Rural Highways Safety Plan (RHSP)

Page 1 Santa Cruz County Regional Transportation Commission RFP2188: Rural Highway Safety Plan Santa Cruz County Regional Transportation Commission --NOTICE-- Request for Proposals (RFP) for Professional Services Rural Highway Safety Plan The Santa Cruz County Regional Transportation Commission (RTC) invites interested parties to submit a proposal to provide consulting services for RTC staff, the Commission, and committees. Issue Date: January 29, 2024 Deadline to Submit Questions: February 16, 2024, at 12:00 PM Closing Date: February 28, 2024, at 2:00 PM Interested parties must deliver one (1) electronic PDF version of the proposal by the closing date. Proposals relating to this RFP shall be submitted to: Santa Cruz County Regional Transportation Commission Subject: RFP2188 Attention: Brianna Goodman, Transportation Planner Mail: 1101 Pacific Avenue, Suite 250, Santa Cruz, CA 95060 Electronic: bgoodman@sccrtc.org Phone:

831-460-3200 This notice, along with its enclosures, comprises the Request for Proposals (RFP) for this project. Responses should be submitted in accordance with the instructions set forth in this RFP. Email inquiries relating to this RFP should include “Rural Highway Safety Plan RFP 2188” in the subject header. The RTC reserves the right to amend the RFP by addendum before the final proposal submittal date. This RFP and addenda will be available at: http://www.sccrtc.org/about/opportunities/rfp/. mailto:bgoodman@sccrtc.org https://sccrtc.org/wp-content/uploads/2022/08/Form-2-Exceptions-to-the-Contract.pdf Page 2 Santa Cruz County Regional Transportation Commission RFP2188: Rural Highway Safety Plan SANTA CRUZ COUNTY REGIONAL TRANSPORTATION COMMISSION 1101 PACIFIC AVENUE, SUITE 250, SANTA CRUZ, CA 95060 DATE: January 29, 2024 TO: Interested Consultants FROM: Brianna Goodman, Transportation Planner SUBJECT: Request for Proposals (RFP) 2188 for Professional Services for Rural Highway Safety Plan INVITATION The Santa Cruz County Regional Transportation Commission (RTC) invites qualified and experienced consultants to submit a proposal for professional services to prepare a safety analysis and planning document to function as both a Local Roadway Safety Plan and a Safe Streets For All (SS4A) Action Plan for conventional highways outside of city limits within Santa Cruz County, including State Routes 1, 9, 35, 129, 152, and 236, with a Cost Proposal that includes an estimate of hours and costs per task including other direct costs (ODCs) to complete the project. Please submit one (1) digital copy of your Proposal. The proposal shall not exceed fifteen (15) pages, not including cover letter, attachments of resumes, or detailed scope of services. REQUEST FOR PROPOSALS The Request for Proposals (RFP) is available on the RTC website: www.sccrtc.org/about/opportunities/rfp/ and at the RTC office. RESPONSE DUE DATE Proposals are due in the Santa Cruz County Regional Transportation Commission (RTC) office by 2:00 PM on February 28, 2024. Any proposals received after the date and time specified above will not be considered. RFP Responses shall be considered firm offers to enter into a contract, as described in this RFP for a period of ninety (90) days from the time of submittal. https://dot.ca.gov/-/media/dot-media/programs/local-assistance/documents/lapm/c10/10qw.docx Page 3 Santa Cruz County Regional Transportation Commission RFP2188: Rural Highway Safety Plan PROCUREMENT SCHEDULE Task Start End RFP Publication 1/29/2024 Pre-proposal meeting via Zoom, 2pm 2/12/2024 Deadline to submit requests for clarification 2/16/2024 Publish answers to requests, RFP addendums if any 2/21/2024 Deadline to submit proposals 2/28/2024 Interview Short Listed Consultants 3/13/2024 - 3/14/2024 Select Consultant 3/15/2024 Board Approves Contract Award 4/4/2024 CONTACT Responses and inquiries relating to this RFP shall be submitted electronically to: Santa Cruz County Regional Transportation Commission Attn: Brianna Goodman, Transportation Planner 1101 Pacific Avenue, Suite 250, Santa Cruz, CA 95060 831-460-3200 / Email: bgoodman@sccrtc.org Email inquiries relating to this Request for Proposals should include “Rural Highway Safety Plan RFP 2188” in the subject header. mailto:bgoodman@sccrtc.org Page 4 Santa Cruz County Regional Transportation Commission RFP2188: Rural Highway Safety Plan Request for Proposals: Project Description The Santa Cruz County Rural Highway Safety Action Plan (RHSP) seeks to enhance safety for all users of the County’s six conventional highways: specifically, Highway 1 north of the City of Santa Cruz city limits, Highway 9, Highway 236, Highway 35, and Highways 129 and 152 outside the City of Watsonville city limits, which collectively function as main streets, intercommunity connectors, and rural highways. This RHSP plan will be developed through collaboration with Caltrans District 5, the Santa Cruz County Community Traffic Safety Coalition, County of Santa Cruz, Santa Cruz Metropolitan Transit District (METRO), San Lorenzo Valley Unified School District (SLVUSD), Pajaro Valley Unified School District (PVUSD), UC Santa Cruz, first responders, local stakeholders such as community-based business associations, neighborhood associations, and residents of the community. The objective is to identify locations of patterns of crashes to generate and prioritize a suite of implementable countermeasures, to create a roadmap to Vision Zero. The intent is to achieve zero traffic deaths and serious injuries by 2045 with projects and strategies implemented through close partnerships with Caltrans. The selected consultant will perform a comprehensive data-driven analysis to identify crash locations, severity, factors, and types of crashes that include pedestrians, cyclists, and motorists, as well as conduct a literature review and transportation inventory. The data collected will be used to identify transportation needs and a transportation strategy development. The transportation strategy development will include identifying strategies to address transportation needs, evaluation of strategies, and an implementation plan. The RHSP will be developed through a collaborative and comprehensive framework to address the safety issues along the identified highways with stakeholder and public engagement. Once stakeholders are identified, public meetings and workshops will take place to inform a final summary detailing public outreach activities. The consultant will prepare a draft RHSP report and finalize upon receiving comments from Caltrans, the RTC, stakeholders, and the public. The final RHSP report must provide a federally acceptable document for defined projects to compete and meet the requirements for Highway Safety Improvement Program (HSIP) and Safe Streets for All (SS4A) funding. The final report will be presented to the RTC for input and approval. Page 5 Santa Cruz County Regional Transportation Commission RFP2188: Rural Highway Safety Plan Background Information These six rural state routes (Highways 1, 9, 35, 129, 152, and 236) present a range of challenges and concerns for all roadway users. Generally these state routes are narrow, winding roads with limited to no shoulder space, limited sight distances, moderate to heavy truck traffic, chronic speeding concerns, little to no separated infrastructure for pedestrians, cyclists, or transit users, and include no supplemental traffic calming features. There are a variety of destinations along these state routes (SRs) such as schools, medical facilities, local stores, fairgrounds, parks, bus stops, and others which need to be accessed by members of the community who may not drive such as youth, seniors, and other transit-dependent residents. By understanding the crash patterns and prioritizing the appropriate improvements, Caltrans and RTC can work to enhance safety on this integral highway network. Empirical data corroborates this need: fatal and severe crash rates for cyclists and pedestrians are significantly higher on these SRs compared to other unincorporated roadways in Santa Cruz County. Between 2011 and 2021, 10% of all bike/ped crashes were fatal and 32% were severe injury, while in other unincorporated areas, the crash fatality rate was lower at 4%, and 23% severe injury. These six routes were built during a time with significantly lower population density. However, the increase in population, freight movement, and interregional commuting in the project area means that the current infrastructure no longer meets demands. Updating and adapting these rural SRs will lead to enhanced safety, economic vitality, and increased geographic equity for underserved communities. The RHSP will evaluate safety along the segments that serve as main streets for towns along SRs 1, 9, and 152. The analysis will review segments of SR9 where it serves as commercial corridor, evacuation route and main street/intercommunity connector for the four rural towns in the San Lorenzo Valley. The combination of sharp curves, mountainous terrain, and mature redwood trees next to the roadway means that rates of hit object and run off road crash types are high. SR9 in Boulder Creek alone sees more than double the collision and traffic injury rates and over four times the fatality rate of similar facilities in California. SR1 serves as a main street for Davenport, where in 2020 there were 22 collisions, including 1 pedestrian fatality and 12 injuries including pedestrians and cyclists. In the 5-year period from 2015-2020 there were 138 crashes (7 Page 6 Santa Cruz County Regional Transportation Commission RFP2188: Rural Highway Safety Plan fatalities and 88 injuries) of which 2 were pedestrian fatalities, 2 pedestrian injuries, and 18 bicycle injuries. The RHSP will also include SR 35, referred to as “Skyline Boulevard” and SR 236, “Big Basin Highway,” which are winding roads that see high volumes of both recreational bicycling and high speed recreational driving. The RHSP corridors are also used by farmworkers and freight. As mentioned above SR9 serves as the main route to transport goods and services as an inter- community connector for the San Lorenzo Valley. SR1 also serves as a freight corridor, and is crucial to connecting the northern agricultural areas to broader freight networks, and as an inter-community connector for those living in Davenport and north of Santa Cruz. This includes low-income farmworkers that may not own their own vehicles and have access to very limited bus service. SR 129 and 152 serve as main streets for south county communities, including the community of Interlaken, and do not currently have any complete streets or traffic calming features. Farmworkers and their families who live and work in the Watsonville region may rely on active transportation or limited public transit to travel. SR 129 is the main connector for travelers and freight navigating between SR1 and US 101. Striking the balance between freight and auto safety needs and those of pedestrians and cyclists will be a key factor for the prioritization of improvement options. Minimum Qualifications The selected consultant can be a firm or firms who must demonstrate to the RTC selection committee the following professional qualifications: • The Respondent shall be a Transportation planning or data analysis consulting firm with highway and structure design experience. The firm should demonstrate the ability to deliver the project within a limited timeframe. • The Respondent shall be familiar with preparing federal Local Roadway Safety Plans and Safe Streets for All Action Plans • The Respondent shall be familiar with Caltrans requirements, policies, procedures, manuals, and standards including compliance with the Federal Highway Administration (FHWA) requirements. The RTC reserves the right to investigate the qualifications of all firms and persons under consideration, to include reference checks to confirm any part of the information furnished by a Consultant. Page 7 Santa Cruz County Regional Transportation Commission RFP2188: Rural Highway Safety Plan General Information RFP Definitions: Throughout this RFP, the following definitions will be used: – “Agreement” means a written agreement executed between the RTC and a selected respondent. – “Consultant” or “Contractor” means the firm, team, or person qualified to provide services described in this RFP. – “Respondent” means an individual, joint venture, or a company that submits, or intends to submit, a Proposal in response to this RFP. – “RFP” or “Request for Proposals” means the process described in this document. – “RFP Response” and “Proposal” mean all documents submitted by a respondent in reply to this RFP request. – “RTC Contract Manager”, “RTC Project Manager”, or “Contract Administrator” means the lead RTC staff assigned to oversee work of the consultant selected to implement this project. – “RTC website” means the website maintained by the Santa Cruz County Regional Transportation Commission (RTC) at www.sccrtc.org. Inquiries: Inquiries will be accepted by email. All inquiries related to this RFP should be directed to: Brianna Goodman, Project Manager 1101 Pacific Avenue, Suite 250, Santa Cruz, CA 95060 Email: bgoodman@sccrtc.org Information obtained from other sources is not official and should not be relied upon for completion of the RFP. Inquiries and answers may be documented and available on the RTC website to all potential respondents at the RTC’s option. Pre-Proposal Meeting: A pre-proposal meeting will be held on February 12, 2024, 2:00 - 3:00pm via videoconference over ZOOM: https://us02web.zoom.us/j/86249259988?pwd=cVpaUXpMZmxFbGJLQzVMa2FI UVNrQT09 Meeting ID: 862 4925 9988 Passcode: 002571 There will be opportunities for questions and answers, but time may be limited by scheduling constraints. Interested parties are encouraged to submit questions or requests for clarification by email in advance of the meeting to mailto:info@sccrtc.org mailto:bgoodman@sccrtc.org https://us02web.zoom.us/j/86249259988?pwd=cVpaUXpMZmxFbGJLQzVMa2FIUVNrQT09 https://us02web.zoom.us/j/86249259988?pwd=cVpaUXpMZmxFbGJLQzVMa2FIUVNrQT09 Page 8 Santa Cruz County Regional Transportation Commission RFP2188: Rural Highway Safety Plan bgoodman@sccrtc.org.Responses to questions raised at the Pre-Proposal Meeting will be posted on the RTC website (see below). Questions, Requests for Clarification and Additional Information on the RFP: The RFP and any subsequent information regarding this RFP, including changes made to this document and questions/responses on this RFP, will be posted on the RTC’s website: http://www.sccrtc.org/about/opportunities/rfp/. It is the sole responsibility of the respondent to check the website for addenda to the RFP documents. Any questions, requests for clarification or exceptions to RFP requirements must be received by RTC no later than 12:00PM on February 16, 2024 to guarantee a response. Email questions or requests for clarification to: bgoodman@sccrtc.org. Responses to questions concerning this RFP posed before this deadline will be posted on the RTC website: http://www.sccrtc.org/about/opportunities/rfp/ Closing Date for RFP Responses: By 2:00PM on February 28, 2024, the RTC must receive one (1) electronic copy to the e-mail address listed on the cover of this RFP. Proposal materials received after this time will not be considered. Addenda to RFP: The RTC reserves the right to amend this RFP at any time up until the due date. Any amendments to or interpretations of the RFP shall be described in written addenda posted on the RTC website. All addenda issued shall become part of the RFP. If the RTC determines that the addenda may require significant changes in the preparation of proposals, the deadline for submitting the proposals may be postponed by the number of days that the RTC determines will allow Proposers sufficient time to revise their proposals. Any new due date shall be included in the addenda. Scope of Services, Budget and Schedule A high-level scope of services detailing the anticipated primary tasks associated with this consulting effort is included in this RFP as Attachment A. Consultant submissions are expected to include a proposed detailed scope of services as an attachment to the proposal, consistent with the proposer’s Work Plan, understanding and approach. Work under this contract is expected to begin on May 1, 2024, and to end by no later than February 28, 2026. RTC will review all proposals that meet the project objectives. RTC may negotiate with Consultant a modify the scope of work as it may deem appropriate. The contract payment terms may be actual cost-plus-fixed fee or firm fixed price with payment made based on receipt and acceptance of satisfactory deliverables. mailto:bgoodman@sccrtc.org http://www.sccrtc.org/about/opportunities/rfp/) mailto:bgoodman@sccrtc.org http://www.sccrtc.org/about/opportunities/rfp/ Page 9 Santa Cruz County Regional Transportation Commission RFP2188: Rural Highway Safety Plan Proposers shall recommend a schedule to complete the full scope of work as part of their proposal. Proposal Format In order to simplify the review process and to facilitate comparative analysis, the proposal shall be organized in the following manner. Proposal content and completeness are most important; however, effort should be made to produce a complete, competitive, and qualifying response that is also concise. Proposers are encouraged to submit proposals that do not exceed 15 pages, not including attachments of resumes, detailed scope of services, project schedule, and cover letter. The RTC, at its option, may require a Proposer to provide additional information and/or clarify requested information. The screening of proposals will determine which Proposers will be invited to an interview, if necessary. The following information must be included in the Proposal submitted in response to this RFP: 1. Signed Transmittal Letter: Proposals must include a maximum 2- page transmittal letter indicating the name of the organization submitting the proposal; whether the proposing entity is an individual, partnership, corporation, company, or joint venture; the name, telephone number, email, and business address of the contact person who will be authorized to respond to questions regarding the Proposal; and the name of the individual authorized to negotiate the contract on behalf of the consulting entity. The transmittal letter should refer to this RFP by title and date, include statement of California licensing (if applicable), and be signed by a person authorized on behalf of the consulting firm to solicit business for the firm. 2. Profile of the Firm: This section shall include a brief description of the firm’s size as well as the local organizational structure. Additionally, this section shall include a listing of any lawsuit or litigation and the result of that action resulting from (a) any public project undertaken by the Respondent or by its subcontractors where litigation is still pending or has occurred within the last five years or (b) any type of project where claims or settlements were paid by the Respondent or its insurers within the last five years. 3. Firm Qualifications: This section shall provide a brief description of the Respondent’s qualifications and previous experience on similar projects. Description of project experience shall include a summary of the work performed, total project capital cost, percentage of the work the firm was responsible for, period over which the work was Page 10 Santa Cruz County Regional Transportation Commission RFP2188: Rural Highway Safety Plan completed, and the name, title, email, and phone number of the clients to be contacted for references. A minimum of 3 recent and relevant projects and client references shall be included for the Project Manager and each of the Key Personnel. At least one reference shall be provided for each recent and relevant project. 4. Project Staffing: This section shall discuss how the Respondent would staff this project. Respondent team members shall be identified by name, location, specific responsibilities, and estimated person-hours of participation. An organizational chart shall be included identifying “Key Personnel” who are members of the project team that may not be changed once the proposal is submitted without prior approval of the RTC Contract Manager. The organizational chart shall identify any Disadvantaged Business Enterprises (DBE) firms and certification number. The Project Manager and Key Personnel relevant experience will be an important factor considered by the RTC Review Committee. 5. Technical Approach/Work Plan: This section of the proposal shall establish the Respondent’s understanding of RTC’s objectives and work requirements and Respondent’s ability to satisfy those objectives and requirements. Succinctly describe the proposed approach for addressing the required work, outlining the activities that would be undertaken in completing the various tasks and specifying who would perform them. This information should be provided as part of the main proposal showing only the estimated hours allocated to complete each subtask as specified in the Scope of Services, a schedule for completing the work, and the percentage of the work performed by DBE firms. A sample Work Plan is included as Attachment B. The Respondent may also suggest technical or procedural innovations that have been used successfully on other projects that may facilitate the completion of this project. Consideration of practical, outside the box thinking is encouraged. 6. Management Approach: Describe how the Proposer intends to provide and manage the resources necessary to deliver this public project in accordance with the project budget and schedule. Indicate how the firm will apply its management techniques and resources to achieve project delivery goals and provide quality control. Include information on how the firm will manage costs, schedule delays, and subconsultant deliverables. Also describe your current workload, staff availability, and include information on the firm’s approach to managing projects of several different clients at once. 7. Cost Proposal: Include a cost proposal that outlines the hours and budget for each task and related deliverables as outlined in the proposer’s Scope of Services. The cost proposal shall include all costs to the RTC, including all labor, profit (not to exceed 10%), administrative and Page 11 Santa Cruz County Regional Transportation Commission RFP2188: Rural Highway Safety Plan overhead fees and other direct costs broken down by tasks/subtask and personnel by title. The cost proposal shall show costs of the prime consultant and all subconsultants, identifying which subconsultants are DBE. Mark-ups for subconsultants are not allowed. Reimbursable costs shall not exceed the CalHR rates for State employees: https://www.calhr.ca.gov/employees/pages/travel-reimbursements.aspx. 8. Required Forms: Proposal must include the following completed forms: a. Form 1 California Levine Act Statement b. Form 2 Exceptions to the Agreement c. Bidder/Proposer DBE Good Faith Efforts Documentation (ADM-0312F) d. Consultant Proposal DBE form (Local Assistance Procedures Manual, Exhibit 10-O1.) e. Disclosure of Lobbying Activities (Local Assistance Procedures Manual, Exhibit 10-Q) f. Certification of Indirect Costs and Financial Management System g. Cost Proposal 1. Contracts with Cost-Plus-Fixed Fee or Lump Sum Form. Method and Criteria for Selection RFP Response Review and Selection: An evaluation committee consisting of RTC staff and other individuals that the RTC deems appropriate will review each Proposal for completeness and content. The evaluation committee will analyze responses based on the needs described in this Request for Proposals (RFP) and the Scope of Services, including relevant experience of the consultant with federal- and state-funded projects. The evaluation committee will review and rank the Proposals and conduct interviews. Responsive proposals will be evaluated as follows: • Project Understanding/Work Plan (up to 30 points) Understanding of the RFP objectives, project needs, and percentages of hours allocated to the major tasks included in Attachment A Scope of Services that demonstrates the respondent’s overall understanding of the project requirements. • Project Manager’s Relevant Experience (up to 15 points) Relevant experience includes experience working with Caltrans District 5, conducting safety analysis and developing countermeasures for highway, local roadway, and bicycle/pedestrian facilities, understanding of local context, and ability to manage the schedule and budget in a dynamic https://ig.dot.ca.gov/-/media/ig-media/documents/fdr/ig_certification_indirect_costs_financial_management_system_v2.pdf https://sccrtc.org/wp-content/uploads/2022/08/Form-1-California-Levine-Act-Statement.pdf http://www.sccrtc.org/about/opportunities/rfp/ https://forms.dot.ca.gov/v2Forms/servlet/FormRenderer?frmid=ADM0312F https://forms.dot.ca.gov/v2Forms/servlet/FormRenderer?frmid=ADM0312F https://dot.ca.gov/-/media/dot-media/programs/local-assistance/documents/lapm/c10/10o1.pdf https://dot.ca.gov/-/media/dot-media/programs/local-assistance/documents/lapm/c10/10q.pdf https://ig.dot.ca.gov/-/media/ig-media/documents/fdr/ig_certification_indirect_costs_financial_management_system_v2.pdf https://dot.ca.gov/-/media/dot-media/programs/local-assistance/documents/ae/files/sample-cost-proposal-1-for-contracts-with-cost-plus-fixed-fee-or-lump-sum.pdf Page 12 Santa Cruz County Regional Transportation Commission RFP2188: Rural Highway Safety Plan environment. Information regarding the Project Manager’s availability to take on this project shall be provided in the proposal. • Key Staff’s Relevant Experience (up to 15 points) Relevant Experience includes experience working with Caltrans District 5, conducting safety analysis and developing countermeasures for highway, local roadway, and bicycle/pedestrian facilities, and understanding of local context. Information regarding the firms and individual Key Staff’s availability to take on this project shall be provided in the proposal. • Expertise/Technical Approach to the Project (up to 30 points) Specialized experience with similar kinds of work, including experience creating Local Roadway Safety Plan and Safe Streets for All Action Plan documents, capability to explore and develop innovative or advanced techniques and methods, experience in facilitating projects with many stakeholders, past record of performance on contracts with RTC and other public agencies such as control of costs, quality of work, and ability to meet schedules. Clarity, structure, and readability of the proposal and all submitted materials. Ability to communicate and present information clearly. • Disadvantaged Business Enterprise (up to 5 points) Proposing consultant satisfactorily meets DBE goal via “Consultant Proposal DBE Commitment” (LAPM Exhibit 10-O1). Partial points given for completion of Good Faith Effort documentation (form ADM-0312F). • Cost Proposal (up to 5 points) Appropriateness and clarity of the cost proposal and hours and budget calculations per task. Appropriateness of allocation of non-labor resources. Cost effectiveness and best value, including hours and appropriateness of personnel assigned to each task; hourly rates; reasonableness of task budget including value-added services. Any proposal that the evaluation committee determines does not include enough information to permit the evaluators to rate the proposal in any one of the listed evaluation criteria will be considered non-responsive and may not be further evaluated. A proposal that fails to include one or more items requested above under “Proposal Format” may be considered complete and generally responsive, if evaluation in every criterion area is possible. Interview Review and Selection: Following review of Proposals, the evaluation committee may conduct interviews with respondents or develop a short list of consultants to interview in order to make a final selection leading to negotiations for a contract for professional services. It is expected that key staff proposed to work on the project will attend interviews conducted as part of the selection process. The consultant scores for each of the evaluation criteria will be updated by the committee Page 13 Santa Cruz County Regional Transportation Commission RFP2188: Rural Highway Safety Plan based on the interviews. The consultant with the highest overall score from the evaluation committee will be recommended for contract award. Authority to Commit RTC: Based on the findings of the evaluation committee, the RTC Contract Manager and the Executive Director of the RTC may recommend to the RTC Commission that one or more consultants be selected to perform the work. The contract will be awarded to the firm that presents the Proposal that in the opinion of the RTC Commission is the most advantageous to the RTC, based on the evaluation criteria. Upon approval by the RTC Commission, the Executive Director will be authorized to enter into an agreement with the selected consultant. The RTC may accept or reject any and all proposals and waive any and all formalities and irregularities at any stage of the evaluation as it may deem to be in the best interest of the RTC. Selection Disputes Respondents not selected for interview or contract award will be informed by mail and/or email. Upon request, the RTC will offer a debriefing to respondents who were not selected, at a mutually agreeable time after award of the contract. A proposer may object to a provision of the RFP on the grounds that it is arbitrary, biased, or unduly restrictive, or may object to the selection of a particular consultant on the grounds that RTC procedures, the provisions of the RFP or applicable provisions of federal, state, or local law have been violated or inaccurately or inappropriately applied. Any objection must be submitted in writing to the RTC Contract Manager and must include an explanation of the basis for the objection: 1. No later than 4:00 pm on the fifth business day prior to the date proposals are due, for objections to RFP provisions; or 2. No later than 4:00 pm on the fifth business day after the date the proposer is notified that its Proposal was found to be non-responsive or did not meet the minimum qualifications; or 3. No later than 4:00 pm on the fifth business day after the date on which a proposer is notified that it was not recommended for selection, or that another proposer is recommended for selection for objections to consultant selection. Except with regard to initial determinations of non-responsiveness, the evaluation record shall remain confidential until the RTC authorizes the award. Page 14 Santa Cruz County Regional Transportation Commission RFP2188: Rural Highway Safety Plan Protests of recommended awards must clearly and specifically describe the basis for the protest in sufficient detail. The RTC Contract Manager will respond to the objection in writing within thirty days. No contract to a consultant shall be executed until the expiration of the objection period or, if an objection is filed, the issuance of a written response to the protest by the RTC Contract Manager. The proposer may appeal the decision of the RTC Contract Manager by filing a written appeal with the RTC Executive Director, no less than three (3) working days after receipt of the written response from the RTC Contract Manager. The Executive Director’s decision will be final. Consultant Selection Timetable The RTC intends to adhere to the following timeline, but it is subject to change at the discretion of the RTC. All times shown are in Pacific Time. Request for Proposals • RTC Issues Notice of RFP: January 29, 2024 Consultant Proposals • Pre-Proposal Meeting: February 12, 2024, 2:00PM via ZOOM: https://us02web.zoom.us/j/86249259988?pwd=cVpaUXpMZmxFbGJL QzVMa2FIUVNrQT09 Meeting ID: 862 4925 9988 Passcode: 002571 • Questions, Requests for Clarification or Questions Due: February 16, 2024 at 12:00PM – send questions to: bgoodman@sccrtc.org as described in Questions, Requests for Clarification and Additional Information on the RFP section above. • Responses to questions, addenda and any other clarification materials posted on the RTC website: February 21, 2024 • Proposals Due: February 28, 2024, AT 2:00PM • Interviews: March 13-14, 2024 • Final ranking of consultants: March 15, 2024 Consultant Contract • RTC Board Authorizes Entering into Contract: April 4, 2024 • Notice to Proceed (NTP): May 1, 2024 https://us02web.zoom.us/j/86249259988?pwd=cVpaUXpMZmxFbGJLQzVMa2FIUVNrQT09 https://us02web.zoom.us/j/86249259988?pwd=cVpaUXpMZmxFbGJLQzVMa2FIUVNrQT09 https://dot.ca.gov/-/media/dot-media/programs/local-assistance/documents/lapm/c10/10i.pdf Page 15 Santa Cruz County Regional Transportation Commission RFP2188: Rural Highway Safety Plan • Deadline to complete scope of work: February 28, 2026 General Conditions Respondent’s Proposal Preparation Expenses: Respondents are solely responsible for their own expenses in preparing and submitting a response to this RFP as well as for subsequent interviews and contract negotiations with the RTC. The RTC will not be liable to any respondent for any costs or damages incurred by the respondent in preparing the RFP response, loss of anticipated profit, or for any other claim. Ownership of RFP Responses: All documents, including specific RFP responses, submitted to the RTC become the property of the RTC. All materials submitted by proposers are subject to public inspection under the California Public Records Act (Government Code § 6250 et seq.), except that the RTC may withhold from disclosure clearly marked confidential trade secret information contained in any proposal, and proposer’s submission of information so marked shall constitute its agreement to defend and indemnify the RTC from any claim or liability for nondisclosure thereof. After award of the contract (or if not awarded, after rejection of all proposals), all responses will be regarded as public records and will be subjected to review by the public. Any language purporting to render all or portions of the proposal confidential will be regarded as non- effective and will be disregarded. Collection and Use of Personal Information: Respondents are solely responsible for familiarizing themselves and ensuring that they comply with the laws applicable for the collection and dissemination of personal information, including resumes and other personal information concerning respondent employees and employees of any proposed subconsultants. Non-Commitment of RTC: This RFP is not an agreement to purchase or contract for services. The RTC reserves the right to modify or cancel in whole or in part this RFP, to reject any and all proposals, to accept the proposal they consider most favorable to the RTC’s interests in their sole discretion, and to waive irregularities or informalities in any proposal or in the proposal procedures. The RTC reserves the right, in its sole discretion, not to enter into a contract as a result of this RFP. The RTC further reserves the right to reject all proposals and seek new proposals when the RTC considers such procedure to be in their best interests. All responses will be assessed in light of the needs described in this RFP, including the Scope of Services. The RTC is under no obligation to receive further information, written or oral, from any respondent. Any award will be to the consultant(s) whose Proposal is, in the sole judgment of the RTC board on the basis of the evaluation criteria herein, most advantageous to RTC. Page 16 Santa Cruz County Regional Transportation Commission RFP2188: Rural Highway Safety Plan Changes to Proposals Prior to Closing Date: Any proposals received prior to the due date and time specified above may be modified by written request of the proposer. Any modification must be received by the proposal due date and time specified in this RFP. After that date, no additional wording or comments will be added to the response unless requested by the RTC for purposes of clarification. Modification of RFP Terms: The RTC reserves the right to modify the terms of this RFP at any time and may cancel this RFP or further review of responses at any time without entering into a contract. It is the sole responsibility of prospective and actual respondent to check for modifications of and additional information pertaining to the RFP on the RTC website: http://www.sccrtc.org/about/opportunities/rfp/. Notification of Further RFP Respondent Review and Interview Not Binding: A respondent may withdraw from consideration at any time by notifying the RTC in writing, by phone, or by email. The RTC may, at its sole discretion, withdraw the name of a respondent for further review by notifying the respondent by email. Notice in writing, by email or by phone to a respondent that it has been identified as a candidate for further review and an interview will neither constitute a contract, nor give the respondent any legal or equitable rights or privileges relative to this RFP. Contract: Any contract proposed with a selected respondent shall comply with all public contracting statutes applicable in the State of California. For your reference, a sample contract is enclosed as Attachment C. Respondents shall be prepared to accept the terms and conditions of the contract provided herein as Attachment C, which include requirements for Compensation, Indemnity, and Insurance. If a Proposer desires to take exception to the above, Proposer shall provide the following information using Form 2, identified as “Exceptions to the Agreement.” The exceptions to the Contract shall include the following: 1. Proposer shall clearly identify each proposed change to the Agreement, including all relevant exhibits. 2. Proposer shall include the reasons as well as specific recommendations for alternative language. The above factors will be taken into account in evaluating proposals. Proposals that take substantial exceptions to the Agreement or proposed compensation terms may be determined by the RTC, at its sole discretion, to be unacceptable and no longer considered for award. Only the exceptions stated in the Proposal will be considered when negotiating the Agreement. https://dot.ca.gov/-/media/dot-media/programs/local-assistance/documents/lapm/c10/10q.pdf Page 17 Santa Cruz County Regional Transportation Commission RFP2188: Rural Highway Safety Plan The RTC may accept the proposal or negotiate the terms and conditions of the Agreement with the highest-ranked firm. If mutual agreeable terms are not reached, the RTC reserves the right to terminate negotiations and may open negotiations with the next highest ranked firm. RTC further reserves the right to terminate negotiations at any point without obligation to contract for services with any firm. If a proposer wishes to recommend a change to any standard RTC contract provision, the provision and any proposed alternative language must be requested in writing prior to the closing date for receipt of requests for clarifications/exceptions listed above. If no such change or exception is requested in writing, the consultant will be deemed to accept RTC’s standard contract provisions. In addition, if the project will be funded by Federal funds, federal required contract provisions will be included in the RTC standard agreement. Conflict of Interest: The prospective consultant shall demonstrate no conflicts of interest, and a commitment to avoid potential conflicts that might arise from work performed for others, past associations or pending relationships. Prospective consultants shall disclose any financial, business or other relationship with RTC that may have an impact upon the outcome of this contract or RTC construction projects. The prospective consultant shall also list current clients who may have a financial interest in the outcome of this contract or RTC projects that will follow. In particular, the prospective consultant shall disclose any financial interest or relationship with any construction company that might submit a bid on RTC projects. Past and future contracts: Firms that have participated in past studies or other activities associated with the current RFP are not precluded from submitting proposals for this study. The firm selected to conduct the work under this RFP will not be precluded from conducting work on future projects by the RTC. Local, State, and Federal Regulations: Any contract awarded under this request for proposals is expected to be funded by federal FHWA State Planning and Research Part I and state Transportation Development Act (TDA) funds. The consultant must be able to meet requirements for contracts using local, state and/or federal transportation funds, and local, state and federal grant language will be incorporated into the contract, as applicable. This includes, but may not be limited to, applicable provisions set forth in the Caltrans Local Assistance Procedures Manual (LAPM) and the Caltrans Division of Transportation Planning: Master Fund Transfer Agreement. The selected consultant(s) shall also have all state and local licenses required by applicable law for the performance of the services or any portion thereof. Page 18 Santa Cruz County Regional Transportation Commission RFP2188: Rural Highway Safety Plan Non-discrimination and Disadvantaged Business Enterprise (DBE) Participation: It is the policy of the RTC to ensure nondiscrimination in the award and administration of all contracts and to create a level playing field on which firms can compete fairly for contracts and subcontracts relating to the RTC’s construction, procurement, and professional services activities. The consultant, subrecipient or subcontractor shall not discriminate on the basis of race, color, sex, gender, religious creed, national origin, ancestry, physical disability (including HIV and AIDS status), mental disability, medical condition (e.g., cancer), genetic information, marital status, gender, gender identity, gender expression, age, sexual orientation, military, or veteran status in the performance of the contract. This applies to all consultants’ and subconsultants’ employment, solicitations, selection of subconsultants and procurement of materials. Pursuant to Title VI of the Civil Rights Act of 1964 – disadvantage business enterprises will be afforded full opportunity to submit bids in response to this invitation. As a recipient of federal financial assistance from the Federal Transit Administration (FTA) and the Federal Highway Administration (FHWA), the RTC is also committed to and has adopted a DBE Program for contracts in accordance with federal regulations. This solicitation is subject to Title 49, part 26, Code of Federal Regulations (49 CFR 26) entitled "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs." This contract is subject to Caltrans’ DBE requirements for federally funded projects. The DBE participation goal for this project is 22%. Minority and/or women-owned businesses who are not currently a Caltrans’s certified DBE firm, can apply for DBE status at https://dot.ca.gov/programs/civil-rights/dbe. Where subcontracting opportunities exist, consultants should utilize the Caltrans DBE Database to find certified DBEs to consider for their team: https://caltrans.dbesystem.com/. For more information on the Caltrans Disadvantaged Business Enterprise Program visit https://dot.ca.gov/programs/civil-rights/dbe. In order to ascertain whether DBE goals are being achieved, the RTC and Caltrans tracks DBE participation on all federally funded (federal aid) contracts. The selected consultant will be required to complete DBE and Prompt Payment reporting forms. Each respondent is required to make Good Faith Efforts (GFEs) to meet the DBE contract goal. All respondents are required to complete Exhibit 10-O1 “Consultant Proposal DBE Commitment” and ADM-0312F “Bidder/Proposer DBE Good Faith Efforts Documentation” with their proposal. Failure by the consultant to carry out DBE requirements is a material breach of contract, which https://dot.ca.gov/programs/civil-rights/dbe https://dot.ca.gov/-/media/dot-media/programs/local-assistance/documents/lapm/c10/10q.pdf http://www.sccrtc.org/about/opportunities/rfp/ Page 19 Santa Cruz County Regional Transportation Commission RFP2188: Rural Highway Safety Plan may result in the termination of contract or such other remedy as the RTC and/or Caltrans deems appropriate. Drug-Free Workplace. CONSULTANT shall comply with the provisions of Government Code § 8350 et seq., regarding Drug-Free Workplace Certification, and with the U.S. DOT regulations "Drug-Free Workplace Requirements Grants" in 49 CFR Part 29, Subpart F. Financial Management and Accounting System Requirements: Contracts shall not be awarded to a consultant without an adequate financial management and accounting system as required by 48 CFR Part 16.301-3, 2 CFR 200, 49 CFR Part 18, and 48 CFR Part 31. Enclosed with this Request for Proposals: Attachment A: Scope of Services Attachment B: Sample RTC Work Plan Attachment C: RTC Standard Contract Attachment D: Form 1 California Levine Act Statement Attachment E: Form 2 Exceptions to the Agreement Attachment F: Notice to Proposers DBE Information (Local Assistance Procedures Manual, Exhibit 10-I) Attachment G: Consultant Proposal DBE Commitment form (Local Assistance Procedures Manual, Exhibit 10-O1.) Attachment H. Bidder/Proposer DBE Good Faith Efforts Documentation (ADM- 0312F) Attachment I: Disclosure of Lobbying Activities (Local Assistance Procedures Manual, Exhibit 10-Q) https://sccrtc.org/wp-content/uploads/2023/02/Form-1-California-Levine-Act-Statement.pdf https://sccrtc.org/wp-content/uploads/2022/08/Form-2-Exceptions-to-the-Contract.pdf https://dot.ca.gov/-/media/dot-media/programs/local-assistance/documents/lapm/c10/10i.pdf https://dot.ca.gov/-/media/dot-media/programs/local-assistance/documents/lapm/c10/10i.pdf https://dot.ca.gov/-/media/dot-media/programs/local-assistance/documents/lapm/c10/10o1.pdf https://dot.ca.gov/-/media/dot-media/programs/local-assistance/documents/lapm/c10/10o1.pdf https://forms.dot.ca.gov/v2Forms/servlet/FormRenderer?frmid=ADM0312F https://forms.dot.ca.gov/v2Forms/servlet/FormRenderer?frmid=ADM0312F https://dot.ca.gov/-/media/dot-media/programs/local-assistance/documents/lapm/c10/10q.pdf https://dot.ca.gov/-/media/dot-media/programs/local-assistance/documents/lapm/c10/10q.pdf Santa Cruz County Regional Transportation Commission Page A –20 RFP2188: Rural Highway Safety Plan Attachment A: Rural Highways Safety Plan (RHSP) Scope of Services The Santa Cruz County Regional Transportation Commission is soliciting proposals from qualified firms for consulting services to prepare a Rural Highway Safety Action Plan (RHSP). The RHSP will be funded with the Caltrans Strategic Partnerships grant, which is in turn financed by FHWA State Planning and Research Part 1. Since this is a Caltrans funded project with federal funds, the selected consultant shall be required to follow all Caltrans requirements. In addition, federal funding entails Disadvantaged Business Enterprise (DBE) requirements. The Consultant shall meet the appropriate minimum qualifications as required by this contract. The performance period is no greater than twenty-four (24) months, with a project schedule determined by the RTC and the selected consultant. The proposals submitted in response to this RFP will be used as a basis for selecting the Consultant for this project. Introduction The RHSP scope of work is designed to improve roadway safety for all users of the County's six conventional highways, also known as State Routes. Specifically, Highway 1 north of the City of Santa Cruz city limits, Highway 9, Highway 236, Highway 35, and Highways 129 and 152 outside of the City of Watsonville limits which collectively function as main streets, intercommunity connectors, and rural highways. These six highways constitute the project area and will be referred to herein as “the six highways”. Consultant will perform comprehensive data-driven analysis to identify crash locations, severity, factors, and types of crashes that include pedestrians, cyclists, and motorists. The development of the Comprehensive Safety Action Plan (CSAP) will provide a framework of innovative strategies and implementation actions intended to reduce transportation-related fatalities and serious injuries while also supporting federal safety initiatives. The safety plan will identify safety issues and specific actions that can be implemented to improve safety for people traveling by any mode throughout the county. The plan will develop recommendations for both motorized and non-motorized modes in the roadway network as well as other elements including land use, transit, freight, and other community factors to create a comprehensive course of action. The plan will address federal and state regulations, including local ordinances, design guidance as well as performance management goals, measures, and targets, and will promote equitable outcomes. Santa Cruz County Regional Transportation Commission Page A –21 RFP2188: Rural Highway Safety Plan The RHSP's main objective is to create a roadmap to Vision Zero: to achieve zero traffic deaths and serious injuries by 2045 with projects and strategies implemented through close partnerships with Caltrans District 5 on their conventional highway facilities in Santa Cruz County. The RHSP must function as both a Local Roadway Safety Plan (LRSP) and a Safe Streets For All (SS4A) Action Plan, in order to make these six highways eligible for critical funding opportunities via the Highway Safety Improvement Program (HSIP) and SS4A Implementation Grants program. Project Stakeholders The RTC, with support from the Consultant, will develop the RHSP through collaboration with project stakeholders. These include: Caltrans, the Santa Cruz County Community Traffic Safety Coalition, the County of Santa Cruz, the Santa Cruz Metropolitan Transit District (METRO), adjacent local school districts, UC Santa Cruz, a consultant team, and local stakeholders such as the SLV Chamber of Commerce, Pajaro Valley Chamber of Commerce and Agriculture, community-based business associations, neighborhood associations, emergency crash response agencies such as local Fire Departments, community groups supporting underserved populations, and the community’s residents. Stakeholders could also include representatives of state and local recreational areas, representatives of the tourism industry, and enforcement agencies. In addition to traditional community groups, business organizations, and service organizations, the RTC will engage with stakeholder charitable organizations that serve low-income residents through distribution of food, household supplies, clothes, and other emergency services in Santa Cruz County in order to connect with community members who may traditionally be less engaged with the planning process. With input from Caltrans and supported by the Consultant as defined in Task 6, RTC will coordinate all stakeholders during the process and lead stakeholder meetings as needed to identify high need areas and stakeholder priorities, establish RHSP vision and goals, and review potential solutions and countermeasures. Stakeholders will also be engaged to help identify prioritization plans and to review and comment on the final RHSP. Finally, the California Coastal Commission (CCC), the Bureau of Land Management (BLM), and State Parks will help make sure that the RHSP abides by federal policies and goals to protect the environment and meet safety requirements in segments where the six highways traverse public land. This proposal will strengthen relationships through the collaborative effort to accomplish the corridors’ goals. Santa Cruz County Regional Transportation Commission Page A –22 RFP2188: Rural Highway Safety Plan Overall Project Objectives The scope of services and tasks described in this Request for Proposals represents an outline of the services which the RTC anticipates the successful Consultant to perform and is presented for the primary purpose of allowing the RTC to compare proposals. The overall objective for the RHSP for Santa Cruz County’s six conventional state highways is to identify locations and patterns of crashes in order to generate and prioritize a suite of implementable countermeasures, in order to help mitigate traffic deaths and serious injuries. The RHSP will foremost be based on a thorough analysis of crash data, as well as other relevant data, such as traffic volumes and speed information. Public and stakeholder input will also be gathered and considered as part of the goal identification, need identification, and prioritization processes. This data-driven approach will help direct resources where they are needed and most effectively make the region safer. The completed analysis, strategies, and implementation of the RHSP document will align with all requirements of both the Local Roadway Safety Plan (LRSP) and the Safe Streets for All Action Plan (SS4A Action Plan) requirements to allow identified projects to compete for the federal funding programs. The successful Proposer will be required to comply with all requirements associated with federal funding in carrying out the project. Interested firms shall address in their qualification statements their ability to provide the following services if selected by the RTC. Summary of Project Tasks Task 1: Project Management and Coordination 1.1 - The Consultant shall be responsible for project management activities throughout the life of the contract including managing the schedule, budget, setting up meetings, field reviews, and managing the project team. The Consultant must include a kick-off meeting and further appropriate number of follow up meetings with the RTC. The Consultant will be required to attend and present at Commission meetings for project milestones. Coordinate ongoing project team meetings to communicate project status and receive input from stakeholders. 30-minute biweekly Project Management check-ins, plus monthly RHSP team meetings including representatives from Caltrans, and focus meetings as needed. Santa Cruz County Regional Transportation Commission Page A –23 RFP2188: Rural Highway Safety Plan Disadvantaged Business Enterprise (DBE) Reporting • Activities and reporting based on Federal requirements regarding Disadvantaged Business Enterprises (DBE) must be followed throughout the grant’s term. These requirements include the following: o Consultant will prepare and submit quarterly “DBE Utilization Report” (Form ADM-3069) and submit it with each quarterly invoice to the District Contract Manager. If no consultant or contractor activity took place, RTC will still complete an ADM-3069 form showing “0” and send to the District Office with the Request for Reimbursement. o Consultant must submit “Prompt Payment Certification” (LAPM Exhibit 9-P) to the RTC by the 15th of the month following the month of any payment(s). If the Consultant does not make any payments to subconsultants, supplier(s), and/or manufacturers they must report “no payments were made to subs this month” and write this visibly and legibly on Exhibit 9-P. RTC will review and submit to the District Office. Task Deliverables • Monthly invoices • DBE Reporting • Project Schedule – updated monthly or as needed • Meeting agendas, minutes Task 2: Existing Conditions 2.1 - Literature Review • Consultant will review existing corridor and area plans, including but not limited to: o Hwy 9/SLV Complete Streets Corridor Plan, o Caltrans Strategic Highway Safety Plan, o California Highway Safety Improvement Plan, o Caltrans State Highway System Management Plan, o Caltrans Highway 1 Transportation Concept Report, o Caltrans District 5 Active Transportation Plan, o County of Santa Cruz Active Transportation Plan, o District 5 Climate Adaptation Vulnerability Assessment and Priorities Report, Santa Cruz County Regional Transportation Commission Page A –24 RFP2188: Rural Highway Safety Plan o Downtown Watsonville Specific Plan, o Santa Cruz County General Plan/Local Coastal Program, and o 2045 Santa Cruz County Regional Transportation Plan. Consultant will compile a description of the aspects of these reports such as vision and goals, analysis of crash patterns, and proposed countermeasures that may apply to the Rural Highway Safety Plan, to be included as an appendix in the final report. 2.2 - Data Collection • Review and compile existing collision and infrastructure data, for the six highways as well as similar principal and minor arterials and major collectors in the county for comparison purposes, to support a description of existing conditions and to identify outstanding data needs. Average daily traffic and truck traffic counts, public land visitor estimates where applicable, transit ridership, and collision data will be described. RTC will submit a Public Records Request to Caltrans District 5 the week of RFP publication, but additional PRRs may be needed during the life of the project. • Consultant shall collect existing data, programs, policies and activities, and provide a summary of current efforts in California to address transportation safety- including identifying programs that have evidence of measurable success. • Collect traffic data, including but not limited to types and causes of crashes, severity of crashes, traffic patterns, and roadway conditions. Consultant will analyze and document findings that may include patterns in crash type, driver factors, roadway features, vehicle factors, and environmental conditions. • Consultant shall identify characteristics present in severe crashes, and identify where else on the County’s rural highway network similar characteristics exist. Characteristics can include roadway features such as lane width, shoulder width, curvature, speed limit, and traffic volume. • Provide any necessary tables, charts, maps, and diagrams showing severe crash locations and patterns, including comparisons to similar facilities in SCC and statewide. • The Literature Review, Existing Conditions Report, and Infrastructure Conditions Memo should align with both the Local Roadway Safety Plan and the Safe Streets for All Action Plan requirements. • Consultant shall review existing local, regional, state, and federal plans, studies, ordinances, and initiatives related to roadway safety Santa Cruz County Regional Transportation Commission Page A –25 RFP2188: Rural Highway Safety Plan improvements to improve processes for prioritizing transportation safety and collaboration. • Consultant shall perform an analysis of existing conditions and historical trends that provides a baseline level of crashes involving fatalities and serious injuries in the Rural Highways. Ten (10) years of reportable crash data will be included, as well as the latest applicable subset of data years specified for relevant funding opportunities (e.g. SS4A). This will include an analysis of locations where there are crashes and the severity of the crashes, as well as contributing factors and crash types by relevant road users (motorists, people walking, transit users, etc.). • Based on the analysis performed, Consultant shall develop a geospatial identification of higher-risk locations (a High Injury Network or equivalent). The benchmark crash data will include geographic locations of crashes with related attribute data in an MS Excel and ArcGIS format, tables and maps of crash types and factors, comparisons of crash frequency data to other areas of the Santa Cruz County, and initial crash rates based on regional Vehicle Miles of Travel. The benchmark crash data will include crash data involving alternative modes (pedestrians, bicyclists, public transit users, etc.) and crash data within underserved communities within the jurisdiction(s), noting any disproportional safety impacts. 2.3 - Transportation Inventory • Document existing transportation infrastructure and roadway conditions on the six highways. Describe the condition of existing transportation facilities on the six highways, including identified repairs needed to bring roadways to states of good repair. This includes but is not limited to: status of projects planned by Caltrans or other agencies related to complete streets in the Main Street portions of the six highways, and multimodal safety issues for Intercommunity Connector portions. Task Deliverables • Literature Review Memo • Existing Transportation Conditions Report • Data Needs List • Compiled Data • Transportation Infrastructure Conditions Memo Santa Cruz County Regional Transportation Commission Page A –26 RFP2188: Rural Highway Safety Plan Task 3: Milestone 1- RHSP Vision & Objectives • In coordination with stakeholders, and the public, the Consultant will work with RTC and Caltrans staff to define the vision and objectives for the Rural Highway Safety Plan. Establish a framework for evaluating how strategies advance the vision and objectives identified in the California Transportation Plan and the Santa Cruz County Regional Transportation Plan with respect to collision reduction, partnerships, outreach, and funding to safely provide multi-modal mobility. The Vision & Objectives framework should align with both the Local Roadway Safety Plan and the Safe Streets for All Action Plan requirements. Task Deliverables • 3.1 - RHSP Vision & Objectives Memo • 3.2 - Framework for Evaluating Transportation Strategies Task 4: Identify Transportation Needs • 4.1 Review Traffic Data - Consultant will review traffic data, crashes, severity of crashes, traffic patterns, roadway conditions, and other relevant existing conditions, for the six highways as well as other major arterials in the county for comparison purposes, to determine opportunities for effective safety improvements. In parallel, RTC will publish an online survey to solicit supplemental data from the public, see Task 6. • 4.2 Identify Crash Patterns - Consultant will identify characteristics and patterns present in fatal and severe injury crashes and identify where else in the project area similar characteristics exist such as but not limited to lane width, shoulder width, curvature, sightlines, slope, guardrails, intersections and driveways, parking, speed limit, and traffic volume. • 4.3 Evaluate existing conditions against desired system performance - Describe transportation challenges and potential barriers to achieving the RHSP Vision and Objectives. The Transportation Needs framework should align with both the Local Roadway Safety Plan and the Safe Streets for All Action Plan requirements. Santa Cruz County Regional Transportation Commission Page A –27 RFP2188: Rural Highway Safety Plan Task Deliverables • Transportation Needs Memo Task 5: Milestone 2 - Transportation Strategy Development 5.1 - Identify Strategies • Consultant will identify a suite of capital and other strategies that address transportation needs in the project area. For analysis, solutions will be organized into logical categories including, but not limited to: Speed Reduction Infrastructure, Parking Infrastructure, Multimodal Infrastructure, Transit Strategies, Roadway Safety, Technology Strategies, and Compatible Strategic Concepts. Identification of strategies will consider transportation priorities identified in a variety of transportation planning documents, including those identified above under Task 4. 5.2 - Evaluate & Integrate Strategies • Consultant will evaluate locations identified above and identify Emphasis Areas. Emphasis Areas describe highway locations that would most benefit from focused enhancement. Emphasis Area descriptions include what information and circumstances led to the location being identified. Emphasis Areas have a three-part framework: a description, a goal, and strategies. The Emphasis Area framework should align with both the Local Roadway Safety Plan and the Safe Streets for All Action Plan requirements. • The Emphasis Area goal(s) shall provide a short-term measure that can be reasonably accomplished, and which would demonstrate success in enhancing an Emphasis Area. RTC and implementation and monitoring partners should be able to measure the goal's success and determine the appropriate time to revise the plan. • The Emphasis Area strategies shall describe how the Emphasis Area will be addressed, including funding options, and who is anticipated to lead the implementation. • Consultant shall describe the process that will be used to evaluate the success of the RHSP, ensure implementation, and determine when an update is needed to align with LRSP/SS4A Action Plan requirements. • Evaluate how well strategies: address needs, are consistent with the RHSP Vision, and advance RHSP Objectives. Integrate complimentary strategies and establish a list of recommended Emphasis Area strategies for implementation. Santa Cruz County Regional Transportation Commission Page A –28 RFP2188: Rural Highway Safety Plan 5.3 - Detailed Project Descriptions & Concept Development • Consultant will develop detailed project descriptions, including project attributes and visual design concepts, where applicable, for transportation strategies and improvements identified as recommended transportation strategies in the project area. The project descriptions will also include a high-level cost estimate and description of feasibility based on project risks (i.e., environmental, right of way, cost, regulatory approvals). This may include, but is not limited to, bicycle and pedestrian improvements identified in the Santa Cruz County Active Transportation Plan in the RHSP project area, recommend transit operations, components and functionality of traveler information systems, and highway operational and/or safety improvements. 5.4 - Implementation Plan • Consultant will describe steps to implementing recommended projects and services, including monitoring by a task force, implementation group, or similar body. This may include identifying the lead agency, steps to advance project development, potential funding and programming opportunities and project schedules. Task Deliverables • List of Emphasis Areas identified and evaluated • List of Emphasis Area strategies recommended • Detailed project descriptions & concepts • Funding strategies for recommended transportation strategies • Estimate schedule and sequence for recommended transportation strategies • Transportation Strategy Development Memo Task 6: Stakeholder & Public Outreach The RHSP will be developed through a collaborative and comprehensive framework to address the safety issues along the six highways with stakeholder and public engagement. RTC staff will be the lead on logistical preparation for outreach, notifying the public of the input opportunities, hosting online surveys, and presenting to RTC Transportation Advisory Committees (TACs) and stakeholder groups. Santa Cruz County Regional Transportation Commission Page A –29 RFP2188: Rural Highway Safety Plan 6.1 - Stakeholder Identification • RTC and Caltrans will identify potential community stakeholders to participate in the development of the RHSP, including elected officials, traffic safety partners, advocacy groups, neighborhood associations, business groups, community groups supporting underserved populations, transit operators, schools, and others. RTC will coordinate and lead stakeholder meetings as needed to identify high need areas and stakeholder priorities, establish RHSP vision and goals, and review potential solutions. Consultant will be responsible for preparing visual exhibits and activities for such meetings, as well as slide presentations. Consultant will prepare staff reports for TACs, and edit as needed for presentation to RTC board. • Lead stakeholders may include the County of Santa Cruz, including their Community Traffic Safety Coalition, SCMTD – Santa Cruz Metropolitan Transit District, AMBAG – Association of Monterey Bay Area Governments, adjacent city and other jurisdictions, the Bureau of Land Management, and State Parks. 6.2 - Stakeholder Meetings • 2-4 meetings will be held with stakeholders to solicit input at Milestones 1 and 2 including but not limited to establishing existing conditions, developing the RHSP Vision and Objectives, identifying transportation needs and strategies, 6.3 - Project Website & Online Public Engagement • RTC will develop a project website and conduct an online survey during Winter 2024/2025 for Task 4, designed with input from the consultant, to solicit input from people traveling along the six highways. RTC will post updates for the public at all three project Milestones using website announcements and e-news blasts to interested parties, as well as online opportunity to comment on the draft final RHSP document for Milestone 3. Online public engagement will be utilized to broaden outreach variety to members of the public who are unable to attend public meetings. 6.4 - Public Workshops • Two sets of two public workshops of approximately 1-2 hours in the evening with a brief presentation and giving the public the opportunity to provide feedback for Milestones 1 and 2, in both north and south Santa Cruz County. Consultant will be responsible for preparing visual exhibits and activities for such meetings, as well as slide presentations. Consultant will attend public workshops in person to present and assist RTC staff with other workshop activities. Milestone Santa Cruz County Regional Transportation Commission Page A –30 RFP2188: Rural Highway Safety Plan 1 public workshops will be held in Fall 2024, and Milestone 2 public workshops will be held in Spring 2025. 6.5 - RTC Committee Input • RTC will solicit input from the Santa Cruz County Community Traffic Safety Coalition, as well as RTC’s Interagency Technical Advisory Committee, Bicycle Committee and Elderly and Disabled Advisory Committee at meetings open to the public at Milestones 1 and 2 including but not limited to establishing existing conditions, developing the RHSP Vision and Objectives, identifying transportation needs and strategies. Consultant will be responsible for preparing visual exhibits and activities for such meetings, as well as slide presentations. Consultant will prepare staff reports and present to TACs, and edit as needed for presentation to RTC board. 6.6 - Public Outreach Summary • Consultant with assistance from RTC will compile and summarize input as needed throughout the delivery of Tasks 3 through 7. • Consultant will compile a final summary detailing public outreach activities conducted during development of the Rural Highway Safety Plan. Task Deliverables • Stakeholder Meeting Presentation Materials. • Website Materials • Public Workshop Presentation Materials • Committee Staff Reports • Public Outreach Summary Task 7: Milestone 3 - Rural Highway Safety Plan Drafts and Final Plan The Consultant shall prepare a draft RHSP report. The report may include, but not be limited to, the following: Introduction, Vision and Goals, Safety Partners, Process for RHSP Development, Existing Efforts, Safety Data Analysis and Summary, Map of Severe Crash Locations, Crash Data Summary, Crash Tree Diagrams, Emphasis Areas (including Descriptions, Goals, and Strategies for each Emphasis Area), and Evaluation and Implementation. Santa Cruz County Regional Transportation Commission Page A –31 RFP2188: Rural Highway Safety Plan The Consultant shall finalize the report upon receiving comments from Caltrans, the RTC, stakeholders and the public. The final RHSP report must provide an acceptable document for defined projects to compete and meet the requirements for Highway Safety Improvement Program (HSIP) funding and Safe Streets for All (SS4A) funding. The RHSP final report will be considered completed when it has been approved and accepted by the RTC, with all specified deliverables accepted by the State of California’s Department of Transportation. The draft and final Rural Highway Safety Plans will include the information from the Existing Conditions Report, Transportation Needs Memorandum, RHSP Vision & Objectives, Transportation Strategy Development Memo, Public Outreach Summary and next steps for implementation. The draft and final RHSP is to be presented in a concise, readable, easy to navigate and Caltrans-approved ADA accessible document. 7.1 - Develop Administrative Draft Plan • Consultant will prepare administrative draft Rural Highway Safety Plan for partner agency review. The draft will be reviewed by RTC and Caltrans and other stakeholders, as applicable. • Include disclaimer: “Caltrans supports the Santa Cruz County Regional Transportation Commission’s (SCCRTC) efforts to create this Rural Highway Safety Plan (RHSP; Safety Plan) to assist in evaluation and prioritization of safety improvements for roadways within Santa Cruz County. This Safety Plan is a state-funded local plan focused on specific areas within Santa Cruz County. The priorities and projects within this safety plan may not reflect the Highway Safety Improvement Program at Caltrans. As such, some statements, the risk-ranking system, scope of concepts proposed, and other material may differ from those used by Caltrans. Additionally, implementation of concepts from this Plan can be evaluated for feasibility and alignment within Caltrans standards, policy, and procedure as they arise. Caltrans District Traffic Safety and executive management will need to concur with any proposed improvement on a State Highway.” 7.2 - Develop Draft Rural Highway Safety Plan • Consultant will prepare draft Rural Highway Safety Plan and incorporate comments on the administrative draft. The draft will then be circulated to stakeholders, RTC advisory groups, RTC Board, and the public for review and comment. Santa Cruz County Regional Transportation Commission Page A –32 RFP2188: Rural Highway Safety Plan 7.3 - Develop Final Rural Highway Safety Plan • Consultant will prepare final report and consider comments received during public and stakeholder review of the draft Rural Highway Safety Plan. Task Deliverables • Rural Highway Safety Plan Administrative Draft • Rural Highway Safety Plan Draft Report • Rural Highway Safety Plan Final Report Task 8: Board Review/Approval 8.1 - RTC Board Input • Consultant will assist RTC to solicit input from the RTC Board at meetings open to the public at all three project Milestones including but not limited to establishing existing conditions, development of the Rural Highway Safety Plan Vision and Objectives, identification of the transportation needs and strategies, and review of the draft Rural Highway Safety Plan. Consultant will present to RTC board in person. 8.2 - Present Final Report to Board • Consultant will present Final Rural Highway Safety Plan Report to RTC Board in person and request RTC Board approval as well as a resolution approving Vision Zero including reduction goals and target date. Final Board approval will occur in Fall 2025 or Winter 2025/2026. Task Deliverables • RTC Board Presentation Slides Santa Cruz County Regional Transportation Commission Page B –33 RFP2188: Rural Highway Safety Plan Attachment B: Sample Work Plan PRIME SUBCONSULTANT #1 SUBCONSULTANT #2 TOTAL HOURS Title 1 Title 2 Total Hours Title 1 Title 2 Total Hour Title 1 Title 2 Total Hours Task 1. Name Subtask 1.1Name Subtask 1.2 Name Subtask 1.3 Name Subtotal Task 1 Task 2. Name Subtask 2.1 Name Subtask 2.2Name Subtask 2.3 Name Subtotal Task 2 Task 3. Name Subtask 3.1 Name Subtask 3.2 Name Subtask 3.3 Name Subtotal Task 3 Task 4. Name Subtask 4.1 Name Subtask 4.2 Name Subtask 4.3 Name Subtotal Task 4 Project Hours TOTAL Santa Cruz County Regional Transportation Commission Page C –34 RFP2188: Rural Highway Safety Plan ATTACHMENT C AGREEMENT NO. TPXXXX NON-ARCHITECTURAL & ENGINEERING SERVICES AGREEMENT This AGREEMENT made and entered into on _____________, by and between the SANTA CRUZ COUNTY REGIONAL TRANSPORTATION COMMISSION, hereinafter called COMMISSION, and >, hereinafter called CONSULTANT for project name>>. The parties agree as follows: 1. DUTIES. A. CONSULTANT agrees to exercise special skill to accomplish the following results: project name and location-if applicable>>, as specified in Exhibit A Scope of Services, which by this reference is incorporated herein. B. CONSULTANT shall provide the personnel listed below to perform the above-specified services, which persons are hereby designated as key personnel under this Agreement. Name Firm Function Principal Project Manager C. No person named in paragraph B of this Article or in the Cost Proposal (Exhibit C), or his or her successor, shall be removed or replaced by CONSULTANT, nor shall his or her agreed-upon function hereunder be changed, without the prior written consent of the COMMISSION Contract Manager. D. This AGREEMENT includes the subcontractors and/or subconsultants listed in Exhibit C Cost Proposal. E. Except as expressly authorized herein, CONSULTANT'S obligations under this AGREEMENT are not assignable or transferable, and CONSULTANT shall not subcontract any work, without the prior written approval of the COMMISSION. However, claims for money due or which become due to CONSULTANT from COMMISSION under this AGREEMENT may be assigned to a financial institution or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the COMMISSION. Santa Cruz County Regional Transportation Commission Page C –35 RFP2188: Rural Highway Safety Plan F. Consultant’s Progress Reports and/or Meetings CONSULTANT shall perform the services in accordance with the Project Schedule attached hereto (Exhibit B) and incorporated by reference. The CONSULTANT shall submit written progress reports with each invoice. The report should be sufficiently detailed for the Contract Manager to determine if the CONSULTANT is performing to expectations or is on schedule; to provide communication of interim findings; and to sufficiently address any difficulties or special problems encountered, so remedies can be developed. The CONSULTANT’S Project Manager shall meet with the COMMISSION’S Contract Manager, as needed, to discuss progress on the AGREEMENT. 2. COMPENSATION. In consideration for CONSULTANT accomplishing work to be performed under this AGREEMENT (as described in Exhibit A Scope of Services and Exhibit B Project Schedule), COMMISSION shall compensate CONSULTANT in accordance with the approved Cost Proposal, dated >, attached hereto (Exhibit C) and incorporated by reference. The consideration to be paid to CONSULTANT as provided herein shall be for all CONSULTANT’S expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided. If there is any conflict between the approved Cost Proposal (Exhibit C) and this AGREEMENT, this AGREEMENT shall take precedence. A. The method of payment for this AGREEMENT will be based on a lump sum with progress payments. COMMISSION will reimburse CONSULTANT for costs (including labor costs, employee benefits, travel, overhead, and other direct costs) incurred by CONSULTANT in performance of the work. CONSULTANT will not be reimbursed for costs that exceed the estimated wage rates, employee benefits, travel, overhead, and other estimated costs set forth in the approved CONSULTANT’S Cost Proposal (Exhibit C), unless additional reimbursement is provided for by written AGREEMENT amendment. In no event, will CONSULTANT be reimbursed for overhead costs at a rate that exceeds COMMISSION’S approved overhead rate set forth in the Cost Proposal (Exhibit C). The maximum total cost as specified in Paragraph “F” shall not be exceeded, unless authorized by AGREEMENT amendment. B. The indirect cost rate established for this AGREEMENT is extended through the duration of this AGREEMENT. Santa Cruz County Regional Transportation Commission Page C –36 RFP2188: Rural Highway Safety Plan C. Reimbursement for transportation and subsistence costs shall not exceed the per diem rates authorized to be paid rank and file State employees under current State Department of Personnel Administration (Cal HR), as specified in the approved Cost Proposal (Exhibit C). D. CONSULTANT shall obtain prior written approval for a revised milestone cost estimate from the Contract Manager before exceeding such cost estimate or shifting hours or costs between tasks. E. Progress payments will be made no less than monthly in arrears based on services provided and allowable incurred costs. A pro rata portion of CONSULTANT’S fixed fee will be included in the monthly progress payments. If CONSULTANT fails to submit the required deliverable items according to the schedule set forth in the Project Schedule (Exhibit B) or the Scope of Services (Exhibit A), COMMISSION shall have the right to delay payment or terminate this AGREEMENT in accordance with the provisions of Article 7 Termination, unless such delay was waived or agreed to by the Contract Manager in writing. F. CONSULTANT shall not commence performance of work or services until this AGREEMENT has been approved by COMMISSION and notification to proceed has been issued by COMMISSION’S Contract Manager. No payment will be made prior to approval of any work, or for any work performed prior to approval of this AGREEMENT. G. Salary increases will be reimbursable if the new salary is within the salary range identified in the approved Cost Proposal (Exhibit C) and is approved by COMMISSION’S Contract Manager. H. For personnel subject to prevailing wage rates as described in the California Labor Code, all salary increases, which are the direct result of changes in the prevailing wage rates are reimbursable. I. The total amount payable by for this AGREEMENT by the COMMISSION shall not exceed $________. J. CONSULTANT will be reimbursed, as promptly as fiscal procedures will permit and according to California Code of Regulations, as they currently exist or may be amended during the term of this AGREEMENT, upon receipt by COMMISSION’S Contract Manager of itemized invoices. Invoices shall be submitted no later than 45 calendar days after the performance of work for which CONSULTANT is billing. Invoices shall detail the work performed on each milestone, Santa Cruz County Regional Transportation Commission Page C –37 RFP2188: Rural Highway Safety Plan or each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal (Exhibit C) and shall reference this AGREEMENT number and project title. Final invoice must contain the final cost and all credits due COMMISSION. The final invoice should be submitted within 60 calendar days after completion of CONSULTANT’S work. Invoices shall be emailed to COMMISSION’S Contract Manager: >@sccrtc.org and AccountsPayable@sccrtc.org Invoices shall follow the format stipulated for the approved Cost Proposal (Exhibit C) and shall reference this AGREEMENT number, project title, and Task Order number, if applicable. The invoices must include the following information: 1. Labor (staff name, hours charged, hourly billing rate, current charges and cumulative charges) performed during the billing period by task; 2. Itemized expenses incurred during the billing period; 3. Total invoice/payment requested, specifically noting the amount of retention, if any; 4. Total amount previously paid under this AGREEMENT; and 5. Report of expenditures by CONSULTANT and subconsultants for each task and subtask or milestone and estimated percentage completion by such divisions of work. 3. PROMPT PAYMENT COMMISSION shall make any progress payment within 30 days after receipt of an undisputed and properly submitted payment request from CONSULTANT. If COMMISSION fails to pay promptly, COMMISSION shall pay interest to the CONSULTANT, which accrues at the rate of 10% per annum on the principal amount of a money judgment remaining unsatisfied. Upon receipt of a payment request, COMMISSION shall act in accordance with both of the following: A. Each payment request shall be reviewed by COMMISSION as soon as practicable after receipt for the purpose of determining that the payment request is a proper payment request. mailto:AccountsPayable@sccrtc.org Santa Cruz County Regional Transportation Commission Page C –38 RFP2188: Rural Highway Safety Plan B. Any payment request determined not to be a proper payment request suitable for payment shall be returned to CONSULTANT as soon as practicable, but not later than seven (7) days, after receipt. C. A request returned pursuant to this paragraph shall be accompanied by a document setting forth in writing the reasons why the payment request is not proper. D. PROMPT PAYMENT CERTIFICATION BY CONSULTANT Consultant must submit LAPM Exhibit 9-P to the COMMISSION by the 15th of the month following the month of any payment(s). If the CONSULTANT does not make any payments to subconsultants, supplier(s), and/or manufacturers they must report “no payments were made to subs this month” and write this visibly and legibly on Exhibit 9-P. The COMMISSION must verify all Exhibit 9-P information, monitor compliance with prompt payment requirements for DBE and non- DBE firms, and address any shortfalls to the DBE commitment and prompt payment issues until the end of the project. The COMMISSION must email a copy of Exhibit 9-P to DBE.Forms@dot.ca.gov before the end of the month after receiving the Exhibit 9-P from the CONSULTANT. 4. FUNDING REQUIREMENTS A. It is mutually understood between the CONSULTANT and COMMISSION that this AGREEMENT may have been written before ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the AGREEMENT were executed after that determination was made. B. This AGREEMENT is valid and enforceable only if sufficient funds are made available to COMMISSION for the purpose of this AGREEMENT. In addition, this AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress, State Legislature, federal or state agency, or COMMISSION that may affect the provisions, terms, or funding of this AGREEMENT in any manner. C. It is mutually agreed that if sufficient funds are not appropriated, this AGREEMENT may be amended to reflect any reduction in funds. mailto:DBE.Forms@dot.ca.gov Santa Cruz County Regional Transportation Commission Page C –39 RFP2188: Rural Highway Safety Plan D. COMMISSION has the option to terminate the AGREEMENT pursuant to Section 8: Termination, or by mutual agreement to amend the AGREEMENT to reflect any reduction of funds. 5. TERM. A. This AGREEMENT shall go into effect on the date shown above contingent upon prior approval by the COMMISSION, and the CONSULTANT shall commence work after notification to proceed by the COMMISSION’S Contract Manager. The AGREEMENT shall end on __________, unless earlier terminated pursuant to Article 7 below or extended by AGREEMENT amendment. A. The CONSULTANT is advised that this AGREEMENT is not binding and enforceable until it is approved by the COMMISSION and fully executed. 6. TERMINATION. A. This AGREEMENT may be terminated by COMMISSION, for cause or without cause provided that COMMISSION gives not less than ten (10) calendar days written notice of its intent to terminate and in the event of termination for cause, provides the reasons for termination stated in the notice. B. COMMISSION may temporarily suspend this AGREEMENT, at no additional cost to COMMISSION provided that CONSULTANT is given written notice of temporary suspension. If COMMISSION gives such notice of temporary suspension, CONSULTANT shall immediately suspend its activities under this AGREEMENT. A temporary suspension may be issued concurrent with the notice of termination. C. Notwithstanding any provisions of this AGREEMENT, CONSULTANT shall not be relieved of liability to the COMMISSION by termination of this AGREEMENT for damages sustained by COMMISSION by virtue of any breach of this AGREEMENT by CONSULTANT, and COMMISSION may withhold any payments due to CONSULTANT until such time as the exact amount of damages, if any, due to COMMISSION from CONSULTANT is determined. D. If COMMISSION terminates this AGREEMENT with CONSULTANT, COMMISSION shall pay CONSULTANT the sum due to CONSULTANT under this AGREEMENT for services satisfactorily performed prior to termination, unless the cost of completion to COMMISSION exceeds the funds remaining in the AGREEMENT in which case the overage shall be deducted from any sum due CONSULTANT under this Santa Cruz County Regional Transportation Commission Page C –40 RFP2188: Rural Highway Safety Plan AGREEMENT and the balance, if any, shall be paid to CONSULTANT upon demand. E. Upon termination, COMMISSION shall be entitled to all CONSULTANT’S work produced under this AGREEMENT, including, but not limited to, reports, investigations, appraisals, inventories, studies, analysis, drawing and data estimates performed to that date, whether or not complete. 7. INDEMNIFICATION FOR DAMAGES, TAXES AND CONTRIBUTIONS. To the fullest extent permitted by law, CONSULTANT shall exonerate, indemnify, defend, protect, and hold harmless the COMMISSION, its governing body, officers, officials, agents, employees and volunteers from and against: A. Any and all claims, demands, costs, damages, losses, expenses, or liability arising from or connected with the services provided under this AGREEMENT due to the recklessness, willful misconduct or negligent acts, errors, or omissions of the CONSULTANT, its officers, subconsultants, employees, volunteers, or agents. The CONSULTANT will reimburse COMMISSION for any expenditure, including reasonable attorney’s fees, incurred by COMMISSION in defending against claims ultimately determined to be due to recklessness, willful misconduct or to negligent acts, errors, or omissions of the CONSULTANT, its officers, subconsultants, employees, volunteers, or agents. B. Any and all federal, State and local taxes, charges, fees, penalties, or contributions required to be paid with respect to CONSULTANT and CONSULTANT’S officers, subconsultants employees, volunteers, and agents engaged in the performance of this AGREEMENT (including, without limitation, unemployment insurance, social security, and payroll tax withholding). C. In the event that CONTRACTOR or any employee, agent, or subcontractor of CONTRACTOR providing services under this AGREEMENT is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of COMMISSION, CONTRACTOR shall indemnify, defend, and hold harmless COMMISSION for the payment of any employee and/or employer contributions for PERS benefits on behalf of CONTRACTOR or its employees, agents, or subcontractors, as well as for the payment of Santa Cruz County Regional Transportation Commission Page C –41 RFP2188: Rural Highway Safety Plan any penalties and interest on such contributions, which would otherwise be the responsibility of COMMISSION. D. The provisions of this section shall survive expiration, termination, or suspension of this AGREEMENT. 8. INSURANCE. CONSULTANT, at its sole cost and expense, for the full term of this AGREEMENT, and any extensions thereof, shall obtain and maintain at a minimum compliance with all of the following insurance coverage(s) and requirements. Such insurance coverage shall be primary coverage as respects COMMISSION and any insurance or self-insurance maintained by COMMISSION shall be excess of CONSULTANT’S insurance coverage and shall not contribute to it. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A:VII if admitted in the State of California. A. Types of Insurance and Minimum Limits 1. Workers’ Compensation in the minimum statutorily required coverage amounts. This insurance coverage shall not be required if the CONSULTANT has no employees and certifies to this fact by initialing here: _____ / _____. 1. Automobile Liability Insurance for each of CONSULTANT’S vehicles used in the performance of this AGREEMENT, including owned, non-owned (e.g., owned by CONSULTANT’S employees), leased or hired vehicles, in the minimum amount of $1,000,000 combined single limit per occurrence for bodily injury and property damage. This insurance coverage shall not be required if vehicle use by the CONSULTANT is not a material part of performance of this AGREEMENT and CONSULTANT and COMMISSION both certify to this fact by initialing here: _____ / _____. 2. Comprehensive or Commercial General Liability Insurance coverage at least as broad as ISO form CG 00 01, with a minimum limit of two million dollars ($2,000,000) per occurrence, and $4,000,000 in the aggregate, including coverage for: (a) products and completed operations, (b) bodily and personal injury, (c) broad form property damage, (d) contractual liability, and (e) cross-liability. 3. If the CONSULTANT maintains broader coverage and/or higher limits than the minimums shown above, the COMMISSION requires and shall be entitled to the broader coverage and/or