Simi Valley City Council
June 24, 2024

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CITY OF SIMI VALLEY

MEMORANDUM
J
une 24, 2024
TO
: City Council
F
ROM: Department of Public Works
S
UBJECT: AWARD OF PROFESSIONAL SERVICES CONTRACT FOR THE CITY OF SIMI VALLEY BICYCLE MASTER PLAN UPDATE, CP60000038,
RFP NO. PW 24-06, ACTIVE TRANSPORTATION PROGRAM PROJECT NO. ATPLNI-5405(099)

STAFF RECOMMENDATION
It is recommended that the City Council:

1. A
ward the attached professional services contract to Chen Ryan Associates (page 4) for consulting services in the amount of $249,055 for the City of Simi Valley Bicycle Master Plan Update, CP60000038; and,

2. A
uthorize the City Manager to approve subsequent contract amendments to extend the contract for one (1) additional one-year term.

BACKGROUND AND OVERVIEW
The City’s Bicycle Master Plan was adopted in December 2008 to guide the development of bicycle infrastructure in Simi Valley. It outlines the vision for a comprehensive network of bike paths, safety guidelines, and policies to encourage cycling as a viable mode of transportation. In July 2022, City staff applied for and received an Active Transportation Program (ATP) Grant to prepare an update to the City’s Bicycle Master Plan. This comprehensive Bicycle Master Plan update will provide an inventory of existing facilities, document active transportation- related crashes, and provide recommendations for new facilities and active transportation-related features.

FINDINGS AND ALTERNATIVES
A
Request for Proposals (RF P) was issued on the City’s website beginning on March 14, 2024, with proposals due to the City no later than 3:00 PM on April 12, 2024.

An addendum extending the due date was posted on April 11, 2024, extending the deadline to no later than 3:00 PM on April 26, 2024.

A
total of three firms submitted proposals by the deadline : Chen Ryan Associates; GTS; and Kimley-Horn and Associates. City staff evaluated and rated each of the proposals based on the following criteria:

AGENDA ITEM NO.

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• Experience with similar kinds of work, particularly in preparing a Bicycle Master Plan. (20%)
• Understanding of the work to be done and the ability to meet project deadlines. (40%)
• Technical qualifications of staff for work to be done. (30%) • Possession of any necessary certifications, permits, degrees, licenses, etc. , required to perform the work. (10%)

Staff conducted the review of the proposals pursuant to Qualifications -Based Selection and invited the top two candidates to the City for an in-person interview on May 20, 2024.

Subsequent to the interviews, staff selected Chen Ryan Associates as the most qualified consultant.

Based on Chen Ryan Associates’ proposal and the City’s RFP, to solicit feedback from Simi Valley residents, the Plan incorporates a robust outreach program including no less than: three community workshops, ten community events, and web and social media presences. An interactive website whereby residents will be able to suggest new facilities or improvements to existing facilities will be advertised throughout the community using QR codes and other removable signage.

Additionally, a Stakeholder Advisory Committee (SAC) will be established to help guide the development of the Plan. Anticipated stakeholders include representatives of the Simi Valley Unified School District, Rancho Simi Recreation and Park District, Simi Valley Police Department, Ventura County Fire, Caltrans, Ventura County Transportation Commission, local non -profit organizations with interest in the topic, and the public at - large.

The Plan will incorporate the latest developments in active transportation, including new guidance from various sources, including Caltrans, the Federal Highway Administration (FHWA), and the National Association of City Transportation Officials (NACTO).

State funding for $250,000 has been approved for this project under the ATP, with no local match requirement. Funding in the amount of $200,000 is currently available in the Bicycle Master Plan Update, CP60000038 with an additional $50,000 to be allocated effective July 1, 2024, for FY 2024-25 in CP60000038.

Staff recommends the City Council award a professional services contract to Chen Ryan Associates for consulting services in the amount of $249,055 for the City of Simi Valley Bicycle Master Plan Update.

The following alternatives are available to the City Council:

1. Award the attached professional services contract to Chen Ryan Associates for consulting services in the amount of $249,055 for the City of Simi Valley Bicycle Master Plan Update, CP60000038; and,

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2. Authorize the City Manager to approve subsequent contract amendments to extend the contracts for one (1) additional one-year term.

3. P rovide other direction to staff;

Staff recommends Alternative Nos. 1 and 2.

SUGGESTED CITY COUNCIL MOTION

I move to award a professional services contract to Chen Ryan Associates for consulting services in the amount of $249,055 for the City of Simi Valley Bicycle Master Plan Update, CP60000038, and authorize the City Manager to approve subsequent contract amendments to extend the contracts for one (1) additional one-year term.

SUMMARY

In July 2022, the City applied for and rec eived State funding in the amount of $ 250,000 under the ATP to prepare an update to the City’s Bicycle Master Plan. On March 14, 2024, the Public Works Department issued an RFP for the City of Simi Valley Bicycle Master Plan Update, CP60000038, RFP NO. PW 24-06. Three proposals were received from Chen Ryan Associates, GTS, and Kimley -Horn and Associates. Following the proposal review and interviews, City staff selected Chen Ryan Associates as the most qualified consultant. Therefore, i t is re commended that the City Council a ward a professional contract to Chen Ryan Associates in the amount of $249,055 for the Bicycle Master Plan update.

for
Ronald K. Fuchiwaki
Public Works Director

Prepared by: Justin Link, Principal Engineer

INDEX Page

Contract……….……………………………. ........................................ 4

3

AGREEMENT NO. 3240154

PROFESSIONAL SERVICES AGREEMENT

BETWEEN

THE CITY OF SIMI VALLEY AND

CHEN RYAN ASSOCIATES
FOR THE CITY OF SIMI VALLEY BICYCLE MASTER PLAN UPDATE, CP60000038, RFP NO. PW 24-06, ACTIVE TRANSPORTATION PROGRAM PROJECT NO. ATPLNI-5405(099)

THIS AGREEMENT is entered into this 24th day of June 2024, by and between the CITY OF SIMI VALLEY, a municipal corporation and gener al law city (“CITY”) and Chen Ryan Associates, a California Corporation (“CONSULTANT”).

1. CONSIDERATION.

A. As partial considerat ion, CONSULTANT agrees to perform the work listed in the SCOPE OF SERVICES, below;

B. As additional consideration, CONS ULTANT and CITY agree to abide by the terms and conditions contained in this Agreement;

C. As additional consideration, CITY agrees to pay CONSULTANT a sum not to exceed $249,055 for CONSULTANT’s services. CITY may modify this amount as set forth below. Unless otherwise specified by written amendment to this Agreem ent, CITY will pay this sum as specified in the attached Exhibit “B, Schedule of Fees,” which is incorporated by reference.

2. SCOPE OF SERVICES.

A. CONSULTANT will perform services listed in the attached Exhibit “A,” which is incorporated by reference.

B. CONSULTANT will, in a professional manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles , transportation, office space and facilities, and all tests, testing and analyses, calculation, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by CITY, necessary or proper to perform and complete the work and provide the professional services required of CONSULTANT by this Agreement.

3. PERFORMANCE STANDARDS. While performing this Agreement, CONSULTANT will use the appropriate generally accepted professional standards of practice existing at the time of performance utilized by persons engaged in providing similar services. CITY will continuously monitor CONSULTANT’s services. CITY will notify CONSULTANT of any deficiencies and CONSULTANT will have fifteen (15) da ys after such notification to 4 City of Simi Valley
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cure any shortcomings to CITY’s satisf action. Costs associated with curing the deficiencies will be borne by CONSULTANT.

4. PAYMENTS. For CITY to pay CONSULTANT as specified by this Agreement, CONSULTANT must submit a detailed invoice to CITY which lists the hours worked and hourly rates for each personnel category and reimbursable costs (all as set forth in Exhibit “B, Schedule of Fees”) the tasks performed, the percentage of the task completed during the billing period, the cumula tive percentage completed for each task, the total cost of that work during the precedi ng billing month and a cumulative cash flow curve showing projected and actual expenditures versus time to date.

5. NON-APPROPRIATION OF FUNDS. Payments due and payable to CONSULTANT for current services are within the curr ent budget and within an available, unexhausted and unencumbered appropriation of the CITY. In the event the CITY has not appropriated sufficient funds for payment of CONSULTANT services bey ond the current fiscal year, this Agreement will cover only those costs incu rred up to the conclusion of the current fiscal year.

6. ADDITIONAL WORK.

A. CITY’s city manager (“Manager”) may determine, at the Manager’s sole discretion, that CONSUL TANT must perform addition al work (“Additional Work”) to complete the Scope of Work. If Additional Wo rk is needed, the Manager will give written authorization to CONSULTANT to perform such Additional Work.

B. If CONSULTANT believes Additional Work is needed to complete the Scope of Work, CONSULTANT will provide the Manager with wri tten notification that contains a specific description of the proposed Additional Work, reasons for such Additional Work, and a detailed proposal regarding cost.

C. Payments over $249,055 for Additional Work must be approved by CITY’s City Council. All Additional Work will be subject to all other terms and provisions of this Agreement.

7. FAMILIARITY WITH WORK.

A. By executing this Agreement, CONSULTANT agrees that it has:

i. Carefully investigated and cons idered the scope of services to be performed;

ii. Carefully considered how the se rvices should be performed; and

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iii. Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement.

B. If services involve work upon any site, CONSULTANT agrees that CONSULTANT has or will investigat e the site and is or will be fully acquainted with the conditions ther e existing, before commencing the services hereunder. Should CONSULTANT discover any latent or unknown conditions that may materially affe ct the performance of the services, CONSULTANT will immediately inform CITY of such fact and will not proceed except at CONSULTANT’s own risk until written instructions are received from CITY.

8. TERM. The term of this Agreement will be 365 consecutive working days upon receipt of the Notice to Proceed and final acceptanc e of work by the City. Unless otherwise determined by written amendment between the parties, this Agreement will terminate in the following instances:

A. Completion of the work specifi ed in Exhibit “A, Scope of Work”;

B. Termination as stated in Section 16.

9. TIME FOR PERFORMANCE.

A. CONSULTANT will not perform any work under this Agreement until:

i. CONSULTANT furnishes proof of insurance as required under Section 23 of this Agreement; and

ii. CITY gives CONSULTANT a wr itten notice to proceed.

B. Should CONSULTANT begin work on any phase in advance of receiving written authorization to pr oceed, any such professional services are at CONSULTANT’s own risk.

10. TIME EXTENSIONS . Should CONSULTANT be delayed by causes beyond CONSULTANT’s control, CITY may grant a time extensi on for the completion of the contracted services. If delay occurs, CO NSULTANT must notify the Manager within forty-eight hours (48 hours), in writing, of the cause and t he extent of the delay and how such delay interferes with the Agreement ’s schedule. The Manager will extend the completion time, when appropriate, for the completion of the contracted services.

11. CONSISTENCY. In interpreting this Agreement and resolving any ambiguities, the main body of this Agreement takes precedence over the attached Exhibits; this 6 City of Simi Valley
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Agreement supersedes any conflicting prov isions. Any inconsistency between the Exhibits will be resolved in the order in which the Exhibits appear below:

Exhibit “A” – Scope of Work
Exhibit “B” – Schedule of Fees
Exhibit “C” – CITY RFP NO. 24-06
Exhibit “D” – CONSULTANT Proposal

12. CHANGES. CITY may order changes in the services within the general scope of this Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by CONS ULTANT and CITY. The cost or credit to CITY resulting from changes in the services will be determined in accordance with written agreement between the parties.

13. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer Identification Number.

14. PERMITS AND LICENSES . CONSULTANT, at its sole expense, will obtain and maintain during the term of this Agreem ent, all necessary permits, licenses, and certificates that may be requi red in connection with the per formance of services under this Agreement.

15. WAIVER. CITY’s review or acceptance of, or payment for, work product prepared by CONSULTANT under this Agreement will not be construed to operate as a waiver of any rights CITY may have under this Agreement or of any cause of action arising from CONSULTANT’s performance. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character.

16. TERMINATION.

A. Except as otherwise pr ovided, CITY may terminate this Agreement at any time with or without cause.

B. CONSULTANT may terminate this Ag reement at any time with CITY’s mutual consent. Notice will be in writing at least thirty (30) days before the effective termination date.

C. Upon receiving a termination notice, CONSULTANT will immediately cease performance under this Agreement unless otherwise provided in the termination notice. Except as otherwise provided in the termination notice, any additional work performed by CONSULTANT afte r receiving a 7 City of Simi Valley
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termination notice will be performed at CONSULTANT'’ own cost; CITY will not be obligated to compensate CONSULTANT for such work.

D. Should termination occur, all fi nished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by CONSULTANT will, at CITY’s option, become CITY’s property, and CONSULTANT will receive just and equi table compensation for any work satisfactorily completed up to the effective date of notice of termination, not to exceed the total costs under Section 1(C).

E. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated.

F. By executing this document, CONSULTANT waives any and all claims for damages that might otherwis e arise from CITY’s termination under this Section.

17. OWNERSHIP OF DOCUMENTS; EXCEPTIONS; WARRANTY. Except as otherwise provided below, all documents, data, studies, drawings, maps, models, photographs and reports prepared by CONSULTANT (collectively, “Documents”) under this Agreement are CITY’s property. CONSULTANT may retain copies of such Documents as desired but will deliver all original materials to CITY upon CITY’s written notice. CITY agrees that use of CONSULTANT’s completed work product, for purposes other than identified in this Agreement, or use of incomplete work pro duct, is at CITY’s own risk. CONSULTANT warrants that all Documents it drafts and completes pursuant to this Agreement constitutes original work. Specifically, CONSULTANT understands and agrees that use of artificial intelligence (AI) tools including, without limitation, Chat GPT, Microsoft’s Bing Chat, Google’s Bard, and Meta’s LLaMA ( Large Language Model Meta AI), in the performance of this Agreement does not consti tute an original work, i.e., submitting Documents generated by such AI tools to CITY and representing it as CONSULTANT’s original work constitutes a material breach of this Agreement, constitutes a false claim, and may also violate applicable intellectual property right laws including, without limitation, United States C opyright Law. Accordingly, and notwithstanding any other provision of this Agreement as to ownership, CITY specifically rejects ownership of such Documents. CONSULTANT is required to indemnify and defend CITY to the fullest extent allowed by applicable law should it violate this Section.

18. PUBLICATION OF DOCUMENTS. Except as necessary for performance of service under this Agreement, no copies, sketches, or graphs of materials, including graphic art work, prepared pursuant to this Agreemen t, will be released by CONSULTANT to any other person or public CITY wit hout CITY’s prior written approval. All press releases, including graphic display information to be published in newspapers or magazines, will be approved and distributed solely by CITY, unless otherwise provided by written agreement between the parties.
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19. INDEMNIFICATION.

A. CONSULTANT agrees to the following:

i. Indemnification for Professional Services. CONSULTANT will save harmless and indemnify and at CITY ’s request reimburse defense costs for CITY and all its offi cers, volunteers, employees and representatives from and against any and all suits, actions, or claims, of any character whatever, brought for, or on account of, any injuries or damages sustained by any person or property resulting or arising from any negligent or wrongful act, error or omission by CONSULTANT or any of CONSULTANT’s officers, agents,
employees, or representatives, in the performance of this Agreement, except for such loss or damage arising from CITY’s sole negligence or willful misconduct.

ii. Indemnification for other Damages. CONSULTANT indemnifies and holds CITY harmless from and agai nst any claim, action, damages, costs (including, without limitation, attorney’s fees), injuries, or liability, arising out of this Agreement, or its performance, except for such loss or damage arising from CI TY’s sole negligence or willful misconduct. Should CITY be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, CONSULTANT will defend CITY (at CITY’s request and with counsel satisfactory to CITY) and will in demnify CITY for any judgment rendered against it or any sums paid out in settlement or otherwise.

B. For purposes of this section “CITY” includes CITY’s officers, officials, employees, agents, representatives, and certified volunteers.

C. It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement.

D. The requirements as to the types and limits of insurance coverage to be maintained by CONSULTANT as required by Section 23, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONSULTANT pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification.

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20. ASSIGNABILITY. This Agreement is for CONSULTANT’s professional services.

CONSULTANT’s attempts to assign the benefits or burdens of this Agreement without CITY’s written approval are prohibited and will be null and void.

21. INDEPENDENT CONTRACTOR . CITY and CONSULTANT agree that CONSULTANT will act as an independent contractor and will have control of all work and the manner in which is it performed. CONS ULTANT will be free to contract for similar service to be performed for other employer s while under contract with CITY.

CONSULTANT is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees.

Any provision in this Agreem ent that may appear to give CITY the right to direct CONSULTANT as to the details of doing the work or to ex ercise a measure of control over the work means that CO NSULTANT will follow the dire ction of the CITY as to end results of the work only.

22. AUDIT OF RECORDS. CONSULTANT will maintain full and accurate records with respect to all services and matters cover ed under this Agreement. CITY will have free access at all reasonable times to such reco rds, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. CONSULTANT will retain such financial and program service records for at least three (3) years afte r termination or final payment under this Agreement.

23. INSURANCE.

A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONSULTANT will procure and maintain the following types of insurance wit h coverage limits complying, at a minimum, with the limits set forth below:

Type of Insurance Limits

Commercial general liability: $2,000,000

Professional Li ability $2,000,000

Business automobile liability $1,000,000

Workers compensation Statutory requirement

B. Commercial general liability insuranc e will meet or exceed the requirements of the most recent ISO-CGL Form. The amount of insurance set forth above will be a combined single limit per occu rrence for bodily injury, personal injury, and property damage for the poli cy coverage. Liability policies will 10 City of Simi Valley
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be endorsed to name CITY, its officials, and employees as “additional insureds” under said insurance coverage and to state that such insurance will be deemed “primary” such that any other insurance that may be carried by CITY will be excess thereto. Such endorsement must be reflected on ISO Form No. CG 20 10 11 85 or 88, or equivalent. Such insurance will be on an “occurrence,” not a “claims made,” basis and will not be cancelable or subject to reduction except upon thir ty (30) days prior written notice to CITY.

C. Professional liabilit y coverage will be on an “occurrence basis” if such coverage is available, or on a “claims made” basis if not available. When coverage is provided on a “claims made basis,” CONSULTANT will continue to renew the insurance for a period of three (3) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONSULTANT for all claims made by CITY arising out of any errors or omissions of CONSULTANT, or its officers, employees or agents during the time this Agreement was in effect.

D. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto).

E. CONSULTANT will furn ish to CITY duly authentic ated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement and such other ev idence of insurance or copies of policies as may be reasonably required by CITY from time to time. Insurance must be placed with insurers with a current A. M. Best Company Rating equivalent to at least a Rating of “A:VII.”

F. Should CONSULTANT, for any reason, fail to obtain and maintain the insurance required by this Agreement, CITY may obtain such coverage at CONSULTANT’s expense and deduct the cost of su ch insurance from payments due to CONSULTANT under this Agreement or terminate pursuant to Section 16.

G. Self-Insured Retention/Deductibles. A ll policies required by this Agreement must allow CITY, as additional insured, to satisfy the self-insured retention (“SIR”) and deductible of the policy in lieu of CONSULTANT (as the named insured) should CONSULTANT fail to pay the SIR or deductible requirements. The amount of the SIR or deductible is subject to the approval of the Assistant City A ttorney and the Finance Director. CONSULTANT understands and agrees that satisfaction of this requirement is an express condition precedent to the effectivene ss of this Agreement. Failure by CONSULTANT as primary insured to pay its SIR or deductible constitutes 11 City of Simi Valley
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a material breach of this Agreement. Should CITY pay the SIR or deductible on CITY’s behalf upon the CONSULTANT’S failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, CITY may include such am ounts as damages in any action against CONSULTANT for breach of this Agreement in addition to any other damages incurred by CITY due to the breach.

24. USE OF SUBCONTRACTORS . CONSULTANT must obtain CITY’s prior written approval to use any consultants while perfo rming any portion of this Agreement. Such approval must approve of the proposed consultant and the terms of compensation.

25. INCIDENTAL TASKS. CONSULTANT will meet with CITY monthly to provide the status on the project, which will include a schedule update and a short narrative description of progress during the past month for each major task, a description of the work remaining and a description of the work to be done before the next schedule update.

26. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows:

If to CONSULTANT:

If to CITY:

Attention: Adam Chase Attention: Justin Link
Chen Ryan Associates City of Simi Valley
714 W. Olympic Boulevard Suite 609 2929 Tapo Can yon Road Los Angeles, CA 90015 Simi Valley, CA 93063
(805) 630-3763 (805) 583-6884
[email protected] [email protected]

Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United Stat es Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes ma y be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph.

27. CONFLICT OF INTEREST . CONSULTANT will comply with all conflict of interest laws and regulations including, without limitation, CITY’s conflict of interest regulations.

28. SOLICITATION. CONSULTANT maintains and warr ants that it has not employed nor retained any company or person, other than CONSULTANT’s bona fide employee, to solicit or secure this Agreement. Further , CONSULTANT warrants that it has not paid nor has it agreed to pay any company or person, other than CONSULTANT’s bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should 12 City of Simi Valley
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CONSULTANT breach or violate this warranty, CITY may rescind this Agreement without liability.

29. THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is generally for the exclusive benefit of CONSULTANT and CITY and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of CONSULTANT’s or CITY’s obligations under this Agreement.

30. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and e xclusive venue for any action involving this agreement will be in Ventura County.

31. COMPLIANCE WITH LAW. CONSULTANT agrees to comply with all federal, state, and local laws applicable to this Agreement.

32. ENTIRE AGREEMENT. This Agreement, and its Atta chments, sets forth the entire understanding of the parties . There are no other under standings, terms or other agreements expressed or implied, oral or written. There are four (4) Attachments to this Agreement. This Agreement will bind and inur e to the benefit of the parties to this Agreement and any subsequent successors and assigns.

33. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party.

34. SEVERABILITY. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, t hen such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect.

35. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to aut horize the undersigned to execute this Agreement and to engage in the actions describ ed herein. This Agreement may be modified by written amendment. CITY’s Manager, or designee, may execute any such amendment on behalf of CITY.

36. ELECTRONIC SIGNATURES. This Agreement may be ex ecuted by the Parties on any number of separate counterparts, and all such counter parts so executed constitute one Agreement binding on all the Parties notwithstanding that all the Parties are not signatories to the same c ounterpart. In accordance with Government Code §16.5, the Parties agree that this Agr eement, Agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed 13 City of Simi Valley
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when the signature of a party is delivered by electronic transmission. Such electronic signature will be treated in all respects as having the same effect as an original signature.

37. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement.

38. TIME IS OF ESSENCE. Time is of the essence for each and every provision of this Agreement.

39. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood, explosion, acts of terrorism, war, embargo, government acti on, civil or military authority, the natural element s, or other similar causes beyond the Parties’ reasonable control, then the Agreement will immediately terminate without obligation of either party to the other.

40. STATEMENT OF EXPERIENCE . By executing this Agreement, CONSULTANT represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY. CONSULTANT represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, cu rrent workload, experience in dealing with private consultants, and exper ience in dealing with public agencies all suggest that CONSULTANT is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public CITY.

[SIGNATURES ON NEXT PAGE]

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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first hereinabove written.

Attest: City of Simi Valley, A Municipal Corporation

B y :

Lucy Blanco, City Clerk Fred D. Thomas, Mayor of the City of Simi Valley, California

Approved as to Form: Chen Ryan Associates

B y :

Algeria R. Ford, City Attorney
Print Name: Monique Chen

Approved as to Content: Title: President/CEO

B y :

Brian Paul Gabler, City Manager
Print Name: Adam Chase

Title: Executive Vice-President
Johanna Medrano,
Deputy Administrative Services Director/
Budget & Purchasing

Ronald K. Fuchiwaki
Public Works Director

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Exhibit A
Scope of Work

The BMP was last updated in 2008. The project entails updating the City’s BMP in conformance with Federal and State standards. The work encompasses the following:

(a) I. CONSULTANT RESPONSIBILITIES

A. Project Administration

1. Attend monthly coordination meetings (remote).

Deliverables: Meeting minutes.

2. Prepare and submit timely invoices.

Deliverables: Monthly invoices.

B. Existing Conditions and Analysis

1. Gather existing condition informati on that includes cu rrent mode share, description of land use and destinations , existing bicycle parking, existing wayfinding, and existing non-infrastructure programs.

Deliverables: A memo summarizing review of t he available data provided by the City, and any additional data that may be requested to complete the work.

2. Develop a map of existing pedestrian facilities and existing bicycle facilities within the City. Review available documentation, including:

a. 2008 BMP
b. Ventura County Bicycle Maps
c. GIS Data

Collect field data to supplement document review. An inventory of existing bicycle facilities, including Class I, Class II, and Class III facilities and associated signage should be collected through field visits.

Deliverables: A map illustrating existing bicycle facilities.

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3. Gather collision data for bicyclists and pedestrians both in absolute numbers and as a percentage of all collisions and injuries. Perform analysis and set a goal for collision, serious injury, and fa tality reduction after implementation of the plan. Review available documentation, including:

a. Engineering & Traffic Surveys
b. Traffic Count Data
c. Crossroads Collision Data

Deliverables: A memo summarizing review of t he available data provided by the City, and any additional data that may be requested to complete the work.

4. Identify active transportation needs for the City’s disadvantaged census tract.

Deliverables: A summary memo.

C. Outreach and Engagement

1. Form an advisory committee of identif ied stakeholders to meet quarterly to guide the plan development. Stakeholders shall include:

a. Simi Valley Unified School District
b. Simi Valley PD
c. Ventura County Fire
d. Bicycle Organizations (as applicable)

Deliverables: Meeting minutes.

2. Create a website and social media page for plan announcements and documents to be posted. Consultant ma y work with City Staff to develop a website using existing City tools. T he website shall include a graphic representation of t he City street and bicycle path network t hat will allow for “wish list” feedback from residents.

Deliverables: Website, social media accounts, recurring content.

3. Host three (3) community workshops in various parts of the City and varying times as directed by the City to gain community input on new bicycle facilities.

The community meetings shall include a translator.

Deliverables: Workshop handouts, maps; memo summarizing feedback received.

17 City of Simi Valley
Agreement No. 3240154
Chen Ryan Associates

A2459.CON.MG

4. Attend at least 10 different community events to gather public input. Events shall include:

a. Presentations to eac h of the City’s four (4) Neighborhood Councils b. Four (4) farmer’s market events as directed by City Staff c. Two (2) pop-up events as directed by City Staff

Deliverables: Event handouts, maps; memo summarizing feedback received.

5. Attend a coordination meeting with neighboring jurisdictions (remote).

Deliverables: Meeting minutes.

D. Implementation

1. Create maps of the proposed bicycle facilities and non-infrastructure programs based on community and stakeholder input. Estimates on mode shift should be presented.

Deliverables: Mapping.

2. Develop a methodology for project pr ioritization and a proposed timeline for implementation.

Deliverables: Summary memo.

3. Develop cost estimates for implementation of the plan and identify funding sources for construction.

Deliverables: Summary memo.

4. Create an implementation strategy descr ibing the steps necessary to carry out the plan goals.

Deliverables: Summary memo.

E. Final Plan

1. Prepare the BMP Update. The report shall follow the same structure as the existing report, as provided below:

a. Executive Summary
b. Introduction
c. Existing Conditions
18 City of Simi Valley
Agreement No. 3240154
Chen Ryan Associates

A2459.CON.MG
d. Needs Analysis/Public Outreach Summary
e. Recommended Improvements, including any novel or innovative strategies to implement bicycle facilities with constrained right-of-way or obstructions f. Prioritization
g. Funding Opportunities
h. Monitoring and Maintenance
i. Appendices

Deliverables: BMP shall be submitted at 60%, 90% and 100% completion levels. Final report shall be submitted in PDF and Microsoft Word Format.

2. Assist in preparation of the City Council Staff Repor t and Resolution, and attend the City Council meeting for adoption of the plan.

Deliverables: Staff report, resolution.

19 Exhibit B
Schedule of Fees
20 21
22 23
24 25

Exhibit C
CITY RFP NO. 24-06
26 Home of The Ronald Reagan Presidential Library
Fred D. Thomas, Mayor Rocky Rhodes, Mayor Pro Tem DeeDee Cavanaugh, Council Member Mike Judge, Council Member Elaine P. Litster, Council Member

2929 Tapo Canyon Road, Simi Valley, CA 93063-2199 805.583.6700 www.simivalley.org PW\Admin\RFPs\RFP 2024\RFP No. PW 24-06

March 14, 2024

SUBJECT: REQUEST FOR PROPOSALS FOR THE CITY OF SIMI VALLEY BICYCLE MASTER PLAN UPDATE, CP60000038, RFP NO. PW 24-06

The City of Simi Valley invites your firm to submit a proposal to prepare an update to the City’s Bicycle Master Plan in conformance with Federal and State standards.

The attached Request for Proposals document contains information and procedures to assist you with the preparation of the proposal. Attention is directed to prospective bidders to meet the minimum insurance requirements as stated on page 10 of this RFP.

Should you have any questions, please do not hesitate to contact Justin Link , Principal Engineer - Traffic, at (805) 583-6884.

Justin Link
Principal Engineer – Traffic

Attachments

cc: Public Works Director

27 RFP NO. PW 24-06
PW\Admin\RFPs\RFP 2024\RFP No. PW 24-06

REQUEST FOR PROPOSALS FOR THE CITY OF SIMI VALLEY BICYCLE MASTER PLAN UPDATE, CP60000038, RFP NO. PW24-06

The City of Simi Valley is requesting proposals to prepare a Bicycle Master Plan Update.

Additional information may be obtained by contacting:

City of Simi Valley
2929 Tapo Canyon Road
Simi Valley, CA 93063
Contact: Justin Link
(805) 583-6884
[email protected]

A complete copy of the Request For Proposals can be viewed and downloaded from the City’s website at www.simivalley.org/bidsandproposals
.

Two (2) copies of the Technical Qualification and two (2) copies of the Cost Proposal must be submitted in separate sealed envelopes. All proposals must be sealed and submitted, at or before 3:00 p.m., April 12, 2024, to the following:

Justin Link
Principal Engineer, Traffic
Department of Public Works
City of Simi Valley
2929 Tapo Canyon Road
Simi Valley, CA 93063

Note: Please mark the outside of the envelopes (and express shipment envelope, if applicable):

REQUEST FOR PROPOSALS FOR THE CITY OF SIMI VALLEY BICYCLE MASTER PLAN UPDATE, CP60000038,
RFP NO. PW 24-06
APRIL 12, 2024
3:00 P.M.

28 RFP NO. PW 24-06
PW\Admin\RFPs\RFP 2024\RFP No. PW 24-06

CITY OF SIMI VALLEY

REQUEST FOR PROPOSALS FOR THE CITY OF SIMI VALLEY BICYCLE MASTER PLAN UPDATE, CP60000038, RFP NO. PW24-06

TABLE OF CONTENTS

Introduction ........................................................................................................................ 1 Scope of Work .................................................................................................................... 1 Consultant Responsibilities ................................................................................................ 1 City Responsibilities ........................................................................................................... 4 Schedule ............................................................................................................................ 4 Proposal Evaluation and Selection .................................................................................... 4 Proposal Content ............................................................................................................... 5 Proposal Terms and Conditions ......................................................................................... 7 Consultant Information ...................................................................................................... 13 Statement of Proposer’s Qualifications and References ................................................... 14 Workers’ Compensation Insurance Certificate .................................................................. 15 Form of Contract ............................................................................................................... 16

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1 REQUEST FOR PROPOSALS FOR THE CITY OF SIMI VALLEY BICYCLE MASTER PLAN UPDATE, CP60000038, RFP NO. PW24-06

INTRODUCTION

The City of Simi Valley (City) has received a grant from the State of California in the amount of $250,000 to prepare an update to the City’s Bicycle Master Plan (BMP). The City seeks a qualified and experienced consultant to prepare the update, which will provide the City with a framework for systematic infrastructure improvements to buildout the plan and provide for safe, efficient, and enjoyable bicycle facilities throughout the City. The completion date for this service will be no later than 365 consecutive working days upon receipt of the Notice to Proceed and final acceptance of work by the City.

Two (2) copies of the Technical Qualification and two (2) copies of the Cost Proposal must be submitted in separate sealed envelopes. All proposals must be sealed and submitted, at or before 3:00 p.m., April 12, 2024. Late Proposals will not be accepted.

SCOPE OF WORK

The BMP was last updated in 2008. The project entails updating the City’s BMP in conformance with Federal and State standards. The work encompasses the following:

I. CONSULTANT RESPONSIBILITIES

A. Project Administration

1. Attend monthly coordination meetings (remote).

Deliverables: Meeting minutes.

2. Prepare and submit timely invoices.

Deliverables: Monthly invoices.

B. Existing Conditions and Analysis

1. Gather existing condition information that includes current mode share, description of land use and destinations, existing bicycle parking, existing wayfinding, and existing non-infrastructure programs.

Deliverables: A memo summarizing review of the available data provided by the City, and any additional data that may be requested to complete the work.

2. Develop a map of existing pedestrian facilities and existing bicycle facilities within the City. Review available documentation, including:

a. 2008 BMP
b. Ventura County Bicycle Maps
c. GIS Data
30 RFP NO. PW 24-06
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2 Collect field data to supplement document review. An inventory of e xisting bicycle facilities, including Class I, Class II, and Class III facilities and associated signage should be collected through field visits.

Deliverables: A map illustrating existing bicycle facilities.

3. Gather collision data for bicyclists and pedestrians both in absolute num bers and as a percentage of all collisions and injuries. Perform analysis and set a goal for collision, serious injury, and fatality reduction after implementation of the plan. Review available documentation, including:

a. Engineering & Traffic Surveys
b. Traffic Count Data
c. Crossroads Collision Data

Deliverables: A memo summarizing review of the available data provided by the City, and any additional data that may be requested to complete the work.

4. Identify active transportation needs for the City’s disadvantaged census tract.

Deliverables: A summary memo.

C. Outreach and Engagement

1. Form an advisory committee of identified stakeholders to meet quarterly to guide the plan development. Stakeholders shall include:

a. Simi Valley Unified School District
b. Simi Valley PD
c. Ventura County Fire
d. Bicycle Organizations (as applicable)

Deliverables: Meeting minutes.

2. Create a website and social media page for plan announcements and documents to be posted. Consultant may work with City Staff to develop a website using existing City tools. The website shall include a graphic representation of the City street and bicycle path network that will allow for “wish list” feedback from residents.

Deliverables: Website, social media accounts, recurring content.

3. Host three (3) community workshops in various parts of the City and varying times as directed by the City to gain community input on new bicycle facilities.

The community meetings shall include a translator.

Deliverables: Workshop handouts, maps; memo summarizing feedback received.

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3 4. Attend at least 10 different community events to gather public input. Events shall include:

a. Presentations to each of the City’s four (4) Neighborhood Councils b. Four (4) farmer’s market events as directed by City Staff c. Two (2) pop-up events as directed by City Staff

Deliverables: Event handouts, maps; memo summarizing feedback received.

5. Attend a coordination meeting with neighboring jurisdictions (remote).

Deliverables: Meeting minutes.

D. Implementation

1. Create maps of the proposed bicycle facilities and non-infrastructure programs based on community and stakeholder input. Estimates on mode shift should be presented.

Deliverables: Mapping.

2. Develop a methodology for project prioritization and a proposed timeline for implementation.

Deliverables: Summary memo.

3. Develop cost estimates for implementation of the plan and identify funding sources for construction.

Deliverables: Summary memo.

4. Create an implementation strategy describing the steps necessary to carry out the plan goals.

Deliverables: Summary memo.

E. Final Plan

1. Prepare the BMP Update. The report shall follow the same structure as the existing report, as provided below:

a. Executive Summary
b. Introduction
c. Existing Conditions
d. Needs Analysis/Public Outreach Summary
e. Recommended Improvements, including any novel or innovative strategies to implement bicycle facilities with constrained right-of-way or obstructions f. Prioritization
g. Funding Opportunities
h. Monitoring and Maintenance
32 RFP NO. PW 24-06
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4 i. Appendices

Deliverables: BMP shall be submitted at 60%, 90% and 100% completion levels. Final report shall be submitted in PDF and Microsoft Word Format.

2. Assist in preparation of the City Council Staff Report and Resolution, and attend the City Council meeting for adoption of the plan.

Deliverables: Staff report, resolution.

II. CITY RESPONSIBILITIES

The City will provide the following information and documents:

• Traffic Count Data (ADT)
• GIS Information
• Engineering & Traffic Surveys
• Crossroads Collision Data
• 2008 Bicycle Master Plan

SCHEDULE

The City anticipates the following proposal review and award schedule:

Action Anticipated Dates
RFP Issued March 14, 2024
Proposal Submittal Deadline April 12, 2024
Proposal Evaluation Complete May 5, 2024
Interviews (if necessary) May 20, 2024
Consultant Selection/Contract Negotiations May 28, 2024 Notice to Proceed July 3, 2024

The above scheduled dates are tentative and the City retains the sole discretion to adjust the above schedule or cancel any or all action(s).

PROPOSAL EVALUATION AND SELECTION

The Technical Qualification Proposal and the Cost Proposal (two copies each) must be submitted in separate sealed envelopes at or before 3:00 p.m., April 12, 2024. Late proposals will not be accepted.

Proposals received shall be based on the professional qualifications presented as required for timely and satisfactory completion of the work. The following criteria will be utilized in the selection process:

1. Experience with similar kinds of work, particularly in a preparing BMP. (20%)

2. Understanding of the work to be done and the ability to meet project deadlines. (40%) 33 RFP NO. PW 24-06
PW\Admin\RFPs\RFP 2024\RFP No. PW 24-06
5 3. Technical qualifications of staff for work to be done. (30%)

4. Possession of any necessary certifications, permits, degrees, licenses, etc. required to perform the work. (10%)

The Cost Proposal will not be used in the ranking process. The Technical Proposal and the qualification review will determine the ranking according to the City's qualification selection procedure.

The Cost Proposal will not be opened by the City until the Technical Proposals have been ranked. The firm rated as most qualified for the requested services will be invited to negotiate a final contract. If an agreement is not reached, negotiations may be terminated and commenced with the next most qualified firm.

The award of the contract will be based on a combination of all of the above factors. The City reserves the right to reject any and all proposals.

PROPOSAL CONTENT

Proposers shall prepare a detailed explanation along with an itemized listing of costs for the work to be performed. The explanation of work shall, at a minimum, explain the intended approach and show that the scope of work is understood as well as highlight the proposer's experience with similar projects. The proposal package shall contain the following:

A. Technical Qualification Proposal:

1. A detailed explanation of the work and intended approach that shows the scope of work is understood. A description of the firm's capabilities and experience on similar projects. Proposers shall also provide a minimum of three (3) project references and contacts.

2. Identification of staff's capabilities and the Project Manager assigned to the work; an Organization Chart showing the proposed relationships between all key personnel, and the support staff assigned to the project; the proposed responsibilities of each person on the chart, and brief resum és which highlight special qualifications relevant to the required tasks.

3. A description of firm's key personnel's present activities and their availability to accomplish the required services.

4. Identification of any subconsultants to be used. Information shall include the name and address of the subconsultant, resumes of the key staff proposed for the project and the tasks to be carried out.

5. A detailed project schedule, describing all tasks, meetings, and major milestones.

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6 B. Cost Proposal:

1. A detailed Fee Schedule which include itemized costs including labor costs, fixed costs, direct and indirect costs, overhead costs and travel costs (including travel labor costs) to and from the City. Hourly rates and any extra unit costs should be provided.

2. Listing of cost of subconsultants and markups, if applicable.

3. Listing of any other costs charged by firm in providing professional services.

Two (2) copies each of the Technical Qualification Proposal and Cost Proposal, submitted in separate sealed envelopes, shall be transmitted with a cover letter that must be signed by an official authorized to bind the proposer contractually, and shall contain a statement that the proposals are firm offers for a 90-day period. The letter accompanying the Technical Qualification Proposal shall also provide the name, title, address, and telephone number of individuals with the authority to negotiate and contractually bind the proposer. An unsigned proposal, or one signed by an individual not authorized to bind the proposer may be rejected.

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7 PROPOSAL TERMS AND CONDITIONS

Requirement to Meet All Request for Proposals Provisions - Each proposer shall meet all of the work scope/specifications and Request for Proposals Terms and Conditions. By virtue of the proposal submission, the proposer acknowledges agreement with and acceptance of all provisions of the work scope/specifications except as expressly qualified in the proposal.

Nonsubstantial deviations may be considered provided that the proposer submits a full description and explanation of and justification for the proposed deviations. Whether any proposed deviation is acceptable will be determined by the City of Simi Valley in its sole discretion.

Communications Regarding Proposal - All timely requests (timely requests are those which the City in its sole judgment, can reasonably respond to before the submittal deadline) for information submitted in writing will receive a written response from the City. Telephone communications with City staff are not encouraged but will be permitted. However, any such verbal communication shall not be binding on the City.

Proposal Submission - Each proposal must be submitted as described in the Request for Proposals. The Proposal shall be enclosed in a sealed envelope and addressed to Justin Link, Principal Engineer, Department of Public Works, City of Simi Valley, 2929 Tapo Canyon Road, Simi Valley, California 93063. The proposal shall be clearly labeled with the proposal title, name of proposer, and date and time proposals are due. If proposal is delivered to the City via express delivery or other priority mail service, the above information must also be included on the outside shipment envelope.

Submission of One Proposal Only - No individual, or business entity of any kind shall be allowed to make or file or to be interested in more than one proposal, except an alternative proposal when specifically requested. However, an individual who has quoted prices on materials to a firm submitting a proposal is not thereby disqualified from quoting prices to other firms submitting proposals.

California Public Records Act - All information contained in the Proposal, and the Proposal itself, is a public record and subject to release to the public once opened. Bidders shall not include trade secrets or other confidential information in their bids. To request for public records, please visit www.simivalley.org/recordsrequest or contact the City Clerk’s Office at (805) 583-6748.

Proposal Withdrawal - Proposers may withdraw their proposal without prejudice prior to the time specified as the due date by submitting a written request to the Department of Public Works, Public Works Director, for its withdrawal. If this occurs the proposal will be returned to the proposer unopened. No proposal received after the time specified or at any place other than the place stated in the Request for Proposals will be considered.

Protest Procedures - Any bidder, proposer, or contractor who is allegedly aggrieved in connection with the solicitation or award of a contract may protest. Bidders are to be advised that protests of the process, terms, conditions or any other aspect of the solicitation, must be made prior to the bid or proposal due date.
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8 Bidders and proposers may not protest the contents of the specifications of the bid/RFP/RFQ nor the award based on the use of the Local Vendor Preference. Protests must be in writing and transmitted by facsimile, email or by mail to the attention of the Purchasing Agent.

Protest of the recommendation for award for bids must be made immediately, and in no event later than five working days after the close of bids. In the case of an RFP/RFQ, after the notice of recommendation for award. All protests must be based on fact(s) and include the following information:

1. The name, address, telephone number and email address of the protestor;

2. The signature of the protestor or protestor's representative;

3. The solicitation or contract number;

4. A detailed statement of the legal and/or factual grounds of the protest and all documentation supporting the vendor's position at the time of the initial protest;

5. The form of relief requested.

The Purchasing Agent or designee sha ll endeavor to respond in writing within five (5 ) working days to the protestor. Should more information be required, the Purchasing Agent may provide time extensions during this process. The decision rendered by the Purchasing Agent shall be in writing and shall be final.

The City reserves the right to award the Contract to the bidder it has determined to be the responsible bidder submitting the lowest responsive and responsible bid, and to issue a notice to proceed or notice of award notwithstanding any pending or continuing challenge to its determination. The City has no obligation to suspend or otherwise delay the procurement and/or award to allow for completion of a protest process.

Proposal Retention and Award - The City reserves the right to retain all proposals for a period of 90 days for examination and comparison. The City also reserves the right to determine and waive nonsubstantial irregularities in any proposal, to reject any or all proposals, to reject one part of a proposal and accept the other, except to the extent that the proposals are qualified by specific limitations, and to make award as the interest of the City may require based on the criteria identified in this Request for Proposals.

Contract Requirement - The proposer to whom award is made shall execute a written contract with the City within ten (10) calendar days after written notice of the award has been sent by mail to the address given in the proposal or within ten (10) calendar days after receipt by proposer.

The City’s form contract is attached. The contract will be refined during final preparation of the contract documents between City and Consultant. The “Scope of Work” will be incorporated in the Contract as Exhibit “A”, the “Schedule of Fees” will be incorporated as Exhibit “B” and if applicable, Insurance Requirements will be incorporated as Exhibit “C”.

The proposer warrants that proposer possesses, or has arranged through subcontracts, all capital and other equipment, labor and materials to carry out and complete the work hereunder in compliance with all Federal, State, County, City and Special District Laws, Ordinances, and Regulations which are applicable; and further, proposer shall comply with 37 RFP NO. PW 24-06
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9 all Federal, State, County, City and Special District Laws, Ordinances, and Regulations which are applicable.

Failure to Accept Contract - If upon notification of intent to award the proposal by the City, the proposer fails to enter into the Contract within the specified time peri od, the pending award will be annulled. In such case, the City reserves the right to recover any damages proximately caused by the proposer’s failure to enter into a contract. An award may be made to the next most qualified proposer who shall fulfill every term and condition of the Request for Proposals.

Business Tax - The City's Business Tax Ordinance requires that a Business Tax Receipt be obtained before any business, trade, profession, enterprise, establishment, occupation, or calling is conducted within the City. The amount of the tax is based on gross receipts resulting from business conducted in the City of Simi Valley and is required to be paid when business is conducted in the City even though the principal location of the business may be outside of the City or a Business Tax Receipt has been issued to them by another city.

Issuance of a Business Tax Receipt is only evidence of the fact that the tax has been paid.

It does not sanction or approve any operation not otherwise permitted. The City will verify that the proposer has a valid City of Simi Valley Business Tax Receipt prior to the execution of the Contract. Additional information regarding the City's Business Tax program may be obtained by calling (805) 850-1521.

Non-Exclusive Contract - The City reserves the right to purchase the items/services listed in this Request for Proposals, as well as any supplemental items/services, from other vendors during the Contract term.

Submission of References - Each proposer shall submit a statement of qualifications and references on the form provided in the Request for Proposals package.

DIR Registration – In accordance with the provisions of California Labor Code Section 1771.1, as amended by SB 854, unless registered with the DIR (Department of Industrial Relations), a contractor may not propose, nor be listed as a subcontractor, for any proposal submitted for public work on or after March 1, 2015, with certain exceptions as set forth in Labor Code 1771.1(a), or unless the small project exemption applies (total cost of project:
$25,000 for public works or $15,000 for maintenance). Without the small project exemption, a public entity cannot award a public work contract to a non- registered contractor or subcontractor, effective July 1, 2017. As such, proposers on non-exempt projects must be registered with DIR. If any contractor or subcontractor listed in a proposal is believed to be exempt from registration as set forth in Labor Code 1771.(a), the proposal must set forth the claimed exemption. Failure to provide evidence of registration or of a valid exemption at the time of proposal submittal shall render the proposal as non-responsive and shall act as a bar to award the Contract to any proposer not registered with DIR.

Prevailing Wages and Minority Group Skill Upgrade and Employment - Proposers are hereby notified that pursuant to the provisions of the California Labor Code the California Department of Industrial Relations has ascertained the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which this work is to be performed for each craft, classification or type of worker needed to execute the Contract. Such wage scale is set forth at length in a Schedule of Pre vailing Rates of Wages that is on file at the California Department of Industrial Relations and is 38 RFP NO. PW 24-06
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10 available at www.dir.ca.gov/DLSR/PWD/index.htm. The published prevailing rates that the Contractor shall pay are hereby incorporated in and made a part of these Proposal Terms and Conditions.

Delivery – All supplies, equipment or services to be provided under the terms and conditions of this proposal shall be delivered F.O.B. Simi Valley by the successful proposer and received by the City within 365 days after order by the City unless otherwise conditioned by the proposer in the proposal.

Insurance Requirements

Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.

Minimum Scope and Limit of Insurance

Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: 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 $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation insurance as required by t he 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. Consultant hereby certifies that it is aware of the provisions of Section 3700 et seq., of the Labor Code which require every employer to be insured against liability for Workers' Compensation.

4. Professional Liability (Errors and Omissions) Insurance appropriate to the Consultant’s profession, with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate.

If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Other Insurance Provisions - The insurance policies are to contain, or be endorsed to contain, the following provisions:

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11 Additional Insured Status
The City, its Boards, Officers, Agents, Officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, o r equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

Primary Coverage
For any claims related to this project/contract, the Consultant’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its Boards, Officers, Agents, Officials, employees, and volunteers. Any insurance or self- insurance maintained by the City, its Boards, Officers, Agents, Officials, employees, and volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.

Notice of Cancellation
Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City.

Waiver of Subrogation
Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. 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 the City has received a waiver of subrogation endorsement from the insurer. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Consultant, its employees, agents and subcontractors.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defen se expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:

1. The Retroactive Date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 40 RFP NO. PW 24-06
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12 3. If coverage is canceled or non-renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective, or start of work date, the Consultant must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.

4. A copy of the claims reporting requirements must be submitted to the City for review.

Verification of Coverage
Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that the City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.

Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Non-commitment of Department - This Request for Proposal does not commit the City to award a contract, to pay any costs incurred in the preparation of a Proposal for this request, or to procure or contract for services. The City reserves the right to accept or reject any or all proposals received as a result of this request, to negotiate with any qualified firm or to modify or cancel in part or in its entirety the Request for Proposal if it is in the best interests of the City to do so.

Public Domain - All products used or developed in the execution of any contract resulting from this Request for Proposals will remain in the public domain at the completion of the contract.

Required Timeframes - The Consultant office hours shall be 8:00 a.m. to 5:00 p.m., Monday through Friday, so that the Consultant will be available to City staff and design professionals.

Inspections - City reserves the right to inspect the work being accomplished by the Consultant at any time.

Assignment of Consultant Personnel - The Consultant shall have City's written approval prior to making any change in a project team assigned to a project.

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13 SUBMIT WITH PROPOSAL

CONSULTANT INFORMATION

REQUEST FOR PROPOSALS FOR THE CITY OF SIMI VALLEY
BICYCLE MASTER PLAN UPDATE , CP 60000038, RFP NO.

PW 24-06

Firm Name:

Address:

City: State: Zip:

Doing Business as: Individual/Partnership/Corporation State of Incorporation

Federal Tax ID No.:

DIR Registration No.:

Telephone:

Fax:

E-Mail:

Company Website:

Primary Contact:

Title:

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14 SUBMIT WITH PROPOSAL

STATEMENT OF PROPOSER’S QUALIFICATIONS AND REFERENCES

The Proposer is required to state the Proposer's financial ability and a general description of similar work performed.

Number of years engaged in providing the work included wi thin the scope of the specifications under the present business name: .

List and describe fully a minimum of three projects performed by your firm within the last five years, which demonstrate your ability to complete the work included within the scope of the specifications and where the Proposer has performed work to inspect a water tank coating project. Attach additional pages if required. The District reserves the right to contact each of the references listed for additional information regarding your firm's qualifications.

Reference No. 1

Customer Name:

Contact Individual: Phone No.

Address:

Contract Amount: Year:

Description of work done:

Reference No. 2

Customer Name:

Contact Individual: Phone No.

Address:

Contract Amount: Year:

Description of work done:

Reference No. 3

Customer Name:

Contact Individual: Phone No.

Address:

Contract Amount: Year:

Description of work done:

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15 WORKERS’ COMPENSATION INSURANCE CERTIFICATE

Section 1860 and 1861 of the California Labor Code require every contractor to whom a public works contract is awarded to sign and file with the awarding body the following statement:

“I am aware of the Provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract.”

By

Date: Title

By

Date: Title

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16 CONTRACT FOR PROFESSIONAL SERVICES BETWEEN THE
CITY OF SIMI VALLEY AND _____________ TO PREPARE THE

CITY OF SIMI VALLEY BICYCLE MASTER PLAN UPDATE,
CP60000038, RFP NO. PW 24-06

THIS CONTRACT is made and entered into in the City of Simi Valley on this day of 2024 , by and between the CITY OF SIMI VALLEY, a municipal corporation, hereinafter referred to as CITY, and ________________, a (type of business entity), hereinafter referred to as CONSULTANT, each a “Party” and collectively “Parties”.

RECITALS

WHEREAS, on March 14, 2024 CITY requested proposals for professional services to prepare the City of Simi Valley Bicycle Master Plan Update, CP60000038, RFP No. PW 24-06; and

WHEREAS, pursuant to such request, CONSULTANT submitted a proposal, which was accepted by CITY for the services.

NOW, THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the Parties hereto agree as follows:

AGREEMENT

1. Recitals. The foregoing recitals are true and correct and are a part of this CONTRACT.

2. Term. The term of this CONTRACT shall be from the date this CONTRACT is made and entered, as first written above, and shall be completed no later than 365 consecutive working days after the receipt of the Notice to Proceed and final acceptance of all work by the City.

3. Description of Services. The services to be performed by CONSULTANT are as follows:

Prepare a Bicycle Master Plan Update in conformance with Federal and State standards.

CONSULTANT agrees to perform the services more specifically set forth in the “Scope of Work” attached hereto and incorporated herein as Exhibit “A”. CONSULTANT will meet with CITY at least monthly to discuss the anticipated tasks planned for the month and to receive direction from CITY regarding same.

4. Compensation and Payment.

A. The total compensation payable to CONSULTANT by CITY for services under this CONTRACT shall not exceed the sum of $____________ (the “Not-To- Exceed Amount”), and shall be earned as the work progresses. Payment will be made based on the rates contained in the “Schedule of Fees” as set forth in Exhibit “B” attached hereto and incorporated herein. CONSULTANT acknowledges that CONSULTANT is not 45 RFP NO. PW 24-06
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17 guaranteed to receive the Not-To-Exceed Amount or any particular or minimum amount of compensation or work under this CONTRACT.

B. After CONSULTANT has performed the services as specified in this CONTRACT, CITY shall be obligated to pay CONSULTANT based upon the actual CITY-authorized services received by CITY at the rates established as a part of this CONTRACT. In no event shall the total amount paid exceed the CONTRACT Not -to- Exceed Amount unless otherwise agreed to by the Parties in writing.

C. Payments to the CONSULTANT shall be made within 30 days after receipt of an original invoice from the CONSULTANT and acceptance of the services by CITY.

D. CONSULTANT shall provide CITY with written verification of the actual compensation earned, which written verification will be in a form satisfactory to CITY. Invoices shall include the work performed including a list of hours worked by personnel.

5. CONSULTANT’s Representations and Obligations.

A. CONSULTANT shall perform as required by this CONTRACT.

CONSULTANT also warrants on beh alf of itself and all subcontractors engaged for the performance of this CONTRACT that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder.

B. CONSULTANT shall obey all Federal, State, local, and special district laws, ordinances, and regulations.

C. CONSULTANT agrees to abide by CITY’s Business Tax
Ordinance, of which proof of payment must be obtained prior to performance of this CONTRACT.

D. CONSULTANT acknowledges CITY may contract with other Parties for the performance of services or supplemental services as they relate to the work during the term of this CONTRACT.

6. Audit.

A. At any time during normal business hours and as often as the CITY may deem necessary, CONSULTANT shall make available to CITY for inspection its records pertaining to this CONTRACT. CONSULTANT shall permit CITY to audit, examine and/or reproduce such records. CONSULTANT will retain such financial records, time sheets, work progress reports, invoices, bills and project records for at least (2) years after termination or final payment under this CONTRACT. This paragraph shall survive for two (2) years after termination of this CONTRACT.

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18 B. CITY shall have the option of inspecting and/or auditing all records and other written materials used by CONSULTANT in preparing its statements to CITY as a condition precedent to any payment to CONSULTANT.

7. Hold Harmless and Indemnification. To the fullest extent permitted by law (including, without limitation, California Civil Code Sections 2782 and 2782.8), CONSULTANT shall defend, and provide legal defense with attorney(s) acceptable to CITY, indemnify, and hold harmless the CITY, its agents, officials, officers, representatives, and employees, (collectively “Indemnitees”) from and against all claims, lawsuits, liabilities or damages (including, without limitation, injury to or death of an employee of CONSULTANT or its sub-consultant), expense and liability of every kind, nature and description (including, without limitation incidental and consequential damages, court costs, attorney’s fees, litigation expenses and fees of expert consultants or expert witnesses incurred in connection therewith and costs of litigation) that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT, any sub-consultant, anyone directly or indirectly employed by them, or anyone that they control.

To the extent there is an obligation to indemnify under this Section of this CONTRACT; CONSULTANT shall be responsible for incidental and consequential damages resulting from CONSULTANT’S negligence, recklessness, or willful misconduct. The provisions of this Section survive completion of the services or the termination of this CONTRACT. The provisions of this Section are not limited by the provisions of this CONTRACT relating to insurance. The CONSULTANT shall thoroughly investigate any and all claims subject to the provisions of this Section, and indemnify the CITY and do whatever is necessary to protect any and all Indemnitees.

8. Amendments. Any amendment, modification, or variation from the provisions of this CONTRACT shall be in writing and shall be effective only upon mutual written approval by the Public Works Director and CONSULTANT.

9. Anti-Discrimination. In the performance of the terms of this CONTRACT, CONSULTANT shall not engage in, nor permit subcontractors to engage in, discrimination in employment of persons because of the age, race, color, religious creed, sex, sexual orientation, national origin, ancestry, physical disability, mental disability, medical condition, or marital status of such persons. Violation of this provision may result in the imposition of penalties referred to in Labor Code Section 1735.

10. Personal Services. This Agreement is for professional services, which are personal to CITY. is deemed to be specially experienced and is a key member of CONSULTANT’S firm, and shall be directly involved in performing, supervising, or assisting in the performance of this work. This key person shall communicate with, and periodically report to, CITY on the progress of the work. Should any such individual be removed from assisting in this contracted work for any reason, CITY may terminate this CONTRACT.

11. Termination. If, during the term of this CONTRACT, CITY determines that CONSULTANT is not faithfully abiding by any term or condition contained herein, CITY may notify CONSULTANT in writing of such defect or failure to perform. The notice must 47 RFP NO. PW 24-06
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19 give to the CONSULTANT a ten (10) day period of time thereafter in which to perform the work or cure the deficiency. If CO NSULTANT has not performed the work or cured the deficiency within the ten (10) days specified in the notice, such failure shall constitute a breach of this CONTRACT, and CITY may terminate this CONTRACT immediately by written notice to CONSULTANT. In add ition, CITY, if it terminates this CONTRACT for cause, may withhold as an offset from payments due CONSULTANT damages occasioned by such breach, including liquidated damages, if so provided herein. The CITY shall be liable to the CONSULTANT only for those fees accrued by the CONSULTANT to the date CONSULTANT receives the notice of termination. In no event, however, shall CONSULTANT be entitled to receive in excess of the CONTRACT amount.

12. Delivery of Reports in Cases of Termination. If this CONTRACT is terminated pursuant to any of the provisions contained hereinabove, and if requested to do so in writing by the CITY, the CONSULTANT shall, within fourteen (14) calendar days after receipt of such written request, deliver and turn over to the CITY all of its preparation and work on the project which were done to the date of the receipt of the notice of termination.

The terms "preparation" and "work" as used in this paragraph, shall refer to and include all data and materials of whatever type that have been gathered by the CONSULTANT, and contemplated to be used or actually used, in the provision of the services as specified in this CONTRACT.

13. Complete CONTRACT. This CONTRACT and its accompanying exhibits shall constitute the complete CONTRACT between the Parties hereto. No verbal agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such verbal agreement, understanding, or representation be binding upon the Parties hereto.

14. Independent Contractor. It is expressly understood between the Parties to this CONTRACT that no employee/employer relationship is intended.

CONSULTANT is not an agent or employee of the CITY and it is not entitled to participate in any pension plan, insurance or other benefits CITY provides for its employees.

CONSULTANT is an independent contractor in performing the Services required under this CONTRACT and will have control of all work and the manner in which it is performed. Any provision of this CONTRACT that may appear to give CITY the right to direct CONSULTANT as to the details of doing the work required herein or to exercise a measure of control over the work means that the CONSULTANT will follow the direction of the CITY as to the results of the work only.

15. Time of Performance. Time is of the essence in this CONTRACT.

16. Insurance. CONSULTANT shall, at CONSULTANT’S sole cost and expense, provide insurance as contained in Exhibit “C”, incorporated herein.

CONSULTANT shall not commence work on the Services to be performed, until it submits proof of all insurance coverage as required.

17. Ownership of Reports and Data. The originals of all studies, reports, exhibits, documents, data and other work or materials prepared for, or used to comply with any term of this CONTRACT, plus any copies of same required by this CONTRACT to be furnished to the CITY by any of the other Party(ies) with whom the CONSULTANT may have 48 RFP NO. PW 24-06
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20 contract(s) pertaining to this project, shall be deemed to be public records open to inspection by the public and, as such, to be and remain the property of the CITY.

18. Conflict of Interest. Neither CONSULTANT nor any employees, agents, or subcontractors of CONSULTANT who will be assigned to this project, to the best of CONSULTANT'S knowledge, own any property or interest in properties, business relationships, or sources of income which may be affected by the performance of this CONTRACT. Should one P arty hereto learn of any such interest, income source, or business relationship, such fact shall immediately be brought to the attention of the other Party hereto. If the Parties thereupon cannot mutually agree upon a means to eliminate the conflict, CITY may terminate the CONTRACT immediately for non-performance pursuant to Section 11 herein.

In accordance with California Government Code Section 87306, CONSULTANT shall provide, if requested by CITY, a Conflict of Interest Statement, Form 700 no later than 30 days after execution of this CONTRACT, and annually thereafter prior to April 1st of each year for the duration of the CONTRACT. Failure to file any of the required statements will result in withholding payment for services rendered.

19. Successors and Assigns. The terms hereof shall be binding upon and inure to the benefit of the successors and assigns of the P arties hereto; provided, however, that no P arty hereto shall assign any of the benefits and burdens hereunder, whether voluntarily or by operation of law, without the prior written consent of the other Party, and any such assignment without said consent shall be void.

20. Authority to Execute CONTRACT. Both CITY and CONSULTANT do covenant that each individual executing this CONTRACT on behalf of each Party is a person duly authorized and empowered to execute contracts for such Party.

21. Jurisdiction and Venue. Jurisdiction is in an appropriate court in the State of California and venue lies in Ventura County, and the Parties do not consent to arbitration. In the event of any dispute, each P arty shall bear its own fees and costs (including attorneys’ fees). This CONTRACT shall be governed by California law, without regard to conflict of law principles.

22. Non-Appropriation of Funds . Payments due and payable to CONSULTANT for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of CITY. In the event CITY has not appropriated sufficient funds for payment of CONSULTANT services beyond the current fiscal year, this CONTRACT shall cover only those costs incurred up to the conclusion of the current fiscal year.

23. Taxpayer Identification Number. CONSULTANT shall provide CITY with a complete Request for Taxpayer Identification Number and Certification, form W -9 (latest revision), as issued by the Internal Revenue Service.

24. Permits and Licenses. CONSULTANT, at its sole cost and expense, shall obtain and maintain during the term of this CONTRACT, all appropriate permits, licenses, and certificates that may be required in connection with the performance of this 49 RFP NO. PW 24-06
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21 CONTRACT.

25. Waivers. The waiver by one P arty of any term or condition of this CONTRACT, or any breach thereof, shall not be construed to be a general waiver by the Party or as a waiver of any other term or breach.

26. Statement of Experience . CONSULTANT warrants that it will perform its Services with at least the due care, diligence and expertise generally accepted in its industry. CONSULTANT also understands and agrees that it is being employed to perform the Services provided for by this CONTRACT because of CONSULTANT’S professed expertise and experience in performing such Services. In addition, CONSULTANT understands and agrees that while CITY or CITY’S officers, employees, agents or volunteers may elect to do so, they have no duty to review, inspect, monitor, or supervise the work performed by CONSULTANT pursuant to this CONTRACT. As a consequence, CONSULTANT waives any right of contribution against CITY or any of CITY’S officers, employees, agents, or volunteers arising out of such failure to inspect, review, monitor, or supervise the work performed by CONSULTANT pursuant to this CONTRACT.

27. Notices. All written notices required by, or related to this CONTRACT shall be sent by Certified Mail, Return Receipt Requested, postage prepaid and addressed as listed below. Neither Party to this CONTRACT shall refuse to accept such mail; the Parties to this CONTRACT shall promptly inform the other Party of any change of address.

All notices required by this CONTRACT are effective on the day of receipt, unless otherwise indicated herein. The mailing address of each Party to this CONTRACT is as follows:

CITY Ron Fuchiwaki, Director
Department of Public Works
City of Simi Valley
2929 Tapo Canyon Road
Simi Valley, CA 93063
Staff Contact: Justin Link, Principal Engineer - Traffic (805) 583-6884

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22 CONSULTANT ________________________
________________________
________________________

IN WITNESS WHEREOF, the Parties hereto have caused this instrument to be executed the day and year first above written.

Attest: City of Simi Valley, A Municipal Corporation

By:

Lucy Blanco, City Clerk Fred D. Thomas, Mayor of the City of Simi Valley, California

Approved as to Form: Insert Name Of Company Above

By:

Algeria R. Ford, City Attorney
Print Name:

Approved as to Content: Title:

By:

Brian Paul Gabler, City Manager
Print Name:

Title:

Johanna Medrano,
Deputy Administrative Services Director/
Budget & Purchasing

Ronald K. Fuchiwaki
Public Works Director

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23 EXHIBIT “A”

SCOPE OF WORK

CONTRACT FOR PROFESSIONAL SERVICES BETWEEN THE
CITY OF SIMI VALLEY AND _____________ TO PREPARE THE

CITY OF SIMI VALLEY BICYCLE MASTER PLAN UPDATE,
CP60000038, RFP NO. PW 24-06

SCOPE OF WORK
The BMP was last updated in 2008. The project entails updating the City’s BMP in conformance with Federal and State standards. The work encompasses the following:

I. CONSULTANT RESPONSIBILITIES

A. Project Administration

1. Attend monthly coordination meetings (remote).

Deliverables: Meeting minutes.

2. Prepare and submit timely invoices.

Deliverables: Monthly invoices.

B. Existing Conditions and Analysis

1. Gather existing condition information that includes current mode share, description of land use and destinations, existing bicycle parking, existing wayfinding, and existing non-infrastructure programs.

Deliverables: A memo summarizing review of the available data provided by the City, and any additional data that may be requested to complete the work.

2. Develop a map of existing pedestrian facilities and existing bicycle facilities within the City. Review available documentation, including:

a. 2008 BMP
b. Ventura County Bicycle Maps
c. GIS Data

Collect field data to supplement document review. An inventory of e xisting bicycle facilities, including Class I, Class II, and Class III facilities and associated signage should be collected through field visits.

Deliverables: A map illustrating existing bicycle facilities.

3. Gather collision data for bicyclists and pedestrians both in absolute numbers and as a percentage of all collisions and injuries. Perform analysis and set a 52 RFP NO. PW 24-06
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24 goal for collision, serious injury, and fatality reduction after implementation of the plan. Review available documentation, including:

d. Engineering & Traffic Surveys
e. Traffic Count Data
f. Crossroads Collision Data

Deliverables: A memo summarizing review of the available data provided by the City, and any additional data that may be requested to complete the work.

4. Identify active transportation needs for the City’s disadvantaged census tract.

Deliverables: A summary memo.

C. Outreach and Engagement

1. Form an advisory committee of identified stakeholders to meet quarterly to guide the plan development. Stakeholders shall include:

a. Simi Valley Unified School District
b. Simi Valley PD
c. Ventura County Fire
d. Bicycle Organizations (as applicable)

Deliverables: Meeting minutes.

2. Create a website and social media page for plan announcements and documents to be posted. Consultant may work with City Staff to develop a website using existing City tools. The website shall include a graphic representation of the City street and bicycle path network that will allow for “wish list” feedback from residents.

Deliverables: Website, social media accounts, recurring content.

3. Host three (3) community workshops in various parts of the City and varying times as directed by the City to gain community input on new bicycle facilities.

The community meetings shall include a translator.

Deliverables: Workshop handouts, maps; memo summarizing feedback received.

4. Attend at least 10 different community events to gather public input. Events shall include:

a. Presentations to each of the City’s four (4) Neighborhood Councils b. Four (4) farmer’s market events as directed by City Staff c. Two (2) pop-up events as directed by City Staff

Deliverables: Event handouts, maps; memo summarizing feedback received.

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25 5. Attend a coordination meeting with neighboring jurisdictions (remote).

Deliverables: Meeting minutes.

D. Implementation

1. Create maps of the proposed bicycle facilities and non-infrastructure programs based on community and stakeholder input. Estimates on mode shift should be presented.

Deliverables: Mapping.

2. Develop a methodology for project prioritization and a proposed timeline for implementation.

Deliverables: Summary memo.

3. Develop cost estimates for implementation of the plan and identify funding sources for construction.

Deliverables: Summary memo.

4. Create an implementation strategy describing the steps necessary to carry out the plan goals.

Deliverables: Summary memo.

E. Final Plan

1. Prepare the BMP Update. The report shall follow the same structure as the existing report, as provided below:

a. Executive Summary
b. Introduction
c. Existing Conditions
d. Needs Analysis/Public Outreach Summary
e. Recommended Improvements, including any novel or innovative strategies to implement bicycle facilities with constrained right-of-way or obstructions f. Prioritization
g. Funding Opportunities
h. Monitoring and Maintenance
i. Appendices

Deliverables: BMP shall be submitted at 60%, 90% and 100% completion levels. Final report shall be submitted in PDF and Microsoft Word Format.

2. Assist in preparation of the City Council Staff Report and Resolution, and attend the City Council meeting for adoption of the plan.

Deliverables: Staff report, resolution.
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26 EXHIBIT “B”

SCHEDULE OF FEES

CONTRACT FOR PROFESSIONAL SERVICES BETWEEN THE
CITY OF SIMI VALLEY AND _____________ TO PREPARE THE

CITY OF SIMI VALLEY BICYCLE MASTER PLAN UPDATE,
CP60000038, RFP NO. PW 24-06

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27 EXHIBIT “C”

INSURANCE REQUIREMENTS

CONTRACT FOR PROFESSIONAL SERVICES BETWEEN THE
CITY OF SIMI VALLEY AND _____________ TO PREPARE THE

CITY OF SIMI VALLEY BICYCLE MASTER PLAN UPDATE,
CP60000038, RFP NO. PW 24-06

Insurance Requirements

Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.

Minimum Scope and Limit of Insurance

Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (IS O CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: 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 $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation insurance as required by 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. Consultant hereby certifies that it is aware of the provisions of Section 3700 et seq., of the Labor Code which require every employer to be insured against liability for Workers' Compensation.

4. Professional Liability (Errors and Omissions) Insurance appropriate to the Consultant’s profession, with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate.

If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Other Insurance Provisions - The insurance policies are to contain, or be endorsed to contain, the following provisions:
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28 Additional Insured Status

The City, its Boards, Officers, Agents, Officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, o r equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

Primary Coverage

For any claims related to this project/contract, the Consultant’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its Boards, Officers, Agents, Officials, employees, and volunteers. Any insurance or self- insurance maintained by the City, its Boards, Officers, Agents, Officials, employees, and volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.

Notice of Cancellation

Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City.

Waiver of Subrogation

Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. 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 the City has received a waiver of subrogation endorsement from the insurer. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Consultant, its employees, agents and subcontractors.

Self-Insured Retentions

Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.

Acceptability of Insurers

Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

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29 Claims Made Policies

If any of the required policies provide coverage on a claims-made basis:

1. The Retroactive Date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

3. If coverage is canceled or non- renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective, or start of work date, the Consultant must purchase extended reporting period coverage for a minim um of five (5) years after completion of contract work.

4. A copy of the claims reporting requirements must be submitted to the City for review.

Verification of Coverage

Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Subcontractors

Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that the City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.

Special Risks or Circumstances

City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

58 SUBMIT WITH RFP

CITY OF SIMI VALLEY
Home of The Ronald Reagon Presidential Library
April 11, 2024
SUBJECT: REQUEST FOR PROPOSALS FOR THE CITY OF SIMI VALLEY BICYCLE MASTER PLAN UPDATE, CP60000038, RFP NO. PW24-06

TIME EXTENSION
All Prospective Proposers:

NOTICE IS HEREBY GIVEN to all prospective proposers that the following modifications are made to the subject REQUEST FOR PROPOSALS:
• CHANGE; "All proposals must be sealed and submitted, at or before 3:00 p.m., April 12, 2024." to "All proposals must be sealed and submitted, at or before 3:00 p.m., April 26, 2024."
• CHANGE; APRIL 12, 2024 to APRIL 26, 2024 on pages 1, 4 and other pages where it is stated.

Questions regarding this addendum may be directed to Justin Link, Principal Engineer, at (805) 583-6884.
nJd -e__�-:t:-J�
Principal Engineer

RECEIPT OF THIS NOTICE IS HEREBY ACKNOWLEDGED
Name (Print)
Signature
Title
Fred D. Thomas, Mayor Rocky Rhodes, Mayor Pro Tern Mike Judge, Council Member Dee Dee Cavanaugh, Council Member Elaine P. Litster, Council Member 2929 Tapo Canyon Road, Simi Valley, CA 93063-2199 805.583.6700 www.simivalley.org Addendum No. 1 RFP No. PW 24-06
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91 92
93 94
95 96
97 98
99 100
101
102