HomeMy WebLinkAbout25C - AGMT - BIKE AND PED SAFETY• 10 Lei 1 0
CITY COUNCIL MEETING DATE:
MARCH 7, 2017
TITLE:
AGREEMENT WITH NEIGHBORWORKS
ORANGE COUNTY TO PROVIDE BICYCLE
AND PEDESTRIAN SAFETY EDUCATION
SERVICES (PROJECT NO. 17 -6884)
(STRATEGIC PLAN NO. 1, 313)
' A
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1" Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For.,_,_
CONTINUED TO
FILE NUMBER
Authorize the City Manager and the Clerk of the Council to execute an agreement with
NeighborWorks Orange County to provide bicycle safety education services for the period
beginning March 7, 2017, and ending September 30, 2017, in an amount not to exceed
$140,000, subject to nonsubstantive changes approved by the City Manager and City Attorney.
DISCUSSION
On October 4, 2016, the City Council approved an agreement with the State of California Office
of Traffic Safety (OTS) for a program to address bicycle and pedestrian safety through a series of
bilingual (English and Spanish) educational workshops and events. The City Council also
recognized the grant amount of $158,000 from OTS to implement the programs. The program
goal is to reduce the number of persons killed or injured in collisions involving bicycles.
The education and outreach campaign is intended to reach community members of all ages. It
will include classes on bicycle safety skills taught by the League of American Bicyclists Certified
Instructors. There will also be nighttime bicycle light and helmet distribution events, classroom
pedestrian safety assemblies, a train - the - trainer seminar to certify new cycling instructors, and
bicycle /pedestrian safety information displayed at bus stops and on street banners.
A Request for Proposals (RFP) for education services was released and distributed on November
3, 2016, to qualified bicycle education organizations. Proposals were due November 22, 2016.
The City received one proposal from multiple local organizations (NeighborWorks, Santa Ana
Active Streets, Bicycle Tree, KidWorks, and Latino Health Access) partnering together on a
single proposal. Due to the unique nature of the work, staff does not believe that a new RFP
process would result in additional proposals from other qualified organizations and only further
delay providing these necessary safety programs. Staff recommends that NeighborWorks
Orange County be retained for an amount not to exceed $140,000 for education services. Based
25C -1
Agreement for Bicycle and Pedestrian Safety Education Program
March 7, 2017
Page 2
on local community experience, qualifications, project understanding, and familiarity with the
grant source, this organization has demonstrated they have the experience and resources
needed to successfully provide the required services. The remaining project funds will be utilized
by Public Works staff for the Safe Crossers Program that includes a series of pedestrian safety
classroom assemblies at Santa Ana elementary schools.
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #1 - Community Safety, Objective
#3 (promote fiscal accountability to ensure financial responsibility at all levels of the organization),
Strategy B (promote ongoing efforts to obtain grant funding for activities that will assist in
preventing, enforcing and reducing criminal activity and traffic collisions).
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
The total cost of the agreement is not to exceed $140,000. Funds are budgeted and available in
OTS- Bicycle Safety PWA fund (Account No. 16517611- 66220, Project No. 17 -6884) for
expenditure as follows:
Frel Mousavip u
Executive Director
Public Works Agency
FM/WEG /CW
Exhibit: 1. Agreement
FISCAL YEAR
AMOUNT
2016 -2017
$105,000
2017 -2018
$35,000
TOTAL:
$140,000
APPROVED AS TO FUNDS AND ACCOUNTS:
I S&& x k as
Francisco Gutierrez k_Xj?,
Executive Director
Finance & Management Services Agency
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Exhibit 1
CONSULTANT AGREEMENT
THIS AGREEMENT is made and entered into this , day of 2017, by and
between Neighborhood Housing Services of Orange County, Inc. dbaNeighborWorks Orange
County, a California corporation (`Consultant "), and the City of Santa Ana, a charter city
and municipal corporation organized and existing under the Constitution and laws of the State
of California (`City "),
RECITALS
A, The Santa Ana Public Works Agency was awarded a $158,000 grant from the State of
California Office of Traffic Safety (OTS) for a program to address bicycle safety
through a series of bicycle safety education workshops and events, The goal of the
program is to reduce the number of persons killed or injured in collisions involving
bicycles.
S. On November 3, 2016, the City issued Request for Proposal No. 16 -137, by which it
sought a consultant to provide such a bicycle safety program.
C. Consultant submitted a responsive proposal that was selected by City. Consultant
represents that it is able and willing to provide the services described in the scope of
work that was included in RFP No. 16 -137 and that is attached as I,xhibit A.
D. In undertaking the performance of this Agreement, Consultant 'represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
expected fronn aprofessional consulting firm inthe field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall provide bicycle and pedestrian safety education services that are
described in Exhibit A to this Agreement and incorporated by reference as though
frilly set forth herein,
2. COMPENSATION
a. City agrees to pay and Consultant agrees to accept as total payment for its
services, the rates and charges identified in Exhibit B. The total surn to be
expended under. this Agreement shall not exceed $140;000.
b. Payment by City shall be made within forty -five (45) days following receipt of
proper invoice evidencing work performed, subject to City accounting
procedures.
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Payment need not be trade for work which fails to meet the standards
of performance set forth in the Recitals which may reasonably be expected by
City.
3. TERM
The term of this Agreement shall commence on the date stated above and
continue through September 30, 2017, unless earlier terminated as set forth in
Section 14, below. The term of this Agreement may be extended by a writing executed
by the City Manager and the City Attorney,
4. INDEPENDENT CONTRACTOR
Consultant shall during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not
intended nor shall it be construed to create an employer- employee relationship, a
point venture relationship, or to allow the City to exercise discretion or control
over the manner in which Consultant performs the services required by this
Agreement, However, the services to be provided by Consultant shall be provided in
a manner consistent with all applicable standards and regulations governing such
services. Consultant shall pay all salaries and wages, employer's Social Security
taxes„ unemployment insurance, and similar taxes relating to employees and shall be
responsible for all applicable withholding taxes.
S. OWNERSHIP OF REPORTS AND DOCUMENTS
Upon completion of all work under this Agreement, ownership and title to all
reports, documents, tracings, plans, specifications, estimates and maps prepared or
obtained tinder the terms of this Agreement shall be delivered to, and become the
property of City. Basic survey notes and sketches, charts, computations, and other data
prepared or obtained pursuant to this Agreement shall be trade available upon
request of the City without restriction or limitation on their use. Consultant shall
furnish the City all necessary copies of data needed to complete the review and
approval process.
G. CONEIDENTIALTTY
If Consultant receives from the City information which due to the nature of
such information is reasonably understood to be confidential and/or proprietary,
Consultant agrees that it shall not use or disclose such information except in the
perfot-rnance of this Agreement, and further agrees to exercise the same degree of
care it uses to protect its own information of like importance, but in no event
less than reasonable care. "Confidential Information" shall include all nonpublic
information. Confidential information includes not only written information, but also
information transferred orally, visually, electronically, or by other means, Confidential
information disclosed to either party by any subsidiary and/or agent of the other party
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is covered by this Agreement. The foregoing obligations of non -use and
nondisclosure shall not apply to any information that (a) has been disclosed in
publicly available sources; (b) is, through no fault of the Consultant disclosed in a
publicly available source; (c) is in rightful possession of the Consultant without an
obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e)
is independently developed by the Consultant without reference to information
disclosed by the City.
7. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or
granted by the provisions of this Agreement shall be effective unless it is in writing
and signed by the party waiving the breach, failure, right or remedy, No waiver of any
breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure,
right or remedy, whether or not similar, nor shall any waiver constitute a
continuing waiver unless the writing so specifies,
8. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services
hereunder and required by the laws and regulations of the United States, the State of
California, the City of Santa Ana and all other governmental agencies, Consultant shall
notify the City immediately and in writing of its inability to obtain or maintain such
permits, Incenses, approvals, waivers, and exemptions, Said inability shall be cause for
termination ofthis Agreement.
9. NON - DISCRIMINA'T'ION
Consultant shall not discriminate because of race, color, creed, relation, sex, marital
status, sexual orientation, age, national origin, ancestry, or disability, as defined and
prohibited by applicable law, in the recruitment, selection, training, utilization,
promotion, termination or other employment related activities or in connection with
any activities under this Agreement. Consultant affirms that it is an equal
opportunity employer and shall comply with all applicable federal, state and local
laws and regulations.
10, CONFLICT OFINTEREST CLAUSE
Consultant covenants that it presently has no interest and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services.
11. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance
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as described below:
a, Commercial General Liability Insurance. Consultant shall maintain
commercial general liability insurance naming the City, its officers, employees,
agents, volunteers and representatives as additional insured(s) and shall
include, but not be limited to protection against claims arising from bodily and
personal injury, including death resulting therefrom and damage to property,
resulting from any act or occurrence arising out of Consultant's operations in
the performance of this Agreement, including, without limitation; acts
involving vehicles. The amounts of insurance shall be not less than the
following: single limit coverage applying to bodily and personal injury,
including death resulting therefrom, and property damage, in the total amount
of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such
insurance shall (a) name the City, its officers, employees, agents, volunteers
and representatives as additional insured(s); (b) be primary with respect to
insurance or self- insurance programs maintained by the City; and (c) contain
standard separation of insureds provisions.
b. Business automobile liability insurance, or equivalent form, with a combined
single limit of not Iess than $1,000,000 per occurrence. Such insurance shall
include coverage for owned, hired and non -owned automobiles.
C. Worker's Compensation Insurance, In accordance with the California Labor
Code, Consultant, if Consultant has any employees, is required to be insured
against liability for worker's compensation or to undertake self-insurance,
Prior to commencing the performance of the work under this Agreement,
Consultant agrees to obtain and maintain any employer's liability insurance
with limits not less than $1,000,000 per accident..
d. If Consultant is or employs a licensed professional such as an architect or
engineer: Professional liability (errors and omissions) insurance, with a
combined single limit of not less than $1,000,000 per claim with $2,000,000
in the aggregate.
e. The following requirements apply to the insurance to be provided by
Consultant pursuant to this section:
(i) Consultant shall maintain all insurance required above in full force
and effect for the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution
of this Agreement and shall be approved by the City.
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(iii) Certificates and policies shall state that the policies shall not be
cancelled or reduced in coverage or changed in any other material
aspect, by consultant, without thirty (30) flays prior written notice to
the City.
(iv) Consultant shall supply City with a (ally executed additional insured
endorsement.
f, If Consultant fails or refuses to produce or maintain the insurance required by
this section or fails or refuses to furnish the City with required proof that
insurance has been procured and is in farce and paid for, the City shall have
the right, at the City's election, to terminate this Agreement. Such termination
shall not affect Consultant's right to be paid for its time and materials
expended prior to notification of termination. Consultant waives the right to
receive compensation and agrees to indemnify the City for tiny work
performed prior to approval of insurance by the City.
12 INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold Harmless the City, its
officers, agents, employees, consultants, special counsel, and representatives from
liability: (1) for personal injury, damages, just compensation, restitution, judicial or
equitable relief arising out of claims forpersonal injury, including death, and claims
for property damage, which may arise from the negligent operations of the
Consultant or its Consultants, subcontractors, agents, employees; or other persons
acting on their behalf which relates to the 'services described in section 1 of this
Agreement; and (2) from any claim that personal injury, damages, just
compensation, restitution, judicial or equitable relief is due by reason of the terms of
or effects arising from this Agreement. This indemnity and hold harmless agreement
applies to all claims for damages, just compensation, restitution, judicial or equitable
relief suffered, or alleged to have been suffered, by reason of the events referred to
in this Section or by reason of the terms of, or effects, arising from this Agreement,
The Consultant further agrees to indemnify, hold harmless, and pay all costs for the
defense of the City, including fees and costs for special counsel to be selected by the
City, regarding any action by a third party challenging the validity of this
Agreement, or asserting that personal injury, damages, just compensation,
restitution, judicial or equitable relief due to personal or property rights arises by
reason of the terms of, or effects arising from this Agreement, City may make all
reasonable decisions with respect to its representation in any legal proceeding.
Notwithstanding the foregoing, to the extent Consultant's services are subject to
Civil Code Section 2782.8, the above indemnity shall be limited, to the extent
required by Civil Code Section 2382.8, to claims that arise of, pertain to, or relate to
the negligence, recklessness; or willful misconduct of the Consultant.
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13. NOTICE
Any notice, tender; demand, delivery, or other communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly ]riven if delivered in
person or mailed by first class or certified mail, postage prepaid, in the manner
provided in this Section, to the following persons:
To City: Clerk of the City Council City of Santa Ana
20 Civic Center Plaza (M -30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Copies to: Public Works Agency - Executive Director
City Hall -Ross Annex -4th Floor 20 Civic
Center Plaza (M -21) Santa Aria, California
92702
To Consultant: NeighborWorks Orange County
128 F. patella Avenue, Suite 200
Orange, CA 92867
A party may change its address by giving notice in writing to the other party.
Thereafter, any communication shall be addressed and transmitted to the new
address. If sent by mail, communication shall be effective or deemed to have been
given three (3) days after it has been deposited in the United States mail, duly
registered or certified, with postage prepaid, and addressed as set forth above.
For purposes of calculating these time frames, weekends, federal, state, County or
City holidays shall be excluded.
14, TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice
of termination, In such event, Consultant shall be entitled to receive and the City
shall pay Consultant compensation for all services performed by Consultant prior to
receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require
Consultant to deliver to the City all work product completed as of such date,
and in such case such work product shall be the property of the City unless
prohibited by law, and Consultant consents to the City's use thereof for such
purposes as the City deems appropriate,
b, Payment need not be made for work which fails to meet the standard
of performance specified in the Recitals of this Agreement.
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15. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS
a. Consultant shall perform all requirements under this Agreement in strict
observance and in compliance with all applicable environmental, traffic, safety
and any other laws, regulations, ordinances, codes and any other legislative or
statutory requirements:
b. Consultant warrants that the performance of services under this Agreement
shall be compliant with the current requirements of the Highway Safety
Grant Management Manual and as it may be amended or updated throughout
the term of this Agreement,
C. Consultant certifies that it shall comply with the following regulations, as
required by the State of California Office of Traffic Safety:
Audit Records - With respect to all matters covered by this agreement all
records shall be made available for audit and inspection by the City, the
grant agency and /or their duly authorized representatives for a period of four
(4) years from the termination of this Agreement. For a period of three
years after final delivery hereunder or until all claims related to this
Agreement are finally settled, whichever is later, Consultant shall preserve
and maintain all documents, papers and records relevant to the services
provided in accordance with this Agreement, including the Attachments
hereto. For the same time period, Consultant shall make said documents,
papers and records available to City and the agency from which City received
grant funds or their duly authorized representative(s), for examination;
copying, or mechanical reproduction on or off the premises of Consultant,
upon request during usual working hours.
e. Consultant shall provide to City all records and information requested by City
for inclusion in quarterly reports and such other reports or records as City
may be required to provide to the agency from which City received grant
funds or other persons or agencies.
f. Section 504 of the Rehabilitation Act of 1973 - All recipients of
federal funds must comply with Section 504 of the Rehabilitation Act
of 1973 (The Act). Therefore, the federal funds recipient pursuant to the
requirements of The Act hereby gives assurance that no otherwise qualified
handicapped person shall, solely by reason of handicap be excluded from the
participation in, be denied the benefits of or be subject to discrimination,
including discrimination in employment, in any program or activity that
receives or benefits from federal financial assistance. The Consultant agrees it
will ensure that requirements of The Act shall be included in the agreements
with and be binding on all of its contractors, subcontractors, assignees or
successors.
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g. Americans with Disabilities Act of 1990 (ADA) Consultant must comply
with all requirements of the Americans with Disabilities Act of 1990 (ADA),
as applicable.
h. Politigal Activity- None of the funds, materials, property, or services
provided directly or indirectly under this Agreement shall be used for any
partisan political activity, or to further the election or defeat of any candidate
for public office, or otherwise in violation of the provisions of the "Hatch
Act ",
Civil Rights Compliance and Notification of Findings - Consultant, and all its
contractors (or sub - recipients) will comply with the nondiscrimination
requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as
amended, 42 USC 3789 (d), or Victims of Crime Act (as appropriate); Title
VI of the Civil Rights Act of 1964, as amended; Section 504 of the
Rehabilitation Act of 1964, as amended; Subtitle A, Title I1 of the Americans
with Disabilities Act (ADA) (1990); Title IX of the Education Amendments
of 1972; the Age Discrimination Act of 1975; Department of Justice Non -
Discrimination IRegulations, 28 CPR Part 42, Subparts C, D, E, and G; and
Department of Justice regulations on disability discrimination, 28 CPR Part 35
and 39. In the event a Federal or State court, Federal or State administrative
agency; or the Consultant makes a finding of discrimination after a due process
hearing on the grounds of race, color, religion, national origin, sex, or
disability against a recipient of funds, the Consultant will forward a copy of
the findings to the City which will, in turn, submit the findings to the Office
of Civil Rights, Office of Justice Programs, U.S, Department of Justice,
;j. Consultant, and all its contractors (or sub - recipients) will comply with all
requirements of the Executive Order 11246 of September 24, 1965, entitled
"Equal Employment Opportunity," as amended by Executive Order 11375 of
October 13, 1967, and as supplemented in Department of Labor regulations
(41 CPR chapter 60), as applicable.
k. Consultant, and all its contractors (or sub- recipients) will comply with all
requirements of the Copeland "Anti - Kickback" Act (18 U,S,C. 874) as
supplemented in Department of Labor regulations (29 CPR Part 3), as
applicable.
1. Consultant, and all its contractors (or sub - recipients) will comply with all
requirements of the Davis -Bacon Act (40 U.S.C. 276a to 276a -7) as
supplemented by Department of Labor regulations (29 CPR Part 5), as
applicable.
m. Consultant, and all its contractors (or sub - recipients) will comply with all
requirements of Sections 103 and 107 of the Contract Work and Safety
Standards Act (40 U.S.C. 327 -330) as supplemented by Department of Labor
regulations (29 CPR Part 5), as applicable.
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n. Consultant, and all its contractors (or sub- recipients) will comply with all
applicable standards, orders or requirements issued under s e ction 306 of the
Clean Air Act (42 U.S.C. 18570,1)), Section 508 of the Clean Water Act (33
U,S,C. 1368), Executive Order 11738, and the Environmental Protection
Agency regulations (40 CPR part 15), as applicable.
o. Consultant, and all its contractors (or sub- recipients) will comply with all
requirements of the Energy Policy and Conservation Act (Pub. L. 94 -163, 89
Stat. 871), (53 FR 8078, 8087, Mar, 11, 1988, as arnended at 60 FR 19639;
19645, Apr: 19; 1995), as applicable.
P. Consultant, and all its contractors (or sub - recipients) will comply with all
requirements of the Department of Housing and Urban Development,
Community Development Block Grant Regulatory Code 24 CPR Part 570.
q. Consultant agrees that the State of California Office of Traffic Safety shall
have the authority to seek patent rights for any process, product, invention or
discovery developed and paid for with funding through this Agreement.
r. Consultant may not copyright any books, publications or other materials
developed in the course of or under this Agreement. The federal awarding
agency, State Administrative Agency (SAA) and City reserve any rights to
copyright, reproduce, publish or otherwise use; and to authorize others to use,
for federal government, SAA or City purpose any work developed through this
Agreement.
16. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant regarding the subject matter therein, and supersedes any and all other
agreements, oral or written, between the parties. In the event of a conflict between the
terms of this Agreement and any attachments hereto; the terms of this Agreement shall
prevail. This Agreement may not be modified except by written, instrument signed by the
City and by an authorized representative of Consultant. The parties agree that any terms
or conditions of any purchase order or other instrument that are inconsistent with, or in
addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the
City. Each party to this Agreement acknowledges that no representations, inducements,
promises or agreements, orally or otherwise, have been made by any party, or anyone
acting on behalf of any party, which are not embodied herein.
17. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of
Consultant, Consultant may not assign, transfer; delegate; or subcontract any interest
herein without the prior written consent of the City and any such assignment,
transfer, delegation or subcontract without the City's prior written consent shall be
considered
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null and void. Nothing in this Agreement shall be construed to limit the City's ability
to have any of the services which are the subject to this Agreement performed by
City personnel or by other consultants retained by City.
19. JUIUSDICTION -VENUE
This Agreement has been executed and delivered in the State of California mid the
validity, Interpretation, ,performance, and enforcement of any of the clauses of
this Agreement shall be determined and governed by the laws of the State of
California. Both parties further agree that Orange County, California, shall be the
venue for any action or proceeding that may be brought or arise out of, in
connection with or by reason of this Agreement.
19, FINES
The Consultant shall be liable for all violation fines levied against the City by
federal, state, or local agencies with regulatory authority related to Consultant provided
services,
20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has
the power, authority and right to bind their respective parties to each of the
terms of this Agreement, and shall indemnify City fully, including reasonable
costs and attorney's fees, for any injuries or damages to City in the event that
such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Attachments referenced herein and attached hereto shall be incorporated
as if frilly set forth in the body of this Agreement,
IN WITNESS WHERE, OF, the parties hereto have executed this :Agreement the date and
year first above written.
ATTEST;
MARIA D, IIUILAR
Clerk of the Council
CITY OF SANTA ANA
GERARDO MOUET
Acting City Manager
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APPROVED AS TO FORM:
SONIA R. CARVALI -10
City Attorney
By;
JOHN M. FUNI'.
Assistant City Attorney
RECOMMENDED FOR APPROVAL; CONSULTANT
FRED MOUSAVIPOUR NAME;
Executive Director TITLE:
Public Works Agency
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EXHIBIT A
SCOPE OF WORK
Task1: Conduct Traffic Skills 101 Bike Education Classes—
Conduct five (5) adult bike education classes in the City Of Santa Ana. At least two (2) of these
classes will be taught in Spanish, Traffio Skills 101 is designed to increase bicyclist's safety
awareness of common car /bike collisions, teach ways to prevent and avoid crashes and
collisions, and emphasize the Importance of helmet use when riding a bicycle. Likewise, the
rights and responsibilities of cyclists are embedded throughout the classroom and on -bike
instruction to help increase the number of cyclists riding safely and legally.
The classroom session offers students a theoretical explanation of vehicular cycling principles
supported by relevant examples of safe cycling using audio /visual and group Learning
techniques. Students are required to complete the classroom session before taking the on -bike
session. The on -bike session provides practical application of the theoretical element to give
each student a fundamental understanding of safe, legal end effective cycling techniques to
reach any destination by bicycle. Students first practice bike - handling skills and evasive
maneuvers on a vacant paved area before riding on city streets In a group ride led by
experienced instructors Following each classes surveys will be conducted to collect comments
and ideas from both students and instructors to improve and expand future classes.
Task 2: Organ lie and Host a League Cycling Instructor (LCi) Certification Seminar
To ensure the longevity of the program one LCI Seminar will be conducted before the final
month of the funding cycle, September 2017, Completion of a Traffic Skills 101 course is a
prerequisite for attending the seminar, LCI candidates will be cultivated from the participants in
the Traffic Skills 101 classes, especially cyclists who demonstrate knowledge and experience
combined with a desire to make cycling safe and accessible for others.
Prior to the seminar, LCI candidates are required to take an open -book exam and achieve a
score of 85% or greater in order to attend the seminar. The League of American Bicyclist's
assigns Coaches from among a small group of Its Master instructors who are experienced at
leading Seminars and coaching others to teach safe cycling. All Seminar Coaches have at least
four years - experience teaching students as LCis, and have attended several LCI Seminars as
observers and assistant coaches. Each coach has a broad knowledge of bicycle safety
Instruction and equipment maintenance. They are experts In the League's Smart Cycling
program. Additionally, many coaches have advanced training in bicycle mechanics, have
experience with both mountain biking and road cycling, have done long - distance self- supported
cycle touring, are active members of advocacy groups, and serve as officers In their local
bicycle clubs.
The LCI seminar is a comprehensive train the trainer workshop that includes 25 hours of
Instruction, exercises and practice teaching both In the classroom and on the bike. The seminar
emphasis is on how to teach bicycle safety and handling skills that provide increased comfort
and confidence for new and returning cyclists and youth. During the seminar each LCI
candidate is given the opportunity to practice teach parts of the Traffic Skills 101 curriculum,
both in the classroom and on a vacant parking lot.
Feedback from Coaches and Peer critiques are an Important part of this activity. Certified
instructors can teach the League of American Bicyclists Smart Cycling classes to children as
well as adults. The League's Smart Cycling bicycle education curriculum includes Traffic Skills
25C -14
101 (the basic introductoryltntermedlate course for a
advanced adult course), Kids 7 (designed for parent,
Kids 2 (designed for children age 10.14). A readily a
experienced LCfs will help sustain the program and
within the region.
"cask 3 Procure Supplies and Conduct tLuces Vivaal Events —,
iLuoes Vlvasi Is an education and bike light distribution program Int
riding bikes in Santa Ana are riding safely at night, When riding at n
front light and rear reflectors are required by law (CVC21201), Mori
lights and reflectors is dangerous, According to the most recent dot
Traffic Safety Administration, 0% of bicyclist fatalities in 2012 In the
and 48% of the bicyclist fatalities occurred between 4:00 pm and m
Safety Facts" April 2014 DOT HS 812 018), Our goal is to seek out
for various reasons, especially riders who may not have the means
The City and community partners will organize tLuces Vlvas
distributions at undisclosed locations throughout Santa Ana
expected to be high and where the Citvhas aeon a >historvc
Im
to other elites
sure people
a, a white
n
them front and rear lights along with an information "spoke card" that explains the taw for riding
at nightas well as tips they should know for night tune safety, The spoke cards are printed in
English and Spanish and tLuces Vivasl will include at least a few members who speak Spanish
(as well as female members to encourage female riders to stop). Additionally, cyclists who are
not wearing helmets will be fitted and provided a helmet,
The selected consultant will be responsible for procuring 1,$00 helmets and 1,500 >bi,cycle lights
that meet the CTS Buy America requirements. It is expected that100 -150 light sets and /or
helmets will be distributed at each event, depending on expected' bicyclist volume. Our goal will
be to distribute at the lights and helmets allocated for each event,
Task 4: Conduct, Pedestrian and Bicycle Traffic Safety Fairs
Gonductfour (4) pedestrian and bicycle traffic safetyfalrs, In the spirit of a bike rodeo, the
Traffic Safety Fair Would teach students how to interact with the roadway and traffic, Whether
they are walking or biking, the goal of the course would be to increase safety awareness and
confidence of the student, The class would cover everything from using the different Intersection
devices, bicycling in the roadway, bicycle safety inspections, and ftelmetfit, The course would
use a combination of simulation and hands on training to teach (he student how to snake safe
decisions while walking or riding within the roadway. The training would utilize.chalk, cardboard
out -outs, and other techniques to simulate possible roadway conditions /hazards, Classes would
be conducted on a safe fiat area on local public parks and/or school grounds. Age appropriate
bicycles would be made available for youth that do not have their bicycle with them. Students
that complete both the pedestrian and bicycle seotlon would receive a free helmet and lights.
25C -15
Task 5: promote Travel Safe, Share the Space Media Campaigrn
Campaign and procured a limited run of direct media purchase as part off previous'QfS grant.
The direct media campaign Included 36 street light banners and 12 transit stop advertisements,
as Well as printed collateral materials and a webstte with bicycle safety information. Each direct
media installation ran for 90 -days.
This program would utiilze the artwork developed by the previous program for a cityvAde
extended direct media campaign, The City of Santa Ana would procure a minimum of 72 banner
Installations for 180 days and 24 transit stop advertisements for go- days,
City staff will help coordinate the identification of responsible contractor for the installation of this
work. The budget for this task has been identified by the grant as $85,520
25C -16
EXHIBITB
25C -17
25C -18
CONTRACT AGREEMENT STATEMENT
NeighborWorks Orange County concurs with the sample contract agreement provided
in the RFP as Attachment B.
FIRM AND TEAM EXPERIENCE
NeighborWorks Orange County has been working with the community in Orange
County since 1977. Our work includes working with residents and community leaders to
work on issues they determine are important to the area. Approximately 3 years ago
our Community Building Coaching Team began to work with a group of residents who
identified biking and bicycle safety was an issue they wanted to focus on. This team of
residents grew to form Santa Ana Active Streets (SAAS). Since 2013, SAAS has been and
is a community -based coalition cultivating diverse community participation in creating
a safe and accessible environment for active transportation in Santa Ana. SAAS has
engaged residents with the emerging active transportation movement by working with
youth, local organizations, and policy makers in the following ways:
• Hosting educational workshops and activities on the health, safety, and
environmental elements of active transportation. SASS has hosted 35 workshops
and reached over 900 participants, including 8 ATLP workshops, 16 Luces Vivas
community events and 1 l Bike Safety Classes, including LCI seminars in 2015.
• Leading policy advocacy campaigns for progressive active transportation policy
and infrastructure changes. Leading policy advocacy campaigns for
progressive active transportation policy and infrastructure changes. A team of
about 5 youth led a Complete Streets policy campaign for safe bike lanes in
Central Santa Ana. They produced a Bikeability Assessment which include
community -based data and research. This work helped secure $2.3 million for a
1.7 mile protected bike lane which will connect 8 public schools, a park, a bike
trail, and multiple small businesses, churches and commercial centers.
• Coordinating community friendly bike rides or walk events in local areas and
neighborhoods. In 2015, SASS conducted 10 rides /walks involving 250
participants, and in 2016, have had 5 additional events including 5 SAASy
Thursday and Ride of Silence events serving 75 participants.
SAAS coalition partner organizations include the following local non - profits:
• NeighborWorks Orange County works to strengthen communities and enhances
the quality of life for working families by expanding housing opportunities,
promoting sound financial management, and encouraging civic engagement
• The Bicycle Tree supports bicyclists and create healthy bicycle - friendly
communities through activities, advocacy and education.
Kid Works transforms challenged neighborhoods in central Santa Ana by building
on the strengths and potential in the community through education, character
formation, and personal development.
25C -19
• Latino Health Access assists in improving the quality of life and health of the
uninsured, under - served people through quality preventive services and
educational programs emphasizing responsibility and full participation in
decisions affecting health.
The entire coalition brings over 15 years of experience in working with and providing the
community bicycle and safety education programs. The work for the execution of tasks
one through five will be divided among all the non - profit partners and resident
leadership who are part of the coalition. The coalition recognizes that it requires the
assistance of a Project /Program coordinator to assist will day to day activities. Part of
this funding will be utilized to hire a part time project /program coordinator to work 20
hours a week for 10 months. This position will be an independent contractor position.
The Project Owner is NeighborWorks Orange County who will be responsible for
contractual obligations, reporting and compliance. SAAS and its collaborative
members will be responsible for executing the day to day items needed for tasks one
through five.
UNDERSTANDING OF NEED
According to the California Office of Traffic Safety, among the 14 California cities with a
population over 250,000, in 2013 the city of Santa Ana had the 3rd highest rate of traffic
fatalities and injuries, the 5th highest rate of pedestrian fatalities or injuries (31d for
pedestrians under 15 years old), and the highest rate in the state for bicyclists killed and
injured. The number of annual pedestrian collisions has remained consistently high for
years, and despite various safety initiatives implemented in the city, the number of
annual bicycle collisions has increased every year from 2006 to 2013. From 2005 -2014,
pedestrians accounted for approximately 55% of traffic fatalities, while nearly 12% were
bicyclists; in both cases, these vulnerable road users suffered fatalities at much higher
rates than the proportion of trips taken by these modes. For example, the American
Community Survey for these years indicates that around 2% of Santa Ana's workers
travel to their workplace on foot, while fewer do so by bicycle, and approximately 8%
use transit (which typically has a walking or biking component).
Clearly, these high rates of collisions, injuries, and fatalities need to be remedied with
strong action. The city is making impressive strides toward improving the built
environment of Santa Ana's streets as described in their Safe Mobility Santa Ana plan,
utilizing detailed data and community outreach to identify problem areas and seeking
to address them using a diverse toolbox of infrastructure treatments and education
strategies.
Though profoundly influenced by the built environment, the behaviors of road users are
ultimately what cause injury and death. Various unsafe and illegal behaviors can be
identified as causative factors in Santa Ana collision records. From 2005 -2014, at least
25C -20
one party was identified as having been drinking or under drug influence in at least 42%
of fatal collisions. 21.5 % of all Santa Ana pedestrian collisions occurred at mid -block
locations; these collisions can be reduced by encouraging pedestrians to cross at
intersections. Among bicyclists, sidewalk and wrong -way riding have been identified as
collision -prone behavior, with this type of riding involved in over half of collisions with
right- turning motor vehicles and with motor vehicles pulling out of driveways. By
illustrating and communicating the dangers and consequences of unsafe behaviors, an
effective campaign can go a long way to save lives.
Understanding the need to educate residents about safe behaviors, the City has
undertaken a number of pedestrian and bicycle safety education initiatives, including
the 2016 Bicycle Safety Education and Outreach Campaign largely implemented by
Santa Ana Active Streets (SAAS). This campaign included bicycle safety classes and
bike light and helmet distributions. The City offered these classes and safety accessories
at no charge to participants and recipients, recognizing that the per capita income of
Santa Ana residents is less than half the county -wide rate, while the proportion of
persons in poverty is nearly double that of the county as a whole.
The 2016 Bicycle Safety Education and Outreach Campaign included several
classroom and on- the -bike safety classes taught in Spanish, responding to the fact that
the city's residents are over 75% Latino, with over 80% of residents speaking a language
other than English at home.
Santa Ana Active Streets is a coalition of members of the Santa Ana community
committed to improving the safety of our friends, neighbors, associates, and clients. We
are a part of and a reflection of the city we serve, with many collective years of
experience with outreach and community engagement. Our operation of the 2016
Bicycle Safety Education and Outreach Campaign yielded many successes and
lessons learned, which we intend to help us successfully implement 2017's Bicycle and
Pedestrian Safety Education Program. With a clear understanding of the various tasks of
this program and the work involved to do them, we are confident that we can meet
the program requirements on time and on budget.
RELEVANT PROJECT EXPERIENCE
Below you will find a list of projects SAAS has completed. As mentioned before,
NeighborWorks will work with SAAS for this project.
Central Santa Ana Complete Streets Plan:
SAAS was sub - contracted to lead outreach and project coordination efforts for the
Central Santa Ana Complete Streets Plan. Core responsibilities included producing an
25C -21
outreach plan and supporting materials, reaching out to diverse partners and residents,
facilitating community charrettes, and assembling an Advisory Committee. Outreach
strategies included door -to -door, flyer distribution at schools and churches,
announcements at community meetings, bike rides, and social media or email blasts.
SAAS coordinated family friendly activities and a bike and walk audit at the 4 -day
community charrettes in which 150 residents participated.
Year: December 2015- Current
Client: KTU +A, Planning and Landscape Architecture firm
Contact Person: Joe Punsalan, Senior Associate, (619) 294 -4477, ioe @ktua.com
Bicycle and Pedestrian Safety Education Program:
SAAS was sub - contracted to coordinate the outreach and development of the Bicycle
and Pedestrian Safety Program accessible to all Santa Ana residents. SAAS assisted with
the development of curriculum and logistics of scheduling for 10 Traffic Safety 101
classes. Members of SAAS served as course instructors and outreached to recruit
participants through existing networks and social media. SAAS coordinated and hosted
10 bicycle light and helmet distributions at busy corner intersections in the city. SAAS
assisted with the coordination of the LCI Seminar and recruited local residents to train.
Year: January 2016- September 2016
Client: Alta Planning + Design, Inc.
Contact Person: Ryan Johnson, Senior Planner, (213) 437- 3392,
ryanjohnson @altaplanning.com
Active Transportation Leadership Program:
SAAS administered the Active Transportation Leadership Program in Santa Ana through
a partnership of 4 non - profit organizations. The program included coordinating eight
educational workshops on active transportation policy and advocacy in which 50 adult
and youth residents participated. SAAS facilitated the development of a youth led
advocacy project for a bike trail extension that connected low- income neighborhoods
to the downtown area. Program activities included the coordination of bike
maintenance workshops and community bike rides and the participation at state
trainings and conferences.
Year: January 2015- December 2015
Client: Alliance for a Healthy Orange County
Contact Person: Michele Martinez, (714) 887 -9845, michele@ochealthalliance.org,
25C -22
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25C -24
,y
BICYCLE AND PEDESTRIAN SAFETY EDUCATION PROGRAM
RFP NO.: 16 -137
CITY OF SANTA ANA
Santa Ann Public Works Department
20 Civic Center Plaza
Santa Ana, CA 92701
KEY RFP DATES:
Issue Date:
Deadline for Requests for Information
Proposal Due Date:
Projected Award Date:
Cory Wilkerson
Project Manager
(714) 647.5643 Office
cwilkerson@santa- ana.org
Fred Mobsavipour
Executive Director
Public Works Agency
Thursday, November 3, 2016
Thursday, November 10, 2016
Tuesday, November 22, 2016 — 2:00 p.m.
Tuesday, December 20, 2016
i7
NOTICE INVITING PROPOSALS
NOTICE IS HEREBY GIVEN that proposals will be received from qualified firms for Bicycle Safety Education
and Outreach.
Responses to this Request for Proposals (RFP) will be accepted until Tuesday, November 22 at 2:00 p.m.
Proposals received after this date /time will not be considered. It is the responsibility of the proposer to ensure
that any proposals submitted have sufficient time to be received by the City of Santa Ana prior to the proposal
due date and time.
All notifications, updates and addenda will be posted on the City's RFP Bid page at santa- ana.org /bids -rfpss.
Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure
to respond to required updates may result in a determination of a nonresponsive proposal. Questions
regarding this Request for Proposals shall be made in writing via e -mail to the Project Manager as identified on
the cover of this RFP and per "Instructions To Proposers Section II.0 ".
Proposals shall be enclosed in a sealed envelope and marked clearly with following information, formatted as
follows:
"SEALED PROPOSAL FOR
RFP NO. 15 -117; BICYCLE SAFETY EDUCATION AND OUTREACH
IN THE CITY OF SANTA ANA
DO NOT OPEN WITH REGULAR MAIL."
City of Santa Ana
Attn.: Cory Wilkerson
Public Works Agency;
20 Civic Center Plaza; 4th Floor, Ross Annex
Santa Ana, CA 92701
Proposals shall be MAILED, HAND DELIVERED, OR COURIERED.
LATE, TELEGRAPHIC, ELECTRONIC OR FACSIMILE PROPOSALS WILL NOT BE CONSIDERED.
DISADVANTAGED BUSINESS ENTERPRISE (DBE)
The City has established a DBE goal for this Contract of 11.82% (8.63% Race Neutral and 3.19% Race
Conscious).
City of Santa Ana RFP 16 -137
2 5��6
(9)
[a]WrKrd3_M` IM, m
REQUEST FOR PROPOSALS
FOR
BICYCLE AND PEDESTRIAN SAFETY EDUCATION PROGRAM
RFP NO. 16 -137
TABLE OF CONTENTS
I. INTRODUCTION I DESCRIPTION OF WORK
4
II. INSTRUCTIONS TO PROPOSERS 4
A. CITY RESPONSIBILITIES
B. PROPOSER RESPONSIBILITIES
C. REQUEST FOR INFORMATION OR CLARIFICATION
D. ADDENDA
E. LICENSES & PERMITS
F. INSURANCE
G. INFORMATION PACKET
H. CITY RIGHT TO REJECT
I. BID PROTESTS
III. SUBMITTAL REQUIREMENTS
A. GENERAL
B. PROPOSAL CONTENTS
I. STATEMENT OF QUALIFICATIONS
II. FEE PROPOSAL
III. CERTIFICATIONS
IV. PROPOSAL REVIEW (CONSULTANT SELECTION) 8
A. EVALUATION AND RATING
B. SELECTION
V. CONTRACT AWARD g
A. REQUEST FOR COUNCIL ACTION
B. EXECUTION OF AGREEMENT
VI. IMPLEMENTATION 8
A. KICK -OFF MEETING
B. NOTICE TO PROCEED
VII.PUBLIC RECORDS g
VIII. APPENDIX
ATTACHMENT A: SCOPE OF WORK
ATTACHMENT B: SAMPLE AGREEMENT
ATTACHMENT C: CERTIFICATIONS
City of Santa Ana RFP 16 -137
2-17
(a
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
BICYCLE AND PEDESTRIAN SAFETY EDUCATION PROGRAM
RFP NO. 16 -137
I. INTRODUCTION / PROJECT DESCRIPTION
The City of Santa Ana is seeking outreach and bicycle safety education services. A detailed Scope
of Work is attached herein as Attachment A, as part of the Appendix.
II. INSTRUCTIONS TO PROPOSERS
A. CITY RESPONSIBILITIES
The City will provide information in its possession relevant to preparation of required information
in RFP. The City will provide only the staff assistance and documentation specifically referred to
herein.
B. PROPOSER RESPONSIBILITIES
Point of Contact: The selected proposer will assume responsibilities for all services in its
proposal. The selected proposer shall identify a sole point of contact with the greatest
knowledge in regard to the required service operations and contractual matters, including
payment of any and all charges resulting from the Agreement.
Evidence of Financial Capacity: Proposer may be requested to submit its most recent audited
financial statement, evidencing proposer's financial capacity to fully perform the required
services, including provision of equipment and personnel expenses over a ninety (90) day
period. If said financial statement does not reflect full ninety (90) day operational capacity,
proposer may include a letter of credit as evidence of supplemental capacity.
Compliance With Requirements of Fundinq Agency: This contract will be funded through a grant
from the State of California Office of Traffic Safety (OTS) and Proposer shall comply with all
requirements of OTS, which can be found at http: / /www.ots.ca.gov
C. REQUEST FOR INFORMATION OR CLARIFICATION
All questions or requested clarifications shall be made in writing via e-mail to the Project
Manager (contact information as noted on the cover page to this RFP) no fewer than five (5)
calendar days prior to the date and time set for opening of proposals. No verbal requests or
responses will be accepted. Significant interpretations or clarifications will be addressed via
addenda to this RFP.
D.ADDENDA
Any changes in RFP from the date of release to date of submittal will result in an addendum or
amendment. Notification of such addendum or amendment shall be posted on City's website,
santa- ana.org /bids -rfps as set forth in the Notice Inviting Proposals. Addenda shall become part
of the agreement documents.
City of Santa Ana RFP 16 -137
258
C
E. LICENSES & PERMITS
The selected proposer shall be required to obtain a City of Santa Ana Business license within
ten (10) business days of selection and must provide a copy to the City projects manager or
designee prior to commencing any work in Santa Ana.
Additionally, Proposer will be responsible for obtaining any licenses /permits required by the
Scope of Work.
F. INSURANCE
The Selected Proposer shall provide the required evidence of insurance coverage as set forth in
the Scope of Work within ten (10) business days after receipt of notice that the contract has been
awarded. Failure to provide the required insurance certificates shall be cause for the annulment of
the award and the forfeiture of the proposal guaranty.
G. PAYMENT INFORMATION PACKET
The selected proposer shall return a completed payment information packet within ten (10)
business days after the successful proposer has received notice that the contract has been
awarded. The packet is available on the City's website: santa- ana.org /bids -rfps.
H. CITY RIGHT TO REJECT
The City reserves the right to reject any or all proposals submitted and no representation is made
hereby that any contract will be awarded pursuant to this RFP or otherwise.
The City reserves the right to accept or reject the combined or separate components of this
proposal in part or in its entirety or to waive any minor inconsistency, informality or technical
defect in the proposal.
The City reserves the right to reject, replace and approve any and all subcontractors. All
subcontractor(s) shall be identified in the response to the RFP. Subcontractors shall be the
responsibility of the successful proposer and the City shall assume no liability of such
subcontractors.
I. BID PROTESTS
Any protest must be submitted in writing to Executive Director of Public Works, City of Santa
Ana, 20 Civic Center Plaza M -21, Santa Ana, CA 92701 before 5:00 p.m. of the 5th business
day following posting of the Request for Proposal or the results or Notice of Intent to Award
Contract, on the City's website. Bid protests sent via mail or overnight carrier must be received
by the City by 5:00 p.m. of the 5th business day following posting of the Request for Proposal or
the results or Notice of Intent to Award Contract, on the City's website. Hand delivered protests
must be provided to the receptionist in the City Hall Annex /Public Works Counter on the first
floor of the City Hall Annex.
The initial protest document shall contain a complete statement of the basis for the
protest.
II. The protest shall refer to the specific portion of the RFP or winning proposal, which
forms the basis for the protest.
City of Santa Ana RFP 16 -137
25-0 =29
0
III. The protest shall include the name, address and telephone number of the person
representing the protesting party.
IV. The party filing the protest shall concurrently transmit a copy of the initial protest
document and any attached documentation to all other parties with a direct financial
interest, which may be adversely affected by the outcome of the protest. Such parties
shall include all other proposers who appear to have a reasonable prospect of receiving
an award depending upon the outcome of the protest.
V. Should a written bid protest be filed in a timely fashion, a protest hearing shall be held
before the Executive Director of Public Works or designee within 10 business days
following the City's receipt of protest, or as soon thereafter as may be scheduled. All
interested parties may appear and offer testimony at this bid protest hearing. Formal
rules of evidence shall not apply at this hearing, nor shall testimony under oath be
required. The burden of proof shall be on the party submitting the protest to
demonstrate that the staff's determination of the best value proposal is arbitrary and
capricious, or unsupported by substantial evidence in the record.
VI. All proposer are advised that if you challenge the City's award of contract in court, you
may be limited to raising only those issues you or someone else raised at the public
hearing described above, or in written correspondence delivered to the Executive
Director of Public Works at, or prior to, the public hearing.
VII. The Executive Director of Public Works or designee will issue a written decision. If the
Executive Director of Public Works or designee determines that a protest is frivolous, the
party originating the protest may be determined to be irresponsible and that party may
be determined to be ineligible for future contract awards.
VIII. The procedure and time limits set forth in this paragraph are mandatory and are the
proposer's sole and exclusive remedy in the event of Bid protest and failure to comply
with these procedures shall constitute a waiver of any right to further pursue the bid
protest, including filing a Government Code Claim or legal proceedings.
III. SUBMITTAL REQUIREMENTS
A.GENERAL
I. Number of Copies and signature: Four (4) hard copies and one (1) digital file on USB Flash
Drive (or equivalent) of your Statement of Qualifications shall be signed by a company
official with the power to bind the company and submitted to the City of Santa Ana, per the
"Notice Inviting Proposals ". One (1) copy of your Fee Proposal shall be submitted, as
outlined below.
Il. Deadline: Proposals are due to the City of Santa Ana, at the date, time, and location set
forth above in the Notice Inviting Proposals.
B. PROPOSAL CONTENTS
A responsive proposal shall contain the following documentation:
I. STATEMENT OF QUALIFICATIONS
The Statement of Qualifications shall be limited to a MAXIMUM of (10) DOUBLE -SIDED
PAGES (excluding front and back covers, section dividers and attachments). Font size shall
City of Santa Ana RFP 16 -137
25tsog130
(9)
be minimum 11 -pt. The page limitation includes all appendices, attachments, and
supplemental information.
Cover Letter — Proposals shall include a letter signed by a principal or authorized
representative who can make legally binding commitments for the entity.
!. Contract Agreement Statement: Proposal shall include a statement outlining your
concurrence or concerns with any and all provisions as contained in the sample
contract agreement attached herein as Attachment B, as part of the Appendix.
Firm and Team Experience: Proposal shall include a profile of the firm's experience.
Include resumes of project team /sub - consultants who will be providing services, that
outline their technical and design experience. At a minimum, this should include the
project manager /principal agent, associates in charge when project manager /principal
agent is unavailable, key personnel, firm size, and an organization chart identifying
only those who will perform work for the proposed project and the percentage of each
individual's time devoted to this project. The project manager /principal agent shall be
the primary contact person to represent your firm and will be the person to conduct the
presentation, if invited for an interview.
4. Understanding Of Need: Proposal shall include an outline which demonstrates the
firm's understanding of the scope of work. This outline should include anticipated
approach, tasks necessary for successful completion, deliverables, and suggestions or
special concerns that the City should be made aware of. Identify any assumptions
and /or exclusions used in preparation of the scope of work and associated fee
estimate.
5. Relevant Proiect Experience: Proposal shall include a list of projects which your firm or
personnel have completed within the last 5 years. Project information should include
project description, year completed, client name, along with a person to contact and
their telephone number.
6. Schedule: Proposal shall include a timeline to complete the project, based upon the
Scope of Work as detailed in Attachment A of this RFP and availability of skilled labor
force.
II. FEE PROPOSAL:
Proposer's fee proposal shall be submitted concurrently with the technical proposal, but in a
separately sealed envelope, clearly labeled as "Fee Proposal ". This shall include the firm's
Standard Hourly Fee Schedule, and a Project Fee Schedule where applicable and as
outlined in the Scope of Work.
The fee proposal will not be opened until the proposals have been evaluated by the
proposal selection committee. The City will select the consultant based on qualifications,
and then negotiate a contract price based on available funding.
III. CERTIFICATIONS:
The following forms shall be signed and included as part of the proposal submittal package:
• Attachment C -1: Non - Collusion Affidavit
• Attachment C -2: Non - Lobbying Certification
City of Santa Ana RFP 16 -137
260-x31
• j!A
IV. PROPOSAL REVIEW (CONSULTANT SELECTIOND
A. EVALUATION AND RATING
The criteria for evaluating the proposals submitted will take the following items into consideration:
• Firm /Team Experience
15%
• Understanding of Need
25%
• Relevant Project Experience
15%
• Local Community Experience
30%
• Familiarity with Grant Source
15%
The City has established a proposal review committee to evaluate proposers based on the
response to the RFP, which includes adherence to outlined directions and format, and the City
evaluation criteria set forth above. A final score will be calculated for each submitted proposal
and used to rank the proposers.
B. SELECTION
The committee may interview the top ranking proposers. The City will recommend award of the
contract to the proposer who will provide the best value to the City. City reserves the right to
begin negotiations and enter into a contract without interview or further discussions.
V. CONTRACT AWARD
A. REQUEST FOR COUNCIL ACTION
Following evaluation and rating by the proposal review committee, the Project Manager will
recommend award of a contract to the proposer providing the best value to the City.
B. EXECUTION OF AGREEMENT
A sample Agreement is attached herein as part of the Appendix. "Proposer" will hereinafter be
referred to as "Consultant'
The term of the contract will begin after the contract agreement is fully executed, and all
required bonds, insurance documents and contents of the Information Packet have been
received and approved.
VI. IMPLEMENTATION
A. KICK -OFF MEETING
A kick -off meeting will be held after award of contract. Consultant and its team will meet with
City of Santa Ana staff to conduct introductions, discuss scope of services, and implementation
process.
B. NOTICE TO PROCEED
Following kick -off meeting, a formal Notice to Proceed (NTP) will be issued to begin work. For
"On -Call" contracts, Consultant will be notified by individual City Project Managers on a case -by-
case basis to request project /task specific proposals. Written NTPs will be then issued
accordingly.
City of Santa Ana RFP 16 -137
25 12
u
VII. PUBLIC RECORDS
All data, documents and other products used, developed, or produced during response preparation
of the RFP will become property of the City. All responses to the RFP shall become property of the
City. Proposer information identified as proprietary information shall be maintained confidential, to
the extent allowed under the California Public Records Act.
Proposals will become public record after award of contract. Proposer information identified as
proprietary information shall be maintained confidential, to the extent allowed under the California
Public Records Act.
City of Santa Ana RFP 16 -137
2633
N
APPENDIX
ATTACHMENT A
SCOPE OF WORK
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
BICYCLE AND PEDESTRIAN SAFETY EDUCATION PROGRAM
RFP NO.: 16 -137
SCOPE OF WORK
Task 1: Conduct Traffic Skills 101 Bike Education Classes—
Conduct five (5) adult bike education classes in the City of Santa Ana. At least two (2) of these classes will be
taught in Spanish. Traffic Skills 101 is designed to increase bicyclist's safety awareness of common car /bike
collisions, teach ways to prevent and avoid crashes and collisions, and emphasize the importance of helmet
use when riding a bicycle. Likewise, the rights and responsibilities of cyclists are embedded throughout the
classroom and on -bike instruction to help increase the number of cyclists riding safely and legally.
The classroom session offers students a theoretical explanation of vehicular cycling principles supported by
relevant examples of safe cycling using audio /visual and group learning techniques. Students are required to
complete the classroom session before taking the on -bike session. The on -bike session provides practical
application of the theoretical element to give each student a fundamental understanding of safe, legal and
effective cycling techniques to reach any destination by bicycle. Students first practice bike - handling skills and
evasive maneuvers on a vacant paved area before riding on city streets in a group ride led by experienced
instructors. Following each classes surveys will be conducted to collect comments and ideas from both
students and instructors to improve and expand future classes.
Task 2: Organize and Host a League Cycling Instructor (LCI) Certification Seminar —
To ensure the longevity of the program one LCI Seminar will be conducted before the final month of the
funding cycle, September 2017. Completion of a Traffic Skills 101 course is a prerequisite for attending the
seminar. LCI candidates will be cultivated from the participants in the Traffic Skills 101 classes, especially
cyclists who demonstrate knowledge and experience combined with a desire to make cycling safe and
accessible for others.
Prior to the seminar, LCI candidates are required to take an open -book exam and achieve a score of 85% or
greater in order to attend the seminar. The League of American Bicyclist's assigns Coaches from among a
small group of its Master Instructors who are experienced at leading Seminars and coaching others to teach
safe cycling. All Seminar Coaches have at least four years- experience teaching students as LCIs, and have
attended several LCI Seminars as observers and assistant coaches. Each coach has a broad knowledge of
bicycle safety instruction and equipment maintenance. They are experts in the League's Smart Cycling
program. Additionally, many coaches have advanced training in bicycle mechanics, have experience with both
mountain biking and road cycling, have done long- distance self - supported cycle touring, are active members of
advocacy groups, and serve as officers in their local bicycle clubs.
The LCI seminar is a comprehensive train the trainer workshop that includes 25 hours of instruction, exercises
and practice teaching both in the classroom and on the bike. The seminar emphasis is on how to teach bicycle
safety and handling skills that provide increased comfort and confidence for new and returning cyclists and
youth. During the seminar each LCI candidate is given the opportunity to practice teach parts of the Traffic
Skills 101 curriculum, both in the classroom and on a vacant parking lot.
City of Santa Ana RFP 16 -137
2! �C*4
Feedback from Coaches and Peer critiques are an important part of this activity. Certified instructors can teach
the League of American Bicyclists Smart Cycling classes to children as well as adults. The League's Smart
Cycling bicycle education curriculum includes Traffic Skills 101 (the basic introductory/intermediate course for
adult cyclists), Traffic Skills 201 (an advanced adult course), Kids 1 (designed for parents of children under 10
years of age), and Kids 2 (designed for children age 10 -14). A readily available stable of knowledgeable and
experienced LCI's will help sustain the program and foster growth and expansion to other cities within the
region.
Task 3: Procure Supplies and Conduct ILuces Vivas! Events-
iLuces Vivas! is an education and bike light distribution program intended to make sure people riding bikes in
Santa Ana are riding safely at night. When riding at night in California, a white front light and rear reflectors are
required by law (CVC21201). More importantly, riding without lights and reflectors is dangerous. According to
the most recent data from the National Highway Traffic Safety Administration, 69% of bicyclist fatalities in 2012
in the U.S. were in urban areas, and 48% of the bicyclist fatalities occurred between 4:00 pm and midnight
(NHTSA "Traffic Safety Facts" April 2014 DOT HS 812 018). Our goal is to seek out people riding without lights
for various reasons, especially riders who may not have the means or time to acquire lights on their own.
The City and community partners will organize iLuces Vivas! to meet for ten (10) street distributions at
undisclosed locations throughout Santa Ana where night -time bicycle ridership is expected to be high and
where the City has seen a history of incidents involving bicyclists at night. iLuces Vivas! members will stop
people who are riding bikes without lights in order to give them front and rear lights along with an information
"spoke card" that explains the law for riding at night as well as tips they should know for night -time safety. The
spoke cards are printed in English and Spanish and iLuces Vivas! will include at least a few members who
speak Spanish (as well as female members to encourage female riders to stop). Additionally, cyclists who are
not wearing helmets will be fitted and provided a helmet.
The selected consultant will be responsible for procuring 1,500 helmets and 1,500 bicycle lights that meet the
OTS Buy America requirements. It is expected that100 -150 light sets and /or helmets will be distributed at each
event, depending on expected bicyclist volume. Our goal will be to distribute all the lights and helmets
allocated for each event.
Task 4: Conduct Pedestrian and Bicycle Traffic Safety Fairs
Conduct four (4) pedestrian and bicycle traffic safety fairs. In the spirit of a bike rodeo, the Traffic Safety Fair
would teach students how to interact with the roadway and traffic. Whether they are walking or biking, the goal
of the course would be to increase safety awareness and confidence of the student. The class would cover
everything from using the different intersection devices, bicycling in the roadway, bicycle safety inspections,
and helmet fit. The course would use a combination of simulation and hands on training to teach the student
how to make safe decisions while walking or riding within the roadway. The training would utilize chalk,
cardboard cut -outs, and other techniques to simulate possible roadway conditions /hazards. Classes would be
conducted on a safe flat area on local public parks and /or school grounds. Age appropriate bicycles would be
made available for youth that do not have their bicycle with them. Students that complete both the pedestrian
and bicycle section would receive a free helmet and lights.
City of Santa Ana RFP 16 -137
25%P'35
Task 5: Promote Travel Safe, Share the Space Media Campaign:
In 2014/2015 the City of Santa Ana developed artwork for the Travel Safe, Share the Space Campaign and
procured a limited run of direct media purchase as part of a previous OTS grant. The direct media campaign
included 36 street light banners and 12 transit stop advertisements, as well as printed collateral materials and
a website with bicycle safety information. Each direct media installation ran for 90 -days.
This program would utilize the artwork developed by the previous program for a citywide extended direct media
campaign. The City of Santa Ana would procure a minimum of 72 banner installations for 180 days and 24
transit stop advertisements for 90 -days.
City staff will help coordinate the identification of responsible contractor for the installation of this work. The
budget for this task has been identified by the grant as $65,520
City of Santa Ana RFP 16 -137
25�=3�
APPENDIX
ATTACHMENT B
SAMPLE AGREEMENT
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
BICYCLE AND PEDESTRIAN SAFETY EDUCATION PROGRAM
RFP NO.: 16 -137
THIS AGREEMENT, made and entered into this day of , 20_ by and between
(hereinafter "Consultant'), and the City of Santa Ana, a charter city and municipal corporation organized and
existing under the Constitution and laws of the State of California (hereinafter "City ").
RECITALS
1. The City desires to retain a Consultant having special skill and knowledge in the field of
Consultant represents that Consultant is able and willing to provide such services to the City and is
licensed by the State of California to provide
3. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its
field and that any services performed by Consultant under this Agreement will be performed in
compliance with such standards as may reasonably be expected from a professional firm.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and
conditions hereinafter set forth, the parties agree as follows:
SCOPE OF SERVICES
Consultant shall provide services, as set forth in the, Scope of Services attached hereto as
Attachment A, and incorporated by this reference. Said services shall be provided on an on -call basis,
at the written request of the Executive Director of Public Works.
II. DEFINITIONS (if any)
III. TERMS AND CONDITIONS
A. OWNERSHIP OF REPORTS AND DOCUMENTS
Upon completion of all work under this Agreement, ownership and title to all reports, documents,
tracings, plans, specifications, estimates and maps prepared or obtained under the terms of this
Agreement shall be delivered to, and become the property of City. Basic survey notes and
sketches, charts, computations, and other data prepared or obtained pursuant to this Agreement
shall be made available upon request of the City without restriction or limitation on their use.
Contractor shall furnish the City all necessary copies of data needed to complete the review and
approval process.
B. TERM
The term of this Agreement shall commence the date of City Council award and approval of all
insurance and bonds, and terminate MONTH, DAY, YEAR, unless earlier terminated as set forth
in Section H, below. City is hereby granted an option to renew for up to ( #) additional
City of Santa Ana RFP 16 -137
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0
( #) - year periods on the terms and conditions set forth herein. Said options shall be
exercised in writing executed by the City Manager, at least thirty (30) days prior to the end of the
initial term or any extension thereof.
C. COMPENSATION
City agrees to pay and Consultant agrees to accept as total payment for its services, the
rates and charges set forth in Consultant's proposal, attached hereto as Attachment B.
The amount to be expended for services shall not exceed ($) annually
during the term of this agreement.
Invoices
a. The Consultant shall submit a monthly invoice by the fifteenth of the month to the
City for the services rendered in the prior month.
b. All invoices for work performed under this Agreement shall be submitted in a format
approved by the City. Invoices shall include the following information at a minimum:
i. Consultant's invoice number
ii. Beginning and ending dates for services
iii. City project number and /or name (if applicable)
iv. Work site address /location (if applicable)
V. Tasks or deliverables completed, and % of total services completed
3. Payment by City shall be made within sixty (60) days following receipt of proper invoice,
subject to City accounting procedures. Payment need not be made for work which fails to
meet the standards of performance of a professional parking control enforcement services.
4. Retention: City shall retain ten (10 %) of the contract price for each project until the
completed Project has been accepted and deliverables received by the City. Payment
need not be made for work which fails to meet the standards of performance of a
professional parking control enforcement services."
5. Extra Work
No additional work shall be authorized unless a separate estimate is given for said work
and the estimate is approved by the City in writing before the work is commenced. The
Consultant will be required to provide detailed information of such extra work. Work
performed prior to obtaining written approval of the City shall not be included within the
Scope of Work and may not be paid.
D. DELIVERY OF SERVICES
Consultant agrees to provide schedule and deliverables as set forth in Consultant's proposals
attached hereto as Attachment C.
E. INDEPENDENT CONTRACTOR
Consultant shall during the entire term of this Agreement, be construed to be an independent
contractor and not an employee of the City. This Agreement is not intended nor shall it be
construed to create an employer - employee relationship, a joint venture relationship, or to allow
the City to exercise discretion or control over the manner in which Consultant performs the
services required by this Agreement. However, the services to be provided by Consultant shall
City of Santa Ana 3`00 RFP 16 -137
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(a)
be provided in a manner consistent with all applicable standards and regulations governing such
services. Consultant shall pay all salaries and wages, employer's Social Security taxes,
unemployment insurance, and similar taxes relating to employees and shall be responsible for
all applicable withholding taxes.
F. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall maintain and
shall require its subcontractors, if any, to obtain and maintain insurance as described below:
Commercial General Liability Insurance: Consultant shall maintain commercial general
liability insurance which shall include, but not be limited to protection against claims
arising from bodily and personal injury, including death resulting there from and damage
to property, resulting from any act or occurrence arising out of Consultant's operations in
the performance of this agreement, including, without limitation, acts involving vehicles.
The amounts of insurance shall be not less than the following: single limit coverage
applying to bodily and personal injury, including death resulting therefrom, and property
damage, in the total amount of One Million Dollars ($1,000,000) per occurrence, Two
Million Dollars ($2,000,000) in the aggregate. Such insurance shall (a) name the City,
its officers, employees, agents, volunteers, and representatives as additional insured(s);
(b) be primary and not contributory with respect to insurance or self- insurance programs
maintained by the City; and (c) contain standard separation of insured's provisions.
2. Business Automobile Liability Insurance, or equivalent form, with a combined single limit
of not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall
include coverage for owned, hired and non -owned automobiles.
3. Worker's Compensation Insurance: In accordance with the provisions of Section 3300
of the Labor Code, Consultant is required to be insured against liability for Workers'
Compensation or to undertake self- insurance. Prior to commencing the performance of
the work under this Agreement, Consultant agrees to obtain and maintain any
employer's liability insurance with limits not less than One Million Dollars ($1,000,000)
per accident.
4. Professional Liability Insurance: If Consultant is or employs a licensed professional such
as an architect or engineer, Consultant is required to carry Professional Liability (errors
and omissions) insurance, with a combined single limit of not less than One Million
Dollars ($1,000,000) per claim.
5. The following requirements apply to the insurance to be provided by Consultant pursuant
to this section:
a. Consultant shall maintain all insurance required above in full force and effect for
the entire period covered by this agreement.
b. Certificates of insurance shall be furnished to the City upon execution of this
Agreement and shall be approved in form by the City Attorney.
C. Certificates and policies shall state that the policies shall not be canceled or
reduced in coverage or changed in any other material aspect without thirty (30)
days prior written notice to the City.
6. If Consultant fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has been
City of Santa Ana RFP 16 -137
25:J39
procured and is in force and paid for, the City shall have the right, at the City's election,
to forthwith terminate this Agreement. Such termination shall not affect Consultant's
right to be paid for its time and materials expended prior to notification of termination.
Consultant waives the right to receive compensation and agrees to indemnify the City for
any work performed prior to approval of insurance by the City.
G. HOLD HARMLESS/ INDEMNIFICATION
To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless
City, its officers, agents and employees (collectively, the "indemnified parties') from and against
any and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses, judgments,
fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees,
disbursements and court costs) of every kind and nature whatsoever (individually, a claim;
collectively, "claims "), which may arise from or in any manner related (directly or indirectly) to
any work performed or services provided under this Agreement (including, without limitation,
defects in workmanship and /or materials) or Consultant's presence or activities conducted
performing the work (including the negligent and /or willful acts, errors and /or omissions of
Consultant, its principals, officers, agents, employees, vendors, suppliers, contractors,
subcontractors, anyone employed directly or indirectly by any of them or for whose acts they
may be liable for any or all of them). Notwithstanding the foregoing, nothing herein shall be
construed to require Consultant to indemnify the indemnified parties from any claim arising from
the sole negligence or willful misconduct of the indemnified parties. This indemnity shall apply to
all claims and liability regardless of whether any insurance policies are applicable. The policy
limits do not act as a limitation upon the amount of indemnification to be provided by the
Consultant.
H. NOTICE
Any notice, tender, demand, delivery or other communication pursuant to this agreement shall
be in writing and shall be deemed to be properly given if delivered in person or mailed by first
class or certified mail, postage prepaid, sent by telefacsimile communication, or via e-mail to the
following persons:
To City: Clerk of the Council
City of Santa Ana
20 Civic Center Plaza (M -30)
Santa Ana, CA 92701
Fax 714 - 647 -6956
With courtesy copy to: Public Works Agency — Traffic Division
To Consultant:
TERMINATION
The City reserves the right to terminate the Agreement as follows:
This agreement may be terminated without cause by City upon thirty (30) days written
notice delivered to the Consultant either personally or by mail. Upon termination, City
shall pay to Consultant that portion of compensation specified in the agreement that is
earned and unpaid prior to the effective date of termination.
2. In addition to, or in lieu of, remedies provided in this agreement or pursuant to law, City
City of Santa Ana RFP 16 -137
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(a)
shall have the right to withhold all or a portion of Consultant's compensation for
Agreement services if, in the judgment of the projects manager or designee, the level of
service falls below appropriate standards and /or Consultant fails to satisfactorily perform
Agreement services. City shall have the right to retain funds withheld until the projects
manager or designee determines that Agreement services are performed as well and as
frequently as required by this agreement.
J. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS
Consultant shall perform all requirements under this Agreement in strict observance of and
in compliance with all applicable environmental, traffic, safety and any other laws,
regulations, ordinances, codes and any other legislative or statutory requirements.
2. Consultant warrants that the performance of services under this Agreement shall be
compliant with the current requirements of the Highway Safety Grant Management Manual
and as it may be amended or updated throughout the term of this Agreement.
3. Consultant certifies that it shall comply with the following regulations, as required by the
State of California Office of Traffic Safety:
a. Audit Records - With respect to all matters covered by this agreement all records
shall be made available for audit and inspection by the City, the grant agency
and /or their duly authorized representatives for a period of four (4) years from the
termination of this Agreement. For a period of three years after final delivery
hereunder or until all claims related to this Agreement are finally settled,
whichever is later, Consultant shall preserve and maintain all documents, papers
and records relevant to the services provided in accordance with this Agreement,
including the Attachments hereto. For the same time period, Consultant shall
make said documents, papers and records available to City and the agency from
which City received grant funds or their duly authorized representative(s), for
examination, copying, or mechanical reproduction on or off the premises of
Consultant, upon request during usual working hours.
b. Consultant shall provide to City all records and information requested by City for
inclusion in quarterly reports and such other reports or records as City may be
required to provide to the agency from which City received grant funds or other
persons or agencies.
C. Section 504 of the Rehabilitation Act of 1973 (Handicapped) - All recipients of
federal funds must comply with Section 504 of the Rehabilitation Act of 1973
(The Act). Therefore, the federal funds recipient pursuant to the requirements of
The Act hereby gives assurance that no otherwise qualified handicapped person
shall, solely by reason of handicap be excluded from the participation in, be
denied the benefits of or be subject to discrimination, including discrimination in
employment, in any program or activity that receives or benefits from federal
financial assistance. The Consultant agrees it will ensure that requirements of
The Act shall be included in the agreements with and be binding on all of its
contractors, subcontractors, assignees or successors.
d. Americans with Disabilities Act of 1990 - (ADA) Consultant must comply with all
requirements of the Americans with Disabilities Act of 1990 (ADA), as applicable.
City of Santa Ana RFP 16 -137
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(a
e. Political Activity - None of the funds, materials, property, or services provided
directly or indirectly under this agreement shall be used for any partisan political
activity, or to further the election or defeat of any candidate for public office, or
otherwise in violation of the provisions of the "Hatch Act".
Civil Rights Compliance and Notification of Findings - Consultant, and all its
contractors (or sub - recipients) will comply, with the nondiscrimination
requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as
amended, 42 USC 3789 (d), or Victims of Crime Act (as appropriate); Title VI of
the Civil Rights At of 1964, as amended; Section 504 of the Rehabilitation Act of
1964, as amended; Subtitle A, Title II of the Americans with Disabilities Act
(ADA) (1990); Title IX of the Education Amendments of 1972; the Age
Discrimination Act of 1975; Department of Justice Non - Discrimination
Regulations, 28 CFR Part 42, Subparts C, D, E, and G; and Department of
Justice regulations on disability discrimination, 28 CFR Part 35 and 39. In the
event a Federal or State court, Federal or State administrative agency, or the
Consultant makes a finding of discrimination after a due process hearing on the
grounds of race, color, religion, national origin, sex, or disability against a
recipient of funds, the Consultant will forward a copy of the findings to the City
which will, in turn, submit the findings to the Office of Civil Rights, Office of
Justice Programs, U.S. Department of Justice.
Consultant, and all its contractors (or sub - recipients) will comply, with all
requirements of the Executive Order 11246 of September 24, 1965, entitled
"Equal Employment Opportunity," as amended by Executive Order 11375 of
October 13, 1967, and as supplemented in Department of Labor regulations (41
CFR chapter 60), as applicable.
h. Consultant, and all its contractors (or sub- recipients) will comply, with
all
requirements of the Copeland "Anti- Kickback" Act (18 U.S.C. 874)
as
supplemented in Department of Labor regulations (29 CFR Part 3),
as
applicable.
i. Consultant, and all its contractors (or sub - recipients) will comply, with
all
requirements of the Davis -Bacon Act (40 U.S.C. 276a to 276a -7)
as
supplemented by Department of Labor regulations (29 CFR Part 5),
as
applicable.
j. Consultant, and all its contractors (or sub - recipients) will comply, with
all
requirements of Sections 103 and 107 of the Contract Work and Safety
Standards Act (40 U.S.C. 327 -330) as supplemented by Department of Labor
regulations (29 CFR Part 5), as applicable.
k. Consultant, and all its contractors (or sub - recipients) will comply, with all
applicable standards, orders or requirements issued under Section 306 of the
Clean Air Act (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act (33
U.S.C. 1368), Executive Order 11738, and the Environmental Protection Agency
regulations (40 CFR part 15), as applicable.
City of Santa Ana RFP 16 -137
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(a)
I. Consultant, and all its contractors (or sub - recipients) will comply, with all
requirements of the Energy Policy and Conservation Act (Pub. L. 94 -163, 89
Stat. 871), (53 FR 8078, 8087, Mar. 11, 1988, as amended at 60 FR 19639,
19645, Apr. 19, 1995), as applicable.
M. Consultant, and all its contractors (or sub - recipients) will comply, with all
requirements of the Department of Housing and Urban Development,
Community Development Block Grant Regulatory Code 24 CFR Part 570.
n. Consultant agrees that the State of California Office of Traffic Safety shall have
the authority to seek patent rights for any process, product, invention or
discovery developed and paid for with funding through this Agreement.
o. Consultant may not copyright any books, publications or other materials
developed in the course of or under this Agreement. The federal awarding
agency, State Administrative Agency (SAA) and City reserve any rights to
copyright, reproduce, publish or otherwise use, and to authorize others to use, for
federal government, SAA and /or City purpose any work developed through this
Agreement.
N. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate or subcontract t any interest herein without the
prior written consent of City and any such assignment, transfer, delegation or subcontract
without the City's prior written consent shall be considered null and void.
O. JURISDICTION — VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance and enforcement of any of the clauses of this Agreement shall be
determined and governed by the laws of the State of California. Both parties further agree that
Orange County, California, shall be the venue for any action or proceeding that may be brought
or arise out of, in connection with or by reason of this Agreement.
P. FINES
The Consultant shall be liable for all violation fines levied against the City by federal, state, or
local agencies with regulatory authority related to Consultant provided services.
Q. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the
power, authority and right to bind their respective parties to each of the terms of this
Agreement, and shall indemnify City fully, including reasonable costs and attorney's
fees, for any injuries or damages to City in the event that such authority or power is
not, in fact, held by the signatory or is withdrawn.
b. All Attachments referenced herein and attached hereto shall be incorporated as if
fully set forth in the body of this Agreement.
City of Santa Ana RFP 16 -137
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(a,
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above written.
ATTEST: CITY OF SANTA ANA
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
SONIA CARVALHO
City Attorney
M
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
FRED MOUSAVIPOUR
Executive Director
Public Works Agency
DAVID CAVAZOS
City Manager
CONSULTANT
City of Santa Ana RFP 16 -137
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U
APPENDIX
ATTACHMENT C -1: NON - COLLUSION AFFIDAVIT
CERTIFICATIONS
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
BICYCLE AND PEDESTRIAN SAFETY EDUCATION PROGRAM
RFP NO.: 16 -137
NON - COLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS
In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares
that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company,
association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has
not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or
indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that
anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by
agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix
any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage
against the public body awarding the contract of anyone interested in the proposed contract; that all statements
contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid
price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid,
and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to
any member or agent thereof to effectuate a collusive or sham bid.
Note: The above Non - collusion Affidavit is part of the Proposal. Signing this Proposal on the signature
portion thereof shall also constitute signature of this Non - collusion Affidavit. BIDDERS are cautioned that
making a false certification may subject the certifier to criminal prosecution.
Signed
State of California
County of
Subscribed and sworn to (or affirmed) before me on this day of , 20 , by
, proved to me on the basis of satisfactory evidence to be the person(s) who
appeared before me.
Notary Public Signature Notary Public Seal
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
City of Santa Ana RFP 16 -137
2%M-45
APPENDIX
ATTACHMENT C -2: NON - LOBBYING CERTIFICATION
CERTIFICATIONS
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
BICYCLE AND PEDESTRIAN SAFETY EDUCATION PROGRAM
RFP NO.: 16 -137
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her
knowledge and belief, that:
No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of any federal agency,
a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any federal contract, the making of any federal grant,
the making of any federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any federal contract, grant, loan, or
cooperative agreement.
2. If any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence any officer or employee of any federal agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned
shall complete and submit a "Disclosure of Lobbying Activities'.
This certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction
imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the
language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such
sub recipients shall certify and disclose accordingly.
Firm
Signed and Printed Name:
Title
Date
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
City of Santa Ana RFP 16 -137
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CONTRACT AGREEMENT STATEMENT
NeighborWorks Orange County concurs with the sample contract agreement provided
in the RFP as Attachment B.
FIRM AND TEAM EXPERIENCE
NeighborWorks Orange County has been working with the community in Orange
County since 1977. Our work includes working with residents and community leaders to
work on issues they determine are important to the area. Approximately 3 years ago
our Community Building Coaching Team began to work with a group of residents who
identified biking and bicycle safety was an issue they wanted to focus on. This team of
residents grew to form Santa Ana Active Streets (SAAS). Since 2013, SAAS has been and
is a community -based coalition cultivating diverse community participation in creating
a safe and accessible environment for active transportation in Santa Ana. SAAS has
engaged residents with the emerging active transportation movement by working with
youth, local organizations, and policy makers in the following ways:
• Hosting educational workshops and activities on the health, safety, and
environmental elements of active transportation. SASS has hosted 35 workshops
and reached over 900 participants, including 8 ATLP workshops, 16 Luces Vivas
community events and 1 1 Bike Safety Classes, including LCI seminars in 2015.
• Leading policy advocacy campaigns for progressive active transportation policy
and infrastructure changes. Leading policy advocacy campaigns for
progressive active transportation policy and infrastructure changes. A team of
about 5 youth led a Complete Streets policy campaign for safe bike lanes in
Central Santa Ana. They produced a Bikeability Assessment which include
community -based data and research. This work helped secure $2.3 million for a
1.7 mile protected bike lane which will connect 8 public schools, a park, a bike
trail, and multiple small businesses, churches and commercial centers.
• Coordinating community friendly bike rides or walk events in local areas and
neighborhoods. In 2015, SASS conducted 10 rides /walks involving 250
participants, and in 2016, have had 5 additional events including 5 SAASy
Thursday and Ride of Silence events serving 75 participants.
SAAS coalition partner organizations include the following local non - profits:
• NeighborWorks Orange County works to strengthen communities and enhances
the quality of life for working families by expanding housing opportunities,
promoting sound financial management, and encouraging civic engagement
• The Bicycle Tree supports bicyclists and create healthy bicycle - friendly
communities through activities, advocacy and education.
• Kid Works transforms challenged neighborhoods in central Santa Ana by building
on the strengths and potential in the community through education, character
formation, and personal development.
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• Latino Health Access assists in improving the quality of life and health of the
uninsured, under - served people through quality preventive services and
educational programs emphasizing responsibility and full participation in
decisions affecting health.
The entire coalition brings over 15 years of experience in working with and providing the
community bicycle and safety education programs. The work for the execution of tasks
one through five will be divided among all the non - profit partners and resident
leadership who are part of the coalition. The coalition recognizes that it requires the
assistance of a Project /Program coordinator to assist will day to day activities. Part of
this funding will be utilized to hire a part time project /program coordinator to work 20
hours a week for 10 months. This position will be an independent contractor position.
The Project Owner is NeighborWorks Orange County who will be responsible for
contractual obligations, reporting and compliance. SAAS and its collaborative
members will be responsible for executing the day to day items needed for tasks one
through five.
UNDERSTANDING OF NEED
According to the California Office of Traffic Safety, among the 14 California cities with a
population over 250,000, in 2013 the city of Santa Ana had the 3rd highest rate of traffic
fatalities and injuries, the 5th highest rate of pedestrian fatalities or injuries (3rd for
pedestrians under 15 years old), and the highest rate in the state for bicyclists killed and
injured. The number of annual pedestrian collisions has remained consistently high for
years, and despite various safety initiatives implemented in the city, the number of
annual bicycle collisions has increased every year from 2006 to 2013. From 2005 -2014,
pedestrians accounted for approximately 55% of traffic fatalities, while nearly 12% were
bicyclists; in both cases, these vulnerable road users suffered fatalities at much higher
rates than the proportion of trips taken by these modes. For example, the American
Community Survey for these years indicates that around 2% of Santa Ana's workers
travel to their workplace on foot, while fewer do so by bicycle, and approximately 817.
use transit (which typically has a walking or biking component).
Clearly, these high rates of collisions, injuries, and fatalities need to be remedied with
strong action. The city is making impressive strides toward improving the built
environment of Santa Ana's streets as described in their Safe Mobility Santa Ana plan,
utilizing detailed data and community outreach to identify problem areas and seeking
to address them using a diverse toolbox of infrastructure treatments and education
strategies.
Though profoundly influenced by the built environment, the behaviors of road users are
ultimately what cause injury and death. Various unsafe and illegal behaviors can be
identified as causative factors in Santa Ana collision records. From 2005 -2014, at least
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one party was identified as having been drinking or under drug influence in at least 42%
of fatal collisions. 21.5 % of all Santa Ana pedestrian collisions occurred at mid -block
locations; these collisions can be reduced by encouraging pedestrians to cross at
intersections. Among bicyclists, sidewalk and wrong -way riding have been identified as
collision -prone behavior, with this type of riding involved in over half of collisions with
right- turning motor vehicles and with motor vehicles pulling out of driveways. By
illustrating and communicating the dangers and consequences of unsafe behaviors, an
effective campaign can go a long way to save lives.
Understanding the need to educate residents about safe behaviors, the City has
undertaken a number of pedestrian and bicycle safety education initiatives, including
the 2016 Bicycle Safety Education and Outreach Campaign largely implemented by
Santa Ana Active Streets (SAAS). This campaign included bicycle safety classes and
bike light and helmet distributions. The City offered these classes and safety accessories
at no charge to participants and recipients, recognizing that the per capita income of
Santa Ana residents is less than half the county -wide rate, while the proportion of
persons in poverty is nearly double that of the county as a whole.
The 2016 Bicycle Safety Education and Outreach Campaign included several
classroom and on- the -bike safety classes taught in Spanish, responding to the fact that
the city's residents are over 75% Latino, with over 80% of residents speaking a language
other than English at home.
Santa Ana Active Streets is a coalition of members of the Santa Ana community
committed to improving the safety of our friends, neighbors, associates, and clients. We
are a part of and a reflection of the city we serve, with many collective years of
experience with outreach and community engagement. Our operation of the 2016
Bicycle Safety Education and Outreach Campaign yielded many successes and
lessons learned, which we intend to help us successfully implement 2017's Bicycle and
Pedestrian Safety Education Program. With a clear understanding of the various tasks of
this program and the work involved to do them, we are confident that we can meet
the program requirements on time and on budget.
RELEVANT PROJECT EXPERIENCE
Below you will find a list of projects SAAS has completed. As mentioned before,
NeighborWorks will work with SAAS for this project.
Central Santa Ana Complete Streets Plan:
SAAS was sub - contracted to lead outreach and project coordination efforts for the
Central Santa Ana Complete Streets Plan. Core responsibilities included producing an
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outreach plan and supporting materials, reaching out to diverse partners and residents,
facilitating community charrettes, and assembling an Advisory Committee. Outreach
strategies included door -to -door, flyer distribution at schools and churches,
announcements at community meetings, bike rides, and social media or email blasts.
SAAS coordinated family friendly activities and a bike and walk audit at the 4 -day
community charrettes in which 150 residents participated.
Year: December 2015- Current
Client: KTU +A, Planning and Landscape Architecture firm
Contact Person: Joe Punsalan, Senior Associate, (619) 294 -4477, ioe @ktua.com
Bicycle and Pedestrian Safety Education Program:
SAAS was sub - contracted to coordinate the outreach and development of the Bicycle
and Pedestrian Safety Program accessible to all Santa Ana residents. SAAS assisted with
the development of curriculum and logistics of scheduling for 10 Traffic Safety 101
classes. Members of SAAS served as course instructors and outreached to recruit
participants through existing networks and social media. SAAS coordinated and hosted
10 bicycle light and helmet distributions at busy corner intersections in the city. SAAS
assisted with the coordination of the LCI Seminar and recruited local residents to train.
Year: January 2016- September 2016
Client: Alto Planning + Design, Inc.
Contact Person: Ryan Johnson, Senior Planner, (213) 437- 3392,
ryanjohnson @altaplanning.com
Active Transportation Leadership Program:
SAAS administered the Active Transportation Leadership Program in Santa Ana through
a partnership of 4 non - profit organizations. The program included coordinating eight
educational workshops on active transportation policy and advocacy in which 50 adult
and youth residents participated. SAAS facilitated the development of a youth led
advocacy project for a bike trail extension that connected low- income neighborhoods
to the downtown area. Program activities included the coordination of bike
maintenance workshops and community bike rides and the participation at state
trainings and conferences.
Year: January 2015- December 2015
Client: Alliance for a Healthy Orange County
Contact Person: Michele Martinez, (714) 887 -9845, michele @ochealthalliance.org,
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