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PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF RIALTO AND
KIMLEY-HORN AND ASSOCIATES, INC.
THIS SERVICES AGREEMENT (herein “Agr eement”) is made and entered into this _9th_ day of January, 2024, by and bet ween the City of Ria lto, a municipal corporation and California general law city (“City”), and Kimley-Horn and Associates, Inc., a California corporation (“Consultant”). City and Consultant are sometimes individually referred to as “Party” or collectively as “Parties”.
RECITALS
A. City has sought, by Request for Pr oposals No. 24-008, the performance of professional services related to the developm ent of the Safe Streets for all Action Plan, City Project No. 230810, as defined and describ ed particularly in Article 1 of this Agreement.
B. Following the submission of a proposal for the performance of the services defined and described particularly in Article 1 of this Agreement, Consultant was selected by the City to perform those services.
C. Pursuant to Chapter 2.48 of the Rialt o Municipal Code, City has authority to enter into and execute this Agreement.
D. The Parties desire to formalize t he selection of Consultant for the performance of those services defined and descr ibed particularly in Article 1 of this Agreement and desire that the te rms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, Consultant shall provide those professional services associated with the development of the Safe Streets for all Action Plan, City Project No. 230810, and as specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which services may be referred to herein as the “services” or “work” hereunder. As a material inducement for City to enter into this Agreement, Consul tant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, it meets all local, state, and federal requirements in perfo rming the services, and it is experienced in performing the work and services contemplated herein. Consultant shall Page-2 Revised 7/27/23
at all times faithfully, com petently, and to the best of its ability, experience, and talent, perform all services described herein. Consul tant covenants that it shall follow the professional standards in performing the work and services required hereunder and that all materials will be of good quality, fit for th e purpose intended. For purposes of this Agreement, the phrase “professional standards” shall mean those standards of practice recognized by one or more experienced firms performing similar work under similar circumstances.
1.2 Consultant’s Proposal.
The Agreement between the Parties shall consist of the following: (1) this Agreement; (2) the Scope of Services; (3) the City’s Request for Proposals No. 24-008; and, (4) the Consultant’s signed, original proposal submitt ed to the City (“Consultant’s Proposal”), (collectively referred to as th e “Contract Documents”). The Contract Documents and Accepted Proposal shall be inco rporated herein by this reference as though fully set forth herein. In the event of any incons istency between the Scope of Services, Consultant’s Proposal, and/or this Agreement, the terms of this Agreement shall govern.
1.3 Compliance with Law.
Consultant shall keep itself informed c oncerning, and shall re nder all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any federal, state, or local governmental entity having jurisdiction in effect at the time service is rendered.
1.4 Licenses, Permits, Fees, and Assessments.
Consultant shall obtain, at its sole co st and expense, such licenses, permits, and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant’s performance of the services required by this Agreement, and shall indemnify, defend, and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes penalties, or interest levied, assessed, or imposed against City hereunder.
1.5 Familiarity with Work.
By executing this Agreement, Consult ant warrants that Consultant (i) has thoroughly investigated and cons idered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties, and restrictions a ttending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fu lly acquainted with the conditions there existing, prior to commencem ent of services hereunder . If Consultant discovers any latent or unknown conditions t hat will materially affect the performance of the services hereunder, then Cons ultant shall immediately in form the City of such fact and shall not proceed except at City’s risk until written instructions are received from the Contract Officer.
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1.6 Care of Work.
Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the wo rk, and the equipment, materials, papers, documents, plans, studies, and/or other co mponents thereof, to prevent losses or damages, and shall be responsible for all su ch damages to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence.
1.7 Prevailing Wages.
Consultant is aware of the requirements of California Labor Code Section 1720, et seq. and 1770, et seq., as well as California Code of R egulations, Title 8, Section 1600, et seq., (“Prevailing Wage Laws”), which require the payment of pr evailing wage rates and the performance of other requirements on “Public Works” and “Maintenance” projects. It is the understandi ng of City and Consultant that the Prevailing Wage Laws may not apply to this Agreement because t he Agreement does not involve any services subject to prevailing wage rates pursuant to the California Labor Code or regulations promulgated thereunder. However, Consultant shall defend, indemnify, and hold City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or all eged failure to comply with the Prevailing Wage Laws.
1.8 Further Responsibilities of Parties.
Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless specified in this Agreement, neither Party shall be responsible for the service of the other.
1.9 Additional Services.
City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to , or deducting from said work. No such extra work or change may be undertaken unless a written order is first given by the Contract Officer to the Consultant, describin g in detail the extra work or change and the reason(s) therefor and incorpor ating therein any adjustment in (i) the Contract Sum for the actual cost of the extra work or change, and/or (ii) the time to perform this Agreement, which said adjustments shall be reflected in an amendment to the Agreement subject to the written approval of the Parties. Any amendment to this Agreement shall be reviewed and approved by the City Manager. In accordance with Rialt o Municipal Code section
2.48.180, increases in compensation of th is Agreement may be approved by the City Manager provided: (a) the initial Contract Sum was less than One Hundred Thousand Dollars ($100,000) and the amended Contract Sum when considering any or all amendments will not exceed One Hundred T housand Dollars ($100,000); or (b) the agreement was approved by the City Council and the increases in compensation taken either separately or cumulatively do not exceed One Hundred Thousand Dollars ($100,000). Any greater increases , taken either separately or cumulatively must be Page-4 Revised 7/27/23
approved by the City Council. Payment for additional services rendered by Consultant under this Agreement requires the submission of the actual cost s of Consultant’s performance of the extra work with the invoice(s) for the extra work claim(s), as provided in Section 2.4. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Se rvices. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors.
No claim for an adjustment in the contract amount or time for performance shall be valid unless the procedures established in this Section are followed.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Cos t Proposal” attached hereto as Exhibit “B” and incorporated herein by this reference. For the Initial Phase of Services (Pre- Construction), upon commencement of this Agreement the total compensation, including reimbursement for actual expenses, shall not exceed Three hundred nineteen thousand seven hundred fifteen dollars and twenty nine cents ($319,715,29), (the “Contract Sum”).
The Contract Sum may also be increased for additional services pursuant to Section 1.9.
2.2 Method of Compensation.
The method of compensation may includ e: (i) a lump sum payment upon completion; (ii) payment in accordance wi th specified tasks or the percentage of completion of the services; (iii) paym ent for time and materials based upon the Consultant’s rates as specified in the Sc hedule of Compensation, provided that time estimates are provided for the performance of sub tasks, but not exceeding the Contract Sum; or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall in clude the attendance of Consultant at all project meetings reasonably deemed necessary by the City. Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by Page-5 Revised 7/27/23
City’s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipmen t, supplies, and sub-contractor contracts.
Sub-contractor charges shall al so be detailed by such catego ries. Consultant shall not invoice City for any duplicate services performed by more than one person.
City may independently review each invoic e submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within thirty (30) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be retur ned by City to Consultant for correction and resubmission.
2.5 No Waiver.
Review and payment by City to Consultant of any invoic e for work performed by Consultant pursuant to this Agreement shall not be deemed a waiver of any defects in work performed by Consultant or of any ri ghts or remedies prov ided herein or any applicable law.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perfor m all services within the time period(s) established in the “Schedule of Pe rformance” attached hereto as Exhibit “C” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performanc e may be approved in writing by the Contract Officer.
3.3 Force Majeure.
The time period(s) specified in the Sc hedule of Performance for performance of the services rendered pursuant to this Ag reement shall be extended because of any delays due to unforeseeable causes bey ond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embar goes, wars, litigation, and/or acts of any governmental agency, including t he City, if the Consultant s hall, within ten (10) days of the commencement of such delay, notify the Cont ract Officer in writing of the causes of Page-6 Revised 7/27/23
the delay. The Contract Officer shall ascert ain the facts and the ex tent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer shall extend the time for performance in accordanc e with the procedures set forth in Section
1.9. The Contract Officer’s determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Cons ultant be entitled to recover damages against the City for any delay in the performanc e of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.
3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect through completion of the services related to Request for Proposals No. 24-008, (the “Project”), and as identified in the Schedule of Performance, Exhibit “C”.
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Consultant.
The following principals of Consultant (“Principals”) are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
(Name) (Title)
(Name) (Title)
It is expressly understood that the ex perience, knowledge, capability, and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement. Therefore, t he Principals shall be responsib le during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only co mpetent personnel to perform services pursuant to this Agreement . Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the serv ices required under this Agr eement. Consultant shall notify City of any changes in Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires to reassign any staff or subcontractor of Consultant, Consultant shall, immediately upon a Reassign Notice from City of such desire of City, reassign such persons or persons.
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4.2 Status of Consultant.
Consultant shall have no authority to bi nd City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressl y conferred under this Agreement or is otherwise expressly conferred in writing by City. C onsultant shall not at any time or in any manner represent that Cons ultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers , employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care, or any other benefits whic h may otherwise accrue to City’s employees. Consultant expressly waives an y claim Consultant may have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be the City Manager or other such person designated by the City Manager. It shall be the Consultant’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Contract Officer.
Unless otherwise specified herein, any appr oval of City requir ed hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City M anager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.4 Independent Contractor.
Neither the City nor any of its employees shall have any control over the manner, mode, or means by which Consultant, it s agents or employees, perform the services required herein, except as otherwise set fort h herein. City shall have no voice in the selection, discharge, supervi sion or control of Consult ant’s employees, servants, representatives, or agents, or in fixing their number, compensat ion, or hours of service.
Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contra ctor with only such obligations as are consistent wit h that role. Consultant sha ll not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a join t venturer or a me mber of any joint enterprise with Consultant.
4.5 Prohibition Against Subc ontracting or Assignment.
The experience, knowledge, capability, and reputation of Consultant, its principals and employees were a substantial inducement fo r the City to enter into this Agreement.
Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written appr oval of the City. In addition, neither this Agreement nor any in terest herein may be transferred, assigned, conveyed, hypothecated, or enc umbered voluntarily or by oper ation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty fi ve percent (25%) of the pres ent ownership and/or control Page-8 Revised 7/27/23
of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the C onsultant or any surety of Consultant of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE, I NDEMNIFICATION AND BONDS
5.1 Insurance Coverages.
The Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to Cit y, during the entire term of this Agreement including any extension thereof, the following policies of in surance which shall cover all elected and appointed officers, employees, and agents of City:
(a) Comprehensive General Liabili ty Insurance (Occurrence Form CG0001 or equivalent). A policy of comprehensiv e general liability insurance written on a per occurrence basis for bodily injury, personal injury, and property damage. The policy of insurance shall be in an amount not less than $1,000,000.00 per occurrence or if a general aggregate limit is used, then th e general aggregate limit shall be twice the occurrence limit.
(b) Worker’s Compensation Insur ance. A policy of worker’s compensation insurance in such amount as will fully comply with the laws of the State of California and which shall i ndemnify, insure, and provi de legal defense for both the Consultant and the City against any loss, clai m, or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Consultant in the course of carrying out the work or services contemplated in this Agreement.
(c) Automotive Insurance (Form CA 0001 (Ed 1/87) including “any auto” and endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance written on a per occurrence for bodily injury and property damage in an amount not less than $1,000,000. Said policy shall include coverage for owned, non-owned, leased, and hired cars.
(d) Professional Liabilit y. Professional liability insurance appropriate to the Consultant’s profession. This cover age may be written on a “c laims made” basis.
The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of, or related to services performed under this Agreement. The insurance must be maintained for at least 5 consecutive years following the completion of Consultant’s services or the termination of this Agreement.
During this additional 5-year period, Consultant shall annual ly and upon request of the City submit written evidence of this continuous coverage. (e) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements.
(f) Subcontractors. Consultant s hall include all subcontractors as insureds under its policies or shall furn ish separate certific ates and certified Page-9 Revised 7/27/23
endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
5.2 General Insurance Requirements.
All of the above policies of insurance with the exception of professional liability and worker’s compensation shall be primary insurance and sha ll name the City, its elected and appointed officers, employees, and agents as additional insureds, and any insurance maintained by City or its officers, employees, or agents shall apply in excess of, and not contribute with, Consultant’s insurance. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the City, its officers, employees, and agents and their respective insurers. The in surance policy must specify that where the primary insured does not sati sfy the self-insured retenti on, any additional insured may satisfy the self-insured retention. All of said policies of in surance shall provide that said insurance may not be amended or cancelled by the insurer or any Party hereto without providing thirty (30) days prior written notice by certified ma il return receipt requested to the City. In the event any of said policies of insurance are cancelled, the Consultant shall, prior to the cancellation date, submit new evidence of in surance in conformance with Section 5.1 to the Contract Of ficer. No work or services under this Agreement shall commence until the Consultant has provided t he City with Certificates of Insurance or appropriate insurance binders evidencing t he above insurance coverages and said Certificates of Insurance or binders are approved by the City. City reserves the right to inspect complete, certified copies of all re quired insurance policies at any time. Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City.
City, its respective elected and appointed offi cers, directors, officials, employees, agents and volunteers are to be co vered as additional insureds as respects: liability arising out of activities Consultant perfo rms; products and comple ted operations of Consultant; premises owned, occupied or us ed by Consultant; or automobiles owned, leased, hired or borrowed by Consultan t. The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, employees or volunteers. 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, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims. The Consultant agrees that the r equirement to provide insurance shall not be construed as limiting in any way the extent to which the Consultant may be held responsible for the payment of damages to any persons or property resulting from the Consultant’s activities or the activities of any person or persons for which the Consultant is otherwise responsible nor shall it limit t he Consultant’s indemnification liabilities as provided in Section 5.3.
In the event the Consultant subcontracts any portion of the work in compliance with Section 4.5 of this Ag reement, the contract between the Consultant and such Page-10 Revised 7/27/23
subcontractor shall require the subcontractor to maintain the same policies of insurance that the Consultant is required to maintain pu rsuant to Section 5.1, and such certificates and endorsements shall be provided to City.
5.3 Indemnification.
To the full extent permitted by law, Cons ultant agrees to indemnify, defend, and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against any and all actions, either judi cial, administrative, arbitr ation or regulatory claims, damages to persons or property, losses, cost s, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claim s or liabilities”) that may be asserted or claimed by any pers on, firm or entity arising out of or in connection with the negligent performance of the work, operations, or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors ”), arising from Consultant’s reckless or willful misconduct, or arising from Consultant ’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant, or condition of this Agreement, and in connection therewith:
(a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(b) Consultant will prom ptly pay any judgment rendered against the City, its officers, agents, or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Cons ultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom; (c) In the event the City, its offi cers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents, or employees, any and all costs and expenses incurred by the City, its officers, agents, or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.
Consultant shall incorporate similar, indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with thes e provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional serv ices hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest ex tent permitted by law, shall appl y to claims and liabilities resulting in part from City’s negligence, except that des ign professionals’ indemnity hereunder shall be limited to claims and li abilities arising out of the negligence, recklessness, or willful misconduct of the des ign professional. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.
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5.4 Sufficiency of Insurer or Surety.
Insurance required by this Agreement sha ll be satisfactory only if issued by companies qualified to do business in California , rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the Cit y (“Risk Manager”) due to unique circumstances. If this Agreement continues for more than 3 years dur ation, or in the event the Risk Manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of lo ss to the City, the Consult ant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the Risk Manager Consultant.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Consultant shall keep, and require subcontractors to keep, such ledgers books of accounts, invoices, vouchers, canceled c hecks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services.
Any and all such documents shall be maintai ned in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy , audit and make records and transcripts from such records. Such records shall be maintained for a period of 3 years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissoluti on of Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest.
6.2 Reports.
Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the serv ices required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledg es that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or event s that may or will materially increase or decrease the cost of the work or services contemplated herein or , if Consultant is providing design services, the cost of th e project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consul tant is providing design services, the estimated increased or decreased cost estimate for the project being designed.
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6.3 Ownership of Documents.
All drawings, specifications, maps, designs , photographs, studies, surveys, data, notes, computer files, reports, records, documents and ot her materials (the “documents and materials”) prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any us e, reuse or assignment of such completed documents for other projects and/ or use of uncomplet ed documents without specific written authorization by the Consultant will be at the City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use, reuse or assignment. Cons ultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts em bodied therein. All subcontractors shall provide for assignment to City any documents or materials prepared by them, and in the event Cons ultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom.
6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work produc t to persons or entities other than City without prior written authorization from the Contract Officer. (b) Consultant, its officers, employ ees, agents or subcontractors, shall not, without prior written authoriz ation from the Contract Offi cer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of su ch court order or subpoena.
(c) If Consultant, or any officer, em ployee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct.
(d) Consultant shall promptly notify City should Consultant, its officers, employees, agents, or subc ontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, in terrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed ther e under. City retains th e right, but has no obligation, to represent Cons ultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to disco very requests provided by Consultant.
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However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, c onstrued, and governed both as to validity and to performance of the Parties in accordance with the laws of the State of California.
Legal actions concerning any dispute, claim, or ma tter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of San Bernardino, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.
In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, Eastern Division.
7.2 Disputes; Default.
In the event that Consult ant is in default under the te rms of this Agreement, the City shall not have any obligat ion or duty to continue com pensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall proceed with payment on the invoices only when the default is cured. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under th is Article. Any failure on the part of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losse s, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim.
The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insu re, indemnify, and protect City as elsewhere provided herein.
Page-14 Revised 7/27/23
7.4 Waiver.
Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provisio n or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by Cit y of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non- defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of t he Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
7.6 Legal Action.
In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct, or remedy any defaul t, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other re medy consistent with the purposes of this Agreement.
7.7 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided in the following Section for terminati on for cause. City re serves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Consultant, except that where termi nation is due to the fault of the Consultant, the period of notice may be such shorter ti me as may be determined by the Contract Officer. In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of not ice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compens ation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedul e of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of th e work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating Party need not provide the non-terminating Party with the opportunity to cure pursuant to Section 7.2.
Page-15 Revised 7/27/23
7.8 Termination for Default of Consultant.
If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to comple tion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigat e such damages), and City may withhold any payments to the Consultant fo r the purpose of set-off or par tial payment of the amounts owed the City as previously stated.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indi rectly, which would conflict in any manner with the interests of City or wh ich would in any way hinder Consultant’s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontract or without the express writt en consent of the Contract Officer. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such offi cer or employee participate in any decision relating to the Agreement which effects his financ ial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third par ty any money or othe r consideration for obtaining this Agreement.
Additionally, pursuant to Rialto Munici pal Code section 2. 48.145, Consultant represents that it has disclosed whether it or its officers or employees is related to any officer or employee of the City by blood or marriage within the third degree which would subject such officer or employee to the pr ohibition of California Government Sections 87100 et. seq., Fair Political Practices Commission Regulation Section 18702, or Government Code Section 1090. To this end, by approving this Agreement, Consultant attests under penalty of perjury, personally and on behalf of Consultant, as well its officers, representatives, that it/they have no relationship, as described above, or financial interests, as such term is defined in Ca lifornia Government Section 87100 et. seq., Fair Political Practices Commission Regulation Section 18702, or Government Code Section Page-16 Revised 7/27/23
1090, with any City of Rialto el ected or appointed official or employee, except as specifically disclosed to the City in writing.
8.3 Covenant Against Discrimination.
Consultant covenants that, by and for itse lf, its heirs, executors, assigns, and all persons claiming under or through them, there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, gender identity, marital status , national origin, ancestry, or other protected class in the performance of this Agreem ent. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their ra ce, color, creed, religion, sex, sexual orientation, gender, gender identity, marital st atus, national origin, ancestry, or other protected class.
8.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized a liens for the performance of work and/or services covered by this Ag reement, and should any liability or sanctions be imposed against City for such use of unauthorized ali ens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sancti ons imposed, together with any and all costs, including attorney’s fees, incurred by City.
ARTICLE 9. MISCE LLANEOUS PROVISIONS
9.1 Facilities and Equipment.
Except as otherwise provided, Consultant shall, at its own cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space (“City Facilities”), as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of City. The locati on, quality, and time of furnishing of City Facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facilities that may involve incurring any di rect expense, including but not limited to computer, long distance teleph one, network data, internet, or other communication charges, vehicles, and reproduction facilities.
9.2 Payment of Taxes.
Consultant is solely responsible for t he payment of employment taxes incurred under this Agreement and any federal and state taxes.
9.3 Notices.
All notices or other comm unications required or permitted hereunder shall be in writing, and shall be personally delivered, sent by pre-paid Fi rst Class U.S. Mail, registered or certified mail, postage prepaid, return receipt requested, or delivered or sent Page-17 Revised 7/27/23
by facsimile with attached evidence of completed transmission, and shall be deemed received upon the earlier of (i) the date of delivery to the address of the person to receive such notice if delivered personally or by mess enger or overnight courier; (ii) three (3) business days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by facsimile. Any notic e, request, demand, di rection, or other communication sent by facsimile must be confirmed within forty-eight (48) hours by letter mailed or delivered. Other forms of electronic transmission such as e-mails, text messages, instant messages are not accept able manners of notice required hereunder.
Notices or other communications shall be addressed as follows:
If to City: City of Rialto
150 S. Palm Ave.
Rialto, CA 92376
Attn: Assistant City Manager
Tel: (909) 820-2525
Fax: (909) 820-2527
With copy to: Burke, Williams & Sorensen, LLP
1770 Iowa Avenue, Suite 240
Riverside, CA 92507
Attn: Eric S. Vail, City Attorney
Tel: (951) 788-0100
Fax: (951) 788-5785
If to Consultant: Kimley-H orn and Associates, Inc.
1100 W. Town and Country Road, Suite 700
Orange, CA 92868
Jason Melchor
714-939-1030
Either Party may change its address by notif ying the other Party of the change of address in writing.
9.4 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
9.5 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
9.6 Integration; Amendment.
This Agreement including the attachment s hereto is the entir e, complete and exclusive expression of the understanding of the Parties. It is understood that there are no oral agreements between t he Parties hereto affecting this Agreement and this Page-18 Revised 7/27/23
Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between t he Parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City. The Parties agree that this requirement fo r written modifications cann ot be waived and that any attempted waiver shall be void.
9.7 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared in valid or unenforceable by a valid judgment or decree of a court of co mpetent jurisdiction, such invalidity or unenforceability shall not affect any of th e remaining phrases, sentences, clauses, paragraphs, or sections of th is Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties hereunder unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.
9.8 Corporate Authority.
The persons executing this Agreement on behalf of the Parties hereto warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
[SIGNATURES ON FOLLOWING PAGE]
Page-19 Revised 7/27/23
IN WITNESS WHEREOF , the parties hereto have exec uted and entered into this Agreement on the date first written above.
CITY: CONSULTANT:
CITY OF RIALTO, a municipal Kimley-Horn and Associates, Inc. corporation a California corporation
B
y: B y:
Henr y Garcia Darren Adrian
Interim Cit y Manager Senior Vice President
ATTEST:
B
y: B y:
Barbara A. McGee Jason Melcho r
Cit y Clerk Assistant Secretary
APPROVED AS TO FORM:
Burke, Williams & Sorensen, LLP
B
y: **Two signatures are required if a
corporation** Eric S. Vail
Cit y Attorney
A-1
EXHIBIT “A“
SCOPE OF SERVICES
Consultant shall provide services for the development of the Safe Streets for all Action (SS4A) Plan, City Project No. 230810. Specifically, Consultant shall provide those services as outlined in it s proposal dated October 6 th, 2023, included on the following pages.
Proposal for the City of Rialto
Development of the Safe Streets For All Action Plan
(RFP 24-008)
City of Rialto RSPS7701.2023 6
SECTION B: SCOPE OF WORK
Task 1: Leadership Commitment and Goal Setting
Task 1.1: Project Management, Meetings, and Coordination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eliverables:
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» Meeting Agendas
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» City Council Presentation Slide Deck
Task 1.2 Vision and Goal Development
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Task 2: Planning Structure
Task 2.1: Project Initiation
.LPOH\+RUQZLOOSUHSDUHDWHFKQLFDOPHPRUDQGXPFRQWDLQLQJDOLWHUDWXUHUHYLHZDQGSURSRVHGVWXG\RXWOLQHWKDWFRQVLGHUVUHOHYDQWUHJLRQDO DQGORFDOSODQVWKDWFRQWDLQH[LVWLQJVDIHW\LQLWLDWLYHVDQGSODQVWKDWFRXOGLPSDFWƂQGLQJVDQGVXSSRUWGHYHORSPHQWRIDVDIHW\WRROER[7KH WHDPZLOOVWUXFWXUHWKH3ODQEDVHGRQWKH6DIH6\VWHP$SSURDFKDQGZLOOLQFRUSRUDWHDQDQDO\VLVRIHTXLW\EDVHGRQWKH-XVWLFH,QLWLDWLYH but also considering SB 535 and other disadvantaged characteristics. 7KHSURMHFWWHDPZLOOLQFOXGHWKHUHTXLUHGHOHPHQWVWRVDWLVI\WKHQHHGIRUD6DIHW\$FWLRQ3ODQDVSHUWDLQVWRVWDWHDQGIHGHUDOIXQGLQJ SURJUDPVVXFKDV+6,3DQG66$SURJUDPV
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» Comprehensive Safety Action Plan Outline
Proposal for the City of Rialto
Development of the Safe Streets For All Action Plan
(RFP 24-008)
City of Rialto RSPS7701.2023 7
Task 3: Safety Analysis
Task 3.1: Analysis of Crash Data
.LPOH\+RUQZLOOSHUIRUPDFRPSUHKHQVLYHGDWDDQDO\VLVUHYLHZ2XUDSSURDFKWRVDIHW\DQDO\VLVLQFOXGHVVWDWLVWLFDOQHWZRUNVFUHHQLQJXVLQJ +LJKZD\6DIHW\0DQXDOPHWKRGV7KHVHPHWKRGVDUHVHOHFWHGWRLGHQWLI\ORFDWLRQVZLWKKLJKHUWKDQH[SHFWHGFROOLVLRQDFWLYLW\WKDWFDQEH UHYLHZHGWRLGHQWLI\URDGZD\DQGLQWHUVHFWLRQFKDUDFWHULVWLFVDVVRFLDWHGZLWKKLJKHUULVN7KHVHPHWKRGVDOVRUHYLHZDYDULHW\RIFROOLVLRQ FKDUDFWHULVWLFVWRLGHQWLI\ORFDWLRQVZKHUHVSHFLƂFW\SHVRIFROOLVLRQVDUHRYHUUHSUHVHQWHG7KLVKHOSVWRGLDJQRVHVDIHW\IDFWRUVWKDWDUH leading to elevated numbers of collisions.
7KHƂUVWVFUHHQLQJVWHSLVWRGHYHORSFULWLFDOFUDVKUDWHVIRUVHJPHQWVDQGLQWHUVHFWLRQVLQWKHFLW\$YHUDJHFUDVKUDWHVDUHGHYHORSHGIRU LQWHUVHFWLRQVEDVHGRQFRQWUROW\SHDQGURDGZD\VHJPHQWVEDVHGRQIXQFWLRQDOFODVVLƂFDWLRQ$VWDWLVWLFDOWKUHVKROGLVWKHQHVWDEOLVKHGEDVHG RQGDLO\WUDIƂFYROXPHVIRUHDFKVHJPHQWDQGLQWHUVHFWLRQ7KHGLIIHUHQFHEHWZHHQWKHDFWXDOFUDVKUDWHDQGWKHFULWLFDOFUDVKUDWHIRUHDFK ORFDWLRQFDQWKHQEHXVHGWRHVWLPDWHWKHUHODWLYHULVNIDFHGE\XVHUVRIWKHJLYHQLQWHUVHFWLRQRUVHJPHQW7KLVPHWKRGEXLOGVRQWKH+LJK &ROOLVLRQRU+LJK,QMXU\1HWZRUNVWKDWHVVHQWLDOO\PLUURU+LJK7UDIƂFQHWZRUNVWRSURYLGHGHHSHULQVLJKWLQWRSRWHQWLDOORZFRVWVDIHW\PHDVXUHV 5RDGZD\VDQGLQWHUVHFWLRQVZLWKORZHUFODVVLƂFDWLRQVZLOODOVREHLGHQWLƂHGDOORZLQJWKH6DIHW\$FWLRQ3ODQWREURDFKULVNIDFWRUVDVVRFLDWHG ZLWKWKRVHURDGZD\V
7KHVHFRQGVFUHHQLQJVWHSIRFXVHVRQFUDVKW\SHRYHUUHSUHVHQWDWLRQ&LW\ZLGHGDWDLVXVHGWRGHWHUPLQHWKHW\SLFDOFROOLVLRQW\SHPL[ IRUHDFKRIWKHIXQFWLRQDOFODVVLƂFDWLRQVDQGLQWHUVHFWLRQFRQWUROW\SHV7KHQWKHPL[WXUHLVUHYLHZHGIRUHDFKVHJPHQWDQGLQWHUVHFWLRQWR KLJKOLJKWWKRVHZLWKKLJKFRQFHQWUDWLRQVRIDVSHFLƂFFROOLVLRQIDFWRU)DFWRUVDQDO\]HGZRXOGLQFOXGH
• Fatal Collisions
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Task 4: Engagement and Collaboration
Task 4.1: Stakeholder Outreach
.LPOH\+RUQZLOOZRUNZLWK&LW\VWDIIWRLGHQWLI\DUREXVWJURXSRINH\UHSUHVHQWDWLYHVWDNHKROGHUVDQGZLOOKRVWXSWRWKUHHIRFXVJURXS PHHWLQJVLQSHUVRQRULQDYLUWXDOVHWWLQJ6WDNHKROGHUVPD\LQFOXGHORFDOFRPPXQLW\EXVLQHVVHV6%&7$5LDOWR3ROLFH'HSDUWPHQW5LDOWR )LUH'HSDUWPHQW5LDOWR86'DQG&DOWUDQVDVZHOODVSXEOLFKHDOWKDQGVDIHW\DGYRFDF\JURXSV7KHƂUVWPHHWLQJZLOOIRFXVRQWKHSODQQLQJ SURFHVVDQGZLOOKHOSUHƂQHSURMHFWJRDOVDQGREMHFWLYHV7KHWHDPZLOOXVHWRROVVXFKDVLQWHUDFWLYHSROOLQJDQGEUHDNRXWURRPVIRUIRFXVHG GLVFXVVLRQ7KHVHFRQGPHHWLQJZLOOGLVFXVVWKHVWUDWHJLHVDQGHPSKDVLVDUHDVLGHQWLƂHGLQWKHSODQWRJHWIRFXVHGIHHGEDFNRQKRZZHOOWKH\ DGGUHVVVWDNHKROGHUFRQFHUQV7KHPHHWLQJZLOOEHKHOGLQDVLPLODUIDVKLRQWRWKHƂUVWRQH Proposal for the City of Rialto
Development of the Safe Streets For All Action Plan
(RFP 24-008)
City of Rialto RSPS7701.2023 8
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» Focus Group Presentation
» Meeting Notes
Task 4.2: Public Safety Workshop
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» Summary of Feedback
Task 4.3: Public Outreach and Education
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» Public Outreach Plan
» 'HYHORSPHQWRI3XEOLF:RUNVKRS
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» Facilitation of the Public Comment Period (including engagement activities and surveys) » 3XEOLF(QJDJHPHQW'HEULHI
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Task 5: Equity Considerations
Task 5.2: Racial Equity and Environmental Justice
.LPOH\+RUQZLOOH[SORUHWKHLPSDFWRIWUDIƂFVDIHW\RQGLVDGYDQWDJHGSRSXODWLRQVDVLGHQWLƂHGE\-XVWLFHDQG6%DVWKLV3ODQLV GHYHORSHG3DUWLFXODUDWWHQWLRQZLOOEHSODFHGRQYXOQHUDEOHURDGXVHUVDVWKH\IDFHJUHDWHUULVNRILQMXU\DQGGHDWKIURPWUDIƂFFROOLVLRQV DQGDUHPXFKPRUHOLNHO\WREHH[SRVHGWRWUDIƂFKD]DUGVLIWKH\EHORQJWRDPLQRULW\RUORZLQFRPHJURXS6LQFHPRVWDUHDVLQWKH&LW\RI 5LDOWRDUHPDMRULW\SHRSOHRIFRORUDQGWKHSDUWRIWKH&LW\EHWZHHQ65DQG,DUHPDMRULW\ORZLQFRPHPRVWVDIHW\FKDOOHQJHVLQWKH &LW\ZLOOEHLPSDFWLQJGLVDGYDQWDJHGFRPPXQLWLHV7KLVSODQZLOOGRFXPHQWWKHEHQHƂWVWRPLQRULW\DQGORZLQFRPHFRPPXQLWLHVWKDWFDQEH Proposal for the City of Rialto
Development of the Safe Streets For All Action Plan
(RFP 24-008)
City of Rialto RSPS7701.2023 9
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Deliverables:
» 5DFLDO(TXLW\DQG(QYLURQPHQWDO-XVWLFH$QDO\VLV
Task 6: Policy and Process Changes
Task 6.1: Policy and Process Recommendations
7KHPDMRULW\RIQHHGVIRUWKLV7DVNZLOOEHFRPSOHWHGLQ7DVN.LPOH\+RUQZLOOSURYLGHDQRYHUYLHZRIWKH6DIH6\VWHP$SSURDFKDQGKRZ WKHVWUDWHJ\WRROER[LQ7DVNDOLJQVZLWK6DIH6\VWHPSULQFLSOHV Deliverables:
» Summary of Policy Countermeasure Opportunities
Task 6.2: Climate Change, Sustainability, and Economic Competitiveness .LPOH\+RUQZLOOFRQVLGHUHQYLURQPHQWDOIDFWRUVWKDWFRXOGLPSDFWWKHWUDQVSRUWDWLRQV\VWHPLQ5LDOWRDVSDUWRIWKHVDIHW\DVVHVVPHQW7KH SRWHQWLDOLPSDFWRIHDUWKTXDNHVH[WUHPHUDLQDQGƃDVKƃRRGLQJDUHDOVRSRWHQWLDOFRQFHUQVIRU5LDOWR7KHWHDPZLOOFRQGXFWDUHYLHZRI WKHVHSRWHQWLDOKD]DUGVDWWKHSODQQLQJOHYHODQGZLOOLGHQWLI\IDFLOLWLHVWKDWDUHDWSDUWLFXODUULVNVKRXOGWKHVHHYHQWVRFFXU6WUDWHJLHVIRUULVN PLWLJDWLRQZLOOEHLQFOXGHGLQWKHVDIHW\WRROER[
7KHSODQZLOODOVRDGGUHVVWKHSRWHQWLDOLPSDFWWKDWWUDIƂFVDIHW\KDVRQHFRQRPLFDFWLYLW\LQ5LDOWR$VPHQWLRQHGLQWKHSURMHFWXQGHUVWDQGLQJ WUDIƂFLQMXULHVFRVWRYHU0SHU\HDULQWKH&LW\7KHSODQZLOOGLVFXVVKRZWKHSUHYHQWLRQRIWKRVHORVVHVDQGJDLQLQJPRUHDFWLYLW\LQWKH City by improving the perception of safety could lead to more local business opportunities.
Deliverables:
» 7HFKQLFDO0HPRUDQGXP
(QYLURQPHQWDO-XVWLFH6XVWDLQDELOLW\DQG(FRQRPLF&RPSHWLWLYHQHVV Task 7: Strategy and Project Selection
Task 7.1: Targeted Safety Investigation
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Deliverables:
» Field Notes
» 8SWRORFDWLRQSURƂOHV
Task 7.2: Focus Areas and Strategies
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Development of the Safe Streets For All Action Plan
(RFP 24-008)
City of Rialto RSPS7701.2023 10
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Deliverables:
» Best Practices Checklist
» /LVWRI)RFXV$UHDVDQG3RWHQWLDO6WUDWHJLHV
Task 7.3: Strategy and Project Selection
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Deliverables:
» 7HFKQLFDO0HPRUDQGXP
3URSRVHG6DIHW\7RROER[DQG6WUDWHJLHV
Task 8: Progress and Transparency
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Deliverables:
» Progress Measurement Methodology
» 3XEOLFIDFLQJ0DSSLQJ3ODWIRUP
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» Public Outreach Schedule
Proposal for the City of Rialto
Development of the Safe Streets For All Action Plan
(RFP 24-008)
City of Rialto RSPS7701.2023 11
Task 9: Development of Final Safety Action Plan
Task 9.1: Draft Safety Action Plan
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» 'UDIW&RPSUHKHQVLYH7UDIƂF6DIHW\$FWLRQ3ODQ
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Task 9.2: Final Safety Action Plan
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Deliverables:
» )LQDO&RPSUHKHQVLYH7UDIƂF6DIHW\$FWLRQ3ODQ
» Preparation of the Plan for printing and digital publication » Presentation of the Safety Plan to City Council for adoption B-1
EXHIBIT “B”
“COST PROPOSAL”
191.24% Overhead%
190.79% Overhead% w/o FCCM Category/Title
10% Fee% Direct Rate $124.65 $105.28 $83.13 $67.39 $55.79 $45.86 $45.37 $29.36 Billing Rate $399.28 $337.23 $266.28 $215.86 $178.71 $146.90 $145.33 $94.05 Task 1 4 36 40 42 55 10 10 197 $ 42,367.51
1.1 2 30 30 30 30 10 10 142 $ 31,065.82
1.2 2 6 10 12 25 55 $ 11,301.69
Task 2 2 6 6 10 20 44 $ 9,144.66
2.1 2 6 6 10 20 44 $ 9,144.66
Task 3 2 4 6 15 40 67 $ 12,301.69
3.1 2 4 6 15 40 67 $ 12,301.69
Task 4 30 32 85 80 227 $ 45,579.82
4.1 12 12 30 30 84 $ 17,010.28
4.2 12 12 40 30 94 $ 18,797.34
4.3 6 8 15 20 49 $ 9,772.20
Task 5 2 12 30 30 50 124 $ 25,539.87
5.1 2 12 30 30 50 124 $ 25,539.87
Task 6 6 16 30 60 112 $ 20,458.97
6.1 2 8 15 30 55 $ 9,892.25
6.2 4 8 15 30 57 $ 10,566.72
Task 7 4 31 57 67 85 180 30 454 $ 86,145.21
7.1 4 12 12 15 30 10 83 $ 15,162.65
7.2 2 12 15 15 20 50 10 124 $ 23,936.99
7.3 2 15 30 40 50 100 10 247 $ 47,045.57
Task 8 2 2 15 25 44 $ 7,560.07
8.1 2 2 15 25 44 $ 7,560.07
Task 9 4 16 28 56 112 4 24 244 $ 43,747.25
9.1 2 10 20 40 80 2 16 170 $ 30,191.99
9.2 2 6 8 16 32 2 8 74 $ 13,555.26
18 143 217 67 368 622 14 64 1513
$7,187.00 $48,224.15 $57,783.02 $14,462.82 $65,763.80 $91,370.74 $2,034.60 $6,018.92 $ 292,845.05 $ 26,870.24
$ 1,250.00
$ 400.00
$ 250.00
$ 24,970.24
$ 319,715.29
TOTAL HOURS
Subtotal Labor:
Other Direct Costs
Fed Ex/Courier/Overnight delivery
Strategies and Project Selection
KTUA (Sub)
Strategy and Project Selection
Targeted Safety Investigation
Focus Areas and Strategies
Policy and Process Changes
Policy and Process Recommendations
Climate Change, Sustainability, and Economic
Competitiveness
Equity Considerations
Racial Equity and Environmental Justice
Stakeholder Outreach
Public Safety Workshop
Public Outreach and Education
Engagement and Collaboration
Safety Analysis
Analysis of Crash Data
Planning Structure
Project Initiation
Leadership Committee and Goal Setting
Project Management, Meetings, and Coordination
Vision and Goal Development
Professional II Professional ISr.
Professional III
Sr.
Professional II
Sr.
Professional I
City of Rialto
Development of the Safe Streets for All Action Plan, RFP 24-008 Kimley-Horn and Associates, Inc.
TOTAL HOURS TOTAL COST
Analyst Sr. Project
Support
Project
Support
Progress and Transparency
Progress and Transparency
Development of Final Safety Action Plan
Draft Safety Action Plan
Final Safety Action Plan
TOTAL COST:
Travel/Mileage
Outside Printing
C-1
EXHIBIT “C”
“SCHEDULE OF PERFORMANCE”
Proposal for the City of Rialto
Development of the Safe Streets For All Action Plan
(RFP 24-008)
City of Rialto RSPS7701.2023
31
SCHEDULE
Task Description
Dates
1/2/2024
1/15/2024
1/29/2024
2/12/2024
2/26/2024
3/11/2024
3/25/2024
4/8/2024
4/22/2024
5/6/2024
5/20/2024
6/3/2024
6/17/2024
7/1/2024
7/15/2024
7/29/2024
8/12/2024
Task 1 Leadership Commitment and Goal Setting
1.1 Project Management, Meetings, and Coordination
1.2 Vision and goal Development
Task 2 Planning Structure
2.1 Project Initiation
Task 3 Racial Equity and Environmental Justice
3.1 Analysis of Crash Data
Task 4 Engagement and Collaboration
4.1 Stakeholder Outreach
4.2 Public Safety Workshop
4.3 Public Outreach and Education
Task 5 Policy and Process Changes
5.1 Racial Equity and Environmental Justice
Task 6 Policy and Process Changes
6.1 Policy and Process Recommendations
6.2 Climate Change, Sustainability, and Economic
Competitivemeness
Task 7 Focus Areas and Strategies
7.1 Targeted Safety Investigation
7.2 Focus Areas and Strategies
7.3 Strategy and Project Selection
Task 8 Final Safety Action Plan
Task 9 Progress and Transparency
9.1 Draft Safety Action Plan
9.2 Final Safety Action Plan
City Review
Technical Memorandum
Field Visit
Matrix
Draft
Final
Website