City of Daly City. REQUEST FOR PROPOSALS for DALY CITY SYSTEMIC SAFETY ANALYSIS REPORT

Transcription

1 City of Daly City REQUEST FOR PROPOSALS for DALY CITY SYSTEMIC SAFETY ANALYSIS REPORT City of Daly City Public Works Department th Street, Daly City, CA Project Manager: Shirley Chan Telephone: February 6, 2018

2 Daly City Systemic Safety Analysis Report Request for Proposal I. Project Information A. REQUEST FOR PROPOSAL (RFP) NOTICE The City of Daly City is seeking proposals from qualified and experienced Consultants for the preparation of a Systemic Safety Analysis Report (Report) for the City of Daly City. The Report shall be consistent with the requirements of Caltran s Systemic Safety Analysis Report Program (SSARP). The Report will review the most recent five years of collision data (with an emphasis placed on incidents involving bicycles and pedestrians), traffic data, and roadway characteristics. The report will also provide analysis of the City s road network including traffic analysis, signage of bicycle/pedestrian areas, and the effectiveness of existing safety measures. The Report will identify high-risk corridors and intersections, and suggest proactive safety countermeasures. The Report will provide a prioritized list of viable safety project recommendations with high benefit/cost ratios, and which are eligible for Highway Safety Improvement Program (HSIP) funding and/or other safety-related funding programs. The City of Daly City was awarded a grant from the California Department of Transportation (Caltrans) in the amount of $135,000 for the preparation of this Report. The proposals shall be submitted to the City Clerk s Office, City of Daly City, th Street, Daly City, California, 94015, no later than: 4:00 p.m. on Thursday, March 1, 2018 Each proposer shall submit four (4) bound sets and one (1) electronic copy of the proposal in PDF format in accordance with Section II, "SUBMITTAL REQUIREMENTS." Contact: Shirley Chan, schan@dalycity.org or (650) B. OVERALL PROJECT OBJECTIVES The Systemic Safety Analysis Report will provide the basis for systemic implementation of safety measures in the City of Daly City. The Report shall be a document that identifies proactive safety measures, based on the current crash trends, which will improve the overall safety for roadway users on City streets. The Consultant will develop a prioritized list of proposed safety improvements and activities for the entire roadway network based on high risk roadway characteristics. Page 2 of 8

3 Daly City Systemic Safety Analysis Report Request for Proposal The primary objectives of the completed Systemic Safety Analysis Report are to: 1. Analyze crash data to determine crash patterns by location, type of crash, roadway/intersection types, roadway characteristics, types of road users, and any circumstance of the crash which would lead to potential countermeasure identification. 2. Develop a listing of potential countermeasures through systemic analysis and discussions with City Staff and other key stakeholders including representatives of the 4 E s of roadway safety: Engineering, Education, Enforcement and Emergency Medical Services. 3. Develop a list of competitive systemic low-cost countermeasures/high benefitcost ratio safety projects within the City of Daly City eligible to submit for HSIP grant funding consideration. 4. Prepare a draft and final Systemic Safety Analysis Report for the City of Daly City which includes all of the SSAR reporting requirements. C. REQUESTED SCOPE OF SERVICES The proposer is encouraged to modify or add to the following scope of services based on past successful experiences. The City is seeking an experienced firm with prior experience preparing a Systemic Safety Analysis Report or elements thereof, for jurisdictions of similar size and complexity. The scope of services will include, but are not necessarily limited to the following: TASK 1 PROJECT MANAGEMENT The Consultant shall be fully responsible for the day-to-day project management and delivery of the Systemic Safety Analysis Report. This work task includes routine communication, as well as regular meetings and major milestone meetings between the consultant, City staff, and other project stakeholders. The Consultant shall prepare meeting agendas and record meeting minutes. Project Management also includes the preparation and management of a finalized project budget and a detailed project schedule for the delivery of the project milestones and final Report. This work task also includes the timely submission of contract documents including, but not limited to: monthly progress reports, budget management, and invoices. Page 3 of 8

4 Daly City Systemic Safety Analysis Report Request for Proposal Deliverables: Finalized Project Budget, Detailed Project Schedule, and up to six (6) Inperson Meetings including Agendas and Minutes. Task 2 Data Collection and Analysis The Consultant shall collect data from different sources to conduct an effective and overall analysis of the City s existing roadway network. The data collected shall place an emphasis on pedestrians/bicycles, roadway departure and head-on collisions, and alcohol and drug related incidents. The following is a list of data that should be collected, at a minimum, by the Consultant: Collect Citywide crash data for the recent 5-year from the Statewide Integrated Traffic Records System (SWITRS) database and UC Berkeley Transportation Injury Mapping System (TIMS) database. Collect Citywide crash data for the recent 5-year from the City of Daly City Police Department Obtain existing roadway characteristics, land use data, and demographic data from existing City, regional, and state databases, supplemented with field reviews of critical locations. The Consultant will utilize collected data to identify locations and/or corridors that have a high potential for collisions. Crash data shall be analyzed to determine which intersections/corridors are of greatest priority. Roadway characteristics shall be analyzed to determine the risk factors associated with nominal safety design. Based upon the issues identified, a list of potential high-risk locations will be developed through the systemic safety approach. Analysis should include, but not be limited to: 1. Common collision types on similar type of roadway. 2. Collision experience at controlled crossing and uncontrolled crossing. 3. Collision trend comparison in different areas. 4. Summary of issues and problems based on collision analysis, and 5. Deficiencies of infrastructures, roadways or traffic control devices. Deliverables: Memo describing the method, approach, and source of existing data collection. Summarize collected crash data, roadway characteristics for locations being considered for safety improvements, and provide easy to follow graphics, figures, and tables. Memo shall also summarize the method, approach, and results of the data analysis. Page 4 of 8

5 Daly City Systemic Safety Analysis Report Request for Proposal The memo shall identify street sections and intersections or groupings of streets and intersections sharing similar characteristics with high potential for crashes. The memo will be incorporated into the body of the SSARP, with the GIS graphics, figures, and tables included with the appendix. Task 3 Countermeasure Selection and Stakeholder Workshop Consultant will suggest several appropriate high benefit to cost countermeasures for improving safety performance at identified locations with high potential for collisions. Utilizing methods provided in the Local Roadway Safety Manual (LRSM), the Consultant will suggest countermeasures with high benefit to cost ratios at these locations. The Consultant will lead a formal workshop to gather input from stakeholders regarding the locations with safety issues and the suggested countermeasures for improvement. The workshop will be focused on educating and informing stakeholders of the systemic and proactive approach, and discussing and prioritizing safety countermeasures. The Consultant will prepare a PowerPoint presentation as well as prepare other exhibits and supporting materials to help disseminate information. Feedback from the workshop will be incorporated into the next tasks. Deliverables: Powerpoint presentation with graphics and exhibits to inform stakeholders of the SSAR progress. Consultants shall lead the stakeholder workshop and incorporate stakeholder feedback. Task 4 Develop Safety Projects Consultants shall develop a list of prioritized safety projects, based on the analysis and feedback from City staff and stakeholders. The Consultant will screen the potential lowcost countermeasures by performing a Cost/Benefit analysis of various countermeasures, and then develop a list of high-priority safety improvement projects for implementation based on the calculated Benefit/Cost ratios. The list should clearly identify projects that are eligible and competitive for HSIP funding or other safety funding. The methodology for calculating Benefit/Cost ratios for each project should be clearly documented and included in the final report. Deliverables A summary detailing prioritized safety projects. The summary should clearly identify the limits of each project, types of safety improvements and Benefit/Cost ratio for each project. Additionally, the methodology for how the projects were selected and prioritized should be clearly identified. This summary should be included in the final report, and supplemented with a table or similar method detailing the financial aspects of implementation, including, but not limited to, estimated total project cost, construction by year; expected funding sources and amount for each project. Page 5 of 8

6 Daly City Systemic Safety Analysis Report Request for Proposal Task 5 Prepare Draft and Final Systemic Safety Analysis Report The Consultant shall prepare a draft Systemic Safety Analysis Report for review by City staff. The report should include vicinity/location map, crash characteristics, data gathering, data analysis, countermeasures being applied, benefit summary, Benefit/Cost ratio calculations and recommended safety projects identified during this study. The report should also identify potential sources for funding. The Consultant shall finalize the Systemic Safety Analysis Report based on feedback received from the stakeholders and incorporate comments from City staff. The final report shall include all of the elements outlined in Section 6: Reporting Requirements of the Systemic Safety Analysis Report Program (SSARP) Guidelines, dated February 2016 and reproduced in Appendix B. Deliverables An electronic copy of the draft report for review in PDF and Microsoft Word format. Five (5) hard copies and an electronic copy of the final report. The final report must fulfill the reporting requirements for Caltrans SSAR Program for Safety Plan and include sections which are described in the Reporting Requirements in Appendix B. II. SUMBITTAL REQUIREMENTS The consultant shall submit four (4) bound sets and one (1) electronic version (on a CD or flash drive in PDF format) of the proposal containing 8-1/2" x 11" sheet sizes for the text and 11" x 17" sheet sizes for any fold-out drawings. The proposals should be no more than 18 pages. The Cover and Table of Contents will not be counted towards the 18-page limit, and resumes may be attached as an Appendix. Double sided pages will count as two pages. The proposals are to be delivered to: City of Daly City City Clerk Office th Street ATTN: Shirley Chan Elements to be included in the proposal should be organized in the order as presented and described below. 1. Transmittal or Cover Letter a. To the attention of: Ms. Shirley Chan, Traffic Engineer, Public Works Department, th Street, Daly City CA b. Signed by a Principal of the prime consultant (in case of joint venture or other jointprime relationship, a Principal of each venture partner shall sign) authorized to submit proposals on behalf of the firm. Page 6 of 8

7 Daly City Systemic Safety Analysis Report Request for Proposal 2. Qualifications and Experience Detailed information on the background, qualifications, and experience of the firm and team members, emphasizing and detailing the successful completion of projects of comparable size and complexity in communities similar to Daly City. 3. Project References A minimum of three project references with contact information for projects completed or substantially completed within the last 5 years. Project references should be applicable to the specific project manager and key team members proposed for this project. Project references should include the size of the contract (dollar amount) and final outcome (approved by Council; accepted by staff; in process; etc.). 4. Current Projects A listing of any projects, including references, that the firm currently has under contract to which the proposed project manager has significant project responsibilities. 5. Resumes Resumes of assigned team members, including key subconsultants, detailing experience and qualifications. 6. Review of Preliminary Scope of Work and Schedule Review the preliminary scope of work and provide comments, including changes to schedule, sequencing, specific work items, and/or recommendations for additional work items or optional tasks. 7. Project Approach, Community Outreach and Proposed Scope of Work Provide a description of the project approach, including a detailed description of how the public outreach and community engagement process will be conducted. Describe any social media or web-based platforms for obtaining public input, as well as your firm s approach to conducting public meetings. Provide a preliminary scope of work and schedule aligned with key tasks as described in the RFP, with any additions or modifications recommended in the proposal. 8. Cost Proposal In a separate sealed envelope, submit a not-to-exceed fee proposal tied to a fee estimate by key task or project phase. Please also submit the current hourly rates for all project staff and subconsultants. Page 7 of 8

8 Daly City Systemic Safety Analysis Report Request for Proposal III. Selection Process A. PROPOSAL EVALUATION Proposals received by the City will make the final selection based on the following factors: Quality and completeness of proposal. Experience completing projects of similar scope and complexity in communities comparable to Daly City. Public meeting facilitation and community engagement expertise and techniques. Relevant experience and expertise of the proposed project team members. Technical knowledge and subject matter expertise. Ability to perform the work within the time specified. Creativity in approach to scope of work. References. Acceptance of standard consultant services agreement and insurance requirements, including any proposed changes to the agreement or insurance coverages. Cost for the requested scope of services. B. SELECTION PROCESS City staff will review the proposals received using the evaluation criteria listed above and rank firms based on the quality of their proposals and the extent to which the proposer demonstrates the ability to provide the services requested in a cost-efficient manner. It is anticipated that the top-ranked firms will be invited to an interview with City staff. Final consultant selection will be made based on combined scoring of the submittal and the interview. The proposer s designated project manager should attend any interview and be the primary spokesperson and presenter on behalf of the firm. C. PROJECT TIMELINE The following project timeline is provided for your scheduling information; however, it is subject to change at the discretion of the City. Project Benchmarks Date (Approximate) Request for Proposals available February 6, 2018 Proposals due at the City March 1, 2018 Consultant Interview (if necessary) Week of March 19, 2018 Consultant Selection March 26, 2018 Award of Agreement April 9, 2018 END OF RFP Page 8 of 8

9 APPENDIX A Sample Professional Services Agreement

10 Exhibit A AGREEMENT WITH CONSULTANT FIRM NAME FOR DESIGN PROFESSIONAL SERVICES FOR City of Daly City This Agreement, made and entered into this day of, 2018 by and between the CITY OF DALY CITY, a municipal corporation existing under the laws of the State of California ( CITY"), and CONSULTANT FIRM NAME, a California S-Corporation ("CONSULTANT"): CONSULTANT FIRM NAME ADDRESS R E C I T A L S : A. CITY desires certain construction document services hereinafter described as the design services for B. CITY desires to engage CONSULTANT to provide these consulting services by reason of its qualifications and experience for performing such services and CONSULTANT has offered to provide the required services on the terms and in the manner set forth herein. NOW, THEREFORE, IT IS AGREED as follows: SECTION 1 - SCOPE OF SERVICES The scope of services to be performed by CONSULTANT under this Agreement is as described in Exhibit A to this Agreement, the proposal from CONSULTANT FIRM NAME dated July 3 rd, 2015, attached and incorporated by reference. SECTION 2 - DUTIES OF CONSULTANT CONSULTANT shall be responsible for the professional quality, technical accuracy and coordination of all work furnished by CONSULTANT under this Agreement. CONSULTANT shall, without additional compensation, correct or revise any errors or deficiencies in its work. CONSULTANT represents that it is qualified to furnish the services described under this Agreement. CONSULTANT shall be responsible for employing or engaging all persons necessary to perform the services of CONSULTANT.

11 SECTION 3 - DUTIES OF CITY CITY shall provide pertinent information regarding its requirements for the project. CITY shall examine documents submitted by CONSULTANT and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of CONSULTANT'S work. SECTION 4 - TERM The services to be performed under this Agreement shall commence on August 14, 2014 and be completed on or about October 31, SECTION 5 - PAYMENT Payment shall be made by CITY only for services rendered and upon submission of a payment request upon completion and CITY approval of the work performed. In consideration for the full performance of the services set forth in Exhibit A, CITY agrees to pay CONSULTANT a fee pursuant to rates stated in Exhibit A to this Agreement, attached and incorporated by reference. SECTION 6 TERMINATION Without limitation to such rights or remedies as CITY shall otherwise have by law, CITY shall have the right to terminate this Agreement or suspend work on the Project for any reason, upon ten (10) days' written notice to CONSULTANT. CONSULTANT agrees to cease all work under this Agreement upon receipt of said written notice. Upon termination and upon CITY'S payment of the amount required to be paid, documents become the property of CITY, and CONSULTANT shall transfer them to CITY upon request without additional compensation. SECTION 7 - OWNERSHIP OF DOCUMENTS All documents prepared by CONSULTANT in the performance of this Agreement, although instruments of professional service, are and shall be the property of CITY, whether the project for which they are made is executed or not. SECTION 8 - INDEPENDENT CONTRACTOR It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the City. Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City's employees, and Consultant hereby expressly waives any claim it may have to any such rights. SECTION 9 - CONFIDENTIALITY -2- G:\Projects\Traffic\Central Signal System\!MASTER professional serv agreement alt short form to be used only with CAO approval.doc

12 All reports and documents prepared by CONSULTANT in connection with the performance of this Agreement are confidential until released by CITY to the public. CONSULTANT shall not make any such documents or information available to any individual or organization not employed by CONSULTANT or CITY without the written consent of CITY before any such release. SECTION 10 - INTEREST OF CONSULTANT CONSULTANT covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services under this Agreement. SECTION 11 USE OF SUBCONSULTANTS CONSULTANT shall not subcontract any services to be performed by it under this Agreement without the prior written approval of the CITY, except for service firms engaged in drawing, reproduction, typing, and printing. CONSULTANT shall be solely responsible for reimbursing any subconsultants and the CITY shall have no obligation to them. SECTION 12 - CONSULTANT'S STATUS It is expressly agreed that in the performance of the professional services required under this Agreement, CONSULTANT shall at all times be considered an independent CONSULTANT as defined in Labor Code Section 3353, under control of the CITY as to the result of the work but not the means by which the result is accomplished. Nothing herein shall be construed to make CONSULTANT an agent or employee of CITY while providing services under this Agreement. SECTION 13 - INDEMNITY To the fullest extent permitted by law (including, without limitation, California Civil Code Sections 2782 and ), Consultant and Consultant s sureties agree to defend (with legal counsel acceptable to the City), indemnify and hold harmless the City, its officers, agents, officials, representatives, employees and volunteers (collectively Indemnitees ) from and against any and all claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including, without limitation, incidental and consequential damages, court costs, attorneys fees, litigation expenses and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation), that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Consultant, any Subconsultant, anyone directly or indirectly employed by them, or anyone that they control (collectively Liabilities ). Such obligations to defend, hold harmless and indemnify any Indemnitee shall not apply to the extent that such Liabilities are arise out of the sole negligence, active negligence, or willful misconduct of Indemnitee. Acceptance by the City of the work performed under this Agreement does not operate as a release of Consultant from such professional responsibility for the work performed pursuant to -3- G:\Projects\Traffic\Central Signal System\!MASTER professional serv agreement alt short form to be used only with CAO approval.doc

13 this Agreement. The duty of Consultant and its sureties to indemnify and hold harmless as set forth above, shall include the duty to defend as set forth in Section 2778 of the California Civil Code, provided, however, that nothing herein shall be construed to require the Consultant to indemnify the City, its subsidiary districts, its officers, agents or employees against any responsibility for liability in contravention of Section 2782 of the California Civil Code. To the extent there is an obligation to indemnify under this Section, Consultant shall be responsible for incidental and consequential damages resulting directly or indirectly, in whole or in part, from Consultant s negligence, recklessness, or willful misconduct. Consultant and its sureties expressly and specifically agree to waive any and all subrogation rights it may have against the City, its subsidiary districts, officers or employees. Indemnification and waiver of subrogation contained in this section shall remain operative and in full force and effect regardless of any termination of this Agreement. SECTION 14 - INSURANCE CONSULTANT shall procure and maintain for the duration of the contract and three years thereafter (five years for building or major improvements) insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONSULTANT, his agents, representatives, employees or subcontractors. MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG covering CGL on an occurrence basis, including products-completed operations, personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: ISO Form Number CA covering any auto (Code 1), or if CONSULTANT has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers Compensation: as required by the State of California, with Statutory Limits, and Employer s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Professional Liability (Errors and Omissions): Insurance appropriate to the CONSULTANT s profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate -4- G:\Projects\Traffic\Central Signal System\!MASTER professional serv agreement alt short form to be used only with CAO approval.doc

14 If the CONSULTANT maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the CONSULTANT. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The City, its elected and appointed officials, employees, and agents are to be covered as insureds on the auto policy for liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the CONSULTANT; and on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the CONSULTANT including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the CONSULTANT s insurance (at least as broad as ISO Form CG 20 10, or both CG and CG forms if later revisions used). Primary Coverage For any claims related to this contract, the CONSULTANT s insurance coverage shall be primary insurance as respects the City, its elected and appointed officials, employees, and agents. Any insurance or self-insurance maintained by the City, its elected and appointed officials, employees, or agents shall be excess of the CONSULTANT s insurance and shall not contribute with it. Notice of Cancellation Each insurance policy required above shall provide that coverage shall not be canceled, except after thirty (30) days prior written notice (10 days for non-payment) has been given to the City. Waiver of Subrogation CONSULTANT hereby grants to City a waiver of any right to subrogation which any insurer of said CONSULTANT may acquire against the City by virtue of the payment of any loss under such insurance. CONSULTANT agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the CONSULTANT to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best s rating of no less than A:VII, unless otherwise acceptable to the City. -5- G:\Projects\Traffic\Central Signal System\!MASTER professional serv agreement alt short form to be used only with CAO approval.doc

15 Claims Made Policies (note should be applicable only to professional liability, see below) If any of the required policies provide claims-made coverage: 1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the CONSULTANT must purchase extended reporting coverage for a minimum of five (5) years after completion of work. Verification of Coverage CONSULTANT shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the CONSULTANT s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. SECTION 15 - NONASSIGNABILITY Both parties hereto recognize that this Agreement is for the personal services of CONSULTANT and cannot be transferred, assigned, or subcontracted by CONSULTANT without the prior written consent of CITY. SECTION 16 - RELIANCE UPON PROFESSIONAL SKILL OF CONSULTANT It is mutually understood and agreed by and between the parties hereto that CONSULTANT is skilled in the professional calling necessary to perform the work agreed to be done under this Agreement and that CITY relies upon the skill of CONSULTANT to do and perform the work in the most skillful manner, and CONSULTANT agrees to thus perform the work. The acceptance of CONSULTANT's work by CITY does not operate as a release of CONSULTANT from said obligation. SECTION 17 - WAIVERS The waiver by either party of any breach or violation of any term, covenant, or condition of this Agreement or of any provisions of any ordinance or law shall not be deemed to be a waiver of such term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not -6- G:\Projects\Traffic\Central Signal System\!MASTER professional serv agreement alt short form to be used only with CAO approval.doc

16 be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this Agreement or of any applicable law or ordinance. SECTION 18 SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. SECTION 19 - COSTS AND ATTORNEY FEES Attorney fees in total amount not exceeding $5000, shall be recoverable as costs (by the filing of a cost bill) by the prevailing party in any action or actions to enforce the provisions of this Agreement. The above $5000 limit is the total of attorney fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals, or actions. It is the intent of this Agreement that neither party shall have to pay the other more than $5000 for attorney fees arising out of an action, or actions to enforce the provisions of this Agreement. SECTION 20 - NON-DISCRIMINATION CONSULTANT warrants that it is an Equal Opportunity Employer and shall comply with applicable regulations governing equal employment opportunity. Neither CONSULTANT nor any of its subconsultants shall discriminate in the employment of any person because of race, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, or age, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment and Housing Act. SECTION 21 - MEDIATION Should any dispute arise out of this Agreement, any party may request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the State Mediation and Conciliation Service, or other agreed-upon service. The mediator shall be selected by a blind draw. The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties. SECTION 22 - LITIGATION CONSULTANT shall testify at CITY'S request if litigation is brought against CITY in -7- G:\Projects\Traffic\Central Signal System\!MASTER professional serv agreement alt short form to be used only with CAO approval.doc

17 connection with CONSULTANT'S services under this Agreement. Unless the action is brought by CONSULTANT, or is based upon CONSULTANT'S wrongdoing, CITY shall compensate CONSULTANT for preparation for testimony, testimony, and travel at CONSULTANT'S standard hourly rates at the time of actual testimony. SECTION 23 - NOTICES All notices hereunder shall be given in writing and mailed, postage prepaid, addressed as follows: To CITY: To CONSULTANT: CONTACT NAME CONSULTANT FIRM NAME ADDRESS SECTION 24 - AGREEMENT CONTAINS ALL UNDERSTANDINGS; AMENDMENT This document represents the entire and integrated agreement between CITY and CONSULTANT and supersedes all prior negotiations, representations, and agreements, either written or oral. This document may be amended only by written instrument, signed by both CITY and CONSULTANT. SECTION 25 AUTHORITY TO ENTER INTO AGREEMENT CONSULTANT has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. SECTION 26 - GOVERNING LAW AND VENUE This Agreement shall be governed by the laws of the State of California and, in the event of -8- G:\Projects\Traffic\Central Signal System\!MASTER professional serv agreement alt short form to be used only with CAO approval.doc

18 litigation, venue will be in the County of San Mateo. IN WITNESS WHEREOF, CITY and CONSULTANT have executed this Agreement the day and year first above written. CITY OF DALY CITY CONSULTANT CONSULTANT FIRM NAME (Print/Type Name and Title Its Authorized Agent) Rose Zimmerman City Attorney K. Annette Hipona City Clerk -9- G:\Projects\Traffic\Central Signal System\!MASTER professional serv agreement alt short form to be used only with CAO approval.doc

19 APPENDIX B Systemic Safety Analysis Report Program Guidelines Section 6: Reporting Requirements

20 Section 6: Reporting Requirements Systemic Safety Analysis Report Program (SSARP) Guidelines (February 2016) To be eligible for final reimbursement, the SSAR must identify and prioritize future safety projects. If no safety projects are identified, reasons must be documented within the SSAR. The following sections and discussions must also be included in the final report. 6.1 EXECUTIVE SUMMARY This section should include the applicant s objectives and focus for the SSAR and a brief summary of the major results. Include discussion on what methodologies were used to limit the data analysis and studies to stay within the funding limits. Other high-level discussions may include crash trends, corridors identified, countermeasures considered, conceptual projects identified, benefit-cost ratios for the projects, etc. 6.2 ENGINEER S SEAL Chapter 7; Article 3; Section 6735 of the Professional Engineer's Act of the State of California requires engineering calculation(s) or report(s) be either prepared by or under the responsible charge of a licensed civil engineer. Analysis must be completed under this provision and the SSAR must be signed by the local agency transportation manager and signed/stamped by a licensed civil engineer. The engineer s signature must be accompanied by a statement similar to the following: By signing and stamping this Systemic Safety Analysis Report, the engineer is attesting to this report's technical information and engineering data upon which local agency's recommendations, conclusions, and decisions are made. 6.3 STATEMENT OF PROTECTION OF DATA FROM DISCOVERY AND ADMISSIONS It is recommended that applicants include the following language in the SSAR which is from Section 148 of Title 23, United States Code [23 U.S.C. 148(h) (4)] about reports prepared under State s Strategic Highway Safety Plan and HSIP: REPORTS DISCOVERY AND ADMISSION INTO EVIDENCE OF CERTAIN REPORTS, SURVEYS, AND INFORMATION Notwithstanding any other provision of law, reports, surveys, schedules, lists, or data compiled or collected for any purpose relating to this section, shall not be subject to discovery or admitted into evidence in a Federal or State court proceeding or considered for other purposes in any action for damages arising from any occurrence at a location identified or addressed in the reports, surveys, schedules, lists, or other data.

21 6.4 SAFETY DATA UTILIZED (CRASH, VOLUME, ROADWAY) Applicants are required to analyze at least three (3) years of the most current crash data. Crash data from their own crash database, the California I-SWITRS database, or UC Berkeley Transportation Injury Mapping (TIMS) are recommended. Applicants should consider the guidance in Section 2 of the Local Roadway Safety Manual (LRSM) to complete this section of the SSAR. 6.5 DATA ANALYSIS TECHNIQUES AND RESULTS Crash trends and crash concentrations should be analyzed based on overall numbers, identifying the leading causes of fatalities and severe injuries. In addition, applicants are encouraged to identify crashes on a rate basis and compare the results of numbers vs. rates. Applicants are not expected to analyze all of the individual crashes, crash locations, and/or crash types. The following are examples of how local agencies can focus the scope of the SSAR: Counties with a large percentage of High Risk Rural Road (HR3) eligible roadways may choose to focus on identifying and prioritizing future HR3 eligible safety projects. Cities and counties with primarily urban roadways may choose to identify and prioritize future urban Highway Safety Improvement Program projects for motorized and/or non-motorized users. Cities and counties with a wide mixture of roadways may choose to focus on only rural or urban roadways or a mix of roadway and user types at a limited number of locations. Applicants should consider the guidance in Section 3 of the LRSM to complete this section of the SSAR. 6.6 HIGHEST OCCURRING CRASH TYPES Applicants can focus on their top 3 to 10 crash types responsible for the fatalities and severe injuries occurring on their roadway network. If an applicant chooses to focus on specific high-risk corridors and intersections, they are still expected to briefly review and discuss their top crash types occurring on the overall network. Applicants should consider the guidance in Section 3 of the LRSM to complete this portion of the SSAR.

22 6.7 HIGH-RISK CORRIDORS AND INTERSECTIONS (CRASH HISTORY AND ROADWAY CHARACTERISTICS) Applicants can choose to focus on their top 3 to 10 high-risk corridors and top 5 to 20 intersections responsible for fatalities and severe injuries occurring on their roadway network. If an applicant chooses to focus on specific crash types, they are still expected to briefly review and discuss their high-risk corridors and intersections on the overall network. Applicants should consider the guidance in Section 3 of the LRSM to complete this portion of the SSAR. 6.8 COUNTERMEASURES IDENTIFIED TO ADDRESS THE SAFETY ISSUES Applicants are required to use crash reduction factors provided in the LRSM to identify potential low-cost systemic countermeasures that mitigate the local agencies primary crash type trends. In addition, applicants should use their crash concentrations (system-wide, corridors, and spot locations) to identify the countermeasures with a high likelihood of addressing the crashes that are appropriate for the characteristics of the roadway. Applicants should consider the guidance in Section 4 of the LRSM to complete this section of the SSAR. 6.9 VIABLE PROJECT SCOPES AND PRIORITIZED LIST OF SAFETY PROJECTS Once the crash areas, trends, and corresponding systemic countermeasures have been identified, local agencies need to create preliminary safety project scopes. It is recommended that the applicant focus on finding the ideal balance between collision analyses on a systemic basis while also addressing high-crash locations. For the lowest cost improvements, like signing and striping, it may be an appropriate goal to have the entire roadway network eventually upgraded to a minimum level. In contrast, the costlier systemic countermeasures may only be feasible to install at higher crash locations/characteristics on a corridor-by-corridor basis. Estimating totalproject costs and calculating Benefit/Cost (B/C) ratio are the next steps in prioritizing the list of safety projects. Cost estimates may be based on individual construction items or lump sum project costs per mile or per location. For calculating the B/C ratio of a project, the TIMS B/C Calculation Tool from the University of California, Berkeley Safe Transportation Research and Education Center website should be used. This tool relies on existing crashes to calculate a project s expected benefit.

23 Applicants should consider the guidance in Section 5 of the LRSM to complete this section of the SSAR ATTACHMENTS AND SUPPORTING DOCUMENTATION Attach and reference supporting documents as appropriate to meet their long-term intended use for the report.