcar system circulating through the Art Deco District of Miami Beach, providing connectivity between South Beach hotels and the Miami Beach Convention Center. Kimley-Horn served as the prime consultant overseeing the project through project development, conceptual engineering, environmental impact analysis, and procurement of a P3 developer that would design, build, operate, maintain, and finance the project. • City of Tampa, Streetcar Extension and Modernization Feasibility Study and Project Development, Tampa, FL – Project Engineer. Responsible for conceptual capital cost estimates and station platform design, and assisting with preparation of federal grant applications to FTA. Kimley-Horn conducted a feasibility study to examine the potential extension of the Tampa Historic Streetcar. The study focused on improving ridership on the streetcar, operations, cost effectiveness, and quality of service. Additional project support included examining ridership origins and destinations within the City of Tampa for route development. The feasibility study coordinated with other regional transit initiatives by clearly defining the Tampa Streetcar operating parameters and identifying how it may enable future transit connections to the downtown transit center, emerging adjacent neighborhoods and to the region. Key project responsibilities included public workshops and agency outreach, transportation and transit analysis, purpose and need statement, evaluation plan, project impact and capital cost analysis. The study identified transit service and mobility improvements to support livability and economic development in downtown Tampa and along the corridor.
• RTA, Alternatives Analysis Update in the Central Oklahoma Region, Oklahoma City, OK – Project Engineer. The intent of this study was to develop preliminary fixed routes to serve critical parts of the Oklahoma City community. This study was the foundation for the BRT corridor on NW Expressway, the downtown Oklahoma City Streetcar, and the genesis of continued discussions as to a larger regional high-capacity commuter solution. In 2015 the Central Oklahoma Commuter Corridors Study was completed under the Association of Central Oklahoma Governments (ACOG) to further define routing and mode choice developed from the Fixed Guideway Study. The outcome of this study was the need to develop a separate entity (RTA of Central Oklahoma) to develop and manage larger-scale high-capacity commuter options between Central Oklahoma communities. Likewise, the study identified key modes and a commuter rail corridor utilizing the existing BNSF railroad right-of-way to connect Edmond, Oklahoma City, Moore, and Norman as well as a streetcar/light rail route to connect Oklahoma City, Midwest City and Del City.
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PROPOSAL FOR
BUS STOP IMPROVEMENT PROJECT (BSIP)
Consulting Services
City of Montebello TTTF96006.2023
19
Professional Credentials
• Master of Science, Urban and
Regional Planning, Florida
State University
• Bachelor of Science, International
Affairs, Florida State University
• American Institute of Certified
Planners #33893
Zander has technical skills in mapping and spatial analysis, graphic design, travel demand modeling, and statistical analysis. He is knowledgeable in ArcGIS (ArcPro, ArcMap, ArcScene, ArcCatelog, Story Map), Adobe Creative Cloud (Photoshop, InDesign, Illustrator), SketchUp, Canva, Bentley CUBE, IBM SPSS Statistics, and Microsoft Excel. Zander has previous experience working on LRSPs, transit feasibility studies, station area plans, and similar transportation projects.
Relevant Experience
• LA Metro, North Hollywood to Pasadena BRT Planning and Environmental Study, Los Angeles to Glendale, CA – Project Analyst. Kimley-Horn is the prime consultant for a 19-mile BRT project connecting the San Fernando Valley with the San Gabriel Valley that encompasses the North Hollywood and Eagle Rock districts of Los Angeles along with the Cities of Burbank, Glendale, and Pasadena. The effort has led the project through alternatives analysis and CEQA environmental approval and is currently advancing preliminary engineering with the route including a combination of street-running and freeway-based alignments. The project will connect the Metro North Hollywood B Line (heavy rail) and G Line (BRT) Station with the A Line (light rail) in Pasadena. The project is emphasizing Metro’s emerging Transit Oriented Communities (TOC), First-Last Mile, and Sustainability initiatives with over 20 station options selected based on a wide range of metrics. The Kimley-Horn team is responsible for development of all technical products including planning studies, conceptual engineering, environmental, and Preliminary Engineering leading up to an alternative project delivery method implementation. • City and County of Honolulu, Ala Moana Transit Plaza Alternatives Analysis, Honolulu, HI – Project Engineer.
Kimley-Horn is supporting the City and County of Honolulu in conducting a conceptual planning and design study to assess alternatives for the development of a new mobility hub in the vicinity of the Ala Moana Rail Transit Station, including developing the circulation plan for the surrounding streets. The transit plaza will offer Honolulu the opportunity to continue developing a transit-oriented community around the rail station in this high-density urban community that has high levels of walking, biking, and transit usage. The project is assessing options for connectivity of riders between the rail and bus systems, while also preserving opportunities for incorporating commercial and residential uses as part of an integrated development. • SGVCOG, San Gabriel Valley Transit Feasibility Study, Los Angeles County, CA – Project Analyst. Kimley-Horn is working with the San Gabriel Valley Council of Governments (SGVCOG) to develop a Transit Feasibility Study for the San Gabriel Valley.
The project was initiated through a two-phase project approach. The first phase began with establishing the study area, defining mobility problems, and creating initial concepts which will be screened and refined for further study. Phase I also included ridership forecasting, high-level cost information, and extensive community and stakeholder outreach. It concluded with a Vision Plan, which identified several east/west and north/south concepts for bus rapid transit (BRT) implementation. The second phase examines the Vision Plan further, refining these concepts and selecting a single east/west and north/south concept. The second phase focuses on conceptual engineering and working with stakeholder agencies to develop lane configurations within their existing right-of-way to accommodate high-quality transit service. • SANDAG, North County Regional Corridor (SR 78) Comprehensive Multimodal Corridor Plan (CMCP), San Marcos, CA – Project Analyst. Kimley-Horn is partnering with SANDAG and Caltrans District 11 in the development of a Comprehensive Multimodal Corridor Plan (CMCP) that addresses North County's preeminent mobility and transportation issues. Kimley-Horn's approach is based on understanding of current community and mobility markets that inform local, subregional, and regional demands, and anticipated future conditions. The CMCP study is an opportunity to identify and enable projects at different scales (e.g. flexible fleet deployments within and to mobility hubs) and allow for early wins with municipal partners. Our team's approach will enable the range of projects that can help provide mobility choices at different levels: large regional projects and small quick-build projects (i.e., TSP , lanes, safety improvements) that can demonstrate the holistic approach encouraged by funding grant opportunities.
Alexander (Zander) Dally, AICP
Bus Stop Assessment
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City of Montebello TTTF96006.2023
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Alexander (Zander) Dally, AICP (Cont.)
• Culver City, MOVE Culver City Independent Data Validation, Culver City, CA – Project Manager. Kimley-Horn was tasked with reviewing monthly key performance indicator (KPI) reports prepared by a third-party consultant. These reports monitored the travel patterns of various modes before and after implementation of Culver City's tactical mobility lanes. Kimley-Horn analyzed the raw data provided by the City's transportation department, as well as the consultant's methodology, to determine if the results indicated in the reports could be reproduced.
• San Benito County, Local Road Safety Plan (LRSP) Development, CA – Project Analyst. Kimley-Horn developed a Local Road Safety Plan for San Benito County inclusive of the City of Hollister and City of San Juan Bautista. The project included a systemic evaluation of intersection and roadway safety that identified high crash locations, high risk locations, and locations with unusual crash patterns stratified by jurisdiction. The Kimley-Horn team worked with representatives and stakeholders from the County and Cities to select localized safety emphasis areas that could be prioritized for implementation, reducing the number of fatal and serious injury crashes countywide. The final report addressed safety needs countywide and included sections on the specific needs of each jurisdiction.
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21
3. Qualifications and Experience
Similar Project Experience
) Virginia Department of Rail and Public Transportation (DRPT), Virginia Transit Equity and Modernization Study - Bus Stop Analysis, Statewide, VA (2021-2022) As part of the Virginia Transit Equity and Modernization Study, the Kimley-Horn team customized a condition assessment software application to accommodate the features of a bus stop and allow for desktop review of locations (KHAMS | Bus Stop). By incorporating a direct link to Google Streetview images of bus stops, the team could efficiently and effectively assess a large sample of stops across the entire state of Virginia without the additional time required to send staff into the field. Assessments included rating the condition and accessibility of each stop and the presence or absence of key features, such as sidewalks, benches, shelters, and lighting.
Locations of stops were extracted from GTFS data, covering more than 15,000 individual stop locations. The team developed a vulnerable populations index (VPI) based on US Census Tract Block Group data and analyzed the distribution of stops by agency type, VPI, and rural versus urban areas, to develop a statistically representative sample of stops for analysis within the application. As the KHAMS | Bus Stop application can be used simultaneously by multiple assessors, both DRPT and Kimley-Horn staff could conduct and check assessments—speeding up the time it took to complete and quality check assessments of more than 675 bus stops across the state to a couple of weeks. The application also tracks progress and average scores by assessors and alerts the team when Streetview images are not available for a stop.
The resulting analysis is displayed in the application on a color-coded map and in table form. The data table was exported, and the Kimley-Horn team provided statistical analysis of the sample of stops, including correlations between stop features and VPI and rural versus urban categories. The result of the analysis informed the action plan and recommendations regarding bus stop design and basic infrastructure requirements. ) Virginia Department of Rail and Public Transportation (DRPT), Virginia Transit Equity and Modernization
Study, Statewide, VA (2021-2023)
Kimley-Horn led a team of subject matter specialists that assisted DRPT by developing a needs and opportunities assessment and subsequent action plan that focused on six key areas—transit accessibility, adequacy of transit infrastructure, transit electrification, implementation of emerging technology, transit safety, and transit system engagement. A key part of our efforts was a robust and inclusive public and stakeholder engagement program that is consistent with the equitable cornerstone of this project. The final study, which was released in August 2022, helps guide the Commonwealth in the development of equitable, modern transit networks for years to come.
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Consulting Services
City of Montebello TTTF96006.2023
22
) City of Richmond, Citywide Transit Stop Access Improvements, Richmond, CA (2023-Ongoing)
Kimley-Horn is working with the City of Richmond and the local transit agency, GRTC, to provide engineering design services to improve pedestrian access at approximately 100 bus stops around the City. The project is funded with federal Congestion Mitigation and Air Quality (CMAQ) funds.
Design services include the design of combinations of Americans with Disabilities (ADA) curb ramps, ADA-accessible boarding and alighting areas, sidewalk, and crosswalks at 100 unique bus stop locations. Kimley-Horn also is providing environmental services to assist in completion of the National Environmental Policy Act (NEPA) documentation, bid phase support services, and construction phase engineering support services. ) PennDOT Bureau of Public Transportation (BPT), Susquehanna Regional Transit Authority (SRTA) Bus Shelter Assessment, Design, and Improvement Services, Harrisburg and York, PA (2022-Ongoing)
Under an on-call contract with PennDOT BPT, Kimley-Horn is providing an assessment of SRTA's bus stops along two routes in both Harrisburg and York, PA. The assessment is focused on creating uniform assessment criteria and will allow for future implementation by SRTA staff. The criteria for evaluation will be focused on various parameters (e.g., signage, shelter condition, ADA accessibility, visibility, etc.). The field data collected for the assessment will be used to create a prioritization plan for these routes for capital programming within SRTA. Additionally, Kimley-Horn is developing a typical application of bus stop construction for use by SRTA for standardization and branding. ) City of Rochester, Bus Stop Improvement Project, Rochester, MN (2023-Ongoing) Kimley-Horn is providing final design and permitting services to the City of Rochester for numerous bus stop improvements within the Rochester Public Transit (RPT) system. The number of bus stops included in the project will range between 83-421 stops. This includes replacing bus shelters and benches that have exceeded their useful life, improving bus stops to be more accessible to all and follow standards set by the Americans with Disability Act of 1990 (ADA), and potential installation of lighting and bus information displays at major bus stops.
The scope of work includes preparing a class of action determination, navigating the NEPA review process, and preparing information for SHPO consultation, along with completing field work, bus stop site assessments, and design and specifications for each stop slated for improvements. Since the project utilizes federal funds, the project team must follow all FTA requirements and procedures.
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PROPOSAL FOR
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Consulting Services
City of Montebello TTTF96006.2023
23
) City of Oklahoma City, MAPS 4 Bus Stop Improvements, Oklahoma City, OK (2022-Ongoing)
MAPS programs are capital investment initiatives to improve quality of life in Oklahoma City, funded by a series of temporary penny sales taxes. The first began with the original MAPS vote in 1993. It originally stood for “Metropolitan Area Projects” but is now known simply as MAPS. MAPS 4 is the next generation of MAPS programs. Kimley-Horn is assisting the MAPS Office in the development and design of up to 250 bus stops. In addition to accessibility upgrades, improvements at the stops could include new shelters, bicycle racks, lighting, or other amenities. Services include planning, design, and construction administration services for each stop. Services also include meeting with City officials, stakeholders, and user groups as well as making presentations to the MAPS 4 Connectivity Subcommittee, MAPS 4 Citizens Advisory Board and City Council along with the various design review committees as established by ordinance. ) Orange County Transportation Authority (OCTA), Santa Ana Transit Study, Santa Ana, CA (2021-2023)
Kimley-Horn worked with OCTA to implement transit improvements along the McFadden Avenue corridor and 1st Street corridor within the City of Santa Ana. OCTA identified potential impacts to the high-quality transit corridors due to the proposed changes in the City’s 2020 Circulation Element update, which included roadway reconfigurations and reductions of existing or planned travel lanes to incorporate active transportation projects. Kimley-Horn provided a review of current and future corridor conditions as well as assessments of current infrastructure relevant to TSP system components, recommended appropriate transit supportive strategies, and identified costs, responsibilities, and a timeline for OCTA and the City’s future efforts along these corridors. ) LA Metro, North Hollywood to Pasadena BRT Planning and Environmental Study, Los Angeles to Pasadena, CA (2018-2023)
Kimley-Horn is the prime consultant for an 18-mile
BRT project connecting the San Fernando Valley
with the San Gabriel Valley that encompasses the
North Hollywood and Eagle Rock districts of Los
Angeles along with the Cities of Burbank, Glendale,
and Pasadena. The effort is leading the project
through alternatives analysis, CEQA environmental
approval, and preliminary engineering with the
route including a combination of street-running
and freeway-based alignments. The project,
which is a key element of Metro’s Twenty-Eight
by ’28 Vision in preparation for the 2028 Summer
Olympics, will connect the Metro North Hollywood
B (Red) Line (heavy rail) and G (Orange) Line (BRT)
Station with the L (Gold) Line in Pasadena. The
project is emphasizing Metro’s emerging Transit Oriented Communities (TOC), First-Last Mile, and Sustainability initiatives with more than 20 station options being selected based on a wide range of metrics including Value Capture potential. The project provides a “showcase” of BRT prototypes applicable to a wide regime of urban roadways ranging from narrow constrained minor arterials to major boulevards and provides complete street solutions integrating on-street bus lanes and BRT stations with vehicular traffic movements, bicycle facilities, sidewalks and the pedestrian realm, and active transportation projects. The team delivered a completed Alternatives Analysis and Draft EIR in 2020 along an accelerated timeline (in a little over two years), and advanced the project with preparation of the FEIR and PE in 2021.
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PROPOSAL FOR
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Consulting Services
City of Montebello TTTF96006.2023
24
Minimum Qualifications
A. Five Similar Projects Within Last 36 Months – Please refer to the similar project descriptions provided in the previous section under “Similar Project Experience.”
B. Contract Defaults / Bankruptcy / Credit – Kimley-Horn has never been terminated for cause or default. We do not track terminations for convenience. Kimley-Horn has never filed for bankruptcy.
C. Penalties for Non-Compliance – No federal, state, or local tax liens have been assessed against Kimley-Horn.
D. Investigation for Non-Compliance – Kimley-Horn is not under investigation for any charge or claim for noncompliance.
E. Licensed to do Business in California – Kimley-Horn is licensed to do business in the State of California and is in good standing with the State of California Secretary of State.
F. Knowledge of Professional Staff – Our key project staff have more than 5 years of experience completing BSIP and other transit projects involving the planning and design of bus stop improvements. This experience is detailed in the resumes included in section 2.
G. Financial Capacity – Kimley-Horn has been in business since 1967. We are financially strong, and we are committed to our continued financial health. As of December 31, 2022, the Company had total assets of $1.2 billion and stockholder’s equity of approximately $266 million. In addition to the financial resources noted, Kimley-Horn also has an untapped $125 million operating line of credit available for short-term cash flow needs. The Company’s cash flow continues to be very strong. We maintain a disciplined focus on business fundamentals, operate the firm conservatively, and our internal controls and business standards are designed to keep our foundation strong. Kimley-Horn uses one institutional lender, Wells Fargo. If necessary, reference information can be obtained from the following contact:
Michael Pugsley, Senior Vice President, Wells Fargo Bank, N.A., 150 Fayetteville Street, Suite 600, PO Box 3008, Raleigh, NC 27601, (919) 881-6469. For any questions regarding Kimley-Horn’s financial status, please contact Lindsey Balltzglier, Controller, at (919) 678-4141.
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PROPOSAL FOR
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Consulting Services
City of Montebello TTTF96006.2023
25
4. Technical Approach
Work Plan
The scope of services identified in the Request for Proposal (RFP) lists specific work tasks and deliverables that are expected by the City of Montebello. Kimley-Horn agree to perform the RFP scope of services with the conventions, clarifications, and modifications listed below.
Task 0: Project Management
Kimley-Horn will schedule, prepare for, and lead up to 20 project team meetings including a kick-off meeting at the commencement of this project. Meetings will be bi-weekly at the beginning and can be less frequent, but as frequent as necessary to keep project development progress moving efficiently. The Kimley-Horn team will prepare meeting minutes to document meetings and track action items. These minutes will be sent to the City and project team following the conclusion of the meeting within two business days. Both Kimley-Horn and PMM task lead staff will be present at these meetings. Kimley-Horn will submit progress reports summarizing work performed during the previous period and invoices monthly. The date of recurring submittal will be determined by the City.
TASK 0 DELIVERABLES:
 Kickoff Meeting  Progress Reports/Invoices  Bi-Weekly Meetings Task 1: Bus Shelter Inventory
The Kimley-Horn team will do an inventory of the existing conditions for approximately 900 bus stops in the Montebello Bus Lines system both inside the jurisdiction of the city and outside of it. Prior to the inventory, the Kimley-Horn and PMM team will review the April 2022 Comprehensive Operations Analysis (COA) Final Report to gather an understanding of current MBL routes and future changes. This inventory includes on-site visits and analysis (digital photos, measurements, notes), data entry and tabulation, EZTRAK portal access for the City and Kimley-Horn, plus a one-year license (from project completion) to the portal where the City can update and maintain inventory as repairs are completed and amenities are replaced and rough order of magnitude cost. The user-friendly interface will allow the City to see real- time updates as inventory data is populated into the map. The specific detail for each of the bus stops in the interface will provide the City with full understanding of the existing conditions. This will allow the City flexibility in what needs to be recorded during the survey process at their determination. The inventory will assign each bus stop a rating or score based on its current state. The scale of this rating and its determinants will be agreed upon by Kimley-Horn and the City, unless the predetermined scale is sufficient. The final inventory data will also be downloadable to GIS format from the EZTRAK software. The inventory assessment is estimated to take between four and six weeks to complete. Examples of the EZTRAK portal interface are shown below. They include the bus stop details, bus stop inventory, and the PMM inventory condition rating criteria.
The Kimley-Horn team will prepare a Bus Stop Inventory and Existing Conditions Technical Memo at the completion of the bus stop inventory. This memo will include a summary of the existing conditions of the inventoried Montebello Bus Lines bus stops that will include but is not limited to:
◢ GIS locations
◢ Existing bus lines and routes at each stop
◢ Number of bus stops per route
◢ Street names
◢ Bus route numbers
◢ Risks and liabilities under federal, state, and
local accessibility law (ADA)
◢ Existing amenities
» Bus Shelters
» Benches
» Trash Receptables
» Near-side and Far-side Locations
» Signs
» Lighting
This technical memo will also include a list of ADA-compliant, ADA non-compliant, and accessibility recommendations for bus stop upgrades in a separate section.
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PROPOSAL FOR
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City of Montebello TTTF96006.2023
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TASK 1 DELIVERABLES:
 Bus Stop Inventory and GIS Mapping  Bus Stop Inventory and Existing Conditions Technical Memo Kimley-Horn requests that the technical memo is limited to no more than two rounds of reviews and feedback, with a maximum of five business days for each necessary review.
Bus Stop Details
Bus Stop Inventory
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City of Montebello TTTF96006.2023
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PMM Condition Rating Criteria
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City of Montebello TTTF96006.2023
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Task 2: Design Recommendations
The Kimley-Horn team will prepare a Bus Stop Design Recommendations Report that will create a standard for the bus stops. The team will create up to five classifications for bus stops and present these in a table format. In addition to this table, an analysis will be done of these recommendations to meet regional standards. These classifications will include different aspects that improve the current state of bus stops in the Montebello Bus Lines system. These design recommendations for each classification include but are not limited to:
◢ Accessibility
◢ Visibility
◢ Traffic flow
◢ Lighting
◢ Location improvement
◢ ADA construction (if applicable)
◢ Pedestrian volume
◢ Traffic control identification
◢ Cyclist volume and usage
◢ Sidewalk repair
◢ Cost
◢ Infrastructure design (factoring in
sustainability)
◢ New Logo Integration
◢ Pick-up and drop-off location
adjustments if needed.
◢ Case study examples from other cities
TASK 2 DELIVERABLES:
 Bus Stop Design Recommendations Report
Kimley-Horn requests that the recommendations report is limited to no more than two rounds of reviews and feedback, with a maximum of five business days for each necessary review.
Task 3: Amenity Recommendations
The Kimley-Horn team will provide amenity recommendations through a Bus Stop Amenity Recommendations Report based on the survey from Task 1 and the design recommendations from Task 2 for each bus stop site. This report that will create a standard for bus stops for future improvements. The project team will create up to five amenity classifications for bus stops and present these in a table format. In addition to this table, an analysis will be done of these recommendations to meet regional standards. The amenity classifications and recommendations report will include different aspects that improve the current state of bus stops in the MBL system. Amenity recommendations will include but are not limited to:
◢ Digital signage
◢ Bus shelter solar lights
◢ Bus stops sign lights
◢ Technology integration (where applicable)
◢ ADA compliance
◢ Site improvements
◢ Bus pad installations
◢ Environmental friendliness
(where applicable)
◢ Rough order-of-magnitude (ROM)
cost estimates for improvements
◢ Standardized recommendations for
shelters and benches
◢ Title VI analysis through
KH-developed methodology
◢ Case study examples from other cities
TASK 3 DELIVERABLES:
 Bus Stop Amenity Recommendations Report
Kimley-Horn requests that the recommendations report is limited to no more than two rounds of reviews and feedback, with a maximum of five business days for each necessary review.
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PROPOSAL FOR
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City of Montebello TTTF96006.2023
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Task 4: Bus Stop Assessment for Bus Stop Improvement Project The Kimley-Horn team will assess bus stops within the City’s jurisdiction through the creation of a technical memo. There are approximately 200 bus stops within the City of Montebello. This task will be a more in-depth assessment of bus stops within the city limits and will include design factors and recommendations from Tasks 2 and 3. This assessment will be represented in a technical memo that will address and include the following:
• Design factor checklist, including alternative design options, risks and/or liabilities (local, state, federal levels, and accessibility law) • Accessibility improvement recommendations
• General improvement recommendations to increase circulation and improve overall design (inclusion of Task 2 and Task 3 factors and recommendations)
• Comprehensive overview of cost estimates for bus stops within the City’s jurisdiction and outside of the City’s jurisdiction • Line-by-line cost estimates for bus stop location improvements • Cost estimates of removal of current infrastructure
• Environmental impacts (where applicable)
• General implementation plan
TASK 4 DELIVERABLES:
 Bus Stop Assessment and Improvement Technical Memo
Kimley-Horn requests that the assessment is limited to no more than two rounds of reviews and feedback, with a maximum of five business days for each necessary review.
Task 5: Plan and Design of Development Phase/RFP Creation The Kimley-Horn team will develop a construction RFP for the Development Phase of the project. This RFP will include the elements and recommendations from Tasks 1 - 4, with guidance and coordination from Montebello Bus Lines to confirm the design and goals of the project.
This RFP will also include:
• Future cost estimates for consultant needs and each project element (based on Task 4 estimates) • Coordination with utilities
• Comprehensive design and construction schedule
• List of bus stops within the City’s jurisdiction needing improvements/upgrades, and bus lines effected by construction The Kimley-Horn team will also provide evaluation assistance to Montebello Bus Lines to choose the recommended design options to include in the RFP . This RFP will include both a draft version and final version, with the latter to be approved by the City.
TASK 5 DELIVERABLES:
 Draft Bus Stop Plan and Design RFP
 Final Bus Stop Plan and Design RFP
Kimley-Horn requests that the RFP is limited to no more than two rounds of reviews and feedback, with a maximum of five business days for each necessary review.
Prepared by:
PROPOSAL FOR
BUS STOP IMPROVEMENT PROJECT (BSIP)
Consulting Services
City of Montebello TTTF96006.2023
30
Project Schedule
Task
# Task/Subtask/Deliverables
2024
FEB MAR APR MAY JUN JUL AUG SEPT OCT NOV DEC
0 Project Management
0.1 Kickoff Meeting
0.2 Progress Reports/Invoices
0.3 Bi-Weekly Meetings
1 Bus Shelter Inventory
1.1 Bus Shelter Inventory and GIS Mapping
1.2 Bus Stop Inventory and Existing Conditions Technical Memo 2 Design Recommendations
2.1 Bus Stop Design Recommendations
3 Amenity Recommendations
3.1 Bus Stop Assessment and Improvement Technical Memo
4 Bus Stop Assessment for Bus Stop Improvement
4.1 Bus Stop Assessment and Improvement Technical Memo
5 Plan and Design of Development Phase/RFP Creation
5.1 Draft Bus Stop Plan and Design RFP
5.2 Final Bus Stop Plan and Design RFP
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PROPOSAL FOR
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City of Montebello TTTF96006.2023
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Project Controls
Project Management
Kimley-Horn has developed a project management system that benefits both you and our company. We know how much efficient project management means to our clients, so our project managers attend special ongoing training sessions to improve their project management skills and to look for ways to more efficiently serve our clients. Our internal Management Information System allows our project managers to monitor the progress of projects continuously so that “mid-course corrections” can be made as the needs of the project change.
Throughout this project, we will provide you:
• Progress reports that highlight task-related activities and also allow identification and resolution of problems or issues before they affect schedule and budget.
• Regular and concise technical reports that summarize the findings of each specific task so that project team members can continually evaluate the project’s progress.
• Reports and results of public meetings and workshops. • Ongoing electronic communications among members of the project team allowing the team to keep up with the progress of the project and upcoming meetings and activities.
• User-friendly invoices so you can stay up-to-date on all project management activities.
Quality Control
Since our founding, Kimley-Horn has aggressively pursued its commitment to quality for every task and deliverable provided by the firm. Recognizing the importance of careful quality control, Kimley-Horn developed a quality control/quality assurance (QC/QA) manual that every project manager is required to know and use. The objective of our QC/QA program will be to take steps to see that deliverables conform to your scope and that errors and omissions are reduced. Our program is based on the philosophy that:
• Quality is achieved by adequate planning, coordination, supervision, and technical direction; proper definition of the job requirements and procedures; understanding the scope of services; and the use of appropriately skilled personnel performing work functions carefully. • Quality is secured through the careful surveillance of work activities by individuals who are not directly responsible for performing the Initial efforts. • Quality is controlled by assigning a manager to evaluate all work and procedures followed while providing the services.
• Quality is verified through independent reviews by a qualified staff member of the process, procedures, documentation, supervision, technical direction, and staffing associated with the project development.
Our QC/QA program involves the review of project documents and supporting data by our project manager and key staff, who will direct individual tasks. This program includes, but is not limited to:
• A project-specific quality control plan will be developed that incorporates the contract requirements.
The quality control plan will identify the deliverables that will go through the quality review process and when these reviews will take place during the project schedule. • Project meetings and decisions will be documented by a “paper trail.” Documents will be supported by appropriate data that will clearly show choices evaluated and the basis for our recommendations. • Supporting calculations, text, or data used to develop a document will be signed and dated by the individual involved when the services are performed.
Achieved
Through adequate planning,
coordination, supervision,
and technical direction
Controlled
By assigning a manager to
evaluate all work flow
and procedures
Verified
Through independent
reviews by qualified staff
Secured
Through careful surveillance of
work activities by parties not
involved in the initial efforts
KIMLEY -HORN
QUALITY CONTROL IS
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City of Montebello TTTF96006.2023
32
• Telephone conversations and meetings that include or affect a project decision will be documented. Meeting minutes will be promptly prepared and distributed to attendees for confirmation of decisions made, and then filed after appropriate corrections are made. • Team network review will be undertaken. Team network quality control is the day-to-day peer review that is undertaken by the project team. Documents, analyses, letters, etc., are reviewed by a team member other than the individual preparing the document analyses.
Review of significant analyses and documents are provided by the task manager for each task. The individual doing the checking will sign and date the documents and prepare a record of the findings. The findings will be resolved by the originator of the document and checked again until corrected.
• Quality control review comments will be maintained in a quality assurance file. This network review will be enhanced with bimonthly full team meetings with the project manager.
Schedule and Cost Control Procedures
Kimley-Horn is well suited to manage and administer your project. We are prepared to commit the necessary resources to support the success of your efforts. Moreover, we also have the tools that tell us exactly how and when to implement these resources. While this can be perceived as an internal issue to Kimley-Horn, the tools we use to manage and administer a project are really for the client’s benefit, because a firm basis is established for on-time, within-budget delivery of all services. Schedule and budget are extremely important to Kimley-Horn, and our resources will allow us to meet the goals established for your project.
To assist our project managers in efficient administration of projects, Kimley-Horn maintains a detailed, integrated management information system (MIS). This system, designed primarily to focus on schedule adherence and cost control, has proved to be a valuable tool.
Schedule control begins with the preparation of a detailed schedule that includes milestone completion dates for specific tasks and the overall project. We will develop for your project, as we do for every project we undertake, a work plan that allocates item and person-hour commitments by individual for each task. Twice monthly, the MIS generates a Project Effort Report showing actual effort expended by task.
This internal control allows us to make, on a timely basis, any adjustments that may be necessary to maintain your schedule and stay within your budget.
Cost control is achieved through two independent processing systems within our MIS program that we integrate to provide a complete financial overview of each individual task, as well as the entire project. Project managers have a Real-Time Effort application that provides live staff time status on projects and tasks. This level of tracking allows us to control project budgets and to keep our clients fully informed of the administrative aspects of each project.
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5. Exceptions
Kimley-Horn has reviewed the sample Professional Services Agreement and would like to discuss the following modifications with the City.
SECTION 1. INCORPORATION OF RECITALS AND OTHER CONTRACT DOCUMENTS A. The above-referenced Recitals constitute a material part hereof and shall hereby be incorporated by reference. Moreover, this Agreement consists of the following documents, in order of precedence, all of which are incorporated herein and made part of this Agreement, as though fully set forth herein:
a. This Agreement.
b. RFP No. 24-7, attached hereto as Exhibit “A.”
c. CONSULTANT’S Proposal to RFP No. 24-7 dated ………., 2023, attached hereto as Exhibit “A” “B”. d. CONSULTANT’S “Best and Final Offer” to RFP No. 24-7 dated ……………., 2023, attached hereto as Exhibit “B” “C”.
e. All other documents, including but not limited to all applicable bonds, insurance certificates, permits, notices, schedules, forms, certifications, and affidavits.
The RFP is a bidding document only and not representative of the final scope, fee and contract terms negotiated between the parties and should not be included in the final agreement. Including multiple variations of the scope, fee, or terms and conditions creates confusion and inconsistencies that can create disagreements between the parties. Any specific terms and conditions included in the RFP (i.e. Federal Requirements) that need to be included in the final agreement should be specifically added to the agreement without the need to incorporate the RFP .
SECTION 2. SERVICES / COMPENSATION.
B. CONSULTANT shall complete the Scope of Services within the time set forth in the Schedule of Performance, as such is set forth in Exhibit “A” “B” hereto and incorporated fully herein by this reference.
SECTION 14. INDEMNIFICATION.
CONSULTANT agrees to, and shall defend, indemnify, protect and hold harmless, CITY […] for injuries or deaths of persons, or damage to property to the extent arising out of CONSULTANT’S negligent or wrongful act, or omission under the terms of this Agreement, except only liability arising out of the sole or active negligence of CITY. In no event shall the cost to defend charged to the CONSULTANT exceed the CON- SULTANT’S proportionate percentage of fault.
Modifications consistent with the limitations set by CA Civil Code 2782.8.
SECTION 15. INSURANCE COVERAGE.
Professional Errors and Omissions (E&O) Liability insurance appropriate to the CONSULTANT’s profession, with limit no less than Two Million Dollars and Zero Cents ($2,000,000.00) per occurrence or claim, Two Million Dollars and Zero Cents ($2,000,000.00) aggregate. Architects’ and engineers’ coverage shall be endorsed to include contractual liability. […] Contractual liability is not commercially available under any A&E professional liability policy.
The policy or policies required by this Agreement shall be issued by an insurer admitted or authorized to do business in the State of California, with a current rating of at least A: VII in the latest edition of Best’s Insurance Guide, and approved by CITY.
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Appendix
This section includes:
◢ Indemnification and Hold Harmless Agreement and Waiver of Subrogation and Contribution (Exhibit A) ◢ References (Exhibit B)
◢ Sample Certificate of Insurance (in response to Exhibit C) ◢ Cost Proposal Sheet (Exhibit D) – This form has been uploaded separately in the Cost Proposal section of the PlanetBids e-Procurement Portal
◢ Disadvantaged Business Enterprise Participation (Exhibit E) ◢ Bidder’s List of Subcontractors (Exhibit F)
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RFP No. 24-7
EXHIBIT A
INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND WAIVER OF SUBROGATION AND CONTRIBUTION Contract/Agreement/License/Permit No. or description: RFP Bus Stop Improvement Project (BSIP) Consulting Services Indemnitor(s): Kimley-Horn and Associates, Inc.
(List all names)
THE APPLICABLE INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND WAIVER OF SUBROGATION AND CONTRIBUTION will be as outlined in the final Agreement between Kimley-Horn and Associates, Inc. and the City of Montebello for this project.
To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to protect, indemnify, and hold harmless the City of Montebello and its elected officials, officers, attorneys, agents, emplo yees, designated volunteers, successors, and assigns (collectively “Indemnitees”) from and against any and all damages, costs, expenses, liabilities, clai ms, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively “Liabilities”), resul ting from any wrongful or negligent act, failure to act, error, or omission of Indemnitor or any of its offic ers, agents, servants, employees, subcontractors, material men, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to the above -referenced: RFP No. 24 -7 Bus Stop Improvement Project (BSIP) Consulting Services (the “Waiver”) or the performance or failure to perform any term, provision, covenant, or condition of the Waiver, including this indemnity provision. This indemnity provision is effecti ve regardless of any prior, concurrent, or subsequent passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Waiver and is in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee’s right to recover under this indemnity provision, and an entry of judgment against the Indemnitor shall be conclusive in favor of the Indemnitee’s right to recover under this indemnity provision. Indemnitor shall pay Indemnitees for any attorney’s fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees’ active negligence or willful misconduct to the limited extent that the underlying agreement is subject to Civil Code § 2782(a), or (b) the contracting public agency’ s active negligence to the limited exten t that the underlying agreement is subject to Civil Code § 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under the Waiver or any additional insured endorsements which may extend to Indemnitees.
City agrees to promptly inform Indemnitor in writing of any claim that City believes to be subject to this Waiver.
Indemnitor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurren t, or subsequent non-active negligence by the Indemnitees.
In the event there is more than one person or entity named in the Waiver as an Indemnitor, then all obligations, liabilities, covenants and conditions under this instrument shall be joint and several. “Indemnitor”
Name: Name:
(Print) (Print)
By: By:
(Signature) (Signature)
Title: Title:
Date: Date:
36 Gregory S. Kyle, AICP
Senior Vice President
12/21/2023
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RFP No. 24-7
EXHIBIT B
REFERENCES
List at Least Three (3) Professional References:
1 Project City/Agency/Other: Virginia Department of Rail and Public Transportation (DRPT), Modernizing Transit Fleets
Person of Contact: Daniel Wagner
Phone Number: 804.971.8011
E-mail Address: [email protected]
Address: 600 East Main Street, Suite 2102
City, State, Zip Code: Richmond, VA 23219
Description of Contract (Please
include contract value, award
date, term of contract, and
description of work):
Contract Value: $750,000
Award Date: 03/28/2023
Term of Contract: Ongoing
Description of Work: Developing a resource guide for Virginia's transit agencies that wish to transition their fleets to low-
and zero-emission vehicles. Responsibilities
include exploring fleet transition best practices
and lessons learned from industry partners and
external stakeholders; developing financing tools
for DRPT and Virginia’s transit agencies to take
advantage of available federal funding;
recommending changes to DRPT’s programs and
technical guidance for capital and technical
assistance programs; and building a framework
for making Virginia’s public transportation
workforce competitive and prosperous in a
rapidly changing economy.
2 Project City/Agency/Other: San Gabriel Valley Council of Governments (SGVCOG), San Gabriel Valley Transit Study
Person of Contact: Roy Choi
Phone Number: 626.373.2687
E-mail Address: [email protected]
Address: 4900 Rivergrade Road, Suite A120
City, State, Zip Code: Irwindale, CA 91706
Description of Contract (Please
include contract value, award
date, term of contract, and
description of work):
Contract Value: $ 2,343,933
Award Date: 06/01/2021
Term of Contract: Ongoing
Description of Work: The project was initiated through a two-phase project approach. The first phase began with
establishing the study area, defining mobility
problems, and creating initial concepts to be
screened and refined for further study. Phase I
also included ridership forecasting, high-level
cost information, and extensive community and
stakeholder outreach. It concluded with a Vision
Plan, which identified several east/west and
north/south concepts for bus rapid transit (BRT)
implementation. The second phase examines the
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City of Montebello TTTF96006.2023
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Vision Plan further, refining these concepts and
selecting a single east/west and north/south
concept. The second phase focuses on conceptual
engineering and working with stakeholder
agencies to develop lane configurations within
their existing right-of-way to accommodate high-
quality transit service.
3 Project City/Agency/Other: Orange County Transportation Authority (OCTA), Santa Ana Transit Cooperative Study
Person of Contact: Alicia Yang
Phone Number: 714.560.5362
E-mail Address: [email protected]
Address: 550 S. Main Street
City, State, Zip Code: Orange, CA 92868
Description of Contract (Please
include contract value, award
date, term of contract, and
description of work):
Contract Value: $249,400
Award Date: 04/09/2021
Term of Contract: 04/09/2021 – 01/17/2023
Description of Work: Implementation of transit improvements along the McFadden Avenue corridor and 1st Street
corridor within the City of Santa Ana. Provided a
review of current and future corridor conditions
as well as assessments of current infrastructure
relevant to TSP system components,
recommended appropriate transit supportive
strategies, and identified costs, responsibilities,
and a timeline for OCTA and the City’s future
efforts along these corridors.
37
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RFP No. 24-7
EXHIBIT B
REFERENCES
List at Least Three (3) Professional References:
1 Project City/Agency/Other: Los Angeles County Metropolitan Transportation Authority, North Hollywood to Pasadena BRT Planning and Environmental Study
Person of Contact: Scott Hartwell
Phone Number: 213.922.2836
E-mail Address: [email protected]
Address: One Gateway Plaza, Box 194
City, State, Zip Code: Los Angeles, CA 90012-2952
Description of Contract (Please
include contract value, award
date, term of contract, and
description of work):
Contract Value: $12,520,454
Award Date: 05/30/2018
Term of Contract: Ongoing
Description of Work: Kimley-Horn is the prime consultant for an 18- mile BRT project connecting the San Fernando
Valley with the San Gabriel Valley that
encompasses the North Hollywood and Eagle
Rock districts of Los Angeles along with the
Cities of Burbank, Glendale, and Pasadena. The
effort is leading the project through alternatives
analysis, CEQA environmental approval, and
preliminary engineering with the route including
a combination of street-running and freeway-
based alignments.
2 Project City/Agency/Other: Virginia Department of Rail and Public Transportation (DRPT), Virginia Transit Equity and Modernization Study & Bus Stop Analysis Person of Contact: Grant Sparks
Phone Number: 804.786.7425
E-mail Address: [email protected]
Address: 600 East Main Street, Suite 2102
City, State, Zip Code: Richmond, VA 23219
Description of Contract (Please
include contract value, award
date, term of contract, and
description of work):
Contract Value: $1,511,864
Award Date: 05/07/2021
Term of Contract: 2 years (05/07/2021 – 02/15/2023)
Description of Work: The Kimley-Horn team customized a condition assessment software application to accommodate
the features of a bus stop and allow for desktop
review of locations (KHAMS | Bus Stop).
Assessments included rating the condition and
accessibility of each stop and the presence or
absence of key features, such as sidewalks,
benches, shelters, and lighting. Locations of stops
were extracted from GTFS data, covering more
than 15,000 individual stop locations. The team
developed a vulnerable populations index (VPI)
based on US Census Tract Block Group data and
analyzed the distribution of stops by agency type,
VPI, and rural versus urban areas, to develop a
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PROPOSAL FOR
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City of Montebello TTTF96006.2023
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statistically representative sample of stops for
analysis within the application. The result of the
analysis informed the action plan and
recommendations regarding bus stop design and
basic infrastructure requirements.
3 Project City/Agency/Other: City of Oklahoma City, MAPS 4 Bus Stop Improvements Person of Contact: David Todd
Phone Number: 405.297.3461
E-mail Address: [email protected]
Address: 200 N. Walker
City, State, Zip Code: Oklahoma City, OK 73102
Description of Contract (Please
include contract value, award
date, term of contract, and
description of work):
Contract Value: $485,770
Award Date: 03/22/2023
Term of Contract: Ongoing
Description of Work: Assisting the MAPS Office in the development and design of up to 250 bus stops. In addition to
accessibility upgrades, improvements at the stops
could include new shelters, bicycle racks,
lighting, or other amenities. Services include
planning, design, and construction administration
services for each stop. Services also include
meeting with City officials, stakeholders, and user
groups as well as making presentations to the
MAPS 4 Connectivity Subcommittee, MAPS 4
Citizens Advisory Board and City Council along
with the various design review committees as
established by ordinance.
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INSR ADDL SUBR
LTR INSR WVD
DATE (MM/DD/YYYY)
PRODUCER CONTACT
NAME:
FAXPHONE
(A/C, No):(A/C, No, Ext):
E-MAIL
ADDRESS:
INSURER A :
INSURED INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY)
COMMERCIAL GENERAL LIABILITY
AUTOMOBILE LIABILITY
UMBRELLA LIAB
EXCESS LIAB
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
AUTHORIZED REPRESENTATIVE
INSURER(S) AFFORDING COVERAGE NAIC #
Y / N
N / A
(Mandatory in NH)
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
EACH OCCURRENCE $
DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GENERAL AGGREGATE $GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP/OP AGG $
$
PRO-
OTHER:
LOCJECT
COMBINED SINGLE LIMIT
$(Ea accident)
BODILY INJURY (Per person) $ANY AUTO
OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS
AUTOS ONLY
HIRED PROPERTY DAMAGE $AUTOS ONLY (Per accident)
$
OCCUR EACH OCCURRENCE $
CLAIMS-MADE AGGREGATE $
DED RETENTION $ $
PER OTH-
STATUTE ER
E.L. EACH ACCIDENT $
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below POLICY
NON-OWNED
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s).
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
CERTIFICATE HOLDER CANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03)
ACORDTM CERTIFICATE OF LIABILITY INSURANCE
National Union Fire Ins Co of Pittsburg
Allied World Assurance Co (U.S.) Inc.
New Hampshire Insurance Company
Lloyd's of London
3/28/2023
Edgewood Partners Ins. Center
3780 Mansell Rd. Suite 370
Alpharetta, GA 30022
Jerry Noyola
770-220-7699
[email protected]
Kimley-Horn and Associates, Inc.
421 Fayetteville Street, Suite 600
Raleigh, NC 27601
19445
19489
23841
085202
23-24
AX
X
X Contractual Liab
XX
GL5268169 04/01/2023 04/01/2024 2,000,000
1,000,000
25,000
2,000,000
4,000,000
4,000,000
A
AX
X X
CA4489663 (AOS)
CA2970071 (MA)
04/01/2023
04/01/2023
04/01/2024
04/01/2024
2,000,000
B X
X
X
X 10,000
03127930 04/01/2023 04/01/2024 5,000,000
5,000,000
C
C N
WC015893685 (AOS)
WC015893686 (CA)
04/01/2023
04/01/2023
04/01/2024
04/01/2024
X
1,000,000
1,000,000
1,000,000
D Professional Liab B0146LDUSA2304949 04/01/2023 04/01/2024 Per Claim $2,000,000 Aggregate $2,000,000
Evidence of Coverage
Sample Certificate
1 of 1
#S5412891/M5396840
KIMLASSClient#: 238109
JNO02
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Consulting Services
City of Montebello TTTF96006.2023
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RFP No. 24-7
EXHIBIT E
STATEMENT OF
DISADVANTAGED BUSINESS ENTERPRISE PARTICIPATION
This proposal provides for the following Disadvantaged Business Enterprise participation:
Disadvantaged Business Enterprise
Firm Name
Address
Phone Number
Type of Business
Current DBE Certification? Yes* *No
*(If "Yes," attach copy of current Letter of Certification and copy of current Statement of Personal Net Worth.)
Total $
% of Total Contract
Signature: Date:
Precision Material Management
PO Box 4749 Cerritos, CA 90703
626.327.6348
X
12/21/2023
Gregory S. Kyle, AICP
LLC
$62,496
34.58%
Prepared by:
PROPOSAL FOR
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Consulting Services
City of Montebello TTTF96006.2023
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12/5/23, 4:07 PM B2Gnow
https://californiaucp.dbesystem.com 1/1
Certified Profile
Print
Business & Contact Information
BUSINESS NAME PRECISION MATERIAL MANAGEMENT, LLC
OWNER Mr. Jason Johnson
ADDRESS 12433 Sunnycreek Ln
Ste 1700
Cerritos, CA 90703 [map]
PHONE 626-327-6348
EMAIL [email protected]
WEBSITE http://www.precisionmaterial.net
ETHNICITY Black American
GENDER Male
COUNTY Los Angeles (CA)
Certification Information
CERTIFYING AGENCY Los Angeles County Metropolitan Transportation Authority CERTIFICATION TYPE DBE - Disadvantaged Business Enterprise CERTIFIED BUSINESS DESCRIPTION Logistics and IT products and services Commodity Codes
Code Description
NAICS 493110
General Warehousing and Storage
NAICS 541614
Process, Physical Distribution, and Logistics Consulting Services NAICS 561990
All Other Support Services
Additional Information
WORK DISTRICTS/REGIONS All work districts/regions
CUCP PUBLIC DIRECTORY
CERTIFICATION NUMBER
44000
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PROPOSAL FOR
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Consulting Services
City of Montebello TTTF96006.2023
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RFP No. 24-7
42 EXHIBIT F
Bidder’s List of Subcontractors (DBE and Non-DBE)
Part I
The bidder shall list all subcontractors (both DBE and non -DBE) in accordance with Section 2 -1.054 the Standard Specification and per Title 49, Section 26.11 of the Code of Federal Regulations. This listing is required in addition to listing DBE Subcontractors elsewhere in the proposal. Photocopy this form for additional firms.
Firm Name/
Address/
City, State, ZIP
Phone/
Fax Annual Gross
Receipts
Description of Portion of Work to be
Performed
Local Agency Use Only
(Certified DBE?)
Name Phone < $1 million YES
< $5 million NO
Address < $10 million If YES list DBE #:
Fax < $15 million
City State ZIP > $15 million Age of Firm (Yrs.)
Name Phone < $1 million YES
< $5 million NO
Address < $10 million If YES list DBE #:
Fax < $15 million
City State ZIP > $15 million Age of Firm (Yrs.)
Name Phone < $1 million YES
< $5 million NO
Address < $10 million If YES list DBE #:
Fax < $15 million
City State ZIP > $15 million Age of Firm (Yrs.)
Precision Material
Management
626-
327-
6348
Bus Stop Inventory
PO Box 4749
Cerritos, CA 90703
N/A
44000
8 N/A
N/A
/uni2714
/uni2714
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RFP No. 24-7
43 Part II
The bidder shall list all subcontractors who provided a quote or bid but were not selected to participate as a subcontractor on this project. This is required for compliance with Title 49, Section 26 of the Code of Federal Regulations. Photocopy this form for additional firms.
Firm Name/
Address/
City, State, ZIP
Phone/
Fax
Annual Gross Receipts Description of Portion of Work to be Performed
Local Agency
Use Only
(Certified
DBE?)
Name Phone
< $1 million YES
< $5 million NO
Address < $10 million If YES list DBE
#:
Fax < $15 million
City State ZIP > $15 million Age of Firm
(Yrs.)
Name Phone
< $1 million YES
< $5 million NO
Address < $10 million If YES list DBE
#:
Fax < $15 million
City State ZIP > $15 million Age of Firm
(Yrs.)
N/A
N/A
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PROPOSAL FOR
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Consulting Services
City of Montebello TTTF96006.2023
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12/5/23, 4:07 PM B2Gnow
https://californiaucp.dbesystem.com 1/1
Certified Profile
Print
Business & Contact Information
BUSINESS NAME PRECISION MATERIAL MANAGEMENT, LLC
OWNER Mr. Jason Johnson
ADDRESS 12433 Sunnycreek Ln
Ste 1700
Cerritos, CA 90703 [map]
PHONE 626-327-6348
EMAIL [email protected]
WEBSITE http://www.precisionmaterial.net
ETHNICITY Black American
GENDER Male
COUNTY Los Angeles (CA)
Certification Information
CERTIFYING AGENCY Los Angeles County Metropolitan Transportation Authority CERTIFICATION TYPE DBE - Disadvantaged Business Enterprise CERTIFIED BUSINESS DESCRIPTION Logistics and IT products and services Commodity Codes
Code Description
NAICS 493110
General Warehousing and Storage
NAICS 541614
Process, Physical Distribution, and Logistics Consulting Services NAICS 561990
All Other Support Services
Additional Information
WORK DISTRICTS/REGIONS All work districts/regions
CUCP PUBLIC DIRECTORY
CERTIFICATION NUMBER
44000
Prepared by:
The entirety of this proposal, including text and images, is the property of Kimley-Horn and Associates, Inc.,
protected under U.S. copyright law. Copyright © 2023
Kimley-Horn and Associates, Inc.
CONTACT:
JOHN JACKSON
[email protected] 213.261.4034
660 South Figueroa Street, Suite 2050
Los Angeles, CA 90017
www.kimley-horn.com
ATTACHMENT D
CITY OF MONTEBELLO
PROFESSIONAL SERVICES AGREEMENT NO. 4180
WITH KIMLEY-HORN AND ASSOCIATES, INC.
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into on February 28, 2024 (“Effective Date”), by and between the CITY OF MONTEBELLO, a California municipal corporation (the “CITY”) and Kimley-Horn and Associates, Inc., an out of state corporation registered to do business in California (the “CONTRACTOR”). The CITY and the CONTRACTOR are sometimes referred to herein individual as the “Party,” and jointly as the “Parties.”
RECITALS
WHEREAS, the CITY desires to retain a qualified professional CONTRACTOR to provide a detailed analysis of the entire MBL bus stop infrastructure by conducting a comprehensive survey and inventory of all bus stops within and beyond the City's jurisdiction, while also providing design and amenity recommendations for potential improvements, including associated costs.; and WHEREAS, the CONTRACTOR represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees; and
WHEREAS, the CONTRACTOR represents the degree of specialized expertise contemplated within California Government Code, Section 37103, and is qualified to perform such services by virtue of its experience and the training, education, and expertise of its principals and employees; and WHEREAS, no official or employee of the CITY has a financial interest, within the provisions of Sections 1090 – 1092 of the California Government Code, in the subject matter of this Agreement; and
WHEREAS, CONTRACTOR responded to CITY’s Request for Proposal dated October 26, 2023 (“RFP No. 24-7”), as such is set forth fully in Exhibit “A,” attached hereto and incorporated fully herein by this reference (hereinafter “Contractor Proposal”).
NOW THEREFORE, in consideration of performance by the Parties of the covenants and conditions herein contained, the Parties hereto agree as follows:
SECTION 1. INCORPORATION OF RECITALS AND OTHER CONTRACT
DOCUMENTS
A. The above-referenced Recitals constitute a material part hereof and shall hereby be incorporated by reference. Moreover, this Agreement consists of the following documents, in order of precedence, all of which are incorporated herein and made part of this Agreement, as though fully set forth herein:
a. This Agreement comprised of Sections 1 through 25.
b. RFP No. 24-7, attached hereto as Exhibit “A.”
c. CONTRACTOR’S Proposal to RFP No. 24-7 dated December 21, 2023, attached hereto as Exhibit “B”.
d. CONTRACTOR’S “Best and Final Offer” to RFP No. 24-7 dated February 1, 2024, attached hereto as Exhibit “C”.
PROFESSIONAL SERVICES AGREEMENT NO. 4180
e. All other documents, including but not limited to all applicable bonds, insurance certificates, permits, notices, schedules, forms, certifications, and affidavits.
B. These documents shall be collectively referred to herein as the “Contract Documents.” In the event of a conflict among the Contract Documents, the order of precedence.
SECTION 2. SERVICES / COMPENSATION.
A. The CONTRACTOR shall provide to the CITY those services that are set forth fully in RFP No. 24-7 and Contractor’s Proposal, attached hereto as Exhibit “A and B” and incorporated fully herein by this reference (hereinafter “Professional Services”).
B. The CONTRACTOR shall complete the Scope of Services in a timely manner, and in accordance with an agreed-upon work schedule to be determined by the Parties.
C. CONTRACTOR shall be compensated at a sum not-to-exceed One Hundred Sixty-Nine Thousand Nine Hundred Ninety-Six Dollars ($169,996) (the “Maximum Compensation”) for the performance of the Scope of Services as set forth in Exhibit “C”. CONTRACTOR shall provide an itemized billing statement to CITY for the Scope of Services performed. The CONTRACTOR shall not incur fees or costs which exceed the Maximum Compensation without the prior written consent of the CITY.
D. The CITY will be invoiced upon completion of the Scope of Services set forth herein. Payment in full of an invoice must be received by the CONTRACTOR within thirty (30) days of the date of such invoice.
E. Work performed shall be deemed approved and accepted by the CITY as and when invoiced unless the CITY objects within fifteen (15) days of invoice date by written notice specifically stating the details in which the CITY believes such work is incomplete or defective, and the invoice amount(s) in dispute.
The CITY shall pay undisputed amounts as provided for in the preceding paragraph.
SECTION 3. TERM.
This Agreement shall commence on February 28, 2024, and shall terminate upon completion of the Scope of Services set forth herein; provided such shall be on or before February 28, 2025 (“Date of Completion”), unless such deadline is extended in writing by a further agreement between the Parties or the Agreement is terminated sooner as provided in Section 8 herein..
SECTION 4. PERFORMANCE.
a. The CONTRACTOR shall at all times, faithfully, competently, and to the best of its ability, experience, and talent, perform all tasks described herein. b. The CONTRACTOR shall employ, at a minimum, generally accepted standards and practices utilized by companies engaged in providing similar
PROFESSIONAL SERVICES AGREEMENT NO. 4180
services, as are required of CONTRACTOR hereunder, in meeting its obligations under this Agreement.
c. The CONTRACTOR shall be knowledgeable of and subject to all CITY ordinances, rules and regulations, standard operating procedures, and the supervisory chain of command.
d. The CONTRACTOR shall have the right to retain, subject to t h e CITY's approval, additional individuals, contractors or subcontractors to assist in the completion of services as herein defined. Compensation for additional individuals, contractors or subcontractors shall be the sole and exclusive responsibility of the CONTRACTOR.
e. The CONTRACTOR shall retain all original reports, field and office notes, correspondence, calculations, maps, and other documents specifically related to the services provided by the CONTRACTOR pursuant to this Agreement, other than documents which are exempt from disclosure pursuant to the attorney- client privilege or any other law. Said documents shall be made available for inspection by the CITY upon request.
SECTION 5. WORK PRODUCT.
a. The CONTRACTOR hereby agrees that all non-proprietary work product produced pursuant to this Agreement, and provided to the CITY during and upon completion of this Agreement, shall be the property of the CITY, and ownership of said work product shall be retained by the CITY. The CONTRACTOR may take and retain copies of such written p roducts as desired, but no such written products shall be the subject of a copyright application by the CONTRACTOR.
b. All data, documents, discussion, or other information developed or received by the CONTRACTOR or provided for performance of this Agreement are deemed confidential and shall not be disclosed by the CONTRACTOR without prior written consent by the CITY. The CITY shall grant such consent if disclosure is legally required. All such written products shall be returned to the CITY upon the termination or expiration of this Agreement. The CONTRACTOR agrees that the covenants contained in this Section shall survive the expiration or termination of this Agreement.
SECTION 6. EXTRA SERVICES.
No extra services over and above the Compensation shall be rendered by the CONTRACTOR under this Agreement unless such extra services first shall have been duly authorized in writing by the CITY’s City Manager (the “City Manager”).
SECTION 7. CITY SUPERVISION.
The City Manager shall have the right of general supervision of all work performed by the CONTRACTOR and shall be the CITY’s agent with respect to obtaining the CONTRACTOR’s compliance hereunder.
PROFESSIONAL SERVICES AGREEMENT NO. 4180
SECTION 8. TERMINATION.
In the event that either Party hereto fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, the non-defaulting party shall give the defaulting party written notice of the default, the nature of the default, and of the steps necessary to cure the default.
a. Termination for Cause. In the event that any of the provisions of the Agreement are violated by either party, the non-defaulting Party may terminate the Agreement by serving written notice upon the other Party, listing the violation(s) and its intent to terminate such Agreement unless within ten (10) days after the serving of such notice, such violation shall cease or be rectified, the contract shall upon the expiration of an additional thirty (30) days cease and terminate. Violations by the CONTRACTOR which cannot be corrected within ten (10) days, said contract shall at the option of the CITY cease and terminate upon the giving of like notice. In the event of any such termination for default by the CONTRACTOR, the CITY may take over the work and prosecute the same to completion by contract or otherwise for the account and at the expense of the CONTRACTOR. The CONTRACTOR and his sureties shall be liable to the CITY for any excess cost occasioned in the event of any such termination. This change shall not be construed to prevent the termination, for other causes authorized by law or other provisions of this contract.
In the event of a termination for cause, the CONTRACTOR shall only be entitled to the Compensation for those Professional Services satisfactory performed on or before the effective date of termination.
b. Termination for Convenience. The CITY shall have the option, at its sole discretion and without cause, to terminate this Agreement in whole, or in part, by giving ten (10) business days’ written notice to the CONTRACTOR. Upon the termination of this Agreement as provided herein, the CITY shall provide to the CONTRACTOR the part of Compensation which would otherwise be payable to the CONTRACTOR for services the CONTRACTOR had completed as of the date of termination, less the amount of all previous payment with respect to the Compensation. Further, upon such a termination for convenience by the CITY, the Parties agree that the CONTRACTOR shall be reimbursed for any “non- refundable” costs that the CONTRACTOR has incurred for its services under this Agreement, provided that: (1) such “non- refundable” costs were incurred by the CONTRACTOR prior to the date of termination, and (2) that t h e CONTRACTOR provides the CITY with adequate proof that the CONTRACTOR incurred the costs, and is unable to be seek a refund for such costs. Such “non- refundable” costs may include, but are not limited to, travel reservations incurred by the CONTRACTOR for its performance of services under this Agreement. The CONTRACTOR agrees to cease all work under this Agreement on or before the effective date of any notice of termination.
SECTION 9. EMPLOYMENT OF CITY EMPLOYEES.
No regular employee of the CITY shall be employed by the CONTRACTOR during the term of this Agreement.
SECTION 10. NON-LIABILITY OF CITY OFFICIALS AND EMPLOYEES.
No official or employee of the CITY shall be personally liable to the CONTRACTOR in the event of any default or breach by the CITY, or for any amount which may become due to the CONTRACTOR.
PROFESSIONAL SERVICES AGREEMENT NO. 4180
SECTION 11. INDEPENDENT CONTRACTOR.
a. The CONTRACTOR is and shall, at all times, remain as to the CITY a wholly independent contractor. Neither the CITY nor any of its elected officials, officers, employees, or agents shall have control over the conduct of the CONTRACTOR except as expressly set forth in this Agreement. The CONTRACTOR shall not at any time or in any manner represent that he or she is in any manner an elected official, officer, employee, or agent of the CITY. No employee benefits shall be available to the CONTRACTOR in connection with the performance of this Agreement. Except as provided in this Agreement, the CITY shall not pay salary, wages, or other compensation to the CONTRACTOR for performance hereunder for the CITY, the CITY shall not be liable for compensation to the CONTRACTOR, the CONTRACTOR’s employees or the CONTRACTOR’s subcontractors for injury or sickness arising out of performing services hereunder.
b. The parties further acknowledge and agree that nothing in this Agreement shall create or be construed to create a partnership, joint venture, employment relationship or any other relationship except as set forth in this Agreement.
c. The CITY shall not deduct from the Compensation paid to the CONTRACTOR any sums required for Social Security, withholding taxes, FICA, state disability insurance or any other federal, state or local tax or charge which may or may not be in effect or hereinafter enacted or required as a charge or withholding on the compensation paid to the CONTRACTOR. The CITY shall have no responsibility to provide the CONTRACTOR, its employees or subcontractors with workers’ compensation insurance or any other insurance.
SECTION 12. CalPERS ANNUITANTS AND ELIGIBILITY INDEMNITY. a. If the CONTRACTOR is a California Public Employees’ Retirement System (“CalPERS”) annuitant, the CONTRACTOR must provide the City with written notification of such fact a minimum of 14 calendar days prior to commencement of services under this Agreement. Failure to provide such notification may result in termination of the Agreement, and any penalties or other costs relating thereto shall be borne by the CONTRACTOR. If this Agreement remains in place, the CONTRACTOR shall execute any amendment(s) to this Agreement requested by the City in order to comply with all laws and regulations applicable to CalPERS annuitants.
b. In the event that the CONTRACTOR or any employee, agent, or subcontractor of the CONTRACTOR providing services under this Agreement claims or is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the CITY, the CONTRACTOR shall indemnify, defend, and hold harmless the CITY for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of t h e CONTRACTOR 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 the CITY. c. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, the CONTRACTOR and any of its
PROFESSIONAL SERVICES AGREEMENT NO. 4180
employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by t h e CITY, including but not limited to eligibility to enroll in PERS as an employee of the CITY and entitlement to any contribution to be paid by t h e CITY for employer contribution and/or employee contributions for PERS benefits.
SECTION 13. LEGAL RESPONSIBILITIES.
The CONTRACTOR shall at all times observe and comply with all applicable laws, ordinances, codes, and regulations of the federal, state, and local governments including, but not limited to the Montebello Municipal Code. The CITY, and its appointed or elected officers, employees, or agents, shall not be liable at law or in equity occasioned by failure of the CONTRACTOR to comply with this section.
SECTION 14. INDEMNIFICATION.
The CONTRACTOR agrees to, and shall defend, indemnify, protect and hold harmless, the CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers from and against any and all claims, demands, lawsuits, defense costs, civil, penalties, expenses, causes of action, and judgments at law or in equity, or liability of any kind or nature which the CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers may sustain or incur or which may be imposed upon them for injuries or deaths of persons, or damage to property t o t h e e x t e n t c a u s e d b y t h e CONTRACTOR’s negligent or wrongful act, or omission under the terms of this Agreement.
SECTION 15. INSURANCE COVERAGE.
a. During the term of this Agreement, the CONTRACTOR shall carry, maintain, and keep in full force and effect insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with CONTRACTOR’s performance of this Agreement. Such insurance shall be of the types and in the amounts as set forth below:
Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis for bodily injury and property damage, including products-completed operations, personal injury, and advertising injury, with limits no less than Two Million Dollars and Zero Cents ($2,000,000), combined single limits, per occurrence. If a general aggregate limit applies, the limit shall be twice the required occurrence limit. Business Automobile Liability Insurance: If applicable, Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if the CONTRACTOR has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage. Worker 's Compensation insurance as required by the laws of the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. Professional Liability insurance appropriate to the
PROFESSIONAL SERVICES AGREEMENT NO. 4180
CONTRACTOR’S profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Such coverage may be combined with the Commercial General Liability limits.
b. The CONTACTOR shall require each of its subcontractors, if any, to maintain insurance coverage that meets all of the requirements of this Agreement. c. The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a current rating of at least A:VII in the latest edition of Best's Insurance Guide.
d. Each insurance policy required above shall state that coverage shall not be canceled, except after thirty (30) days’ prior written notice (ten [10] days for non-payment) has been given to the CITY. The CONTRACTOR agrees that if it does not keep the aforesaid insurance in full force and effect the CITY may either (i) immediately terminate this Agreement for Cause; or (ii) take out the necessary insurance and pay, at the CONTRACTOR’s expense, the premium thereon. e.Evidence of Insurance prior to commencement. The Contractor shall provide to the CITY Certificate(s) of Insurance evidencing such coverage together with copies of the required policy endorsements no later than five (5) business days prior to commencement of service and upon renewal of any policy. Unreasonable failure to provide such evidence may be cause for termination of the Agreement as provided herein or delay the services’ commencement date. The evidence of insurance shall be U.S. mail or email to:
City of Montebello
Attn: Risk Manager
1600 West Beverly Boulevard
Montebello, CA 90640
Email: [email protected]
f. Coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits, non-renewed, or materially changed for any reason, without thirty (30) days prior written notice thereof given by the insurer to the CITY by U.S. mail, or by personal delivery, except for nonpayment of premiums, in which case ten (10) days prior notice shall be provided.
g.Evidence of Insurance during the entire term of the Agreement. At all times during the term of this Agreement, the CONTRACTOR shall maintain on file with the CITY’s Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and naming the CITY as an additional insured. The CONTRACTOR shall, prior to commencement of work under this Agreement, file with the CITY’s Risk Manager such certificate(s). h. The CONTRACTOR shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two (2) weeks prior to the expiration of the coverages. i. The CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers shall be included as additional insureds, to the extent of CONTRACTOR’S indemnification obligations under this Agreement and up to the required insurance coverage amount, on the CONTRACTOR’s general liability and automobile policies of insurance
PROFESSIONAL SERVICES AGREEMENT NO. 4180
j. The general l i a b i l i t y a n d a u t o m o b i l e p o l i c i e s o f insurance required by this Agreement shall contain an endorsement including the CITY, its officers, employees, agents and volunteers as additional insureds where required by written contract. Coverage may be provided by a blanket endorsement that covers additional insureds where required by written contract. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty days’ prior written notice to the CITY. The CONTRACTOR agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.
k. The insurance provided by the CONTRACTOR shall be primary to any coverage available to the CITY. Any insurance or self-insurance maintained by the CITY, its officers, employees, agents, or volunteers, shall be in excess of CONTRACTOR’s insurance and shall not contribute with it. l. All insurance coverage provided pursuant to this Agreement shall not prohibit the CONTRACTOR, and CONTRACTOR’s employees, agents or subcontractors, from waiving the right of subrogation prior to a loss. The CONTRACTOR hereby waives all rights of subrogation against the CITY. m. Any deductibles or self-insured retentions must be declared to and approved by the CITY. Approval of self-insured retentions and deductibles shall not be unreasonably withheld upon CONTRACTOR’s demonstration of financial capacity to carry said deductibles and self-insured retentions. At the option of the CITY, the CONTRACTOR shall procure a financial guarantee of CONTRACTOR’s parent company guaranteeing payment of losses and related claims investigation, administration and defense expenses that fall within the policy self-insured retentions and deductibles.
n. Procurement of insurance by the CONTRACTOR shall not be construed as a limitation of the CONTRACTOR'S liability or as full performance of CONTRACTOR’s duties to indemnify, hold harmless and defend under the indemnity covenants of this Agreement.
SECTION 16. SUBCONTRACT, ASSIGNMENT OR DELEGATION.
The CONTRACTOR shall not subcontract, delegate, or assign its duties or rights hereunder, either in whole or in part, without the prior written consent of the CITY.
Any proposed subcontract, delegation, or assignment shall provide a description of the services to be covered, identification of the proposed sub-contractor, delegee, or assignee, and an explanation of why and how the same was selected, including the degree of competition involved.
Any subcontract, delegation or assignment shall be made in the name of the CONTRACTOR and shall not bind or purport to bind the CITY and shall not release the CONTRACTOR from any obligations under this Agreement including, but not limited to, the duty to properly supervise and coordinate the work of employees, assignees, delegees or sub-contractors. No such subcontract, delegation or assignment shall result in any increase in the amount of total compensation payable to the CONTRACTOR under the Agreement.
PROFESSIONAL SERVICES AGREEMENT NO. 4180
SECTION 17. NO WAIVER.
Waiver by any party hereto of any term, condition or covenant of this Agreement shall not constitute the waiver of any other term, condition, or covenant hereof.
SECTION 18. DISPUTE RESOLUTION; GOVERNING LAW.
Disputes regarding the interpretation or application of any provision(s) of this Agreement shall, to the extent reasonably feasible, be resolved through good faith negotiations between the Parties. If any action at law or in equity is brought to enforce this Agreement or because of alleged dispute, breach, default or misrepresentation in connection with the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney’s fees, expert fees, costs and necessary disbursements incurred in that action or proceeding, in addition to such other relief as may be sought and awarded. The venue for any litigation shall be County of Los Angeles, California. The Parties agree that the covenants contained in this Section shall survive the expiration or termination of this Agreement.
SECTION 19. ATTORNEY’S FEES AND COSTS.
If litigation is reasonably required to enforce or interpret the provisions of this Agreement, the prevailing party in such litigation shall be entitled to an award of reasonable attorney's fees and costs in addition to any other relief to which it may be entitled.
SECTION 20. WARRANTIES.
Each of the parties represents and warrants to one another as follows:
a. It has received independent legal advice from its attorneys with respect to the advisability of entering into and executing this Agreement; b. In executing this Agreement, it has carefully read this Agreement, knows the contents thereof, and has relied solely on the statements expressly set forth herein and has placed no reliance whatsoever on any statement, representation, or promise of any other party, or any other person or entity, not expressly set forth herein, nor upon the failure of any other party or any other person or entity to make any statement, representation or disclosure of any matter whatsoever; and c. It is agreed that each party has the full right and authority to enter into this Agreement, and that the person executing this Agreement on behalf of either party has the full right and authority to fully commit and bind such party to the provisions of this Agreement.
SECTION 21. MISCELLANEOUS.
a. The descriptive paragraph headings of this Agreement are included for purposes of convenience only and shall not control or affect the construction of interpretation of any of its provisions.
b. Whenever the context hereof shall so require, the singular shall include the plural, the male gender shall include the female gender, and the neuter and vice versa.
PROFESSIONAL SERVICES AGREEMENT NO. 4180
c. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein.
d. The representations and warranties made by the parties to this Agreement shall survive the consummation of the transaction herein described. e. This Agreement may be signed in any one or more counterparts all of which taken together shall be but one and the same Agreement. Any signed copy of this Agreement or of any other document or agreement referred to herein, or copy or counterpart thereof, delivered by facsimile transmission, shall for all purposes be treated as if it were delivered containing an original manual signature of the party whose signature appears in the facsimile and shall be binding upon such party in the same manner as though an originally signed copy had been delivered. f. Each of the parties acknowledges that it has been represented by independent counsel of its own choosing, or if it has not been so represented, it has been admonished to obtain independent counsel and has freely and voluntarily waived and relinquished the right to counsel. Each party who has not obtained independent counsel acknowledges that the failure to have independent legal counsel will not excuse such party’s failure to perform under this Agreement or any agreement referred to in this Agreement.
SECTION 22. NOTICE.
All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered via e- mail (an “Electronic Notice” as further defined below), personally or on the second (2nd) business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals hereunder shall be given to the following addresses or such other addresses as the Parties may designate by written notice:
If to CITY: City of Montebello
Attn: Raul Alvarez, City Manager
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887-1200
With a copy to: City of Montebello – Montebello Bus Lines Attn: Adrianna Kendricks, Director of Transportation
400 South Taylor Avenue
Montebello, CA 90640
(323) 558 -1625 x 201
[email protected]
PROFESSIONAL SERVICES AGREEMENT NO. 4180
If to Contractor: Kimley-Horn and Associates, Inc
Attn: Gregory S. Kyle, AICP, Senior Vice President
660 South Figueroa Street, Suite 2050
Los Angeles, CA 90017
(213)-261-4109
[email protected]
An electronic communication (“ Electronic Notice”) shall be deemed written notice for purposes of this section if sent to the electronic mail address specified above. Electronic Notice shall be deemed received at the time the party sending Electronic Notice receives verification of receipt by the receiving party. Any party receiving Electronic Notice may request and shall be entitled to receive the notice on paper, in a nonelectronic form.
SECTION 23. NON-DISCRIMINATION AND EQUAL OPPORTUNITY
EMPLOYER.
In the performance of this Agreement, the CONTRACTOR shall not discriminate against any employee, sub-contractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, mental condition or sexual orientation. The CONTRACTOR will take affirmative action to ensure that sub- contractor and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.
SECTION 24. CONFLICT OF INTEREST.
The CONTRACTOR covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by the CONTRACTOR under this Agreement, or which would conflict in any manner with the performance of its services hereunder. The CONTRACTOR further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, the CONTRACTOR shall avoid the appearance of having any interest that would conflict in any manner with the performance of its services pursuant to this Agreement.
The CONTRACTOR covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of services to t h e CITY as a result of the performance of this Agreement, or the services that may be procured by the CITY as a result of the recommendations made by the CONTRACTOR. The CONTRACTOR's covenant under this section shall survive the termination of this Agreement.
SECTION 25. ENTIRE AGREEMENT.
This Agreement contains the entire understanding between the CITY and the CONTRACTOR. Any prior agreements, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to this Agreement shall be effective only if in writing and signed by each party. If any
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term, condition, or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall be valid and binding.
[SIGNATURE PAGE TO FOLLOW]
PROFESSIONAL SERVICES AGREEMENT NO. 4180
IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above. (“CITY”) (“CONTRACTOR”)
CITY OF MONTEBELLO, a California
municipal corporation
KIMLEY-HORN AND ASSOCIATES,
INC
Raul Alvarez, City Manager Gregory S. Kyle, AICP, Senior Vice President
Date: ___________ Date: ____________
ATTEST:
Christopher Jimenez, City Clerk
APPROVED AS TO FORM:
Arnold M. Alvarez-Glasman, City Attorney
PROFESSIONAL SERVICES AGREEMENT NO. 4180
EXHIBITS
Exhibit A – RFP No. 24-7
Exhibit B – Contractor’s Proposal to RFP No. 24-7 dated December, 21, 2023
Exhibit C – Contractor’s “Best and Final Offer” to RFP No. 24-7 dated February 1, 2024
Exhibit “A”
RFP No. 24-7
Exhibit “B”
CONTRACTOR’S PROPOSAL TO
RFP NO. 24-7 DATED DECEMBER, 21, 2023
Exhibit “C”
CONTRACTOR’S “BEST AND FINAL OFFER” TO
RFP NO. 24-7 DATED FEBRUARY 1, 2024
ITEM # 9
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager
BY: Adrianna Kendricks, Director of Transportation
SUBJECT: APPROVE AGREEMENT NO. 4183 WITH NEW FLYER OF AMERICA, INC. TO PURCHASE THREE, FORTY-FOOT, HEAVY DUTY
HYDROGEN FUEL CELL TRANSIT BUSES
DATE: February 28, 2024
RECOMMENDATION(S):
It is recommended that the City Council:
1. Approve Agreement No. 4183 with New Flyer of America, Inc. (New Flyer), to purchase three (3), forty-foot (40’), Heavy Duty Hydrogen Fuel Cell Transit Buses; and
2. Authorize the City Manager and/or their designee to approve change orders for up to two percent (2%) of the total agreement amount; and
3. Take such additional, related action that may be desirable.
FISCAL IMPACT:
The three (3) Fuel Cell Electric Buses (FCEBs) will be purchased using Federal Transit Administration (FTA) grant CA-2023-202-00, Fiscal Year 2013 State Transit Assistance (STA) Capital Reserves, and grant funds available in Senate Bill 1 (SB1)/State Transit Assistance (STA) originally awarded in Fiscal Year 2022-23 (SB1/STA FY 22/23). There is a total funding allocation of $4,910,913 in the designated grants. The estimated cost to purchase the three (3) transit buses is Four Million, Seven Hundred Fifty-Three Thousand, Seven Hundred and Seven Dollars $4,753,707, including a two percent (2%) contingency. The table below specifies the funding sources, account numbers, and the corresponding amounts to be utilized from each funding source: