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HomeMy WebLinkAboutAGMT - Kimley-Horn & Associates, Inc. (Local Roadway Safety Plan (LRSP)) PROFESSIONAL SERVICES AGREEMENT for Local Roadway Safety Plan (LRSP) Adv Project ID: 1221000027 between OF SEA( BF �� \��ORPOggjFoQ�� AZ CD a C) ' 92 l0 5P Q F9 CF 27 1g� O 00 City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 Kimley-Horn and Associates, Inc. 1100 W. Town & Country Road, Suite 700 Orange, CA 92868 (714) 939-1030 This Professional Service Agreement ("the Agreement') is made as of May 24, 2021 (the "Effective Date"), by and between Kimley-Horn and Associates, Inc. ("CONSULTANT'), a North Carolina corporation, and the City of Seal Beach ("CITY"), a California charter city, (sometimes collectively referred to as "the Parties" and individually as a "Party"). RECITALS A. CITY received a grant from the State of California Department of Transportation (Caltrans) Active Transportation Program (ATP) and the California Department of to develop a Local Roadway Safety Plan (LRSP) — Adv Project No. 1221000027 (the "Project'). B. CITY desires certain professional engineering services to carry out the Project, and issued a Request for Proposals for Local Roadway Safety Plan (LRSP) Adv Project ID: 1221000027 dated March 10, 2021 ("Request for Proposals") to obtain proposals from qualified consultants to prepare the LRSP. C. CONSULTANT has submitted a proposal in response to the Request for Proposals. D. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3.20.025(C), CITY desires to engage. CONSULTANT to provide professional engineering services to develop an LRSP in the manner set forth herein and more fully described in Article II (Scope of Services). E. CONSULTANT represents that the principal members of its firm are qualified registered civil engineers and are fully qualified and licensed under California law to perform the services contemplated by this Agreement in a good and professional manner; and it desires to perform such services as provided herein. NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. AGREEMENT ARTICLE I INTRODUCTION A. This Agreement is between CITY and CONSULTANT for professional engineering design .services as detailed in the Request for Proposals incorporated by reference in Article 11 Scope of Work of this Agreement. B. The Project Manager for the "CONSULTANT" will be Jason Melchor. The Contract Administrator for CITY will be Iris Lee, Deputy Public Works Director/City Engineer. ARTICLE II SCOPE OF SERVICES A. CONSULTANT shall provide the professional work and other services (collectively "Services") set forth in the Request for Proposal ("RFP") attached hereto as Exhibit A, and CONSULTANT's Proposal, Exhibit B, incorporated herein by this reference, in compliance with all terms and conditions of this Agreement. To the extent that there is any conflict between Exhibits A and B and this Agreement, this Agreement shall control. I of 33 B. CONSULTANT shall perform the Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to CITY. C. In performing this Agreement, CONSULTANT shall comply with all applicable provisions of federal, state, and local law. D. As a material inducement to CITY to enter into this Agreement, CONSULTANT hereby represents that it has the experience necessary to undertake the Services to be provided. In light of such status and experience, CONSULTANT hereby covenants that it shall follow the customary professional standards in performing all work or other services under the Scope of Services. CITY relies upon the skill, of CONSULTANT, and CONSULTANT's staff, if any, to do and perform the Services in a skillful, competent, and professional manner, and CONSULTANT and CONSULTANTs staff, shall perform the Services in such manner. CONSULTANT shall, at all times, meet or exceed any and all applicable professional standards of care. The acceptance of CONSULTANT's work or other Services by CITY shall not operate as a release of CONSULTANT from such standard of care and workmanship. E. CONSULTANT will not be compensated for any work or other services performed not specified in the Services,unless CITY authorizes such work or other services in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization. ARTICLE III CONSULTANT'S REPORTS OR MEETINGS A. CONSULTANT shall submit progress reports at least once a month. The report should be sufficiently detailed for CITY's Contract Administrator to determine, if 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. B. CONSULTANT's Project Manager shall meet with CITY's Contract Administrator, as needed, to discuss progress on the Agreement. ARTICLE IV TERM; PERFORMANCE PERIOD A. This Agreement shall go into effect on May, 24, 2021, contingent upon approval by CITY and execution by all Parties, and CONSULTANT shall commence work after notification to proceed by CITY's Contract Administrator. ThelAgreement shall end on May 24, 2022, unless terminated sooner as provided in this Agreement, or extended by amendment to this Agreement ("Agreementamendment"). B. CONSULTANT acknowledges and agrees that any recommendation for Agreement award is not binding on CITY, and this Agreement shall not be effective, until the 2 of 29 Agreement is fully executed by CONSULTANT, and fully executed and approved by CITY. ARTICLE V ALLOWABLE COSTS AND PAYMENTS A. The method of payment for this Agreement will be based on actual cost plus a fixed fee. CITY will reimburse CONSULTANT for actual costs (including labor costs, employee benefits, travel, equipment rental costs, overhead and other direct costs) incurred by CONSULTANT in performance of the Services. CONSULTANT will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead, and other estimated costs set forth in the CONSULTANT'S approved Cost Proposal (as contained in Exhibit B, attached hereto), unless additional reimbursement is provided for by Agreement amendment. In no event, will CONSULTANT be reimbursed for overhead costs at a rate that exceeds CITY's approved overhead rate set forth in the Cost Proposal. In the event, that CITY determines that a change to the Services from that specified in the Cost Proposal and Agreement is required, the Agreement time or actual costs reimbursable by CITY shall be adjusted by Agreement amendment to accommodate the changed Services. The maximum total cost as specified in Paragraph "I" of this Article shall not be exceeded, unless authorized by an Agreement amendment fully executed by the Parties. B. The indirect cost rate established for this Agreement in the approved Cost Proposal shall apply for the Term of this Agreement or any extension of the Term. CONSULTANT's agreement to the extension of the Term shall not be a condition or qualification to be considered in determining the award of the Agreement. C. In addition to the allowable incurred costs, CITY will pay CONSULTANT a fixed fee of $4,516.70. The fixed fee is nonadjustable for the Term of; the Agreement, or any extension of the Term, except in the event of a significant change in the Services and such adjustment is authorized by an Agreement amendment. D. Reimbursement for transportation and subsistence costs shall not exceed the rates specified in the approved Cost Proposal. E. When milestone cost estimates are included in the approved Cost Proposal, CONSULTANT shall obtain prior written approval for a revised milestone cost estimate from CITY's Contract Administrator before exceeding such cost estimate. F. Progress payments will be made 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 based on the Term of the Agreement. If CONSULTANT fails to submit the required deliverable items according to the schedule set forth in Article II Statement of Work, CITY shall have the right to delay payment or terminate this Agreement. G. No payment will be made prior to approval of any specific work, nor for any work performed prior to the Effective Date of this Agreement and issuance of a Notice to Proceed. 3 of 29 H. CONSULTANT will be reimbursed promptly according to California Regulations upon receipt by CITY's Contract Administrator of itemized invoices in duplicate. Invoices shall be.submitted no later than thirty (30) calendar days after the performance of work for which CONSULTANT is billing. Invoices shall detail the work performed on each milestone, deliverable, and/or each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this Agreement number and project title. Final invoice must contain the final cost and all credits due CITY including any equipment purchased under the provisions of Article XI Equipment Purchase. The final invoice should be submitted within sixtyl(60) calendar days after completion of CONSULTANT's Services. Invoices shall be mailed to CITY's Contract Administrator at the following address: City of Seal Beach 211 - 8th Street Seal Beach, CA 90749 Attn: Iris Lee, Contract Administrator I. The total amount payable by CITY including the fixed fee shall inot exceed $49,877.19. J. 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. ARTICLE VI TERMINATION,AND SUSPENSION A. This Agreement may be terminated by CITY with or without cause, provided that CITY gives not less than thirty (30) calendar days' written notice (delivered by certified mail, return receipt requested) of intent to terminate. Upon receipt of the notice of termination, CONSULTANT shall immediately cease all Services except such as may be specifically approved by CITY's Contract;Administrator in writing. Upon termination, CITY shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not. B. CITY may temporarily suspend this Agreement, at no additional cost to CITY, provided that CONSULTANT is given written notice (delivered by certified mail, return receipt requested) of temporary suspension. If CITY 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 CITY for damages sustained by City by virtue of any breach of this Agreement by CONSULTANT, and City may withhold 'any payments due to CONSULTANT until such time as the exact amount of damages, if any, due City from CONSULTANT is determined. D. In the event of termination, CONSULTANT shall be compensated as provided for in this Agreement for all work and other Services satisfactorily performed. 4 of 29 ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS A. CONSULTANT agrees that 48 CFR Part 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost, and CONSULTANT further agrees to comply with all provisions of said 48 CFR Part 31. B. CONSULTANT also agrees to comply with Federal procedures in accordance with 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. C. Any costs for which payment has been made to CONSULTANT that are determined by subsequent audit to be unallowable under 48 CFR Part 31 or 2 CFR Part 200 are subject to repayment by CONSULTANT to CITY. D. If CONSULTANT or a Subconsultant is a Non-Profit Organization or an Institution of Higher Education, the Cost Principles for Title 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall apply. ARTICLE VIII RETENTION OF RECORD/AUDITS For the purpose of determining compliance with Government Code § 8546.7, CONSULTANT, Subconsultants, and CITY shall maintain all books, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, and other evidence pertaining to the performance of the Agreement including, but not limited to, the costs of administering the Agreement. All parties, including CONSULTANT's Independent CPA, shall make such workpapers and materials available at their respective offices at all reasonable times during the Agreement period and for three (3) years from the date of final payment under the Agreement. CITY, Caltrans Auditor, FHWA, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have ,access to any books, records, and documents of CONSULTANT, Subconsultants, and CONSULTANT's Independent CPA, that are pertinent to the Agreement for audits, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested without limitation. ARTICLE IX AUDIT REVIEW PROCEDURES A. Any dispute concerning a question of fact arising under an interim or post audit of this Agreement that is not disposed of by Agreement, shall be reviewed by CITY'S Director of Finance. B. Not later than thirty (30) calendar days after issuance of the final audit report, CONSULTANT may request a review by CITY'S Chief Financial Officer of unresolved audit issues. The request for review will be submitted in writing. C. Neither the pendency of a dispute nor its consideration by CITY will excuse CONSULTANT from full and timely performance, in accordance with the terms of this Agreement. 5 of 29 D. CONSULTANT and Subconsultant Agreements, including cost proposals and Indirect Cost Rates (ICR), may be subject to audits or reviews such as, but not limited to, an Agreement audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the Agreement, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR Part 31 and other related laws and regulations lin the instances of a CPA ICR audit work paper review it is CONSULTANT's responsibility to ensure federal, CITY, or local government officials are allowed full access to the,CPA's work papers including making copies as necessary. The Agreement, cost proposal, and ICR shall be adjusted by CONSULTANT and approved by CITY's Contract Administrator to conform to the audit or review recommendations. CONSULTANT agrees that individual terms of costs identified in the audit report shall be incorporated into the Agreement by this reference if directed by CITY at its sole discretion. Refusal by CONSULTANT to incorporate audit or review recommendations, or to ensure that the federal. CITY or local governments have access to CPA work papers, will be considered a breach of Agreement terms and cause for termination of the Agreement and disallowance of prior reimbursed costs. E. CONSULTANT's Cost Proposal may be subject to a CPA ICR Audit Work Paper Review and/or audit by the Independent Office of Audits and Investigations (IOAI). IOAI, at its sole discretion, may review and/or audit and approve the CPA ICR documentation. The Cost Proposal shall be adjusted by CONSULTANT and approved by CITY's Contract. Administrator to conform to the' Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report. Refusal by CONSULTANT to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the Agreement terms and cause for termination of the Agreement and disallowance of prior reimbursed costs. 1. During IOAI's review of the ICR audit work papers created by CONSULTANT's independent CPA, IOAI will work with the CPA and/or CONSULTANT toward a resolution of issues'that arise during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely manner. If'IOAI identifies significant issues during the reviewiand is unable to issue a cog nizantlapproval letter, CITY will reimburse CONSULTANT at an accepted ICR until a FAR (Federal Acquisition Regulation) compliant ICR {e.g. 48 CFR Part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accounting Standards), if applicable; in accordance with procedures and guidelines of the American Association of State Highways and Transportation Officials (AASHTO) Audit Guide; and other applicable procedures and guidelines}is received and approved by IOAI. Accepted rates will be as follows: a. If the proposed rate is less than one hundred fifty percent (150%) - the accepted rate reimbursed will be ninety percent (90%) of the proposed rate. b. If theproposed rate is between one hundred fifty percent (150%) and two hundred percent (200%) - the accepted rate will be eighty-five percent (85%) of the proposed rate. 6 of 29 c. If the proposed rate is greater than two hundred percent (200%) - the accepted rate will be seventy-five percent (75%) of the proposed rate. 2. If IOAI is unable to issue a cognizant letter per paragraph E.1. above, IOAI may require CONSULTANT to submit a revised independent CPA-audited ICR and audit report within three (3) months of the effective date of the management letter. IOAI will then have up to six (6) months to review CONSULTANT's and/or the independent CPA's revisions. 3. If CONSULTANT fails to comply with the provisions of this paragraph E, or if IOAI is still unable to issue a cognizant approval letter after the revised independent CPA audited ICR is submitted, overhead cost reimbursement will be limited to the accepted ICR that was established upon initial rejection of the ICR and set forth in paragraph E.1. above for all rendered services. In this event, this accepted ICR will become the actual and final ICR for reimbursement purposes under this Agreement. 4. CONSULTANT may submit to CITY final invoice only when -all of the following items have occurred: (1) IOAI accepts or adjusts the original or revised independent CPA audited ICR; (2) all work under this AGREEMENT has been completed to the satisfaction of CITY; and, (3) IOAI has issued its final ICR review letter. CONSULTANT MUST SUBMIT ITS FINAL INVOICE TO CITY no later than sixty (60) calendar days after occurrence of the last of these items. The accepted ICR will apply to this AGREEMENT and all other agreements executed between CITY and CONSULTANT, either as a prime or subconsultant, with the same fiscal period ICR. ARTICLE X SUBCONTRACTING A. Nothing contained in this Agreement or otherwise, shall create any contractual relation between CITY and any Subconsultants, and no subagreement shall relieve CONSULTANT of its responsibilities and obligations under this Agreement. CONSULTANT shall be as fully responsible to CITY for the acts and omissions of its Subconsultants and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by CONSULTANT. CONSULTANT's obligation to pay its Subconsultants is an independent obligation from CITY's obligation to make payments to CONSULTANT. B. CONSULTANT shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted without written authorization by CITY's Contract Administrator, except that which is expressly identified in CONSULTANT's approved Cost Proposal. C. Any subagreement entered into as a result of this Agreement, shall contain all the provisions stipulated in this entire Agreement to be applicable to Subconsultants unless otherwise noted. D. CONSULTANT shall pay its Subconsultants within fifteen (15) calendar days from receipt of each payment made to CONSULTANT by CITY. E. Any substitution of Subconsultants must be approved in writing by CITY's Contract Administrator in advance of assigning work to a substitute Subconsultant. 7 of 29 ARTICLE XI EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES A. Prior authorization in writing by CITY's Contract Administrator shall be required before CONSULTANT enters into any unbudgeted purchase order, or subcontract exceeding five thousand dollars ($5,000) for supplies, equipment, or CONSULTANT services. CONSULTANT shall provide an evaluation of the necessity or desirability of incurring such costs as part of its request for authorization. B. For purchase of any item, service, or consulting work not covered in CONSULTANT's approved Cost Proposal and exceeding five thousand dollars ($5,000), with prior authorization by CITY's Contract Administrator, three competitive quotations must be submitted with the request, or the absence of bidding must be adequately justified as determined by CITY. C. Any equipment purchased with funds provided under the terms of this Agreement is subject to the following: 1. CONSULTANT shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of five thousand dollars ($5;000) or more. If the purchased equipment needs replacement and is sold or traded in, CITY shall receive a proper refund or credit at the conclusion of the Agreement, or if the Agreement is terminated, CONSULTANT may either keep the equipment and credit CITY in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established CITY procedures; and credit CITY in an amount equal to the sales price. If CONSULTANT elects to keep the equipment, fair market value shall be determined at CONSULTANT's expense, on the basis of a competent,independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by CITY and CONSULTANT, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by CITY. 2. Regulation 2 CFR Part 200 requires a credit to Federal funds when participating equipment with a fair market value greater than five thousand dollars ($5,000) is credited to the project. ARTICLE XII LABOR CODE COMPLIANCE AND STATE PREVAILING WAGE RATES A. No CONSULTANT or Subconsultant may be awarded an Agreement containing public works elements unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code § 1725.5. Registration with DIR shall be maintained throughout the entire term of this Agreement, including any Agreement amendments. B. CONSULTANT and all Subconsultants shall comply with all of the applicable provisions of the California Labor Code which include, but are not limited to, payment of prevailing wages. The General Prevailing Wage Rate Determinations applicable to work under this Agreement are available and on file with the Department of Transportation's Regional/District Labor Compliance Officer (httl)s://dot.ca.gov/programs/construction/labor-coml)liance). These wage rates are made a specific part of this Agreement by reference pursuant to Labor Code § 1773.2 8 of 29 and will be applicable to work performed at a construction project site. Prevailing wages will be applicable to all inspection work performed at CITY construction sites, at CITY facilities and at off-site locations that are set up by the construction contractor or one of its subcontractors solely and specifically to serve CITY projects. Prevailing wage requirements do not apply to inspection work performed at the facilities of vendors and commercial materials suppliers that provide goods and services to the general public. C. General Prevailing Wage Rate Determinations applicable to this project may also be obtained from the Department of Industrial Relations Internet site at http://www.dir.ca.gov. D. Payroll Records 1. CONSULTANT and each Subconsultanf shall keep accurate certified payroll records and supporting documents as mandated by Labor Code § 1776 and as defined in 8 CCR § 16000 showing the name, address, social ,security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by CONSULTANT or Subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: a. The information contained in the payroll record is true and correct. b. The employer has,complied with the requirements of Labor Code § 1771, § 1811, and § 1815 for any work performed by his or her employees on the public works project. 2. The payroll records enumerated under paragraph (1) above shall be certified as correct by CONSULTANT under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by CITY representative's at all reasonable hours at the principal office of CONSULTANT. CONSULTANT shall provide copies of certified payrolls or permit inspection of its records as follows: a. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request. b. A certified copy of all payroll records enumerated in paragraph (1) above, shall be made available for inspection or furnished upon request to a representative of CITY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to CITY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by CONSULTANT. c. The public shall not be given access to certified payroll records by CONSULTANT. CONSULTANT is required to forward any requests for certified payrolls to CITY's Contract Administrator by both email and regular mail on the business day following receipt of the request. 9of29 3. CONSULTANT shall submit a certified copy of the records enumerated in paragraph (1) above, to the entity 'that requested the records within ten (10) calendar days after receipt of a written request. 4: Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by CITY shall be marked or obliterated in such a,manner as to prevent-disclosure of each individual's name, address, and social security number. The, name and address of CONSULTANT or Subconsultant performing the work shall not be marked or obliterated. 5. CONSULTANT shall inform CITY of the location of the records enumerated under paragraph (1) above, including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and 'address. 6. CONSULTANT or Subconsultant shall have ten (10) calendar, days in which to comply subsequent to receipt of written notice requesting the records enumerated in paragraph (1) above. In the event CONSULTANT or Subconsultant fails to comply within the ten (10) day period, he or she shall, as a penalty to CITY, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties shall be withheld by CITY from payments then due. CONSULTANT is not subject to a penalty assessment pursuant to this section due to the failure of a Subconsultant to comply with this section. E. When prevailing wage rates apply, CONSULTANT is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by CITY's Contract'Administrator. F. Penalty 1. CONSULTANT and any of its Subconsultants shall comply with Labor Code § 1774 and § 1775. Pursuant to Labor Code § 1775, CONSULTANT and any Subconsultant shall forfeit to CITY a penalty of riot more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the AGREEMENT by CONSULTANT or by its,Subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code §§ 1770 to 1780, inclusive. 2. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of CONSULTANT or Subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of CONSULTANT or Subconsultant in meeting their respective prevailing wage obligations, or the.willful failure by CONSULTANT or Subconsultant to pay the'correct ratesrof prevailing wages. A.mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if CONSULTANT or Subconsultant had knowledge of the obligations under the Labor Code. CONSULTANT is responsible for paying. the appropriate rate, including any escalations that take place during the term of the Agreement. 3. In addition to the penalty and pursuant to Labor Code, § 1775, the difference between the prevailing wage rates and the amount paid to each worker for each 10 of 29 calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by CONSULTANT or Subconsultant. 4. If a worker employed by a Subconsultant on a public works project is not paid the general prevailing per diem wages by the Subconsultant, the prime CONSULTANT of the project is not liable for the penalties described above unless the prime CONSULTANT had knowledge of that failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the prime CONSULTANT fails to comply with all of the following requirements: a. The AGREEMENT executed between CONSULTANT and the Subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815. b. CONSULTANT shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant to the employees by periodic review of the certified payroll records of the Subconsultant. c. Upon becoming aware of the Subconsultant's failure to pay the specified prevailing rate of wages to the Subconsultant's workers, CONSULTANT shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant for work performed on the public works project. d. Prior to making final payment to the Subconsultant for work performed on the public works project, CONSULTANT shall obtain an affidavit signed under penalty of perjury from the Subconsultant that the Subconsultant had paid the specified general prevailing rate of per diem wages to the Subconsultant's employees on the public works project and any amounts due pursuant to Labor Code §1813. 5. Pursuant to Labor Code § 1775, CITY shall notify CONSULTANT on a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant has failed to pay workers the general prevailing rate of per diem wages. 6. If CITY determines that employees of a Subconsultant were not paid the general prevailing rate of per diem wages and if CITY did not retain sufficient money under the AGREEMENT to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, CONSULTANT shall withhold an amount of moneys due the Subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by CITY. G. Hours of Labor Eight (8) hours labor constitutes a legal day's work. CONSULTANT shall forfeit, as a penalty to CITY, twenty-five dollars ($25) for each worker employed in the execution of the Agreement by CONSULTANT or any of its Subconsultants for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of the Labor Code, and in particular §§ 1810 to 1815 thereof, inclusive, 11 or29 except that work performed by employees in excess of eight (8) hours per day, and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day and forty (40) hours in any week, at not less than one and one-half(1.5) times the basic rate of pay, as provided in § 1815. HEmployment of Apprentices 1. Where either this Agreement or a subagreement exceeds thirty thousand dollars ($30,000), CONSULTANT and any subconsultants under him or her shall comply with all applicable requirements of Labor Code §§ 1777.5, 1777.6 and 1777.7 in the employment of apprentices. 2. CONSULTANT and any ubconsultants are required to comply with all Labor Code requirements regarding the employment of apprentices, including mandatory ratios of journey level to apprentice workers. Prior to commencement of work, CONSULTANT and subconsultants are advised to contact the DIR Division of Apprenticeship Standards website at https://www.dir.ca'.gov/das/, for additional information regarding the employment of apprentices and for the specific journey-to- apprentice ratios for the Agreement work. CONSULTANT is responsible for all subconsultants' compliance with these requirements. Penalties are specified in Labor Code § 1777.7. ARTICLE XIII WORKERS' COMPENSATION CERTIFICATION By its signature hereunder, CONSULTANT certifies that it is aware of the provisions of § 3700 of the California Labor Code that require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and "agrees, to comply with such provisions before commencing the performance of any Services. ARTICLE XIV CONFLICT OF INTEREST A. CONSULTANT covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. CONSULTANT further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, CONSULTANT shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. CONSULTANT shall not accept any employment or representation during the term of this Agreement which is or may likely make CONSULTANT "financially interested" (as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which CONSULTANT has been retained. B. CONSULTANT further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for CONSULTANT , to solicit or obtain this Agreement. Nor has CONSULTANT paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for CONSULTANT, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or 12 of 29 violation of this.warranty, CITY shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to CONSULTANT hereunder the full amount or value of any such fee, commission, percentage or gift. C. CONSULTANT warrants and maintains that it has no knowledge that any officer or employee of CITY has any interest, whether contractual, non-contractual, financial, proprietary, or otherwise, in this transaction or in the business of CONSULTANT, and that if any such interest comes to the knowledge of CONSULTANT at any time during the Term of this Agreement or any approved extension, CONSULTANT shall immediately make a complete, written disclosure of such interest to CITY, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this paragraph. D. During the Term of this Agreement, or any approved extension, CONSULTANT shall disclose any financial, business, or other relationship with CITY that may ,have an impact upon the outcome of this Agreement or any ensuing CITY construction project. CONSULTANT shall also list current clients who may have a financial interest in the outcome of this Agreement or any'ensuing CITY construction project which will follow. E. CONSULTANT hereby certifies that CONSULTANT and any Subconsultant and any firm affiliated with CONSULTANT or Subconsultant that bids on any construction contract' or on any agreement to provide construction inspection for any construction project resulting from this Agreement, has established necessary controls to ensure a conflict of interest does not exist. An affiliated firm is one, which is subject to the control of the same persons, through joint ownership or otherwise. ARTICLE XV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION CONSULTANT warrants that this Agreement was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any CITY employee. For breach or violation :of this warranty, CITY shall have the right, in its discretion, to terminate this Agreement without liability, to pay only for the value of the work actually performed, or to deduct from this Agreement price or otherwise recover the full amount of such rebate, kickback or other unlawful consideration. ARTICLE XVI NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE A. CONSULTANT's signature affixed herein and dated shall constitute a certification under penalty of perjury under the laws of the State of California that CONSULTANT has, unless exempt, complied with, and shall comply with, the nondiscrimination program requirements of California Government Code § 12990 and 2 CCR § 8103. B. During the performance of this Agreement, CONSULTANT and its Subconsultants shall not deny the Agreement's benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical 13 of 29 disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, military and veteran status. CONSULTANT and Subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. C. CONSULTANT and Subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code § 12990 et seq.), the applicable regulations promulgated there under (2 CCR § 11000 et seq.), the provisions of Gov. Code §§11135-11139.5, and the regulations or standards adopted by CITY to implement such article. The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code § 12990 (a-f), set forth 2 CCR §§ 8100-8504, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. D. CONSULTANT shall permit access by representatives of the Department of Fair Employment and Housing and CITY upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours' notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or CITY shall require to ascertain compliance with this clause. E. CONSULTANT and its Subconsultants shall give written notice of their obligations under this article to labor organizations with which they have a collective bargaining or other agreement. F. CONSULTANT shall include the nondiscrimination and compliance provisions of this article in all subcontracts to perform work under this Agreement. G. CONSULTANT, with regard to the Services performed under this Agreement, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the United States shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest. H. CONSULTANT shall comply with regulations relative to non-discrimination in federally- assisted programs of the U.S. Department of Transportation (49 CFR Part 21 - Effectuation of Title VI of the Civil Rights Act of 1964). Specifically, CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR § 21.5, including employment practices and the selection and retention of Subconsultants. I. During the performance of this Agreement, CONSULTANT, for itself, its Subconsultants, assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1. Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Acts and the Regulations relative to Non- discrimination in Federally-assisted programs of the U.S. Department of 14 of 29 Transportation, Federal Highway Administration, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. 2. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, national origin, age, sex, or disability in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. 3. Solicitation for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, national origin, age, sex, or disability. 4. Information and Reports: The contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Recipient or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the Recipient or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non-discrimination provisions of this contract, the Recipient will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: 1. withholding payments to the contractor under the contract until the contractor complies; and/or 2. cancelling, terminating, or suspending a contract, in whole or in part. 6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one through five in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the Recipient or the FHWA may direct as a means of enforcing such provisions including sanctions for 15 of 29 noncompliance. Provided, that if the contractor becomes involved in, or threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. ARTICLE XVII DEBARMENT AND SUSPENSION CERTIFICATION A. CONSULTANT's signature affixed herein shall constitute a certification under penalty of perjury under the laws of the State of California, that CONSULTANT and/or any person associated therewith in the capacity of owner, partner, director, officer or manager: 1. Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; 2. Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; 3. Does not have a proposed debarment pending; and 4. Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years. B. Any exceptions to this certification must be disclosed to CITY. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining responsibility. Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action. C. Exceptions to the Federal Government Excluded Parties List System maintained by the U.S. General Services Administration are to be determined by FHWA. ARTICLE XVIII INSURANCE A. CONSULTANT shall not commence work under this Agreement until it has provided evidence satisfactory to CITY that CONSULTANT has secured all insurance required under this Article. CONSULTANT shall furnish CITY with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to CITY. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the CITY if requested. All certificates and endorsements shall be received and approved by CITY before work commences. CITY reserves the right to require complete, certified copies of all required insurance policies and endorsements, at any time. B. CONSULTANT shall, at its expense, procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to 16 of 29 do business in California, and satisfactory to the City. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); (3) Workers' Compensation and Employer's Liability coverages; and (4) Professional Liability coverage (or Errors and Omissions coverage). CONSULTANT shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; (3) Workers' Compensation in the amount required by law and Employer's Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease; and (4) Professional Liability (or Errors and Omissions Liability, as appropriate): $1,000,000 per claim/aggregate, and if a "claims made' policy is provided, then the policy shall be endorsed to provide an extended reporting period of not less than three years. C. The insurance policies shall contain the following provisions, or CONSULTANT shall provide endorsements on forms supplied or approved by CITY to state: (1) coverage shall not be suspended, voided, reduced or canceled except after 30 days prior written notice by certified mail, return receipt requested, has been given to CITY, (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the CITY, its officials, officers, employees, agents and volunteers, and independent contractors serving in the role of CITY officials; (3) coverage shall be primary insurance as respects CITY, its officials, officers, employees, agents, volunteers, and independent contractors serving in the role of CITY officials, or if excess, shall stand in an unbroken chain of coverage excess of CONSULTANT's scheduled underlying coverage and that any insurance or self- insurance maintained by CITY, its , officials, officers, employees, agents, volunteers and independent contractors serving in the role of CITY officials, shall be excess of CONSULTANT's insurance and shall not be called upon to contribute with it; (4) for general liability insurance and automobile liability insurance, that CITY, its officials, officers, employees, agents, designated volunteers and agents serving as independent contractors in the role of CITY officials, shall be covered as,additional insureds with respect to the work performed by or on behalf of CONSULTANT, including without limitation materials, parts or equipment furnished in connection with such work; and (5) for automobile liability, that CITY, its officials, officers, employees, agents, designated volunteers and agents serving as independent contractors serving in the role of CITY officials, shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by CONSULTANT or for which CONSULTANT is responsible. D. All insurance required by this Article shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to CITY, its officials, officers, employees, agents, volunteers, and independent contractors serving in the role of CITY officials. E. Any deductibles or self-insured retentions shall be declared to and approved by CITY. CONSULTANT guarantees that, at the option of CITY, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects CITY, its 17 of 29 officials, officers, employees, agents, volunteers, and independent contractors serving in the role of CITY officials; or (2) CONSULTANT shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. F. Each insurance policy, except for any professional liability policy, required by this Article shall expressly waive the insurer's right of subrogation against CITY, its officials, officers, employees, agents, designated volunteers and agents serving as independent contractors in the role of CITY officials. G. Each insurance policy required by this Article shall be endorsed to state that coverage shall not be canceled or materially modified except after 30 days prior written notice by first class mail has been given to CITY. H. CONTRACTOR's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. ARTICLE XIX FUNDING REQUIREMENTS AND APPROPRIATIONS A. This Agreement is subject to and contingent upon funds being appropriated therefore by the Seal Beach City Council for each fiscal year or portion thereof covered by the Agreement. In addition to.any other provision of this Agreement, if such appropriations are not made, the City"Manager may terminate this Agreement as provided in Article VI of this Agreement; otherwise, there shall be no funding for any work or other Services and Consultant shall not be entitled to payment for any work or other Services that Consultant may provide. B. It is mutually understood between the parties 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. C. This Agreement is valid.and enforceable only if sufficient funds are made available to CITY 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, or City Council of CITY that may affect the provisions, terms, or funding'of this Agreement in any manner. D. It is mutually agreed that if sufficient funds are not appropriated, this Agreement may be amended to reflect any reduction in funds. E. CITY has the option to terminate the Agreement pursuant to Article VI Termination, or by mutual agreement to amend the Agreement to reflect any reduction of funds. ARTICLE XX CHANGE IN TERMS A. This Agreement may be amended or modified only by mutual written agreement of the parties. 18 of 29 B. CONSULTANT shall only commence work covered by an Agreement amendment after the amendment is fully executed by both Parties and notice to proceed has been provided by CITY's Contract Administrator to CONSULTANT. C. There shall be no change in CONSULTANT's Project Manager or members of the project team, as listed in the approved Cost Proposal, which is a part of this Agreement without prior written approval by CITY's Contract Administrator. ARTICLE XXI CONTINGENT FEE CONSULTANT warrants, by execution of this Agreement that no person or selling agency has been employed, or retained, to solicit or secure this Agreement upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by CONSULTANT for the purpose of securing business. For breach or violation of this warranty, CITY has the right to annul this Agreement without liability; pay only for the value of the work actually performed, or in its discretion to deduct from the Agreement price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee. ARTICLE XXII DISPUTES Prior to either party commencing any legal action under this Agreement, the parties agree to try in good faith, to settle any dispute amicably between them. If a dispute has not been settled after forty-five (45) days of good-faith negotiations and as may be otherwise provided herein, then either party may commence legal action against the other. A. Any dispute, other than audit, concerning a question of fact arising under this Agreement that is not disposed of by agreement shall be decided by a committee consisting of CITY's Contract Administrator, and Director of Public Works, who may consider written or verbal information submitted by CONSULTANT. B. Not later than thirty (30) calendar days after completion of all milestones and/or deliverables necessary to complete the plans, specifications and estimate, CONSULTANT may request review by City Council of CITY of unresolved claims or disputes, other than audit. The request for review will be submitted in writing. C. Neither the pendency of a dispute, nor its consideration by the committee will excuse CONSULTANT from full and timely performance in accordance with the terms of this Agreement. ARTICLE XXIII INSPECTION OF WORK CONSULTANT and any Subconsultant shall permit CITY, the State, and the FHWA if federal participating funds are used in this Agreement, to review and inspect the project activities and files at all reasonable times during the performance period of this Agreement. 19 of 29 ARTICLE XXIV. SAFETY A. CONSULTANT shall comply with CAL OSHA or OSHA regulations applicable to CONSULTANT regarding necessary safety equipment or procedures. CONSULTANT shall comply with safety instructions issued by CITY Safety Officer and other CITY representatives. CONSULTANT personnel shall wear hard hats and safety vests at all times while working on the construction project site. B. Pursuant to the authority contained in Vehicle Code § 591, CITY has determined that such areas are within the limits of the project and are open to public traffic. CONSULTANT shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. CONSULTANT shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles. ARTICLE XXV. OWNERSHIP OF DATA AND OTHER WORK PRODUCT A. It is mutually agreed that all documents, plans, investigations, appraisals, inventories, studies, analyses, specifications, reports, information, drawings, data, data estimates, exhibits, photographs, images, video files, media and other materials created, prepared or developed by CONSULTANT under this Agreement ("Written Products") shall become the property of CITY without restriction or limitation upon its use, duplication or dissemination by CITY, and CONSULTANT shall have no property rights therein whatsoever. Immediately upon termination, CITY shall be entitled to, and CONSULTANT shall deliver to CITY, all Written Products performed to that date, whether completed or not, and other such materials as may have been prepared or accumulated to date by CONSULTANT in performing this Agreement which is not CONSULTANT's privileged information, as defined by law, or CONSULTANT's personnel information, along with all other property belonging exclusively to CITY which is in CONSULTANT's possession. Publication of the information derived from work performed or data obtained in connection with Services rendered under this Agreement must be approved in writing by CITY. B. All Written Products shall be considered "works made for hire," and all Written Products and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of City without restriction or limitation upon their use, duplication or dissemination by City. Consultant shall not obtain or attempt to obtain copyright protection as to any Written Products. C. CONSULTANT hereby assigns to CITY all ownership and any and all intellectual property rights to the Written Products that are not otherwise vested in CITY pursuant to Paragraph (B) of this Article. D. Nothing herein shall constitute or be construed to be any representation by CONSULTANT that the work product is suitable in any way for any other project except the one detailed in this Agreement. Any reuse by CITY for another project or project location shall be at CITY's sole risk. 20 of 29 E. Applicable patent rights provisions regarding rights to inventions shall be included in the contracts as appropriate (48 CFR 27 Subpart 27.3 - Patent Rights under Government Contracts for federal-aid contracts). F. CITY may permit copyrighting reports or other agreement products. If copyrights are permitted, the Agreement shall provide that the FHWA shall have the royalty-free nonexclusive and irrevocable right to reproduce, publish, or otherwise use, and to authorize others to use, the work for government purposes. G. CONSULTANT warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of all Written Products produced under this Agreement, and that CITY has full legal title to and the right to reproduce the Written Products. CONSULTANT shall defend, indemnify and hold City, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of CITY officials, harmless from any loss, claim or liability in any way related to a claim that CITY's use of any of the Written Products is in violation of federal, state or local laws, or any contractual provisions, or any laws relating to •trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products or inventions. CONSULTANT shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the Services and Written Products produced under this Agreement. In the event the use of any of the Written Products or other deliverables hereunder by CITY is held to constitute an infringement and the use of any of the same is enjoined, CONSULTANT, at its expense, shall: (1) secure for CITY the right to continue using the Written Products and other deliverables by suspension of any injunction, or by procuring a license or licenses for CITY; or (2) modify the Written Products and other deliverables so that they become non-infringing while remaining in compliance with the requirements of this Agreement. This covenant shall survive the termination or expiration of this Agreement. H. Upon expiration or termination of the Agreement, CONSULTANT shall deliver to CITY all Written Products and other deliverables related to any Services performed pursuant to this Agreement without additional cost or expense to CITY. If CONSULTANT prepares a document on a computer, CONSULTANT shall provide CITY with said document both in a printed format and in an electronic format that is acceptable to CITY. ARTICLE XXVI CLAIMS FILED BY CITY'S CONSTRUCTION CONTRACTOR A. If claims are filed by CITY's construction contractor relating to work performed by CONSULTANT's personnel, and additional information or assistance from CONSULTANT's personnel is required in order to evaluate or defend against such claims; CONSULTANT agrees to make its personnel available for consultation with CITY'S construction contract administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings. 21 of 29 B. CONSULTANT's personnel that CITY considers essential to assist in defending against construction contractor claims will be made available on reasonable notice from CITY. Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for CONSULTANT's personnel services under this Agreement. C. Services of CONSULTANT's personnel in connection with CITY's construction contractor claims will be performed pursuant to a written contract amendment, if necessary, extending the termination date of this Agreement in order to resolve the construction claims. ARTICLE XXVII CONFIDENTIALITY OF DATA A. All financial, statistical, personal, technical, or other data and information relative to CITY's operations, which are designated confidential by CITY and made available to CONSULTANT in order to carry out this Agreement, shall be protected by CONSULTANT from unauthorized use and disclosure. B. Permission to disclose information on one occasion, or public hearing held by CITY relating to the Agreement, shall not authorize CONSULTANT to further disclose such information, or disseminate the same on any other occasion. C. CONSULTANT shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this Agreement without prior review of the contents thereof by CITY, and receipt of CITY'S written permission. D. All subcontract agreements entered into as a result of this Agreement shall contain all provisions of this Article. E. All information related to the construction estimate is confidential, and shall not be disclosed by CONSULTANT to any entity, other than CITY, Caltrans, and/or FHWA. ARTICLE XXVIII NATIONAL LABOR RELATIONS BOARD CERTIFICATION In accordance with Public Contract Code § 10296, CONSULTANT hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against CONSULTANT within the immediately preceding two- year period, because of CONSULTANT's failure to comply with an order of a federal court that orders CONSULTANT to comply with an order of the National Labor Relations Board. ARTICLE XXIX EVALUATION OF CONSULTANT CONSULTANT's performance will be evaluated by CITY. A copy of the evaluation will be sent to CONSULTANT for comments. The evaluation together with the comments shall be retained as part of the Agreement record. 22 of 29 ARTICLE XXX RETENTION OF FUNDS A. No retainage will be withheld by CITY from progress payments due CONSULTANT. Retainage by CONSULTANT or Subconsultants is prohibited, and no retainage will be held by CONSULTANT from progress due Subconsultants. Any violation of this provision shall subject the violating CONSULTANT or Subconsultants to the penalties, sanctions, and other remedies specified in Business and Professions Code § 7108.5. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available, to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT or deficient subconsultant performance, or noncompliance by a subconsultant. This provision applies to both DBE and non-DBE CONSULTANT and Subconsultants. ARTICLE XXXI NOTIFICATION All notices hereunder and communications regarding interpretation of the terms of this Agreement and changes thereto, shall be effected by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid, and addressed as follows: CONSULTANT: KIMLEY-HORN AND ASSOCIATES, INC. JASON MELCHOR, Project Manager 1100 W. TOWN & COUNTRY ROAD, SUITE 700 ORANGE, CA 92868 CITY: CITY OF SEAL BEACH IRIS LEE Contract Administrator 211 - 8TH STREET S ALREACH, CA 90740 ARTICLE XXXII INDEPENDENT CONTRACTOR A. CONSULTANT is an independent contractor and not an employee of CITY. All work or other services provided pursuant to this Agreement shall be performed by or by CONSULTANT 's employees or other personnel under CONSULTANT 's supervision, and CONSULTANT and all of CONSULTANT 's personnel shall possess the qualifications, permits, and licenses required by State and local law to perform such work and other services, including, without limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code. CONSULTANT will determine 23 of 29 the means, methods, and details by which CONSULTANT 's personnel will perform the Services. CONSULTANT shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the work and other services and compliance with the customary professional standards. B. All of CONSULTANT 's employees and other personnel performing any of the work and other services under this Agreement on behalf of CONSULTANT shall also not be employees of CITY and shall at all times be under-CONSULTANT 's exclusive direction and control. CONSULTANT and CONSULTANT 's personnel shall not supervise any of CITY's employees; and CITY's employees shall not supervise CONSULTANT 's personnel. CONSULTANT 's personnel shall not wear or display any CITY uniform, badge, identification number, or other information identifying such individual as an employee of CITY, and CONSULTANT 's personnel shall not use any CITY e-mail address or CITY telephone number in the performance of any of the work or other services under this Agreement. CONSULTANT shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as CONSULTANT's personnel require to perform any of the work or other services required by this Agreement. CONSULTANT shall perform all work or other services off of CITY premises at locations of CONSULTANT's choice, except as otherwise may from time to time be necessary in orderfor CONSULTANT's personnel' to receive projects from CITY, meet with CITY officials or employees, review plans on file at CITY, pick up or deliver any work product related to CONSULTANT's performance of any of the work or other services under this Agreement, or as may be necessary to inspect or visit CITY locations and/or private property to perform such work or other services. CITY may make a computer available to CONSULTANT from time to time for CONSULTANT's personnel to obtain information about or to check on the status of projects pertaining to the work or other services under this Agreement. C. CONSULTANT shall be responsible for and pay all wages, salaries, benefits and other amounts due to CONSULTANT's personnel in connection with their performance of any work or other services under this Agreement and as required by law. CONSULTANT shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability' insurance, and workers' compensation insurance. Notwithstanding any other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, CONSULTANT and any of its officers, employees, agents, and subcontractors providing any of the work or other services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by CITY, including but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System ("PERS") as an employee of CITY, and entitlement to any contribution to be paid by CITY for employer contributions or employee contributions for PERS benefits. D. CONSULTANT shall indemnify and hold harmless CITY and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of CITY officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to CONSULTANT's personnel practices. or to the extent arising from, caused by or relating to the violation of any of the provisions of this Article XXXIII. In addition to all other remedies available under law, CITY shall have the right to offset against the 24 of 29 amount of any fees due to CONSULTANT under this Agreement any amount due to CITY from CONSULTANT as a result of CONSULTANT's failure to promptly pay to CITY any reimbursement or indemnification arising under this Article. This duty of indemnification is in addition to CONSULTANT's duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. ARTICLE XXXIII PERS COMPLIANCE AND INDEMNIFICATION A. General Requirements. The Parties acknowledge that CITY is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. CONSULTANT agrees that, in providing its employees and any other personnel to CITY to perform any work or other services under this Agreement, CONSULTANT shall assure compliance with the Public Employees' Retirement Law, commencing at Government Code § 20000, the regulations of PERS, and the Public Employees' Pension Reform Act of 2013, as amended. Without limitation to the foregoing, CONSULTANT shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause CITY to be in violation of the applicable retirement laws and regulations. B. Indemnification. CONSULTANT shall defend (with legal counsel approved by CITY, whose approval shall not be unreasonably withheld), indemnify and hold harmless CITY, and CITY'S officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of CITY officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to CONSULTANT's violation of any provisions of this Article XXXIII. This duty of indemnification is in addition to CONSULTANT's duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. ARTICLE XXXIV INDEMNIFICATION, HOLD HARMLESS AND DUTY TO DEFEND A. Indemnification. To the fullest extent permitted by law, and with respect to any work or other services contained in the Services that are not performed by a "design professional" as defined in California Civil Code § 2782.8, CONSULTANT shall indemnify, defend, and hold the City of Seal Beach, its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those CITY agents serving as independent contractors in the role of CITY officials (collectively "Indemnitees" in this Article XXXIV) free and harmless with respect to all claims, demands, bid protests, proposal protests, suits, actions, proceedings, liabilities, damages, fines, penalties, losses, attorneys' fees and other related costs of defense including without limitation, disbursements, court costs and costs of professionals and experts, and the payment of all consequential damages and all other costs and expenses of any kind or nature whatsoever, whether actual, alleged or threatened (collectively "CLAIMS"), including but expressly not limited to, any failure to comply with applicable law, any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise where the same arise out of, pertain to, relate to or are connected with, in whole or in part, the acts or omissions of CONSULTANT or 25 of 29 any of CONSULTANT's officers, directors, agents, servants, employees, subconsultants, contractors, subcontractors, or their officers, directors, agents, servants, or employees(or any entity or individual for which CONSULTANT shall bear legal liability), in the performance'of this Agreement, excepting only such CLAIMS that arise solely'out of CITY's active negligence..or sole willful misconduct as determined by final arbitration or court decision or by the agreement of the Parties CONSULTANT's indemnity obligations hereunder also include, but are not limited to, defending, indemnifying and holding the. Indemnitees free and harmless from any and all stop notices and/or any other kinds of liens, and for claims that prevailing wages have not been paid, as required by law. B. Indemnity for Design Professional Services. With respect to any work or other Services performed by a "design professional" as defined in California Civil Code § 2782.8, and to the fullest extent permitted'by law, CONSULTANT shall, at its sole cost and expense, indemnify and hold harmless CITY and the other (Indemnitees (as defined in Paragraph (A) of this Article XXXIIV, above), from and against any and all claims, demands, bid protests, proposal protests, suits, actions, proceedings, liabilities, damages, fines, penalties, losses of any nature whatsoever, including fees of accountants and other professionals, and all costs associated therewith, and reimbursement of attorneys' fees,and other related and costs of defense, including but without limitation, disbursements, court costs and costs of professionals and experts, whether actual, alleged or threatened (collectively"LIABILITIES"), where to the extent the same arise out of, pertain to, or relate to; or are connected with, in whole or in part, the negligence, recklessness or willful misconduct of CONSULTANT and/or its officers, directors,: agents, servants, employees, subconsultants,, subcontractors, contractors or their officers, directors, agents, servants or employees (or any entity or individual that CONSULTANT shall bear the .legal 'liability thereof) in the performance of design professional services under this Agreement. Notwithstanding the foregoing and as required by Civil Code,§ 27828(a), in no event shall the cost to defend the Indemnitees that is charged to CONSULTANT exceed CONSULTANT 's proportionate percentage of fault. C. Subconsultant and Subcontractor Indemnification. CONSULTANT shall obtain executed indemnity agreements with provisions identical to those in this Article XXXIV from each and every Subconsultant or subcontractor or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. If CONSULTANT fails to obtain such indemnities, CONSULTANT shall be fully responsible and indemnify, hold harmless and defend,the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged or'threatened, which arise out of; are claimed to arise out of, pertain to, or relate to the acts or omissions of CONSULTANT's Subconsultant or subcontractor, or any of its officers, agents; servants, employees, subcontractors, materialmen, contractors or their officers, agents,, servants or employees (or any entity or individual that CONSULTANT's Subconsultant or subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for CLAIMS or LIABILITIES arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. 26 of 29 D. Insurance Not Limiting. The obligations of CONSULTANT under this or any other provision of this Agreement shall not be limited by the provisions of any workers' compensation act or similar act. CONSULTANT expressly, waives any statutory immunity under such statutes or laws as to the Indemnitees. CONSULTANT's indemnity obligations set forth in this Article XXXIV shall not be limited by the limits of any policies of insurance required or provided by CONSULTANT pursuant to this Agreement, and the indemnification obligations of this Article XXXIV shall apply to all CLAIMS and LIABILITIES regardless,of whether any insurance policies are applicable. CITY and the other Indemnitees do not, and shall not, waive any rights that they may possess against CONSULTANT because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. E. Survival. CONSULTANT's covenants under this Article XXXIV shall survive the expiration or termination of this Agreement, and are in addition to any other rights or remedies that Indemniteees°may have under the law. Payment is not required as a condition precedent of an Indemnitee's right to recover under this Article XXXIV, and an entry of judgment against CONSULTANT shall be conclusive In favor of the Indemnitees' right to recover under this Article XXXIV. ARTICLE XXXV MISCELLANEOUS A. Assignment CONSULTANT shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of CITY. Any purported assignment without such consent shall be void and without effect. B. Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both Parties. C. Severability. T§ he invalidity in whole or in part of any°provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. D. Governing Law: Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. The Parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. E. No Third Party Rights. No third party shall be deemed to have any rights hereunder against either Party as a result of this Agreement. F. Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. G. Exhibits. All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control. 27 of 29 H. Titles and Headings. The titles and headings used in this Agreement are for convenience only and shall in no way define, limit or describe the scope or intent of this Agreement or any part of it. I. Counterparts. This Agreement may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes. K. Corporate Authority. The person executing this Agreement on behalf of CONSULTANT warrants that he or she is duly authorized to execute this Agreement on behalf of said party and that by his or her execution, the CONSULTANT is formally bound to the provisions of this Agreement. 28 of 29 IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written. CITY OF SEAL BEACH CONSULTANT: Kimley-Horn and Associates, Inc., a North Carolina corporation 7— By. I. OgfaM WJason UelN,P.0 Re[cgram, CityOana o By: Oab AE1 M U IsmNN.dY Name: Jason Melchor Its: Associate/Assistant Secretary Attest: ��BEA�y_ cs�J�o�AGTFO me: Brian Gillis gy; s� .1�j Vice President PE#63021 (CA) Gloria D. Ha er, City ler C/ se note, two signatures required O,q fir/ eth =` f4r corporations pursuant to California Approved as to For q/P' E Q Forporations Code Section 313 from Teach of the following categories: (i) the chairperson of the board, the president By: or any vice president, and (ii) the Crai . Steele, City Attorney secretary, any assistant secretary, the chief financial officer or any assistant treasurer of such corporation.) 29 of 29 EXHIBIT A Request for Proposal City of Seal Beach Request for Proposals for Local Roadway Safety Plan (LRSP) Adv Project ID: 1221000027 ovo®0000aa00 40 o se el 0� e� e A 0 0 • 0 • 00tto 0°• C, %a RFP responses to be received until 2:00 P.M., April 7, 2021 in the Public Works,Department ATTN: Iris Lee, Deputy Director of Public Works/City Engineer Approved for Advertising: Iris Lee City Engineer Date Issued: March 10, 2021 CQ i ���LLG(Y/®/FY'lfGa Pobllo Worn Table of Contents I. INTRODUCTION II, QUALIFICATIONS III, SCOPE OF SERVICES IV. DELIVERABLES V. ADMINISTRATIVE ELEMENTS VI. PRE-PROPOSAL QUESTIONS VII. SCHEDULE VIII. SUBMITTAL REQUIREMENTS IX. FEE PROPOSAL X. INTERVIEW XI. SELECTION PROCESS XII. GENERAL CONDITIONS EXHIBIT A— Sample Professional Services Agreement EXHIBIT B — Caltrans LAPM Chapter 10 Forms Exhibit A - Sample Professional Services Agreement intentionally omitted. j ���,� Publlo b�orks REQUEST FOR PROPOSALS FOR Local Road Safety Plan (LRSP) I. INTRODUCTION Federal regulations require each State to have a Strategic Highway Safety Plan (SHSP). Whereas a SHSP is a statewide approach to improve roadway safety, a Local Roadway Safety Plan (LRSP) is a means by which local agencies can address unique roadway safety needs within their jurisdiction while contributing to the success of the SHSP. On October 8, 2019, the State of California Department of Transportation (Caltrans) set aside state funds to assist local agencies in developing their roadway safety plans, and the City of Seal Beach (City) applied for funding on December 17,2020. The City's LRSP application of December 17, 2020 was included in the "List of Funded Projects for Developing Local Roadway Safety Plan (LRSP)" projects released by Caltrans on December 31,2020. The City is seeking proposals qualified professional engineering firms for development and preparation of a LRSP. The purpose for the plan is to review the best safety practices, policies, and programs and identify opportunity areas for the City to enhance safety on public roads. The goal is to leverage funding and local partnerships, when available, and incorporate them into the City's long range capital improvement program. This LRSP will be the first step in demonstrating the City's commitment to the prioritization of roadway safety. The LRSP shall address unique transportation and roadway element requirements while providing a framework to systematically identify and analyze safety problems and recommend safety improvements that can be tailored to the City's local protocols, needs and issues. The LRSP is intended to serve as a living document, which can be updated to reflect changing needs and priorities in the City while aligning itself with the California State SHSP, federal programs— including Highway Safety Improvement Program (HSIP), and other safety program applications along with funding eligibility, with the intent to reduce fatalities and serious injuries on public roads. II. QUALIFICATIONS Minimum Qualifications • Valid California Professional Civil Engineering and/or Traffic Engineering license for the discipline of Work. • Valid City of Seal Beach business license for the term of the Agreement, if selected. • Prior experience in preparing an LRSP for similar sized municipalities, with satisfactory references. • Proficiency with applicable regulatory agencies' rules and regulations, or ability to subcontract a firm to provide such services. Desirable Qualifications • Knowledge and experience with the City of Seal Beach's standards and practices. III. SCOPE OF SERVICES Task 1:Project Management The City is seeking proposals for development and preparation of an LRSP. The purpose for the plan is to review the best safety practices, policies, and programs and identify opportunity areas for the City to enhance safety on public roads. The goal is to leverage funding and local partnerships, when available,, and incorporate them into the City's long range capital improvement program. This LRSP will be the first step in demonstrating the City's commitment to the prioritization of roadway safety. The LRSP shall address unique transportation and roadway element requirements while providing a framework to systematically identify and analyze safety problems and recommend safety improvements that can be tailored to the City's local protocols, needs and issues. The LRSP is intended to serve as a living document, which can be updated to reflect changing needs and priorities in the City while aligning itself with the California State SHSP, federal programs — including Highway Safety Improvement Program (HSIP), and other safety program applications along with funding eligibility. Intent being the reduction in fatalities and serious injuries on public roads. Task 2:Identify and Engage Safety Partners/Stakeholders The proposed LRSP will be developed in collaboration with key stakeholders that may include the local community, businesses, and local transportation providers (OCTA), Seal Beach Police Department, Orange County Sheriff's Department, Orange County Fire Department, Los Alamitos Unified School District, as well as advocacy groups promoting public health and safety. Safety Partners/Stakeholders will meet up to two (2) times during the development of the plan, either in-person or virtually online at the discretion of the City, to: 1. Identify/establish safety goals,objectives,strategies and emphasis areas; 2. Reviewpotential solutions and countermeasures; 3. Prioritize plans for implementation, and review and comment on the draft LRSP; 4. Review and comment on final draft of the LRS;and, 5. Recommend final approval and adoption of the LRSP by the City Council. Task 3: Existing Plans, Programs and Policies The selected consultant will review the City's related planning documents, policies, plans, programs, and institutional alignment with current safety best practices. The consultant shall produce an inventory of opportunity areas to facilitate improvements in the area of engineering, enforcement, education, emerging technologies, and emergency services. The City's existing documents to be reviewed include but are not limited to: Seal Beach General Plan and Specific Plans, California;Strategic Highway=Safety Plan (SHSP), Caltrans Local Roadway Safety Manual, Caltrans Standard Plans (current edition), FHWA Systemic Safety Project Selection Tool. Task 4: Data.Collection and Analysis The Consultant shall collect collision data for the most recent 5-year period. The consultant will use data collected from the City's collision database, Traffic Information Management System (TIMS), and the Statewide Integrated Traffic Records System (SWITRS). The consultant will review and analyze the crashes, crash types, crash severity, roadway conditions, high incident locations, traffic patterns, roadway features, driver characteristics, vehicle factors, and environmental. conditions. The analysis will give special attention to ,high incident locations, midblock crosswalks, DUI, school-related, bicycle♦ and pedestrian collisions. Data used for the safety data evaluation should also include traffic volumes, number of lanes, and posted speeds. The Consultant will conduct a field review to collect any data or roadway characteristics that are missing or unavailable and to gain an understanding of the City's roadway and Active Transportation network. These include, but are not limited to, roadway volume, roadway cross sections, speed limits, intersection control, bicycle/pedestrian/vehicle conflict zones, suggested routes to,school, truck routes, and streetlights. Task 5: Identify Emphasis Areas The Consultant will collaborate with the City and Safety Partners/Stakeholders to identify top emphasis areas, and establish safety goals and. strategies (including FHWA approved countermeasures) to implement traffic safety. Emphasis Areas describe a transportation safety issues, usually a collision type or mode-specific safety issue that has an opportunity for improvement. The Emphasis Areas will include a focus on pedestrian and bicycle safety. Emphasis areas should include a description and a goal, with a metric of success that can be measured over the life of the plan. The Consultant will identify the top risk factors and areas of emphasis to guide future evaluation and implementation, including programs and practices. Countermeasures will specifically target to address priority areas, and may include installation of pedestrian amenities, pedestrian safety education, and increased data collection and analysis. The Consultant will identify a lead agency for each countermeasure and establish measurable objectives and goals in the draft LRSP for City review. Task 6: Evaluation and Implementation The Consultant will assist the.City in developing a process to implement and evaluate strategies identified in Task 5. A methodology will also be developed to review, revised, and update the plan, and a lead agency will be identified for each countermeasure. Task 7: Development of Final LRSP Identify Near-Term Strategies: The Consultant will identify strategies that may be implemented relatively quickly and/or result in cost savings or cumulative benefits. Determine Evaluation and Implementation: The Consultant will document in final report the plan for Emphasis Areas and strategy evaluation and implementation. Draft and Final Report: The Consultant will develop a draft LRSP based on the findings from Tasks 1-6 following Caltrans guidelines for an LRSP. The Consultant will meet with City staff to review the draft plan and then develop the Final LRSP. The Consultant shall submit the Final LRSP to the City six months after receipt of a formal Notice to Proceed (NTP) and shall make the presentation of the Final LRSP to the City Council. The Consultant will work with City staff to determine the schedule of future updates, including the frequency and possible reporting elements. MCIELIVERABLES The Consultant shall: 1. Convene, at a minimum, three (3) public community/stakeholder meetings — including preparation of agenda and meeting minutes, and presentation to City Council. 2. Prepare the LRSP per Section III (Scope of Services) above, including: a. Preliminary LRSP (65% Complete) b. Draft LRSP (90%Complete) C. Final LRSP (signed and stamped) The Final'LRSP shall be signed and stamped by a current California-registered Civil and/or Traffic Engineer in the.State of California and include supporting documentation. Electronic copies of the Final LRSP and supporting documentation shall also be provided. V. ADMINISTRATIVE ELEMENTS 1. The Consultant will be required to enter into the City's form of professional services agreement. The agreement will incorporate the provisions of the RFP and the Consultant's proposal.The agreement will provide the City with the option to terminate the Consultant's services or cancel the project at any time; including but if not limited to, on the basis of cost. A sample Professional Services Agreement is included in this RFP as Exhibit A. 2. The Consultant shall assign a responsible representative and an alternate to perform the assigned tasks. Both staff members shall be identified in the proposal. The Consultant's representative will be responsible for all duties from contract negotiations through project completion. If the primary"representative is unable to continue with the project, then the alternate representative will become the primary representative. Any other changes in responsible representative must be approved, in advance, by the City. The City will have the right to reject other proposed changes in personnel and may consider any other changes in responsible personnel a breach of contract. 3. Entry into a contract is dependent upon the Consultant having an adequate financial management.and accounting system as required by 48 CFR Part 16.301-3, 48 CFR Part 31 and 2 CFR Part 200, and compliance with all other City requirements. 4. The Consultant shall to complete the project in. six months from the NTP. The City will review the LRSP at the preliminary (65% complete), draft (90% complete) and final (100% complete) stages, respectively. 5. The Consultant will not be allowed to bid on, or benefit from, a construction contract to perform any of the project work. 6. Conflict of Interest Statement. The Consultant shall disclose any financial, business or other relationship with the City of Seal Beach (including City employees and City Council members) that may have an impact upon the outcome of the.contract. The Consultant shall also list current clients who may have a financial interest in the outcome of this contract. 7. Litigation. the Consultant shall indicate if the proposing Consultant was involved with any litigation in connection with prior projects. If yes, briefly describe the nature of the litigation and the result. 8. Financial Responsibility. The Consultant shall provide a brief statement affirming that the consultant's and subconsultants have an adequate financial management and accounting system. 9. The Consultant shall provide all necessary personnel, instruments, equipment, and materials to perform the described services. 10. The City of Seal Beach reserves the right to accept, reject any or all proposals or to waive any defects or irregularities in the proposals or selection process, or to cancel or terminate this procurement. 11. Selection is also subject to State/Caltrans review, acceptance, and compliance with Caltrans Local Assistance Procedures Manual —in particular Chapter 10 and applicable Exhibits therein. VI. PRE-PROPOSAL QUESTIONS For answers to questions or particulars regarding this Request for Proposal, all interested parties are to contact: Iris Lee Deputy Public Works Director/City Engineer Department of Public Works 211 Eighth Street Seal Beach, CA 90740 ilee@sealbeachca.eov (562) 431-2527 ext. 1322 The City will respond in writing to all questions and requests for clarification received by March 29, 2021. All questions and requests for clarification must be in writing. VII. SCHEDULE The following dates reflect the anticipated schedule: Request for Proposal Solicitation 3/10/2021 Pre-Proposal Question Deadline 3/29/2021 Proposal Submittal Deadline 4/7/2021, 2:00 p.m. Consultant Interview (if conducted) April 2021 ■ Contract Award by City Council May 2021 • Notice to Proceed May 2021 VIII. SUBMITTAL REQUIREMENTS Acceptance of Submittals Proposals are due by 2:00-PM on April 7,2021 to the following. Postmarks will not be accepted. Iris Lee Deputy Public Works Director/City Engineer Department of Public Works 211 Eighth Street Seal Beach, CA 90740 ilee@sealbeachca.gov (562) 431-2527 ext. 1322 Please submit one (1) original, two (2) hard copies, and one (1) electronic copy of the Consultant's Proposal. Proposals received after the date and time listed above will not be accepted or considered for this Project. The City is not responsible for any costs or expenses incurred by an firm responding to this RFP, and will not reimburse firms for any costs or expenses incurred in preparing proposals in response to this RFP. The City reserves the right to retain all proposals submitted,,and to use any idea in a proposal regardless of whether the. proposal was selected. Submission of a proposal indicates acceptance by the firm of the conditions contained in the RFP, unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the City and the selected consultant. All information/documentation submitted as part of this RFP will become property of the City and shall not be returned, and will become a public record and are subject to public inspection under the California Public Records Act (Government Code Sec. 6250 et seq.). Any language purporting to render the entire proposal confidential or propriety will be ineffective and will be disregarded. Provided, however, that proposals will not be subject to disclosure until a decision, if any, has been made to recommend a consultant to the City Council, to terminate this process, or to reject all proposals. Once that decision is made, all proposals are subject to public disclosure. Additionally, all property rights, including publication rights of all reports produced by the selected consultant in connection with services performed under this Agreement shall be vested in the City. The City reserves the right to make use of any information or ideas in the proposal submitted. The City shall not in any way be liable or responsible for the disclosure of any such.information. Protest procedures and dispute resolution process shall follow 2 CFR Part 200.318(k), 23 CFR 172.5(c)(18). Reservation of Rights The issuance of this RFP does not constitute an agreement by the City that any contract will actually be entered into by the City. Receipt of a proposal does not obligate the City to enter into a contract. The City expressly reserves the right at any time to: • Waive or correct any defect or informality in any response, Proposal, or Proposal procedure. • Reject any or all Proposals. • Reissue a Request for Proposals. • Prior to submission deadline for Proposals, modify all or any portion of the selection procedures, including deadlines for accepting responses, the specifications or requirements for any materials, equipment or services to be provided under this RFP, or the requirements for contents or format of the Proposals. • The City recognizes that price is only one of several many criteria to be used in judging a product or service, and the City is not legally bound to accept the lowest priced RFP response. • The City reserves the right to conduct pre-award discussions and/or pre-Contract negotiations with any or all responsive and responsible Consultants who submit RFP responses. • Procure any materials, equipment or services specified in this RFP by any other means. • Terminate this process at any time. • The City reserves the right to inspect the Consultant's place of business prior to award or at any time during the term of the Agreement or any extension thereof, to determine the Contractor's capabilities and qualifications. • Verify the Consultant's submitted information by contacting any of Consultant's references. • The City reserves the right to determine whether or nota proposal meets the specifications and requirements of this RFP and reject any proposal that, in the City's sole opinion, fails to meet the detail or intent of the requirements. The City reserves the right to reject any and all proposals The City reserves the right to change the terms and conditions of this RFP and is not bound by any verbal representations concerning it. Any questions must be submitted prior to March 29, 2021. If any changes to this RFP are made, the City will provide notice to any firms that have made a submittal. This information will be provided via addendum in accordance with Section VII. Where only one responsive proposal is received, the City may negotiate price with the sole responsive consultant, or it may reject the proposal, conduct a new RFP process, or cancel the RFP. The City may select the top one or more scoring proposers with which to negotiate, as deemed necessary by the City. Information to be Submitted The following information shall be-provided, at a minimum: Cover Letter References Table of Contents Exceptions Local Staffing List Fee Proposal Company Qualifications DIR Registration Number/Contractor's License Schedule/Hours Project Understanding/Approach/Scope of Services Contract Signatories Business Entity Cover.Letter: Cover letter shall not exceed two pages. It shall provide an executive summary of the proposal, and designate the firm's authorized representative regarding this RFP. A statement that this RFP shall be incorporated in its entirety as a part of the Consultant's quote. Table of Contents: The table of contents shall list the following sections with page numbers and information in each section shall be provided. Local Staffing List: Provide an organizational chart showing the names, positions, responsibilities, and availability of the individual(s) that would be assigned to this Agreement, including subconsultants. Identify the individual(s) authorized to negotiate the contract on behalf of the consulting firm and the Consultant's project manager. The Proposer may utilize the services of specialty Subconsultants on those parts of the Work that, under normal contracting practices, are performed by specialty Subconsultants. Unless a specific Subconsultant is listed by the Proposer, the Proposer is representing to City that Proposer has all appropriate licenses, certifications, and registrations to perform the work hereunder. Subconsultants are subject to the same state and federal requirements applicable to the Consultant. After submission of his/her/its proposal, the Proposer shall not award Work to any unlisted Subconsultant(s) without prior written approval of the City. The Proposer shall be fully responsible to the City for the performance of his/her Subconsultants, and of persons either directly or indirectly employed by them. Nothing contained herein shall create any contractual relation between any Subconsultant and the City. Resumes of proposed staff shall be provided. Company Qualifications: Provide a summary of the firm's qualifications, including background and experience. Schedule/Hours: Provide an anticipated schedule and number of hours necessary to complete each of the anticipated task/phase, and the overall project. Project Understanding/Approach/Scope of Services: Describe the firm's understanding of the project identifying,any key issues thatmay need special attention. Describe how the firm will approach the scope of services and each task needed to complete the project. Any task assumptions and/or exclusions shall be clearly identified. References: The Consultant shall provide a minimum of five (5) references from public agencies the Consultant has performed work for within the last five (5)years. Information shall include, at a minimum: • Agency name • Scope of work and/or services provided, Consultant/Subconsultant. • Project outcome • Design services, construction value, addenda/change orders • Funding source • Dates • Staff assigned to referenced engagement that will be designated for work per this RFP • Client project manager name, valid telephone number, and email Exceptions: The Consultant shall review this RFP and attached standard professional services agreement. Exceptions to any portion of the RFP and/or the City's standard professional services agreement will need to be clearly identified. Identification of exceptions does not constitute City concurrence and acceptance. Exceptions may be negotiated with the top- ranked firm. Fee Proposal: In order to assure that the City of Seal Beach is able to acquire professional services based on the criteria set forth in Government Code Section 4526, the proposal shall include a Cost Plus Fixed Fee proposal for all tasks associated with the LRSP development. Proposing Consultants will be required to submit certified payroll records, as required. The Cost Plus Fixed Fee proposal shall be submitted in a separate sealed envelope from the proposal marked as "Local Road Safety Program (LRSP) - Fee Proposal". The Cost Plus Fixed Fee proposal is confidential and will not be unsealed until after all proposals have been reviewed, and the ranking has been completed. Upon selection of the most qualified firm, the associated Fee Schedule/Cost Proposal will be used as a basis for contract negotiations. A contract will be negotiated on the basis of the submitted Fee Schedule/Cost Proposal, and in consideration of reasonable and mutually agreed project costs and time requirements. Should successful negotiations not occur with the highest ranked firm, the City may, at its sole discretion, choose to enter into negotiations with the second highest ranked firm, and so on. Contract Signatories: Provide the two binding signatories for the firm, pursuant to California Corporation Code Section 313. DIR Registration/Contractor's License (if applicable): Clearly indicate the Consultant's Department of Industrial Relations registration number for the Consultant and any Subconsultant, and provide the Consultant and Subconsultant's license information. Business Entity: Clearly indicate the firm's business entity type (i.e., a California corporation). IX. FEE PROPOSAL The Consultant shall provide a Cost Plus Fixed Fee Schedule, per LAPM Exhibit 10-H outlining all applicable hourly rates, and costs for services. The proposal shall provide a breakdown of fees associated with each project task and associated review and approval stage.The Cost Plus Fixed Fee Schedule for the project that is submitted in a separate sealed envelope (as outlined above), shall include all work necessary to complete the project. The Consultant shall also take into consideration the following: 1. Compensation for services, and any optional tasks, provided will be on a time-and- materials, not-to-exceed amount. 2. Fee proposal and billing rates shall remain effective for the term of the Agreement. Any anticipated billing/rate adjustments shall be clearly identified in the Proposal. 3. The Consultant's standard billing rates for all classifications of staff likely to be involved in the project shall be included with the fee proposal along with the mark-up rate for any non-labor expenses and sub-consultants, if allowable. Any anticipated fee adjustments shall be clearly noted. 4. The City will negotiate the final fee with the top-ranked consultant, if necessary. X. INTERVIEW Top ranked consultant team(s) may be interviewed by the selection committee. Proposed key personnel from the Project Team may be requested to present the teams' and their qualifications at an interview. XI. SELECTION PROCESS Proposals will be evaluated on the basis of the response to all provisions of this RFP. The City may use some or all of the following criterion in its evaluation and comparison of proposals submitted. The criteria listed are not necessarily an all-inclusive list. The order in which they appear is not intended to indicate their relative importance. The City reserves the right to modify the evaluation criterion and percentage of score as deemed appropriate prior to the commencement of evaluation. POTENTIAL EVALUATION CRITERIA.. Completeness of Response(Pass/Fail) Responses to this RFP must be complete. Responses that do not include the proposal content requirements identified within this RFP and subsequent addenda and do not address each of the items listed below will be considered incomplete, may be rated a Fail in the Evaluation Criteria and may receive no further consideration. Qualifications & Experience (30%) Experience and technical competence of the firm and key personnel on similar projects of equal complexity. Organization &Approach (30%) Understanding and approach to the Work including, but not limited to, task breakdown, scheduling, and staffing. References& Familiarity (20%) References and familiarity with state and grant procedures. Financial Management and Account System Requirements(10%) Cost Control and Budgeting Methodology. Proposer has a system or process for managing cost and budget. Evidence of successful budget management for a similar project. Conformity(10%) Willingness to agree to all terms of the professional services agreement. All proposals received as specified will be evaluated by City staff in accordance with the abovementioned. During the evaluation period, the City may do any or all of the following: generate a "short list" and conduct interviews with the top candidates; conduct on-site visits and/or tours of the candidates' places of business. Consultants should be aware that award may be made without consultant visits, interviews, or further discussion or negotiations. XII. GENERAL CONDITIONS A. Signature The Proposal shall be signed by an individual authorized to bind the Consultant. B. Other Considerations: The City shall not be liable for any pre-contractual expenses incurred by any firm considering submitting a proposal in response to this RFP. The City reserves the right to accept or reject any and all proposals, or any part of, or waive any informalities or irregularities. The City reserves the right to withdraw,to cancel this RFP at any time without prior notice and the City makes no representations that any contract will be awarded to any firm responding this RFP. C. Business License Required The Seal Beach Municipal Code requires all businesses operating in the City to pay a business license tax. For more information,go to www.sealbeachca.gov. D. Prevailing Wage All work performed in connection with execution of this contract work shall be performed in compliance with all applicable laws, Seal Beach City Charter, ordinances, rules and regulations of federal, state, county or municipal governments or agencies (including, without limitation, all applicable federal and state labor standards, including the prevailing wage provisions of sections 1770 et seq. of the California Labor Code), and (b) all directions, rules and regulations of any fire marshal, health officer, building inspector, or other officer of every governmental agency now having or hereafter acquiring jurisdiction. The Consultant shall indemnify, defend and hold the City harmless from any and all claims, causes of action and liabilities based upon or arising from the failure of any work related to the Project to comply with all such applicable legal requirements, including, without limitation, any such claims, causes of action or liabilities that may be asserted against or incurred by the City with respect to or in any way arising from the Project's compliance with or failure to comply with applicable laws; including all applicable federal and state labor requirements including, without limitation, the requirements of California Labor Code section 1770 et seq. The Consultant agrees that all public work (as defined in California Labor Code section (1720) performed pursuant to this Agreement (the "Public Work"), if any, shall comply with the requirements of California Labor Code sections 1770 et seq. The City makes no representation or statement that the project or any portion thereof, is or is not a "public work" as defined in California Labor Code section 1720. In all bid specifications, contracts and subcontracts for any such Public Work, the Consultant shall obtain the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in this locality for each craft, classification or type of worker needed to perform the Public Work, and shall include such rates in the bid specifications, contractor subcontract. Such bid specifications, contract or subcontract must contain the following provision: "It shall be mandatory for the consultant to pay not less than the said prevailing rate of wages to all workers employed by the,contractor in the execution of this contract. The Consultant expressly agrees to comply with the penalty provisions of California Labor Code section 1775 and the payroll record keeping requirements of California Labor Code section 1771" E. Registration with the Department of Industrial Relations In accordance with Labor Code Sections 1725.5 and 1771.1, no contractor or subcontractor shall be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5 [with limited exceptions for bid purposes only under Labor Code Section 1771.1(a)]. The Department of Industrial Relations Registration Number shall be listed for the Consultant and each Subconsultant or other Subcontractor, if any, in the Proposal. EXHIBIT A SAMPLE PROFESSIONAL SERVICES AGREEMENT Exhibit A - Sample Professional Services Agreement intentionally omitted. EXHIBIT B LOCAL ROAD SAFETY PLAN (LRSP) Caltrans LAPM Chapter 10 Forms (The attached forms are for reference only. Consultant shall verify with Caltans LAPM for the latest applicable forms) Local Assistance Procedures Manual Chapter 10 Consultant Selection 10.2: STATE-ONLY FUNDED A&E CONTRACTS A&E Division of Local Assistance Minimum Requirements State-Only for State-only funded A&E Contracts ® A. Written Procedures ® B. Conflict of Interest C. Records ® D. Full & Open Competition ® E. Selection Basis ® F. Publication ® G. Solicitation ® H. Cost Analysis ® I. Negotiations ® J. Audit and Review Process ® K. Exhibit 10-C: A&E Consultant Contracts Database Page 54 of 68 January 2021 Local Assistance Procedures Manual Chapter 10 Consultant Selection 10.2.1 General Local Agencies are required to follow all applicable local and state regulations including those listed in LAPM Chapter 10 in accordance with their State Master Agreement. Although the requirements listed in this section are minimum requirements, the local agency must use good engineering judgment and best practices to document their processes and procedures when procuring A&E contracts utilizing qualifications based selections. All consultants must comply with 48 Code of Federal Regulations (CFR) Part 31: Contract Cost Principles and Procedures. Also, consultants and Local Agencies must comply with 2 CFR Part 200: Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, excluding sections §200.318-200.326 Procurement Standards (reference Federal Highway Administration December 4, 2014 Memorandum Action: 2 CFR 200 Implementation Guidance). Agency state-only funded (SOF) agreements must contain the required federal fiscal provisions from 2 CFR 200 in all Division of Local Assistance funded agreements. Exhibit 10-R: A&E Boilerplate Agreement Language contains 2 CFR 200 requirements and may also be used in SOF agreements. Depending upon the scope of work, the required contract provisions may need to include the California State Prevailing Wages. All proposed A&E contracts and supporting documents (including state-only funded) are subject to audit or review by Caltrans' Independent Office of Independent Office of Audits and Investigations (IOAI), other state audit organizations, or the federal government and required to follow LAPM Section 10.1.3 A&E Consultant Audit and Review Process. For consultant contracts, procured with local or state funds, to provide services for federal-aid projects, or to oversee or manage other consultants providing these services, the Consultant in Management Support Role process must be completed to be eligible for reimbursement. Refer to Chapter 10.1.9 Miscellaneous Considerations: Retaining a Consultant as an Agency Engineer or in a Management Support Role. DBE contract goals are not required for state-only funded contracts. This guidance is for contracts utilizing state funds only. If any federal funds are added or reimbursed, the federal process must be followed. Non-A&E consultant contracts reference LAPM Section 10.3: Non-A&E Contracts. Reference: California Government Code Title 1, Division 5, Chapter 10, Contracts with Private Architects, Engineering, Land Surveying, and Construction Project Management Firms §4525-4529.5. Page SS of 68 January 2021 Local Assistance Procedures Manual Chapter 10 Consultant Selection 10.2.2 Definition of A&E Architectural, landscape architectural, engineering, environmental, and land surveying services includes those professional services of an architectural, landscape architectural, engineering, environmental, or land surveying nature as well as incidental services that members of these professions and those in their employ may logically or justifiably perform. Construction project management means those services provided by a licensed architect, registered engineer, or licensed general contractor. Any individual or firm proposing to provide construction project management services must provide evidence that the individual or firm and its personnel carrying out onsite responsibilities have expertise and experience in construction project,design review and evaluation, construction mobilization and supervision, bid evaluation, project scheduling, cost- benefit analysis, claims review and negotiation, and general management and administration of a construction project. Environmental services mean those services performed in connection with project development and permit processing in order to comply with federal and state environmental laws. Reference: California Government Code §4527 10.2.3 Minimum Audit Requirements A. Written Procedures Local agencies shall follow the minimum requirements listed below in addition to any local laws and regulations. Reference: California Government Code §4526 B. Conflict of Interest The local agency must develop and maintain_a written code of conduct governing the performance of its employees engaged in the award and administration of state funded contracts, including the prevention of conflicts of interest. References: California Government Code§4526 California Government Code§1090 California Government Code§4529.12 C. Records Local agencies shall keep adequate records of all contracts including the procurement, project management, accounting and financial administration. References: California Government Code§4529.14 California Government Code§4006 Page 56 of 68 January 2021 Local Assistance Procedures Manual Chapter 10 Consultant Selection D. Full & Open competition All A&E contracts shall be procured through a qualifications-based selection utilizing open and fair competition. Evaluate at least three consultants using published evaluation criteria and rank these firms in order of preference. If less than three consultants are evaluated, provide justification for agency file. References: California Government Code§4526 California Government Code§4527 E. Selection Basis Selection of a firm shall be based on qualifications and the order of ranked preference. References: California Government Code§4526 California Government Code§4527 F. Publication Solicitations for A&E contracts shall be in a manner that is open and competitive. Reference: California Government Code§4527 G. Solicitation The solicitations shall include published evaluation criteria to rank in order of preference. Clearly define expectations in the solicitation in order to evaluate firms. Reference: California Government Code§4527 H. Cost Analysis An independent cost comparison to the consultant's cost proposal shall be done in order to ensure the contract is negotiated at a fair and reasonable price. Reference: California Government Code §4528 I. Negotiations Negotiations must be documented to verify a fair and reasonable contract has been executed using public funds. Reference: California Government Code §4528 J. Audit and.Review Process A&E contracts procured by public agencies shall be subject to standard accounting practices and may require financial and performance audits. All agencies shall follow the Audit and Review Process as stated in LAPM Section 10.3: A&E Consultant Audit and Review Process. http //www dot.ca.gov/hg/LocalPrograms/lam/LAPM/ch10.pdf http //www dot ca gov/hq/LocalPrograms/lam/forms/chapterl0/10a pdf Reference: California Government Code§4529.14 Page 57 of 68 January 2021 Local Assistance Procedures Manual Chapter 10 Consultant Selection K. Exhibit 10-C: A&E Consultant Contract Database Exhibit 10-C: A&E Consultant Contract Database must be completed at http://dlaaeoversight.dot.ca.gov/fmi/webd/Exhibit%2010-C (please use Firefox or Chrome if not supported by your browser) prior to contract award, or after contract award but no later than the first invoice. Page 58 of 68 January 2021 Local Assistance Procedures Manual Chapter 10 Consultant Selection CA Government Code References California GOV§1090 (a) Members of the Legislature, state, county, district,judicial district, and city officers or employees shall not be financially interested in any contract made by them in their official capacity, or by any body or board of which they are members. Nor shall state, county, district,judicial district, and city officers or employees be purchasers at any sale or vendors at any purchase made by them in their official capacity. (b)An individual shall not aid or abeta.Member of the Legislature or a state, county, district,judicial district, or city officer or employee in violating subdivision (a). (c)As used in this article, "district" means any agency of the state formed pursuant to general law or special act, for the local performance of governmental or proprietary functions within limited boundaries. California GOV§4006 Plans, specifications, work authorizations describing work to be performed, and all other information referred to in this chapter are open to inspection and examination as a public record. California GOV§4525 For purposes of this chapter, the following terms have the following meaning: (a)"Firm" means any individual, firm, partnership, corporation, association, or other legal entity permitted by law to practice the profession of architecture, landscape architecture, engineering, environmental services, land surveying, or construction project management. (b)"State agency head" means the secretary, administrator, or head of a department, agency, or bureau of the State of California authorized to contract for architectural, landscape architectural, engineering, environmental, land surveying, and construction project management services. (c)"Local agency head" means the secretary, administrator, or head of a department, agency, or bureau of any city, county, city and county, whether general law or chartered, or any district which is authorized to contract for architectural, landscape architectural, engineering, environmental, land surveying, and construction project management services. (d)"Architectural, landscape architectural, engineering, environmental, and land surveying services" includes those professional services of an architectural, landscape architectural, engineering, environmental, or land surveying nature as well as incidental services that members of these professions and those in their employ may logically or justifiably perform. (e)"Construction project management" means those services provided by a licensed architect, registered engineer, or licensed general contractor which meet the requirements of Section 4529.5 for management and supervision of work performed on state construction projects. (f)"Environmental services" means those services performed in connection with project development and permit processing in order to comply with federal and state environmental laws. "Environmental services" also includes the processing and awarding of claims pursuant to Chapter 6.75(commencing with Section 25299.10)of Division 20 of the Health and Safety Code. California GOV§4526 Notwithstanding any other provision of law, selection by a state or local agency head for professional services of private architectural, landscape architectural,engineering, environmental, land surveying, or construction project management firms shall be on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required. In order to implement this method of selection, state agency heads contracting for private architectural, landscape architectural, professional engineering, environmental, land surveying, and construction project management services shall adopt by regulation, and local agency heads contracting for private architectural, landscape architectural, professional engineering, environmental, land surveying, and construction project management services may adopt by ordinance, procedures that assure that these services are engaged on the basis of demonstrated competence and qualifications for the types of services to be performed and of fair and reasonable prices to the public agencies. Furthermore,these procedures shall assure maximum participation of small business firms, as defined by the Director of General Services pursuant to Section 14837. Page 59 of 68 January 2021 Local Assistance Procedures Manual Chapter 10 Consultant Selection Imaddition, these procedures shall specifically prohibit practices which might result in unlawful activity including, but not limited'.to, rebates, kickbacks, or other unlawful consideration, and shall specifically prohibit government agencyemployees,from participating in the selection process when those employees have a relationship with a person or business entity seeking a contract'under this section which would subject those employees to the prohibition of Section 87100. California GOV§4527 In the procuremenfof architectural, landscape architectural, engineering, environmental, land surveying, and construction project management services, the state agency head shall encourage firms engaged in the lawful practice of their profession to submit annually a-statement of qualifications and performance data. (a)When the selection is by a state agency,hiead,,statewide announcement of all projects requiring architectural, landscape architectural;,engineering,'environmental, land surveying, or construction project management services shall be made byahe agency head through publications'of the respective,professional societies. The agency head,for each;proposedproject, shall evaluate current statements of qualifications and performance data on file withthe agency, together with those that maybe submitted by other firms,regarding the proposed project, and shall conduct discussions with no less than three firms.regarding anticipated concepts and the relative utility of alternative methods of approach for furnishing'ithe required services and then shall select therefrom, in order of preference, based upon criteria established and published by him or her, no less than three of the firms deemed to be the most highly qualified to provide the services required. (b),When the selection is by a local agency head;the agency head may undertake the procedures described in subdivision(a).tn addition, these procedures shall specifically prohibttpractices which might result in unlawful activity'including, but not limited to, rebates; kickbacks, or other unlawful consideration, and shall specifically prohibit government agency employees from'participating in the selection process'when these employees have a relationship with a person or business entity seeking a'contract under this section. California GOV§4528 (a)When the selection is by a state agency'head the following procedures shall apply: (1)The state agency head shall negotiate a contract with the best qualified firm for architectural, landscape architectural', engineering, environmental, land surveying, andconstruction project,management services at compensation which the state agency head determines is fair and reasonable to the State of California or the political subdivision involved. (2) Should the state agency head be unable to negotiate,a satisfactory contract with the firm considered to be the most qualified at a;price the agency headdetermines to be fairand reasonable to the State of California or the political subdivision involved,.negotiations with that firm shall be formally terminated. The state agency head shall then undertake negotiations with';the second most qualified firm: Failing accord with the second most qualified firm, the state agency head shall terminate negotiations. The state agency head shall then undertake negotiations with the third mosttqualified firm. . (3) Should the state agency'.head be unable to negotiate a satisfactory contract with any of the selected firms, the state agency head shall select additional firms in order of their competence and qualification and continue negotiations in accordance with this chapter until an;agreement is reached. (b)When the selection is by a local agency head, the local agency head may undertake the procedures described in subdivision (a). California GOV§4529 Th"is'chaptershall not apply where the state or local agency head determines that the services needed are more of a technical nature and involve little professional judgment and that requiring bids would be in the public interest. California GOV§4529.12 All architectural and,engineering services shall.be,procured pursuant to a fair, competitive selection process which prohibits governmental agency employees from participating in the:selection process when they have a financial or business relationship with"any private'entityseeking the contract, and the procedure shall require compliance with all laws regarding political contributions, conflicts of interest or unlawful activities. Page 60 of 68 January 2021 Local Assistance Procedures Manual Chapter 10 Consultant Selection California GOV§4529.14 Architectural and engineering services contracts procured by public agencies shall be subject to standard accounting practices and may require financial and performance audits as necessary to ensure contract services are delivered within the agreed schedule and budget. California GOV§4529.20 This act seeks to comprehensively regulate the matters which are contained within its provisions. These are matters of statewide concern and when enacted are intended to apply to charter cities as well as all other governmental entities. Federal Highway Administration Memorandum 2 CFR 200 Implementation Guidance 12/4/2014 Attachment A: FHWA 2 CFR 200 Uniform Guidance—Questions and Answers Question 21: "Will the FHWA/USDOT provide a waiver of the requirements in 2 CFR 200.317 for subrecipients to comply with State procurement requirements or other policies and procedures approved by the State(200.317)?" Answer: Yes. The.USDOT requested and received an OMB waiver of the requirements in 2 CFR 200.317 concerning procurement by subrecipients. This waiver provides an exception to the requirement for all subrecipients of a state to follow the procurement requirements in Sections 200.318 through 200.326. The waiver will allow States and subrecipients to continue to use state-approved procurement procedures as they did under part 18 prior to the adoption of the Uniform Guidance. Page 61 of 68 January 2021 Local Assistance Procedures Manual Chapter 10 Consultant Selection Figure 10.2 State-Only Funded Procurement Criteria To comply with CA Government Code(GC)4525-4529.5,48 Code of Federal Regulations(CFR)Pan 31:Contract Cost Principles and Procedures, 2 CFR Part 200:Uniform 'Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards(excluding secttons 200.318-200.326),Caltrans total Assistance Procedures Manual(LAPM) and other applicable STATE and FEDERAL regulations. A&EConsultants Requlrelnents'for WAS that"use State funding Use State requirements below A. Written Procedures GC 4526 B. Conflict of Interest GC 1090;GC 4527(b),GC 4529.12 C. Records GC 4529.14,4006 t D. Full&Open Competition GC 4526,GC 4527,GC 4529.12 E. Selection Basis GC45261,4527 i F. Publication GC4527 G. Solicitation 'GC4527_ H. Cost Analysis GC4528 I. Negotiations GC4528 J. A&I Audit&Review Process GC4529:14,lAPM Ch.30,2.CIF R,200 K. Exhibit 10-C:A&E Consultant Contract Database LAPM Ch.10.2 'Mini BrooFa Act- State reguladon requiring the initial selection of engineering and architecture firms be based upon qualifications and experience rather than by price. Price is then later negotiated. Page 62 of 68 January 2021 EXHIBIT 10-A A&E CONSULTANT FINANCIAL DOCUMENT REVIEW REQUEST Caltrans Division of Local Assistance (Completed by Local Agencies,One per Contract) (For New Proposed A&E Consultant Local Agency Contracts of$150,000 or Greater) (For Amendments,use only when there are additional subconsultants or changes in ICR) EMAIL TO: California State Department of Transportation Date: Independent Office of Audits and Investigations FederaVStatc Project No.: mnfbrmance.review @ dot.ca.floe Attention: Audit Manager, External Contracts-Local Agencies Please check one:[]New Contract []AmendmentF10ther A&E Contract No.: Total Contract or Amended amount of$ Prime Consultant Full Legal Name: The Project Description is: Complete below for Prime and all Sub-consultants on this contract. Participation Category I,2,3,4,5 Caltrans ICR Acceptance Consultant's Name Amount ID#(if available) Note:Add pages if necessary. I verify we received financial documents from the prime and sub-consultants based on the requirements specified in the Exhibit 10-A Checklist. Name Signature Title Name of Local Agency and Department: Address: Phone No.: February 2019 LaY 1Weun<.AUNum Wnutl flYtirlh\I1wUer CALTRANS.A&1 FIN\NGIAU DOCUNKNT REVIFR'RF,QUIREN1FNTS FOR ARCHITEG'1'IJRA L AND ENGINEERING(d&E)CONSULTAN7'S�" ON.LOCAI:GOVERNMENT-AGENCY CONTRACTS Requirements for total contract amount equal to orgreater than 5150,000. Local Government Agency must provide the following: 1)A&E Consultant Financial Document Review Request Letter(Exhibit I O-A)(a) 2)Local Agency and Prime Consultant's Points of Contact APPLICABLE ONLY.IF NOT' Prime and all subcansultants must provide the following documentsbased on their applicable category. .CITEGORI'1.i,or 3; C\T'EGORYA: CATEGORY2i C\TEGORI'_3: CA'f EGORY4:'CATEGORY.5: Finns with Firnui4ith Firma Requeafinv *Consultant 'Consultant - Cognamit ,Caltrans Safe 1larhor7Rate Par idpafion Participation Type of Finanetal Documents and Information Approval Letter a,\ttepcantt Ill 1 (SII R)1 Amuunt Less Amuunt Equal to Gir ICR Ft'E:propoud• :hrt ICR Ft'F, NumfierfmICR' than 51501:' or Greater than Proposed 'FYEProposed' \ 515116 I e _ Cost Proposals Examples at Exhibit 10-HI through 10-114) \' Consultant Annual Certification of Indirect Costs and Financial Management v System(Exhibit 1(-K) Indirect Cost Rate(ICR)Schedule with FAR References for Disallowed Costs(h) Note:Prime Consultant must have a CPA Audited ICR Schedule forcontracts equal to or greater than SIN. Cognisant Approval Letter for the ICR FYE proposed Caltrans'ICR Acceptance ID ds for ICR FYF proposed " ,r AASHTO Internal Control Questionnaire(ICQ)Appendix (c) Post Closing Trial Balance/r/) Prevailing Wage(PW)Policy for PW work(e) ••• i Site Harbor Rate.Document: Consultant Certification of Eligibility of Contract Costs and Financial Management i System(Attachment 1 R) When applicable,additional documents mar be requested: Prior Year ICR Schedule e Supplemental Reconciliation Schedule(to tic the proposed ICR Schedule to the Trial Balance) (d) Chan of Accounts Income Statement(d) Uncompensated Overtime Adjustments (Q Vacation/Sick Policy Bonus Policy Executive Compensation Analysis(ECA)(d) Related Perry Rent Analysis(d) Vehicle,Equipment,and Other Direct Casts Schedules (d) hmo,.mm 1,W AW-P m-Mw �.WY�LLw{MYIY * ICR FYE= Indirect Cost Rate Fiscal Year End. Items on this checklist may not be all inclusive. A&1 reserves the right to request additional documentats as deemed necessary. **Caltrans ICR Acceptance ID k is an identification number issued by Caltrans upon review and acceptance of consultant's indirect costrate(s)schedule for a specific fiscal year. This ID N can be referenced far use on future contracts using the same FYE ICR. ***Firms using SHR can be reimbursed for the prevailing wage deltas either as an Other Direct Cost or as an Overheadllndirect Cost - refer to A&I's PW Interpretive Guidance on http:11iu.dot.ca.notlresources'lxentrainrnod.lmnl (a) Local Agencies are required to complete Exhibit 10-A and include all applicable required documents upon submission. (b) See Table 8-1 of the AASHTO Audit Guide fora listing of common unallowable costs. For financial document packages received between JanuaryL. 2019 to June 30, 2019, the 2017 FYE ICR could be submitted if the FYE 2018 ICR is not available. For financial document packages received between July 1, 2019 to December 31, 2019, the 2018 ICR must be submitted. (c) Go to AASHTO website @ audittransportation.org. for Appendix B-Internal Control Questionnaire (d) Accounts and balances must match costs proposed on the ICR schedule. (e) Consultants performing Prevailing Wage(PW)work are required to provide written PW Policy. The policy must specify their accounting method for treatment of delta base and delta fringe. Refer to A&I'.s PW Interpretive Guidance on httn:llie.dotca.eovlresourcesleentrainmoci.htnd r.w,.ry mit Loral Assistance Procedures Manual EXHIBIT 10-H1 Cost Proposal EXHIBIT 10-H1 COST PROPOSAL Page I of 3 COST-PLUS-FIXED FEF.OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (DESIGN,ENGINEERING AND ENVIRONMENTAL.STUDIES) Note: Mark-tips'are+Not Allowed ❑ Prime Consultant ❑ Subconsultant ❑ 2"d Tier Subconsultant Consultant Project No. Contract No. Date DIRECT LABOR Classification/Title Name Hours Actual Hourly Rate Total $0.00 $0.00 $0.00 $0.00 LABOR COSTS a) Subtotal Direct Labor Costs $0.00 b) Anticipated Salary Increases(see page 2 for calculation) c)TOTAL DIRECT LABOR COSTS [(a)+(b)] $0.00 INDIRECT COSTS d) Fringe.Benefits(Rate: 0.00% ) e)Total Fringe Benefits [(c)x' (d)] $0.00 I) Overhead(Rate: 0.00% ) g)Overhead [(c)x(t)] $0.00 h) General and Administrative(Rate: 0_00%0 ) i)Gen&Admin [(c)x(h)] $0.00 j)TOTAL INDIRECT COSTS[(e)+(g)+(i)] $0.00 FIXED FEE k)TOTAL FIXED FEE [(c)+O] x fixed fee 0.00% ] $0.00 I)CONSULTANT'S OTHER DIRECT COSTS(ODC)—ITEMIZE(Add additional pages if necessary) Description of Item Quantity Unit Unit Cost Total Mileage Costs $0.00 Equipment Rental and Supplies $0.00 Permit Fees $0.00 Plan Sheets $0.00 Test $ 0.00 1)TOTAL OTHER DIRECT COSTSg n no m)SUBCONSULTANTS' COSTS(Add additional pages if necessary) Subconsultant I: Subconsultant 2: Subconsultant 3: Subconsultant 4: m)TOTAL.SU BCONS U LTANTS'COSTS $0.00 n)TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS[(I)+(m)] q om TOTAL COST[(c)+0)+(k)+(n)] $0.00 NOTES: I. Key personnel must be marked with an asterisk(')and employees that are subject to prevailing wage requirements must be marked with two asterisks('•).All costs must comply with the Federal cost principles.Subconsultants will provide their own cost proposals. 2. The cost proposal fomtat shall not be amended.Indirecteost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by acognizant agency or accepted by Caltrans. 3. Anticipated salary increases calculation(page 2)must accompany. Pagel of 9 January 2020 Local Assistance Procedures Manual EXHIBIT 10-H1 Cost Proposal EXHIBIT 10-H1.COST PROPOSAL Page 2 of 3 COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (CALCULATIONS FOR ANTICIPATED SALARY INCREASES) 1. Calculate Average Hourly Rate for 1st year of the contract(Direct Labor Subtotal divided by total houts) Direct Labor Total Hours per Avg 5 Year Subtotal per Cost Cost Proposal Hourly Contract Proposal Rate Duration $250,000.00 500 = $50,00 Year 1 Avg Hourly Rate 2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) Avg Hourly Rate Proposed Escalation Year 1 $50.00 2% _ $51.00 Year 2 Avg Hourly Rate Year 2 $51.00 2% _ $52.02 Year 3 Avg Hourly Rate Year 3 $52.02 * 2% _ $53.06 Year 4 Avg Hourly Rate Year 4 $53.06 * 2% _ $54.12 Year 5 Avg Hourly Rate 3. Calculate estimated hours per year(Multiply estimate%each year by total hours) Estimated % Completed Total.Hours per Cost Total Hours per Each Year Proposal Year Year 1 20.0% 5000 = 1000 Estimated Hours Year 1 Year 2 40.0% 5000 = 2000 Estimated Hours Year 2 Year 3 15.0% 5000 = 750 Estimated Hours Year 3 Year 4 15.0% 5000 = 750 Estimated Hours Year 4 Year 5 10.0% 5000 = 500 Estimated Hours Year 5 Total 100% Total = 5000 4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) Avg Hourly Rate Estimated hours Cost per (calculated above) (calculated above) Year Year 1 $50.00 1000 = $50,000,00 Estimated Hours Year 1 Year 2 $51.00 2000 = $102,000.00 Estimated Hours Year 2 Year 3 $52.02 750 = $39,015.00 Estimated Hours Year 3 Year 4 $53.06 750 = $39,795.30 Estimated Hours Year 4 Year 5 $54.12 500 = $27,060.80 Estimated Hours Year 5 Total Direct Labor Cost with Escalation = $257,871,10 Direct Labor Subtotal before Escalation = $250,000.00 Estimated total of Direct Labor Salary = Transfer to Page 1 Increase $7,871.10 NOTES 1. This is not the only way to estimate salary increases. Other methodswill be accepted if they clearlyindicate the% increase,the#of yearn of the contract, and a breakdown of the labor to be performed each year 2. An estimation that is based on direct labor multiplied by salary increase% multiplied by the N of years is not acceptable. (i.e. $250,000 x2% x 5 yrs= $25,000 isnot an.acceptable methodology) 3. This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted. 4. Calculations for anticipated salary escalation must be provided. Page 2 of 9 January 2020 Local.Assistance Procedures Manual EXHIBIT 10-H1 Cost Proposal EXHIBIT 10-H1 COST PROPOSAL Page 3 of 3 Certification of Direct Costs: I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements: 1. Generally Accepted Accounting Principles (GAAP) 2. Terms and conditions of the contract 3. Title 23 United States Code Section 112 - Letting of Contracts 4. 48 Code of Federal Regulations Part31 - Contract Cost Principles and Procedures 5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service 6. 48 Code of Federal Regulations Part 9904 -Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts., All documentation of compliance must be retained in the project files and be incompliance with applicable federal-and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indo•ect Cost Rate(s). Prime Consultant or Subconsultant Certifying: $0.00 Name: Title ': Signature : _ --- Date of Certification (mm/dd/yyyy): Email: Phone Number: Address: 'An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than.a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract. List services the consultant is providing under the proposed contract: Page 3 of 9 January 2020 EXHIBIT B Consultant's Proposal CIL -ME% Mill L 3 E A Cl H, nS , •,t 11 Ip',, � I i d .tM . r PPFPIARM 8Y. Kim e ))).Horn we- I E ped lAcIre.Experten-ve Better. KIO J, PROPOSAL FOR A, 1 Local Roadway Safety Plan (LRSP) April 7,2021 Iris Lee Deputy Public Works Director/City Engineer » 1100 W Town&Country Road Department of Public Works Suite Too 211 Eighth Street Orange,CA 92868 TEL 714.939.1030 Seal Beach,.CA 90740 BE:Proposal for a Local Roadway Safety Plan(LRSP); Project ID:1221000027 Dear Ms.Lee and Members of the Selection Committee: As an industry leader insafety,Kimley-Horn is well-qualified and committed to providing exceptional consulting services for the City of Seal Beach(City)for your Local Road Safety Plan (LRSP).We understand the City's goal of developing a framework that organizes stakeholders in order to identify,analyze,and prioritize roadway safety improvements on roads within the City.Kimley-Horn brings the demonstrated experience 4o develop a LRSP that is tailored to the local protocols,needs,and issues,while maintaining compliance with state and federal regulations.As you evaluate this proposal,you will note the following attributes that make us well-suited to support the City on this project: Unparalleled Knowledge of LRSPs.Kimley-Hornis committed to supporting local agencies to improve the safety of their transportation systems.We recently completed the Federal Highway Administration(FHWA)LRSP implementation best practices and have worked with multiple Departments of.Transportation(DOTS)to develop more than 100 _RSPB.Our team is well-versed in traffic safety planning and engineering as well as bicycle and pedestrian facility planning,safety,and design.,We have completed LRSPs and Systemic Safety Analysis Reports(SSARs),Bicycle and/or Pedestrian Safety Action Plans(BSAPs/PSAPs),Strategic Highway Safety Plan(SHSP)projects,Road Safety Audits(RSAs),Safety Management Plans(SMPs),data collection and crash analysis,and design of safety countermeasures throughout the country.Our repertoire of projects includes SSARs and LRSPs for the cities of Anaheim,San Clemente,Artesia,Santa Clarita,Lancaster, Eastvale;Goleta,Ventura,Palm Desert,La Quinta,Santa Cruz,and Sunnyvale as well as Imperial and Ventura counties. At the statewide level,Kimley-Horn is also the lead consultant on California's SHSP and Safety Performance Measure Targeting which will ultimately impact what is eligible for funding for the next cycle in the Highway Safety Improvement Program (HSIP),which has largely shaped the guidelines and procedures for LRSPs in California and affords us the foundation to support the City's LRSP with a holistic knowledge of your needs. In addition,Kimley-Horn has worked on other diverse safety projects,such as the Nevada Department of Transportation(NDOT)SHSP,NDOT RSA program, Iowa Department of Transportation gDOT)LRSPs,Virginia Department of Transportation(VDOT)SHSP,and the Mancopa Association of Governments(MAG)Regional Transportation Safety Information Management System(RTSIMS)Crash Analysis Software.Our previous experience and lessons learned from these projects have afforded us the knowledge to develop efficient and cost-effective LRSPS. With the Kimley-Horn team,you will know your project is in experienced,capable hands. Fresh Perspective Providing Proven Solutions.Our firm's varied experience in safety-related,projects has allowed us to develop a fine- tuned approach to safety.We will provide new and innovative techniques to create the best results for the City,providing you with a prioritized list of low-cost safety improvements that can be implemented not only at challenging roadway segments and intersections,but throughout the City for pedestrians,tricyclists,equestrians,and vehicles alike.This list can he used and applied toward HSIP grants for implementation— another area Kimley-Horn has significant experience in and can assist the City with. Local Leadership and Commitment to Your Success.Through a proven track record,Kimley-Horn has shown that we are dedicated to exceeding expectations and serving City leaders,residents,and visitors.Our project manager,Jason Melchor,P.E.,brings more than 20 years of;professional traffic and transportation engineering experience in Orange County and Southern California.He has worked on LRSP, SSAR,HSA,and RSSA studies,including the Anaheim LRSP.Jason is supported by Darryl dePencier,AICP,GISP,RSPB,who will be the lead project planner,bringing more than a decade of specialized safety experience ranging from establishing safety policy language to network screening to crash site engineering reviews to developing countermeasure toolboxes.He has worked on studies at the statewide,regional, local,and site-specific levels that incorporate the four E's of safety(engineering,education,enforcement,and emergency).In addition,our proposed QC/QA manager,Mike Colety,P.E.,PTOE,RSP,,RSP,has more than 20 years of experience incorporating safety and functionality in the planning and design for transportation projects.Mike has been involved in more than a dozen recent local road safety projects,and specializes in bicycle and facility planning,design,and safety. City of Seal aeach • MTS7 0;0.2021 Kimley o Horn 6 b� PROPOSAL FOR A / - Local Roadway Safety Plan (LRSP) If I We are committed to providingyou With`ahighlevel'of professional services-and are excited-for the opportunity to further enhance the City's transportation safety to reduce fatalities and serious injuries.Our team will support you from our local Orange office to provide the most direct support to this partnership.Should you have any questions about our proposal or require any additional information,please contact Jason at 714.705.1331 or atjason.melchor@kimley-horn.com. Sincerely, KIMLEY-HORN AND ASSOCIATES,INC. V � Jason Melchor,P.E.(#65218) Project Manager/Associate Jason Melchor is an authorized representative of the firm and 1s authorized to make legally binding commitments for Kimley-Horn.Per the RFP's requirements, this proposal will be incorporated in its entirety as pad of our quote. i L. If vvv Cityof Seal Beach • FRTS17070,2021 Kimley>»Horn r � TABLE OF CONTENTS I . I • I • •• . I I �•I •. . I .I• I 1 I • •II JI I . I L" ^�=-'\'£t.�'� 1��•x�Y�.`�-' 3• C"l" F\�� ,\ 1\1N + "' I- 5 a*: + A.r- t - t -- + I � Sa is PROPOSAL-FORA r' Local Roadway Safety Plan (LRSP) r Ill 1. LOCAL t Kimley-Horn knows that when you choose a consulting firm,you are realty choosing the people who will bring you technical expertise,hands- on experience with similar projects,and a commitment to timely,first-rate deliverables and client service.The proposed Kimley-Horn team has a history of successfully completing projects and a proven track record of providing each assignment focused attention regardless of size.Our project team is unsurpassed in local knowledge and relevant experience and has been structured to provide strong support to the City and the City's project manager. The organizational chart below delineates the roles and responsibilities of our key personnel.Notably,our team will be led by Jason Melchor, P.E.,a successful project manager with more than 20 years of experience working for municipalities in Orange,Riverside,Los Angeles,and San Diego counties.Jason holds a professional civil engineering license to meet the minimum qualifications of this RFP.Additionally,we have included multiple staff members with professional civil engineering and.traffic engineering licenses in California.Jason is authorized on behalf of Kimley-Horn to negotiate the contract with the City.Detailed resumes of our project team are located in the following section. SE4[,e� f� \C`FO_H.Nom/ R 'iI QC/OA Jean Fares,P.E. .,Jason Melchor;P.E. Mike Colety,RE.,PTOE,•RSP, Jason Melchor,P.E. 'Darryl dePencier,AICP; GISP,'RSP, Chelsey Cooper,AICP U ^till�{ � t n DevinCiriaco ,,, �c`?'V MI, air � ) i. r 4 N 4 { cityofseaieeach • rRr577010.2021 Kimley>»Horn• 1 Cisee,FF'i.1PROPOSAL FOR A. l I I ,) Local Roadway Safety Plan (Lli i Availability In addition to experience with similar projects,our team members were selected based on their availability to perform the services required for this contract.Kimley-Horn uses a proactive management system,known as"cast-aheads"to detail every project's personnel needs and determine each staff person's availability.Based upon a review of our cast-aheads,we can assure you that the staff selected for this team are immediately available to serve you and are in excellent position to handle the workload required to accommodate the City's needs throughout the duration of this contract. In addition,we can call upon the 4,500+personnel in our firm at any given time to meet the City's needs.Each team member's level of commitment is shown in the table below. Team Member' JasodMelchor', ProEt Manager •40%0 _ ;Jean Fares,;RE Principal in-Charge_ '25W Mike'Colety,p.E.,PTOE,RSP„ QC/QA Manager °20% Darryl'dePencier AICP,iGISP,,RSP;;GeadProyect,Planner 50%• —, r Ci Kelsey CooTT per,AICP,Stake o_Ider Engagement—�� 50% Devin Ciriaco,Projectevanner 50% Project Management Contacts Per the RFP's requirements,contacts for our proposed project manager and alternate project manager are listed below.Project manager Jason Melchor,P.E.,will be responsible for all duties from contract negotiations through project completion.If Jason is unable to continue with the project,then Darryl dePencier,AICP,GISP, RSP, will become the primary representative.Any other changes,should they need to be made, will be approved by City staff. • Project Manager:Jason Melchor,P.E.,jason.melchor@kimley-horn.com,714.939.1030 • Alternate Project Manager:Darryl dePencier;AICP,.GISP,RSP,,darryl.depencier@kimley-horn.com,213.261.4040 City of Seal Beach • TRTS770I0.2021 Kimley»)Horn • 2 PROP0- FOR A_ i = _ 1 II Local,RoadwaytSafety°Plan;(LRSP) %. Jason Melchori P.E. ,Professional Project Manager v Credentials • Bachelor of Science,Civil \ Engineering,Specializationin Transportation University of California„Irvine Jason is a professional engineer with more than 20 years of experience in trafficengineering and Professional Englneerdn; transportation planning.He has worked with clients in Orange,Los Angeles,Riverside,and San Diego Califo`rma#C65278 Countiesdo complete systemic safety studies',traffic impact studies and perform,the technical analysis ®. Professional for a variety of safety projects,transportation planning projects;parking studies,transit analysis,site fm Affiliations plan reviews,and circulation studies.His traffic engineering experience;includes traffic signal design, . Institute of Transportation signing and striping,,traffic control,and signal interconnect design plans.He has acted as in-house Engineers(ITE),,,Member staff for the cities of Irvine and Huntington Beach to review development studies and design plans. . Orange County,Traffic. In this role,Jason worked directly with developers and City staff to provide comments on plan and Engineenng Council,Member° document submittals.Jason also has experience working with a variety of traffic engineering software programs and computer design packages. 40 RELEVANT EXPERIENCE • City of Anaheim,Local Road Safety Plan;Anaheim,CA—Project Manager • City of Palm Desert,Local Road Safety'Plan;Palm Desert,CA—Project Engineer • City of Perris,Local Road Safety Plan,Perris,CA-"Project Engineer • City.of Goleta,Traffic Safety Study for the Systemic Safety Analysis Report,Goleta,CA—Project Manager • City of Santa Cruz,Local Road Safety Plan,Santa Cruz,CA—Project Engineer • County of Ventura;Local Road Safety Plan,VenturalCounty,CA—Project Engineer • City of La Quinta,Systemic Safety Analysis Report,La Quinta,CA—Project Engineer • City of Eastvale;Systemic'Safety Analysis Report,Eastvale,CA—Project Engineer • City of Ventura,Systemic Safety Analysis Report,Ventura,CA—Project Engineer • City of Santa Clanta,Systemic Safety Analysis Report,Santa Clarita,CA—Project Engineer • County of Imperial,Systemic Safety Analysis.ReportforVaried Roadways,.Imperial County,CA—Project Engineer • RCTD,Horizontal Curve Assessment,Riverside County;CA—Project Engineer • City of Santa Ana,Santa Ana Boulevard and 5th Street Bikeway,Santa Ana,CA—Project Engineer • City of Anaheim,Gene Autry Way Improvements,Anaheim,CA—0C/CA Reviewer • City of Costa Mesa,Harbor Boulevard/1-405 Interchange Improvements,Costa Mesa,CA—Project Manager/Lead Engineer • City of Newport Beach,East Coast Highway Signal Rehabilitation Design,Newport Beach,CA—Project Manager City of seat Beach • 7RTS77070.2027 Ki mley>»Horn •s PROPOSAL FORA / - LocahRoadway'Safety Pla (LRSP) !I_ i I Jean Fares, P.E. Professional 'av%a Vic? Principal-in-Charge �s Credentials; \ - Bachelor of Science,m Architecture,'6vomla Polytechnic State University,,. Pomona Jean has more,than 30 years of professional experience in the fields of traffic and transportation .,Professional Traffic,Engineer engineering, including systematic safety analysis,traffic signal design, signal system design, m caiifoirna#TR2o97 traffic signal timing,traffic operations,signing and marking plans preparation, and traffic control o+ Professional plans. In addition to signal design and corridor signal operations, Jean has extensive experience with ITS technologies. Affiliations; • Institute of Trarisportation r, Engineers(ITE),Member RELEVANT EXPERIENCE • City of Goleta,Traffic Safety Study for the SystemicSafety Analysis Report Program, Goleta,CA—Principal-in-Charge • City of Perris,Local Road Safety Plan,Perris,CA—Principal-in-Charge • City of Palm Desert,Local Road,Safety.Plan;Palm Desert,CA—Project Manager • County of Ventura;Local Road Safety Plan,Ventura County,CA—Principal-in-Charge • City of La Ouinta,Systemic Safety Analysis Report,La 0uinta,CA—Project Manager • City of Santa Clarita,Systemic Safety Analysis Report,Santa Clarita,CA—Project Manager • City of Ventura,Systemic Safety Analysis Report,Ventura,CA—Project Engineer • County of Imperial,Systemic Safety Analysis Report for Varied Roadways,Imperial County,CA—Project Manager • Los'Angeles County,On-Call Traffic Engineering Services,Los Angeles County,CA—Project Manager • City of Agoura Hills,On-Call Traffic Engineering,Agoura Hills,CA—Project Director • City of Culver City,On-Call Traffic Engineering Services;Culver City,CA—Project Manager • City of Glendale,On-Call Traffic Engineering Services,Glendale,CA—Project Manager • City of Thousand Oaks,On-Call Traff ic Engineering Services,Thousand Oaks,CA—Project Manager • City of Downey,On-Call Traffic Engineering Services,Downey,CA—Project Manager • County of Riverside,On-Call Traffic Engineering Services,Riverside'County,CA—Project Manager • City of Palmdale,On-Call Signal Design Services,Palmdale,CA—Project Manager City of seal Beach . nrs770i02021 Kimley»)Horn •4 IN�` PROPO6AL FOR A j) Local Roadway Safety Plan (LRSP) 10 _ Mike Colety, P.E., PTOE, RSP1, RSP2Profession al QC/OA Credentials: -• Maste of Science;�Civil Engineenng,;Californ a Polytechnm State University,. San_L'pis:Obispo, For more than 20 years,Mike has been responsible for the planning and design of transportation . ,Bachelor of S6jence,,,U4 _ facilities that incorporate safety and functionality. He specializes in highway safety and has Engineering Celiformia presented at the Transportation Research Board(TRB)Annual Meeting an Highway Safety Polytectiriic State University,. applications for the last three years,and is the Vice-Chair of the TRB Toward,Zero Deaths SaBCms Obispo subcommittee:Mike has been involved in more than a dozen recent local road.safely projects, ArProfessional Engineer in' izona#38506;Colorado and specializes in bicycle and facility planning;design,and safety.He has managed regional #40628 and Utah, activetransportation projects and bicycle and pedestrian safety action plans.In.addition, Mike Ott 3249 2202' has completed formal training on Road Safety.Audits(RSAs),Highway Safety Manual,Interactive a Rrofessionai Traffic Highway Safety Design Model,and Human Factors Guidelines. Operations Engineeh41601 Road Safety.Professional� #22'. RELEVANT EXPERIENCE Road Safetyaprofessionah#/ • City of Santa Cruz,Local Road Safety Plan,Santa Cruz,CA—OC/QA Manager W Professional. • County of Ventura,Local Road Safety Plan,Ventura County,CA—OC/QA Manager AIoatiens ,•:Transportation.fiesearch • City of Ventura,Systemic Safety Analysis Report,Ventura,CA—Principal-in-Charge Board(IRB) Vice,Chair of. • City of Santa Clarita,Systemic Safety Analysis Report,Santa Clarita,CA—Principal-in- subcommittee lerd Dezths. subcommittee Charge • &cycle TechmcallCommiHee • City of La Quinta,Systemic Safety Analysis Report,La Quinta,CA—Principal-in-Charge for;NaOondCommittee on Uniform Traffic.Control.Past • Caltrans,Strategic,Highway Safety Plan;Statewide,CA—Project Manager Member • County of Imperial,Systemic Safety Analysis Report for Varied Roadways,Imperial County,CA—Principal-in-Charge • City of Sunnyvale,Systemic Safety Analysis Report,Sunnyvale,CA—Senior Advisor • City of Dana Point,Dana Point Bicycle and Pedestrian Master Plan,Dana Point,CA—Project Manager • NDOT,Strategic Highway Safety Plan;Statewide,NV—Project Manager • NDOT,Highway Safety Manual Implementation,Statewide,NV'—Project Manager • NDOT,Road Safety Assessment Program,Statewide,NV—Project Manager • NDOT,Safety Management Plans,Statewide,NV—Project Manager • NDOT,Road Safety Assessment and Safety Engineering Design Services,Statewide,NV—Project Manager • NDOT,Development of Local Bicycle Plans,Statewide,NV—Project Manager • NDOT,Highway Safety Capacity Building,Statewide,NV—Project Manager City of Seal Beach • n7TS770102021 Kifnley,#Horn-s IN PROPOSAL FOR A'.I Local Roadway:Saiii Plan:(LRSP), lil_ ;;5 Darryl dePencier, AICP, GISP,.RSPt Professional !� �Q ,Credentials, Lead Project Planner Master of Science,,udban Spatial Analytics'.Universlt ' ur of Pennsylvania gra Darryl has been conducting transportation safety for,over a decade.He has developed several tools Bachelor of Arts y bump y, Carleton Univers ityOttawa-, to root out the spatialrelationships between collision events to determine the factors and Conditions .. Cenlflca[e Geographic that increase the probability of vehicle crashes.His experience ranges from.establishing safety policy Information Systems;,. language to network screening to crash site engineeringireviews to developing:countermeasure Algongdm College,'Ottawa toolboxes.Darryl also conducts statistical analyses of crash activity using methods presented in the • American Institute of Highway Safety Manual;the Local Roadway Safety Manual,'and customizes analyses for unusual Certified Planners#026552' locations or conditions.He has worked on studies attire statewide,regional,local,andsite,specific Geographic Information levels that incorporate the four E's of safety(engineering,education,enforcement,and emergency Sys#59317 tems Professional services).His work products include guidance documents,local roadway safety plans,safety •, Road Safety,Professional; thresholds,safety audits,and local countermeasure recommendations. 4273 RELEVANT EXPERIENCE • City of Anaheim,Local Road Safety Plan,Anaheim,CA—Project Planner • City of Goleta,Traffic Safety Study for the Systemic Safety Analysis Report,Goleta,CA—Project Planner • City of Imperial Beach,Local Roadway Safety Plan,Imperial Beach,CA—Project Planner • City of Artesia,Local Road Safety Plan,Artesia,CA—Project Manager • City of Perris,Local Road Safety'Plan,Perris,CA—Project Manager • City of Palm Desert,Local Road Safety Plan,Palm Desert,CA—Project Planner • City of Santa Cruz,Local Road Safety Plan,Santa Cruz,CA—Project Manager • County of Ventura,Local Road Safety Plan;Ventura,County,CA—project Manager • City of La Duinta,Systemic.Safety Analysis Report,La ouinta,CA—Project Planner • City of Eastvale,Systemic Safety Analysis Report,Eastvale,CA—Project Manager • County of San Joaquin,Systemic Safety.Analysis Report,San Joaquin County,CA—Project Planner • Caltrans,Strategic Highway Safety Plan,Statewide,CA—Project Planner • Caltrans,Safety Performance Measure Targeting,Statewide,CA—Project Planner • City of Ventura,Systemic Safety Analysis Report,Ventura,CA—Project Manager • City of Santa Clarita,Systemic Safety Analysis,Report,Santa Clarita,CA-Project Planner • City of.Lancaster;Systemic Safety Analysis Report Program,Lancaster,CA—Project Manager • County of Imperial,Systemic Safety Analysis Report for Varied Roadways,Imperial County,CA—Project Planner • City of Moreno Valley,Roadway Safety Audits,Moreno Valley,CA—Project Planner City of seal Beach • rRr877010.2021 Kimley»>Horn •6 d x1x� PROPOSAL FOR Local Roadway afefy,_Pian (LRSP) it Chelsey Cooper,AICP Professional' Stakeholder Engagement 04, Credentials •'Bachelor of Science;Urban' and!Regional Planning;Texas A&M University, Chelsey's background is in using data to improve mobility anis develop solutions for transportation AmeFican Institute of. Certified Planners#30456 challenges.Her focus is in using Context Sensitive Solutions to create environments that are safe and friendly for all modal users.She has eight years of experience providing transportation management �„ Professional' and planning services for transit and roadway projects across the nation.Her clients have included Affiliatiow municipalities,metropolitan planning organizations,regionatfunding entities,transit agencies,and -.American Planning state 00Ts.Chelsey provides a broad set of strategy consulting services,including data collection Asgociation(APA),Memtier and analysis, transportation planning and project management,and.public outreach efforts.Chelsey's project experience includes work in California,Texas,Louisiana,North and South Carolina,and Florida. RELEVANT EXPERIENCE • City of Goleta,Traffic'Safety Study for the Systemic,Safety Analysis Report,Goleta,CA—Project Planner • City of Palm.Desert,Local Road Safety,Plan,Palm Desert,CA—Project Planner • City of Santa Cruz,Local Road Safety Plan,Santa Cruz,CA—Project Manager • County of Ventura,Local Road Safety Plan,Ventura County,CA—Project Manager • City of La Quinta;Systemic Safety Analysis Report,La Quinta,CA—Project,Planner • City of Eastvale,Systemic Safety Analysis Report,Eastvale,CA—Project Manager • City of Ventura,Systemic Safety AnalysisReport,Ventura,CA—Project Manager • City of Santa Clarita,Systemic Safety Analysis Report,Santa Clarita,CA—Project Planner • City of Lancaster,Systemic Safety Analysis Report Program,Lancaster,CA—Project Manager • County of Imperial,Systemic Safety Analysis Report for Varied Roadways,Imperial County,CA—Project Planner • Caltrans,Strategic Highway Safety Plan,Statewide,CA—Project Planner • LA Metro,North Hollywood to Pasadena ORT Planning and Environmental Study,Los Angeles,CA—Project Planner • City of Malibu,Pacific Coast Highway(PCH)Signal,System Improvements Project,Malibu,CA—Project Planner • Caltrans District.12,North Orange County Triangle ICM TSMO Plan,Orange County,CA—Analyst • County of Santa Clara,Tasman Complete Streets Study,Santa Clara County,CA—Analyst • City of Mountain View,Automated Guideway Transportation Feasibility Study,Mountain View,CA—Analyst • City of San Antonio,San Antonio Tomorrow Multimodal Transportation Plan,San Antonio;TX—Analyst • City of Austin,Austin Strategic Mobility Plan,Austin,TX—Project Planner • City of Houston,Northwest Subregional Multimodal Plan,Houston,TX Analyst • City of Houston,Heights/North Side Subregional Multimodal Plan,Houston,TX—Analyst City of seal Beach • FRTS77U 10.2021 Kimley»)Horn • 7 J i' 'PROPOSALFORA' __Local Roadway Safety°Plan (LRSPj I� - `e Devin Clriaco Professional � Project Planner Credentials .� • Mas teroftGty and,Region'al Planning„ California Polytechnic State Uriiversity„ San.Luis;Ooispo Devin serves as one of the lead analysts on studiesifor Li and SSARs.,He brings two years of Bachelor of,Science,. comprehensive experience with traffic impact analyses;transportation plannirig'in both the public and Environmental Science;: private sectors,multimodal corridor feasibility studies,data analytics/visualization,and safety grant UniverSrty of Califorhla"Davis. applications. Devin is proficient in GIS,database management,SOL,Windows Access,Synchro,HCS, SIDRA,and the Adobe CreativeSuite. RELEVANT EXPERIENCE • County of Ventura,Local Road Safety Plan„Ventura County,CA—Analyst • City of Simi Valley;Local Road Safety Plan Simi Valley,CA—Analyst • City of Santa Cruz,Local Road Safety Plan,Santa Cruz,CA-Analyst • City of'Anaheim,Local Road Safety Plan,Anaheim,CA—Analyst • City of Artesia,Local Road Safety Plan,Artesia,CA—Analyst • City of Roseville,Local Road Safety Plan;Roseville,CA-Analyst • City of Citrus Heights,Local Road Safety Plan,Citrus Heights,CA—Analyst • City,of Rocklin,Local Road Safety Plan,Rocklin,CA—Analyst • City of Sunnyvale,Systematic Roadway Safety Plan,Sunnyvale,CA—Analyst • City of Eastvale,Systemic Safety Analysis,Report,Eastvale,CA—Analyst • County of Mono Systemic Safety Analysis Report,Project,Mono County,CA—Analyst • Caltrans,CalifornaSHSP Implementation Plan,Statewide,CA—Analyst City of Seal Beach • TRTSnoio,zozr Kimley>»Horn •s ' 'PROPOSAL FORA ,Local,Roadway°Safety'Plan (LRSP) COMPANY QUAWFICATIONS Firm Profile: Kimley-Horn is a'full-service_engineering,planning landscape architecture,and environmental consulting firm providing services to both public and private sector clients nationwide.Founded in 1967,Kimley Horn has grown from a small group,of traffic engineers and transportation planners to a firm of more than 4,500 employees in 95 offices nationwide,Including 11 in California.Our Southern California offices including Orange,Las Angeles,Riverside,and San Diego are staffed with skilled engineers,planners,designers,and support staff specializing in traffic engineering bicycle and pedestrian planning;SSAR and LRSP programs,grant writing expertise,and other key services. Kimley-Horn's continued.growth and stability over the past 54 years is the direct result of our firm's commitment to integrity and dedication to;prcviding.quality services. 7NarthlAmerica -HOrn maintains 26 According to:Engineering News-Record,our firm,ranksil Oth in transportation among the nation's certified nation's top 500 design firms:We offer clients the local knowledge and responsiveness. Safety of a small organization backed by the depth of resources only a national firm can offer. essionals (RSPs) The Kimley Horn team is committed to providing the City with high-quality solutions that exceed your expectations.,We accomplish this by providing you with a team.of 9�' �J'experienced and technically proficient individuals who offer extensive safety expertise. " s — SP RSP,f RSP-t in North?America ;'f;379) ..sof RSPzi inAbo h,Amenca`of RSP28 in No h AmerU a 5J LK,11 0 Relevant Service Areas Our long-term association with public municipalities has provided us with comprehensive project experience and knowledge.Our Southern California offices offer complete traffic and civil engineering services in-house.We have completed thousands of traffic.engineering and operations projects ranging from single intersection safety audits designs;and analyses to major area-.wide signal systems involving hundreds of intersections.In summary,Kimley-Hornoffers in-house expertise for the following general service areas: TrafficEngineering Kimley-Horn was founded by three traffic engineer graduates from North Carolina State Universitywho had a'strong,passion to serve,clients particularly public agencies.Today, this discipline continues to be one of our core practice areas in virtually every one of our offices.We have,completedthousands of traffic engineering projects for public agencies across the country. City of Sear Beach • TR7377010.2021 Kimley)))Horn • B ,PROP L FORA . `7 .- ,. - � Local RoadwaySafe Plan (LRSP.) lil i Our team brings-experience intraid'studies and'analysesl including the evaluation of operational characteristics,safety,capacity,circulation, flow,and access:Our traffic engineers are highly-trained and capable in using software-including VISSIM,CORSIM,HCS+,Synchro/ SimTraffic,SIDRA Intersection,Signal,2020,and Transyt-7F—to evaluate the operating conditions for existing or proposed roadway configurations.in addition,our staff has the ability to translate these analyses into easy-to-understand content for the general public as well as public officials and other stakeholders.Specific services we provide include: • Safety studies • Speed,classification,and volume studies • Traffic simulation/animation • High accident location studies Origin-Destination studies • Sidewalk needs studies • Collision analysis Traffic calming studies and cut- • Roundabout feasibility studies • Data collection throughanalysis • Median modification studies • Asset inventory • Freeway,arterial,and intersection • Maintenance of traffic plans • Traffic Impact Analysis(TIA)studies capacity analysis • Expert testimony • Access-Egress and internal • Interchange justification/ circulation studies modification reports Local Road Safety Plan (LRSP) .i I Kimley-Horn understands that an LRSP is a proactive approach to safety analysis 1, I Existing crash patterns form pan of the safety picture but only show us where l� crashes have occurred,not,necessarily where conditions that elevate the risk of _ crashes exist.An LRSP is intended to identify high crash locations within a city and diagnose what conditions.might contribute to that elevated crash activity:;The a LRSP then identifies countermeasures that canoe applied systemically throughout the city where those conditions exist to remove those higher risk conditions before crashes occur. We recognize that an:LRSP is not fixed in its scope or breadth and that each *nr..., xt;•. jurisdiction faces,unique safety challenges,driver behavior patterns,and historical -- — roadway developmentr0ur approach is to explore what is normal within the City and to avoid assumptions that might lead to,a more repetitive approach to completing LRSPprojects.In an effort to ensure completeness and to set safety benchmarks customized for the'City,our approach will be to: • Refine the work plan with City staff • Conduct field review of higher crash locations • Conduct a citywide network screening to establish crash rate • Identify countermeasures that would likely reduce crashes benchmarks for intersections and roadway segments • Establish template projects and benefit/cost assessments to • Identify locations withthe`highest crash volumes and highest risk produce short-,medium-,and long-term projects that the City can factors based on network screening(from the designated corridors pursue funding for and intersections) Active engagement with stakeholders • Map crash parems at higher crash locations • Focus on driver behavior factors as well as roadway engineering =! Bicycle and Pedestrian Planning `4 t , Kimley-Horn is committed to enabling safe;attractive,and comfortable access and travel i for all users,including bicyclists and pedestrians of all ages and abilities.We have extensive experience in bicycle and pedestrian planning and place a priority on state-of-the-art ° practices and implementable'solutions.Our bicycle and pedestrian planning experience ranges from municipal„regional,and statewide plans to corridors and wayfinding studies. Our focus on implemehtability is seen through our successful on-street bikeway,sidewalk, s and greenway design practice as well as through our innovative operational studies,such as in road bicycle detection systems.The fact that we are frequently asked to take our bicycle and pedestrian planning projects all the way from design to construction administration demonstrates our clients'trust in the quality we provide. City of Seal Beach TRTS770I0102' Kimley)»Horn • to h x`i PROPOSAL FORA Local Roadway;Safety;P,lan (LRSP) 10- 2 `�j 'Traffic Data Collection x Our team members are skilled at using manual and advanced technology to collect traffic data.Based on the need,our team can capture field data with basic { methods or through use of portable GPS devices that allow digital photo linking capabilities and direct importation into GIS mapping and software such as SSRI 7" ArcGIS We take,care to obtain accurate data because it is the basis for a traffic study.Often,some data(such as accident reports or recent traffic counts)can be obtained from existing sources.However,if new data is needed,Kimley-Horn knows the criteria for data collection,documentation,and compilation. Caltrans Knowledge t Kimley-Horn has completed projects in more than 70 municipalities in California,many of which involved some level of coordination with Caltrans.We haven strong working knowledge _ of Caltrans D-8standards and procedures including local assistance programs,and bring established relationships with Caltrans staff in various districts and Sacramento headquarters. r Through our significant project experience within California,our team also has gained familiarity , y with the area's challenges,regulations,codes,procedures,and infrastructure requirements. Grant Writing Experience —M.- , Klmley-Horn has a proven track record of winning grants for similar types of HSIP projects.Kimley-Horn can research and find project funding through state and federal grant programs.Our planning studies are geared toward practical, community-based solutions that meet the objectives of many grant programs. Our grant writing expertise has helped our clients secure more than$175 million over'be past few years for the implementation of a wide array of projects through programs such as Active Transportation grants and Smart Growth programs.We understand the deadlines,application processes,and scoring criteria associated with grant programs,and can harness this experience to assist the City with funding applications:Our ultimate mission is to bring the ideas of a community j'afSp "+ involvement process to teal projects that shape the livability of our cities and neighborhood. Additional Benefits Schedule and Cost Control Kimley-Hom knows how important cost control is to federally funded projects and,is well-suited to manage and administer your project.We are prepared to commit the-necessary resources to ensure thesuccesspf your efforts.Moreover,we also have the tools that tell us exactly how and when to implement these resources.While this can be perceived as'an internal issue to Kimley-Horn,the tools we use to manage and administer a project are for the clients' benefit,because a firm,basis is established for en-time,within-budget delivery of all services.Schedule and budget are extremely important to Kimley-Horn,and our resources will allow us to meet the goals established for your project. Quality Control and Quality Assurance Asa recognized.firm,Kimley-Horn has developed solid project management methodology founded upon our commitment to high-quality deliverables We see ourselves as an extension of your staff and place tremendous emphasis on developing and maintaining clear,continuous communication throughout a project to maintain high standards of quality from the inception of a task through completion. City of seal Beach • TRTs77010,2021 Kintley>>Horn • 11 AS& `LocalFRoadwa 'Safe Plan LFISP Y --_fY ( � ) 14 Our OC/QA progrirFs;based offjhe philosophy that:: KIMLEY-HORN • Quality is achieved by providing adequate planning,coordination, QUALITY CONTROL IS supervision,and technical direction; properly defining the job requirements and procedures;fully understanding the scope of _ services;and using appropriately skilled personnel performing work functions carefully • Quality is secured through the careful surveillance of work activities by, individuals not directly responsible for performing the initial efforts I r r r • Quality is controlled by assigning a manager to evaluate project work it and monitor that procedures are followed while providing the services • Quality is verified through independent reviews by qualified staff member of the processes,procedures,documentation,supervision, technical direction,and staffing associated with the,projnot development ' Financial Responsibility As a,privately held,employee-owned corporation,Kimley-Horn has operated on a sound financial basis since our founding;over 54 years ago.We are l r financially strong,and we are committed to ourcontinued financial health. Our solid fiscal management practices have contributed to our steady rise on Engineering News-Record's list of the top 500 design'firms-in the nation. We have no history of credit problems or bankruptcy.With offices throughout California and the U':5.,we have more than adequate financial resources and lines of credit to assure the successful completion of your project.We maintain a disciplined focus on business fundamentals,operate the firm conservatively,and our,internal controls and business standards are designed to keep our foundation strong.We accomplish this through a combination of practice diversity,strong client service;exceptionally talented staff,a strong accounting system and department,and a focus on our financial strength. �far,efr�d TM` ©. P1ri� i� W. � ��{h { y^i•C .. ` f^•r.�� n Fo •��j�I��jj'��� ;.� �� � s..e -�� I. l t _ 4 City of seat Beach TRTS770102021 Kimley»)Horn• 12 c d E E C b m � _ m O g S c 1° O � ? � n d - Y A W 6F C a £_0 9 � a C 1 ® al VPEA _ QWO�.ai N U <UU r i m m � C m m r I i l�I` "�" IIA r it ry r lr in IN�h Y _ 00 U6 �° a+J a o s c oo E _ � �s m 4 O O N � O COFPROPOSALFORALocal Roadway Safety Plan (LRSP) 11 ON Estimated Number of Hours r Task'tiProjecfManagemeo4- _�L^ 28 __�� Task 2:Stakeholtlor Engagement) 30' --i Task 3'Exi`ssting Plans;•P.rograms,and Policies- 24 —� Task 4: Data Collection and Analysis 58 Tasks:IdentificationofEfnphasisAreas ____��i,43' �_�� Task 6:6ailoatiomand1lmplementation 36 Task 7 Development of a Final LRSP.: �_ 67 TDTAL 280' City of Seal Beach • lRiS77010.2021 Kimley»)Horn • 14 PROPOSAL FOR A 'Local Roadway Safety':Plan,(LRSP.)- Ifl s Project Understanding and Approach The City of Seal Beach is taking a major step towards enhanced roadway safety through the development of a Local Road Safety Plan.This plan will help the City identify the factors that contribute most to local traffic collisions,and will better position the City for safety funding from state and federal grant programs.The goal of the.LRSP is to develop countermeasures that can be systemically implemented to reduce the risk of collisions on City streets.Kimley-Horn's approach builds that tocill using three separate processes. 1. Identify Citywide emphasis areas such as impaired driving or active transportation that represent a large proportion of traffic injuries 2. Identify site specific case studies that are representative of other locations in the City for a more detailed audit and focused countermeasures 3. A review of citywide policies,programs,resources and practices that may have an impact of traffic safety,and then the identification of opportunities to align with safety best practices This study Is important because ��i lUud, �II� in addition to the trauma of injury It I if+ d N " o F o y, and loss of life,:economic losses �p In the City of Seal Beach due to rl.��� ♦ eso � ���' !.: �� noir-•-0 � rf , [ 6 traffic injuries at intersections in e the City were over$250M fromh( 2015 through 2019 according pyo f� — +` _' " • a to UCBerke ley s Traffic Injury f ' I tl �I d. q ` �Nll 9 ., q Ip.7p Mapping System(TIMS)and HSIP t t� cost of crashes parameters..The Office of Traffic Safety(OTS) mosti4 recently ranked Seal Beach 88 of 97 peer titles for traffic injuries ' after normalizing for population and VMT.This shows that the City 1 is already performing well in the ray �`� reduction of traffic Injuries All of ;ej F �' , the ranked crash ltypes had fewer v I �, � f than 10 that year.The LRSP will Identify the factors associated with 1 + •�o� .�� the most vehicle crashes particular to the.6i and will,identify matching ;sw e­NL - countermeasures to reduce or ` / injury X41 g� F eliminate thosecrashes.The '�.•9� "�; ! Crashes r4 map below shows where traffic injuries were most concentratedin Seal Beach. _4 Pati rc Ocean i u'� C I Itl E N aa11y -�n� r.,yayvl. NCPEMENTfNRG' g +E I nc'rNc Figure 1 Injury Crashes and 10 Most Economically Impactful Intersections cityof Seal Reach Ters770l0,2021 KImley oHorn • 15 �¢=1PROPOAk RA Local Roadway Safety`Pian (LRSP) I� 4nrnM�Jt �- �; ?" i L1,,j Westminster Boulevard' Seal Beach Avenue:= 24t _11 �L7:�F 16, L T533;000; ©�;2�,Pacrfic CoastHighway` SBeac eal h Avenue L3; , $5 394;300 al :Old RancWPadk ay, - Seal Beach.Avedu�, '[ .9. ..�E:7= �� - Z", $2,899�400i ©'4 'ABoIfo;Lopez;Drive Seal BeacliAGe`nue_; ���1� °�� $2,656;700' I 5 LpA IfIC C0—ast-110 ayy� 12th'St�eef -_--��5 �� f t0 J� .4�= $2.6381000' ®6 [N Gate,Road. S6kBeach,AVenue' I =R niter=Way Seal Beacn;AVenue: 1 � 1 �rT1y.� [:$:2E75 800; ®8 Pac is Coa`si,Higfiway 4st St eet 000 A $2 432;7.Ot otamp`sohAven e , Candleberr, venue =F 1 .'10" ,GOlden,Rzln,,R6ad Seal Beacfr8venue When comparing the last years against statewide trends for Strategic Highway Safety Plan challenge areas,fatal and serious injury crashes in Seal Beach have similar factors as the state averages in most areas.A greater proportion of those crashes involved motorcycles, work zones,aggressive driving,and aging drivers.Fewer crashes involved intersections,pedestrians,young drivers,and lane departure. AggressiveiDriving33'-2% 54 40.9% 717% - Aging{Dnvers!-65;e, commercialrVehicles . Distracted: riving, 5?No; LT_�_.J 4:5°/0 -0?6 Irnpalred Driving °` 25:8%: F39 Intersections ;23;6% Lane_Depa tore 43:7°{0 51 38.6°/0 '510% Motorcycles —]E='8'8%� 44 333% n12:5°/q Improper Use of',Occupant Protection 14^8% 4; 1:0 6% 4 2"/°, Pedestnans' j 191,%,, ( 14' i06% 815%' Work,Zones 1,5°/a, 13 9.8% 8.49/6 . `YO 26 Dnver515 through 20; Our team uses custom GIS based tools to evaluate the roadway system and intersections using Highway Safety Manual statistical methods.This allows for independent evaluation of intersections by control type,and roadways by function Our team then applies additional statistics to rate each location for crash severity,crash type patterns,driver behavior factors,and roadway conditions.Our analysis procedures are outlined in the exhibit below. Our team is versed in a variety of crash data sources Including'SWITRS, TIMS,TASAS,FARS,Crossroads,and other locally kept databases. Kimley-Hom has a parmership with Crossroads software that can be used D 0 to,created a local crash database for the City of Seal Beach if one does not currently exist.This would allow an exploration of all crash types and severities to get the,broadest possible picture of the conditions and factors that contribute most to crashes in the City. Cityef Seal Beach • IRTS770W..2021 Klmley,>>Horn •16 y' PROPOSAL FORA y / Local Roadway'Safety Plan (LRSP) Ifl -: _ Kimley-Honi's approach to LRSP development centers on the creation ofa'countermeasure toolbox that includes'items.that address both infrastructure and driver behavior:A comhinatlor- oPcrash history,roadway'characteristics,and stakeholder feedback is used to determine which countermeasures that will be most likely to have the most safety benefit relative to cost for the City of Seal Beach.The toolbox is then used to produce three products as part of the LRSP. 1. City-wide Systemic Infrastructure Projects; 'j- i motorcycles are over-represented in serious 1 injuries and fatalities in Seal Beach.There are several systemic countermeasures that could be I 4~ implanted if not already in place such as leveling t i ti manhole covers;increased street sweeping,, advanced warnings for potential hazards,and 7r ' the avoidance,of left-turn conflicts. 2. Local Infrastructure Projects;for example, : the intersection of Seal Beach Avenue and Y �5 Westminster Boulevard has had the most injury. crashes of any intersection in the City over the last few years.Several crashes involve -- lane departures in the curve just south of the , intersectionin both north and south directions there were Three,motorcycle crashes,and a e Y s hit pedestrian. Potential countermeasures for this intersection could include low cost elements such as 5 raising curve warning signs and adding LED l � " flashers for more visibility at night,speed feedback signs,and warning beacons for northbound traffic approaching a.red light - �+ before the actual signal heads visible.High MS =�< .^-. •=0. friction pavement,or advanced dilemma zone detection at the signal. 3. Non'Infrastructure Projects;A critical part of.LRSPs involves working with stakeholders and City staff to identify best practices to address safety beyond roadway engineering.Our-team reviews local policies,resources,programs,and practices to determine where there are opportunities to enhance the safety environment through enforcement,education,and services.Aggressive driving in Seal Beach contributes to proportionally more injuries that the average for California Cities.The LRSP might recommend a highly visible enforcement campaign coupled with targeted messaging to helpreducethe amount of,and harm caused by agressive driving. The following scope of services outlines how Kimley-Horn will build off of the City's current plans to provide a well-rounded framework for an on-going safety improvement program.The LRSP will be structured to make the City more competitive for grant funding,better able to identify and prioritize safety needs,and encourage safer driving practices of its residents. Scope of Services The fallowing scope of work outlines how Kimley-Horn will build off of the City's current plans to provide a well-rounded framework for an on-going safety improvement program.The LRSP will be structured to make the City more competitive for grant funding,better able to identify and prioritize safety needs,and encourage safer driving practices of Its residents. Task 1 — Project.Management Kimley-Horn will schedule a kick-off meeting to discuss the project scope of work and arrange a project communication plan.Kimley-Horn has established internal quality central processes that involve multiple levels of review before deliverables are submitted to a client,including a designated quality control reviewer who will provide objective feedback, City of Seal Beach • mrsz7ofazozr Kimley,))Horn • 17 P!401` SAL FORA t - Looal Roadway Safety,Flan (LRSP) - .»_ - - r I Througf ourexperience-we have found that a bi;w,eekly project team coordination calls coupled with in-person meetings at key points in the project are an effective way to keep City staff informed and involved throughout the'process.We will work with the City to identify its comfort level for all recommended'in-person meetings and adapt as necessary based on regulations at that time. Deliverables: • Project kick-off meeting with City staff Monthly progress reports • Bi-weekly project team coordination meetings,agendas,and notes Task 2 — Identify and Engage Safety Partners/Stakeholders During our kick-off meeting we will identify safety partners/stakeholders who should be included.in future project communications.We value representation from the local community,businesses,local transportation providers,City's Public Works department,law enforcement,schools, and health and safety agencies when creating a well-rounded safety plan. Kimley-Horn will work with the City to reach out to safety partners/stakeholders from;the contact list developed.A stakeholder meeting will be hosted in a format to allow for two-way communication and feedback on the materials communicated.The meeting will provide an overview of the LRSP process,identify/establish safety goals,objectives,strategies and emphasis areas, inform those present on the results found during the crash analysis,andoutline the draft countermeasures and potential solutions.Stakeholders will be utilized for their local insight on the area,any challenges or opportunities they may know of,and their knowledge of"near-miss crashes."Any potential additions or changes to the recommended countermeasures,based on the feedback received during this meeting,will be discussed with the City.The group will prioritize plans for implementation and be able to review and comment on the draft and final LRSP before recommending approval of the document to be adopted by City Council. Deliverables: • Two Stakeholder meetings Stakeholder group contacts • One-hour phone call with City staff to review feedback Task 3 — Existing Plans, Programs and Policies We will conduct aiiterature review of existing plans published by the City,including he'General Plan and Specific Plans,documents produced by the Orange County Transportation Authority(OCTA),the Southern California Association of Governments(SCAG),Caltrans,and FHWA will also be reviewed to identify projects,policies and programs that are irroace or recommended that might be of value to this analysis.Our team is already familiar with Caltrans procedures and guidance on the development of SSAR and LRSP plans and will provide a summary as part of this task. We will coordinate with the City to obtain recent engineering studies that have been completed relating to roadway safety improvements, including traffic signal warrants,feasibility studies,and project study reports and examine the available citywide cuiiision history and utilize Transportation lnjury.Mapping,System(nMS)which was developed by the Safe Transportation Research and Education Center(SafeTREC)as a web-based tool for local agencies to gather data for their safety analysis. Task 4 — Data Collection and Analysis Task 4.1 Data Collection Kimley-Horn will collect data from the City's collision database,Traffic Information Management System(TIMS),and the Statewide Integrated Traffic Records(SWITRS)to provide an overview of the state of the transportation network within Seal Beach.This data includes information such as roadway speeds traffic volumes,functional class,number of travel lanes,intersection traffic controls,the presence of pedestrian and bicycle facilities,high incident locations;traffic patterns;roadway features;,driver characteristics,vehicle factors,environmental conditions, and if available,the types of,nearby land uses(e.g,business districts,regional growth centers,and mixed use centers).GIS shapefiles and databases are the preferred format for this data.Additionally,Kimley-Horn will work with the City to identify any plans(i.e. General Plan), policies,,and programs related to the roadway and Active Transportation network tliat may have impacted the network in the past five years or Provide planned improvements,This information will be used to contextualize crash history analysis with attention to high incident locations, mid-block crosswalks,DUI,school-related,bicycle and pedestrian'collisions. Field assessments will be conducted to collect additional information,to better match roadway characteristics,with collision tivity, acallowing the team to,diagnose issues and%develop systemic recommendations. Cityaf Seal Beach • rRTS77070.2021 Kimley>»Horn•ig v st PROPOSAL FOO A; , ' Lobal Roadway.Safety Plart (!-RSP), (� �f i I Deliverables: • Data request list GIS data of roadway and intersections and other variables • Data inventory sheet Task 4.2 Crash Database Kimley-Horn will work with the City to gather crash data for the most recent five years(,January 1,2016 to December 31,2020)in GIS.The data will be cross-checked with Statewide Integrated Traffic Records System(SWI RS)and TIMS for quality control and quality assurance(OC/OA).This dataset will be joined with contextual data proposed in Task 4.1.The data will allow insight into trends and will be used to better mitigate the natural year-over- year fluctuation caused by natural randomness in collision activity.Kimley-Horn's approach is to look at all collision severity levels. Deliverable. • Citywide crash database in GIS format for 2016-2020 Task 4.3 Assessment and Analysis Kimley-Horn will use the crash data compiled to analyzc crash areas/categories in greater detail,looking for citywide trends.Specifically,we will investigate the traits of the parties involved.(age) collision types(e.g.,rear end,broadside),preceding movements,unsafe behaviors,and other contributing.factors'like time of day,weather,or alcohol influence.We will also analyze trends in contextual variables(i.e.risk factors) such as roadway speeds,average daily traffic'(ADL functional class,number of travel lanes,intersection traffic controls,the presence of pedestrian and bicycle facilities,and the types of nearby land uses.Our analysis will assess how these variables may affect the safety of roadway users;with a focus on pedestrians and cyclists. While it is preferable to match risk factors to quantitative data(e.g.ADT,speed,number of lanes),the City may not have data for all risk factors.If necessary,we will adapt our analysis to identify qualitative data for those risk factors lacking quantitative data.For example,if Seal Beach does not have pedestrian volume data,our team may tag volumes as high;medium,or low in a given location. Kimley-Horn will map the crash data to provideContextfor geographical hot spots.This will serve to identify those intersections and roadway segments with a high crash history as well as high crash potential.These locations will be analyzed to determine where common risk factors are present. The data analysis and trends will be summarized in a technical memorandum that will ultimately feed into the LRSP. Deliverable. • Technical Memorandum#1 Crash.History Assessment Task 4.4 Prioritized List of Roadway Sections To focus the City's safety interventions on a subset of high risk/high-crash corridors,Kimley-Horn,in conjunction with City staff,will identify up to 5 priority project locations consisting of hot spots,subcorridors,or small zones.As part of this set,we will intend to include a mix of small and.large project types. Kimley-Horn w0I presenia draft of up to.5 priorityproject locations and the considerations that went into selecting them in a one-hour phone call with the City project team:The meeting will focus on assisting the City to finalize the set of priority project locations. Deliverables: • Map of up to 5 priority project locations • One-hour phone call with City project team Task 5 — Identify Emphasis Areas Kimley-Horn will use the research from the plans,programs,and policy review and an analysis of crash history to identify preliminary opportunity/emphasis areas in Seal Beach for both infrastructure and non-infrastructure elements.These emphasis areas could be based on geography and/or other categories(e.g.,pedestrian collisions,bicycle collisions,or distracted driving),depending on observed trends. The"4E's"of traffic safety(engineering,enforcement,education,and emergency services)will be used to guide the identification of these opportunities.We will identify a lead agency for each countermeasure and establish measurable objectives and goals for the LRSP. Deliverable. • List of proposed opportunity/emphasis areas(up to five) City ofSeal Beach • 71?ts77010z021 Kimley Morn . 19 j PROPOSAL FOR'A, �� Local Roadway Safety.Plan (LRSP] I 19 Task'S:1 Counte"rmeasurebevelopmenVditywitleaCounteemeasurefToolbox Kimley.Horn will build on the analysis completed'inTask'4,where we identified common safety risk factors in the technical memorandum, to identify proven safety mitigations that can be recommended at a site-specific and citywide,level.We will investigate effective safety countermeasures,strategies,and practices to reduce the number and severity of roadway collisions for all modes.Kimley-Horn will pair countermeasures with priority locations in an,Excel spreadsheet matrix(toolbox) The Toolbox,will identify the collision types for which each countermeasure is shown to be effective through industry research and best practice.The Toolbox will serve as a tool to link the risk factors to countermeasures,define citywide or location-specific projects or programmatic policies/programs,and illustrate the connection between identified deficiencies and corresponding opportunities(i.e.,countermeasures)in the City's transportation network. Based on the findirgs,Kimley-Horn will develop.a targeted list of potential engineering safety countermeasures for the City to consider for implementation.City staff will provide guidance on selecting up to 20 countermeasures from the list that would be most viable in the local context,based on countermeasure feasibility,demonstrated collision reduction factors,cost,and other factors we can assist the City in developing. The LRSP will result in a set of data driven recommendations,coupled with input from key stakeholders representing the '4E's"of safety included in the SHSP. Deliverables: • Citywide Countermeasure Toolbox One-hour phone call with City staff to review findings • Technical Memorandum#2 countermeasures Task 6 — Evaluation and Implementation Projects will be analyzed on their potential to reduce crash activity.Projects:with the greatest and most cast-efficient crash reduction potential will be:prioritized.Short-term,medium-term,and longer-term projects will be identified based on their cost and likelihood of reducing crashes. The Kimley-HomAeam-will work with the City to develop an action plan and provide guidance for securing funding to address recommendations and achieve the goals and objectivesidentified for the LRSP. This plan will also include a program for updates to the LRSP and an analysis procedure that City staff can use to update the network screening results.These updates will help with determining the effectiveness of countermeasures that have been Implemented and with establishing new priorities as existing ones are addressed and as roadway conditions and driver expectations change. Deliverable. • Project Priory tizatlon and Fund' ing PlPriortizatlon and Fund 'ing Plan/LRSP Program Implementation Guide Task 7 — Development of Final'Local Roadway Safety Plan Kimley-Horn will develop draft LRSP.based on the findings from the work conducted under Task 1 through Task 6.The Draft Plan will present identified and existing safety conditions,collision patterns,prioritized project locations,and a prioritized list of projects.Kimley-Horn will meet with City staff fora two-hourmeeting,to review staff feedback on the draft LRSP.We will provide the Draft Plan in advance of the meeting. Feedback froin;the City and safety partners/stakeholders will be incorporated into a final LRSP.Kimley-Horn along with City staff will as they take the lead on plan adoption and present the Final LRSP to City Council. Deliverables: • Electronic and PDF copy of the Draft and Final LRSP • Files and data collected for or used for development of the LRSP • Electronic Executive Summary presentation document • Presentation to City Council clry of Seal aeach . TW77010.20z7 Kimley»)Horn .20 ;PROPOSAL FOR A r Local Roadway Safety Plan (LRSP) 111 5. REFERENCES Kimley-Horn has and is working with local and'state agencies to advance their safety projects and visions across California(demonstrated by the map below).Detailed descriptions of a few of our relevant recent experience,including client references,are provided on the following pages; /0 v� t , 0) COUNTY t }��,� \®lel .. .I�• •�,a�.__=� COUNTY I RSPS;, SSARPS;AND'.RSSAS o t p N6ada CountyRSSA" p Placer County RSSA , • , • . ® Marin County RSSA 7•,h 3� O San Joaquin,County SSARP ® Calaveras County RSSA ® E' ®• i ;O Stamslaus`County RSSA —u- 0,Mono'County SSARP �+Q O Monte*County RSSA Or. O Ventura County LRSP'' m'Imperial county RSSA. CITY LRSPS SSARPS AND RSSA$ m Sunnyvale SSARP QD Anaheim LRSP Q ;Santa Cruz LRSP ' 0 Rancho Cordova LRSP Goleta;SSARP m.Fastvale SSARP m Palm Desert LRSP 0 San Clemerite LRSP '® Ventura SSARP m La 0uinta SSARP Q '.Citrus HeightsIRSP Q Costa Mesa LRSP m Santa Clarila SSARP m Perris LRSP m,`Roseville LRSP ® Laiicaster'SSARP .0.Imperial Beach'LRSP S RocklirrLRSP' ;m Artesia LRSP p Moreno.ValleyiRSA/RSSA 'm !South San Francisco LRSP City of Seal Beach • 7FS17010.2021 Kimley»)Horn • 21 IMMAt�-k" PROPOSAL FORA, 'Local RoadwaySafety:Plan - City of Anaheim; Loca[Roadway Safety Plan (LRSP•),:Anaheim, CA The City of Anaheim recoved.grantfunding from Caltrans to conduct Local Roadway Safety Plan (LRSP)to help the City identify and prioritize the most effective ways to improve traffic safety,for all users,as part of a,statewide goal to reduce traffic injuries and fatalities.The LRSP addresses safety through roadway improvements,measures to modify driver behavior,;and improved emergency response.The LRSP has resulted in a set of data driven recommendations,coupled with input from key stakeholders representing the four E's of safety included in the Strategic Highway Safety-Plan:engineering,enforcement,education,and emergency services.Kimley-Horn is developing the LRSP for the City includes a customized toolbox of countermeasures that address the most common local challenges that align with statewide funding priorities. .Agency Name::City;of"Anaheim: `Project ffutcon The project,is currentlylbeing:completedion time and,wrthm budge€ Funding Source:Caltranst Client Contact:'Ralph Contreras.-Principal TrafficUd'ineerldty of Anaheim 714,765y4526 rconirer_as6nahei'm net ,P.roject'Dates:IMay 2020°to Present Froject.Cost/Size:$70k Key Staff:Jason'Melchor,;Project:Manager, Darryl dePencier ProlectsPlanner Devin Cirnaco Project Planner City of Santa Cruz, Local Roadway Safety Plan (LRSP), Santa Cruz, CA Kimley-Horn is developing a Local Road Safety Plan for the City of Santa Cruz.The plan includes an evaluation of best safety practices and common safety challenges inghe City.Our efforts included a field tour with key stakeholders while applying the necessary social distancing and safety measures.We accompanied the field'investigation with successful virtual stakeholder meetings to gather additional stakeholder input.We have also included a customized toolbox of countermeasures that address the most common local challenges that align with statewide funding priorities. Agency Name;City of SantaiCruz Project Outcome:The project was completed on time With _in budgeC, FundingrSource'Caltrans ' - Client Contact!`Claire Gallogly,Transportation Planner,Gi'yof:Santa Cruz 831_420:51'07 cgalloglyQci santa'crui:ca;us, Project Dates',May 2020 t_o Present `Project Cost/Si KeyStaff_Darryl dePencier Project Manager;Jason Melchor,Proj t:C ngineer Dev,WCiraco Project Planner Cpelsey Cooper,` ;Project Planner' I've loved working with Kimley Horn on this project. Darryl 6 DePencier is,our project manager, and has done a great job g SPEED keeping'the project moving on time and on budget.The rest of the team has also been great to work with,Their work is high quality;communication clear,and product is immediately usable.They went the extra mile in assisting us with two HSIP applications this cycle based on their draftreport, andwe would have been unable to take on the extra work of those . 'l without their help. I'd highly recommend their team." l� —CLAIRE OALLOOLY,AICP q rouR '�• ,� 3 f' - SPEED TRANSPORTATION PLANNER O City Df5eal9eaeh • 7R75770102021 KimlliHorn • 22 m PROPOSAL • p y 111 ZO al Roadway Safety Plan (LRSP) `. :. .. _ ,. � � ... a .. -- � a "•L. . ii'�l r —^� --... ���....e-rl City oflmperial'Beach, Local Roatlway'Safety Plan (LRSP), Imperial Beach, CA Kimley-Horn is providingtraffic'Safety services to prepare a LRSP,including a citywide traffic collisions analysis identifying safety issues throughout the City's load network.The overall goal of this project is to provide the City with a detailed understanding of high-risk locations for collisions and,identify engineering,education,and enforcement countermeasures that will allow the City to plan for future safety improvements for the immediate,mid-range,and long-terim.This document will provide guidance on selecting projects that will be well defined for future grant cycles.The project involves partnership with-Crossroads and detailed'crash data analysis to identify the number of collisions collision risk factors and rates,collision types and severity,crash rates and various environmental variables.Based on the findings for Imperial Beach having more frequent vulnerable user crashes(pedestrian,bicycle,motorcycle),infrastructure and non-infrastructure countermeasure recommendations to reduce the likelihood of future crashes were identified.The project also includes public outreach and involvement to get feedback from residents.The LRSP is a holistic view of traffic safety for the City of Imperial Beach to make informed decisions that are in line with data-driven findings and public input. Agency'Nari City oflmperiOBe`th, Project Outcome:Thelproject;was completed odtime;and;within budget ,_.r - Punoing;Soorce::Caltrans i , Client conticE Bric Minicilli,DirectbQflP.u6lic,Works chy'of Imperial,Beach,6191628.1359;'aminicillOmperlalbeachca gov, Project Dates;Febivary'-2020`tolPres`ent Project Cost/Siie:,$82k• i Key-Staff.DairyhdePencier,PFoject PIjnrer;,D6vin Ciria6o,,ProjectlPlannerich6lsey Cooper,•Projecf,Planner City of Goleta,Traffic Safety Study for the Systemic Safety Analysis Report Program/LRSP, Goleta, CA The City of Goleta was awarded a SSARP subsidiary grant in201 f,and selected Kimley-Horn to prepare a SSARP in 2018.The SSAR focuses on selected major corridors within the city and is informed by citywide safety performance to determine what crash patterns stand out and lend themselves to cost-effective countermeasures.She selected crash locations will be used To develop template projects that will be part of a'toolbox that the'Citycan use to simplify the process'of.identifying higher risk locations and appropriate treatments citywide.The City was recently awarded additional funding to conduct a Lbcal Roadway Safety Plan which Kimley-Horn will expand the traffic safety study to incorporate the LRSP elements Agefic',Nann&Cily of Goleta, Project Outcome:The-,p6i6ctas currentlybeing comple'teo on hmejan'dwithin!budget' fuer7mg SaurceF,Calt�a`ns Client Con6ct."James'Winslow`Seni6r;P,roject'Manager,;805 961.7577;Iwinslov @&ycfgoleta:org; PrdlectOMes."December-2018,to Present— ,.resent ' ! Project,Cost(Size rl$283k Keq;Staff -Jason`Me' chor Project Manager,p5r(yhdeP.encier Project Planner, City of Seal Beach . MTs77910.2o21 Kimley)»Horn • 23 �s 'PROPOSAL FOR A y ill) Local Roadway Safety Plan (LRSP) L. I City df`Sarita Cianta;-Cirywide Arialysis of=Pedestrian and Bicycle Collisions Systemic Safety Analysis Report Project (SSARP), Santa Clarita, CA Kimley-Horn is working with the City of Santa Clanta to conduct a bicycle and pedestrian oriented SSAR that will help the City reduce the number of injuries and fatalities while encouraging additional active transportationuse.The analysis compares Level of Traffic Stress against the existing and planned network of bicycle and pedestrian facilities,within the city and examines where injuries and fatalities align with gaps or deficiencies in the transportation network.High demand,high injury locations will be examined and diagnosed with the objective of identifying systematic improvements that would provide benefit at multiple locations that would both improve safety,and encourage more bicycling and walking in the City. Agency Name' City of SaotatClarita ProjectDutcome:The,profect;was completed on,time and within budget? Funding Source?Caltrans Client ContacCGus Pivettl;Traffic Englneer;;Cityiof,S;nta Clarltd,;Mi.286 4042,gpiGetti@`santa-clarifacom Project DateS:July 2018;bY MarchT2020; Project Cost/Size:$1,00k Key Staff:Darryl dePencier,Project PlOoer;tChelsey Cooper P.rotect,Planner, City of Perris, Local Roadway Safety Plan (LRSP), Perris, CA Kimley-Horn is assisting the City of Perris with the LRSP to help and prioritize the most effective ways to improve traffic safety for all users, as part of a statewide goal to reduce traffic injuries:and;fatalities.The LRSP will address safety through roadway improvements,measures to modify driver behavior,and improved emergency response.The LRSP will ultimately result in a set of data driven recommendations, coupled with input from key stakeholders representing:the four E's of safety included in the SHSP;engineering,enforcement,education,and emergency services. Agency,Name:City of Perris Pioject outcoriThe projecGis curreritly:being completed ondimeiandwdninibudgetY Funding Souice:Catrans: Cli`e`nt Contadti Judy Haughne'y,-Managemen6Analyst City,of.Perrls;951:94316504' Project Dates Augush2020;toVesent Proje`efCo. VSiiI $80k. Key Staff:'Darryl deRencier„Project Manager;JasonVMeldhor-Project EhgineeriDevin Cihaco+Project Planner;Chelsey Cooper, Project,Planner'' City of Seal Beach MTW0102027 Kimley»#Horn•24 Local F;;oadWav Safetv,Plan LRSP :_. Ort, City of San Cleinente;,Local'Roadway Safety'Plao(LRSP), San Clemente, CA � Kimley-Horn is developing a LRSP for the City of San Clemente.The plan will identify the trends and patterns for traffic collisions in the City and will include a i customized toolbox of countermeasures that address the most common local challenges that align with statewide . funding pnonties pp r �� rsr ti • ,.� y fad � d-" �- r AgencyName.Cdyof San Clemente * P 1 'g, ,~ Project Outcome:The project is cuir rrently,6ong completed on timeand within budget Funding source9Cei trans �} e� ClientCornact Nestor Mangofig Senior Civil Engineer; ° . City ofSan.Clemente 94963101`14 MangohigN@son clemente.org; Project Dates:April 202) to Ongoing I ® „ Pra ect CostlSizei$58k i Key:Staff.Darry66eP.encier;Project Manager,,Mike Colky,Pnnci'pal=in-Chargel.-Jeah,Fares,;OC/O9 Manager;Jason Melchor,Projeci:Engineer Chelsey�CooperProject-Planner' City of Costa Mesa, Local Road Safety Plan (LRSP), Costa Mesa, CA Kimley-Horn Is working with the City of Costa Mesa to enhance the roadway safety and identify factors contributing most to local traffic crashes and better position the City for safety,funding from state and federal grant programs.The goal of this LRSP is to develop countermeasures that can be systemically implemented to reduce the risk of crashes on City streets.The LRSP will identify the factors associated with the most vehicle crashes particular to the City and will identify matching countermeasures to reduce or eliminate those crashes. •AgencyNarne:City of'CostaMesa P,,ioject Outcome:Tne;projectdis currently being completed on time and within budget: 17,64 n g.Source:,Caltrans ClieotContact:Jennifer`-'Rosales`;,Transportation, ervices Manager°City,!ofiCosta Me_sa,714 754:5000 jennifer.rosale_s@ costamesaca:gov, f Project'Dates:!Apn l 202d,to`Ongoing Projecb,CosllSize:,$80k Key Staff>OarryliddPencier,,Project,PlannerTDevin-Ciriaco,,Project Planner cityotseaiaeach • mrsnoiaznzr Kimley>»Horn. 25 PROPOSAL FOR A: J Local Roadway Safety Plan (LRSP) Ip 6.1XICEPTIONS Kimley-Horn has reviewed the sample;Professional Services Agreement and would like to discuss the following modifications with the City: ARTICLE XXXIV INDEMNIFICATION,HOLD HARMLESS AND DUTY TO DEFEND B.Indemnity for Design Professional Services.With respect to any work or other Services performed by a"design professional"as defined in.California Civil Code§2782.8,and to the fullest extent permitted by law,CONSULTANT shall,at its sole cost and expense,indemnify and hold harmless CITY and the other(Indemnitees(as defined in Paragraph(A)of this Article XXXIIV,above),from and against any and all claims, demands,bid protests,proposal protests,suits,actions,proceedings,liabilities,damages,fines,penalties,losses of any nature whatsoever, including fees of accountants and other professionals,and all casts associated therewith,and reimbursement of attorneys'fees and other related and costs of defense,including but without limitation',disbursements,court costs and costs of professionals and experts, whether.,actual,alleged or threatened(collectively'LIABILITIES").where to the extent the same arise out at,pertain to,or relate to,or are connected with,H-whele-eFir+� ,the negligence recklessness,or willful misconduct of CONSULTANT and/or its officers,directors,agents, servants employees,subconsultants,subcontractors,contractors or theirofficers,directors,agents;servants or employees(or any entity or individual that CONSULTANT shall bear the legal liability thereof)in the performance.of design professional services under this Agreement. Notwithstanding the foregoing and as required by Civil Code§2782.8(a),in no event shall the cost to defend the Indemnitees that is charged to CONSULTANT exceed CONSULTANT 's proportionate percentage of fault. i a : i ��� z � I .� �� .'�"' ^p�•q� X ti�. / � 1 __ � '�t �Ft �� I!j` I [ .,I til '� [ .� ® '9 t+(',•, f �. '^t 9`�` -.)—'�'�—�• CACH AuD:M INIS�T RATaON �1 I;C. C[Tr Of. SLAL rr li^F,yr `_.j,, ` I . City of seal Beach • rh-Ts7x010202i Kimley>))Horn.26 PROPOSAL FOR A; 1 T � i Local Roadway!Safety Plan (LRSP) I� 77 7. FEE PROPOSAL• ' ' ' Per the RFP's requirements,we have included our fee proposal in a separate,sealed envelope. r � � I p { 51 fa i a -may a cityo+sealBeach • iers77010.20:1 Kin ley>»Horn•zi n n m ry le � e ry a m n n m m m n m m m a ry m la o o n d o o m .y o o .y Ya C m Ip N N N Of T m m n m N Ih (!1 m ri V O N m a 'ri •p O V a i vl YO V1 rl m lO M m N m M n N n O O n N m m m Q. h n m N tp V O m t° 'm O N Vl O m Ib O n n m N 1 n rl I'1 n q� 1D r-1 m V1 N N fll N •-i Of N ti .ti .ti N ri n vl N N "- m 'm' ''�^e.� N N H N U R N V T N V�V 1 V� N H N V} V! N N N_ N N N ✓,� � y�L�Y I N N yy. W .Q N H rW-I 71� li I^I m •Iyl N �'. m N m Q a m a N ti a 'N N N a ,N.I ti �m a a ti a P � i� 5 kNl 'O SNI M 1"� rrr r♦ IIYUII _. Y�1 ,N. moa. Yu u n w N m a m N Ip N a N N .Y m �'+ ti W W m N f-I N P •� P P d M LU IL S W •-- - •; 1 yq0 w 'I. Irl E Y1 N EI cli LL -U.0 � rymj ti N m m Ip N a N .-� a M N N N r+ a n •+ .+ P M � � l Z m z O a O. Iq '0 F { V 9 O.iLLy11 �O1{ to N ° I i U � 1 W `v �E t2 '..I LL E E �,m a ''° c z° m o m z m a+ o 0 o v v °3' W a o q •e u° o v a O O rvl $ d. � N n e a m r �•i In m m H .. ,+ F.. ry N �. m �+i '� o' v. v d P 'F. ui ip �'. e F n ''• � tre U j I [ Local AssistanceProcedures Manual EXHBIT 10-H1 Cost Proposal Exhibit to-Hl Cost Proposal Cost-Plus-Fixed Fee or.Lump Sum or Firm Fixed Price Contracts (Design; Engineering and Environmental Studies) Noce:stark-ups are Net Allowed ❑' Prime Consultant ❑ Subconsultant ❑2nd Tier Subconsultant Consultant Kimlcv-Horn and Associates. Inc. Project No. Contract No. Date 4/6/2021 DIRECT LABOR Classification/Title Name Hours Actual llourIv Rate Total Project Manager Jason Melchor 35 $73.50 $ 2.572.50 QA/QC MikeCole.y 4 $91.92 $ 36768 Princi al-in-Char-e Jean Fares 1 $97.97 $ 97.97 Sr..Professional TBD 46 $75.76 $ 3,484.96 Professional TBD 62 $53,84 $ 3.586.08 Analyst TBD 126 $39.67 $ 4.998.42 Project Support TBD 6- $36.99 $ 221.94 LABOR COSTS a).Subtotal Direct Labor Costs $ 15,329.55 b)Anticipated Salary Increases(sec AntiepaledSalary Increases page for calculation) $ - c)TOTAL DIRECT LABOR COSTS [(a)+(b)] $ 15,329.55 INDIRECT COSTS (1) Fringe Benefits (Rate: 0.00% _) c)Total Fringe Benefits[(c)x(d)] S 0 FCCM (Rate: 0.61% ) g) FCCM [(c)x(f) $ 93.51 h)Overhead (Rate: 194.64% ) i)Overhead [(c)x(h)] $ 29.837.44 j)TOTAL INDIRETCOSTS [(e)+(g)+(i)] $ 29,930.95 FIXED FEE k)TOTAL FIXED FEE [(c)+(e) (i)" fixed fee 10% ] $ 4,516.70 1),CONSULTANT'S:OTHER DIRECT COSTS(ODC) -ITEMIZE Description of Item Qua Unit Unit Cost Total Travel/Mileage $0.00 $ 100.00 $0.00 $ - 1)TOTAL OTHER DIRECT COSTS $ 100,00 m).SLIBCONSULTANTS' COSTS Subconsultant 1: $ (m)-TOTAL SUBCONSULTANS'COSTS $ - (n)TOTALOTHER DIRECT"COSTS INCLUDING SUBCONSULTANTS [(1)+(m)] S 100.00 TOTAL COST[(c)+0)+(k)+(n)j S 49,877.19 i i Page 1 of 3 January 2020 Local Assistance Procedures Manual EXHBIT 10-H1 Cost Proposal Exhibit 10-Hl Cost Proposal Actual Cost-Plus;Fiired Fee or Lump Sum or Firm Fixed Price Contracts (Calculations for Anticipated Salary Increases) 1.;Calculateaveragehourly.rate.for Ist year of the contract(Direct Labor Subtotal divided by total hours) Direct Labor Total Hours Subtotal per Cost Avg Hourly 5 Year per Cost Proposal Rate Contract Duration Proposal $ 15,329.55 / 280 = $54.75 Year I Avg Hourly Rate 2.Calculate hourly rate for all periods(Increase the Average hourly rate for a period by proposed escalation%) Avg Hourly Proposed Rate Escalation Year.l $54.75 + 5"/0 = $57.49 Year 2 Avg Hourly Rate Yearn $57.49 + 5% = $60.36 Year 3 Avg Hourly Rate Year3 $60.36 + 5% = $6338 Year Avg.Hourly Rate Year 4 $63.38 + 5% _ $66.55 Year 5 Avg Hourly Rate 3.Calculate estimated hours per year(Multiply estimate%each period by total h Estimated% Total Hours Completed per Cost 'Total hours Each Period Proposal per Period Year l 100.00% * 280 = 280 Estimated IIours Year 1 Year 2 0.00% * 280 = 0 Estimated Hours Year 2 Year 3 0.00°/% * .280 = 0 Estimated Hours Year 3 Year 4 0.00% * 280 = 0 Estimated Hours Year 4 Year 5 0.00% * 280 = 0 Estimated Hours Year 5 Total 100% Total = 280 4.Calculate Total Costs including Escalation(Multiply average hourly rate by the number of hours) Avg Hourly F_stimated Rate Flours (calculated (calculated Cost above) above) Per Period Year 1 $54.75 280' _ $15,329.55: Estimated flours Year I Yearn $57.49 * 0 = $0:00 Estimated Hours Year 2 Year 3 $60.36 * 0 = $0.00 Estimated IIours Year 3 Year 4 $63.38 * 0 = $0.06 Estimated Hours Year 4 Year 5 $6655 * 0 $0.00 Estimated Hours Year 5 Total Direct Labor Cost with Escalation _ $15,329.55 Direct Lab-or,Subtotal before escalation $15,329.55 Estimated total ol'Direct Labor Salary = $0.00 Transfer to Page I Period 1 =Contract inception through 6/30/22 Period 2=7/1/22.throughb130(23 Period 3 =7/1/23 through 6/30/24 Period 4=7/1/24 through 6/30/25 Period 5=7/1/25 through 6/30/26 Page 2 of 3 January 2020 Local Assistance Procedures Manual EXHBIT 10-H1 Cost Proposal Exhibit 10-H1 Cost Proposal Certification of"Direct Costs: 1,the undersigned,certify to the best of my lmowlcdgeand belief that all direct costs identified on thecostproposal(s) in I. Generally Accepted Accounting Principles(GAAP) 2. Terms and conditions of the contract 3. Title,23 United States Code:Section 112-Letting of Contracts 4. 48 Code of Federal RegulationsPart 31 -Contract Cost Principles and Procedures 5. 23 Code ofFederal ReeulationsPart 172-Procurement,Management,and Administration of 6. 48 Code of Federal Regulations Part 9904-Cost ACCOlmting Standards.Board (when applicable) All costsmust.be applied consistently and fairly to all contracts. Alldocumentation of compliance must be retained in the project-files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Prime Consultant or.SubconsultantCertifying: Name: Anthony Podegracz Q r Title*: Vice President Signature: �' _„ �Q�%�1: Date of Certification(mn>ldcUyyyy): 4/6/2021 Email: ".anthony.podegra 0kimley-hohorn.co Phone Number: 714-939-1030 Address: 1 100 W Town&Country Road, Suite 700,Orange,CA,92868 *An individual executive or financial officer of the consultant's or subconsultant's organization ata level no lower than a Vice President or a,Chief Financial Officer, or equivalent,who has authority to represent the financial information utilized to establish the cost proposal for the contract. List services the consultant is providing under the proposed contract: Engineering Services Page 3 of 3 January 2020 Local Assistance Procedures Manual Exhibit 10-K Consultant Annual Certification of Indirect Costs and Financial Management System EXID BIT 10-K CONSULTANT ANNUAL CERTIFICATION OF INDIRECT COSTS AND FINANCIAL MANAGEMENT SYSTEM (Note: If a Safe Harbor Indirect Cost Rate is approved,:this form is not required.) Consultant's Full Legal Name: Kimley-Flom and Associates, Inc. Important Consultant means the individual or consultant providing engineering and design related services as a party of a contract with a recipient or sub-recipient of Federal assistance. Therefore, the Indirect Cost Rate(s)shall not be combined with'its parent company or subsidiaries. Indirect Cost Rate: Combined Rate %OR Home Office Rate 194.64 % and Field Office Rate(if applicable) % Facilities Capital Cost of Money 0:61 "/o(if applicable) Fiscal period* 1/1/2019 to 12/31/2019 * Fiscal period is annual one year applicable accounting period that the Indirect Cost Rate was developed(not the contract period). The Indirect Cost Rate is based on the consultant's one-year applicable accounting period for which financial statements are regularly prepared by the consultant. I have reviewed the proposal to establish an Indirect Cost Rate(s)for the fiscal period as specified above and have determined to the'best of myknowWge'and belief that: • All costs included in the cost proposal;to establish the indirect costrate(s)are allowable in accordance with the cost.principles of the Federal Acquisition Regulation(FAR)48, Code of Federal Regulations(CFR), Chapter 1, Part 31(48 CFR Part 31); • The cost proposal does not include any costs which are expressly unallowable under the cost principles of 48 CFR Part 31; • The accounting,treatment,and billing of prevailing wage delta costs are consistent with our prevailing;wagepolicy as either direct labor,indirect costs, or other direct costs on all federally- funded A&E Consultant Contracts. • All known-material.transactions,or events that have occurred subsequent to year-end affecting the consultant's ownership, organization,and indirect cost rates have been disclosed as of the date of this certification. I am providing the required and applicable docmnents as instructed on.Exhibit 10-A. Financial Management System: Our labor charging,job costing, and accounting systems meet standards for financial reporting,accounting records,and internal control adequate to demonstrate that costs claimed have been incurred,appropriately accounted for,are allocable to the contract,and comply with the federal requirements as set forth in Title 23 United States Code IU.S.C.)Section 1 12(b)(2-); 4& CFR Part 31.2012(d);23 CFR, Chapter 1, Part 172.11(a)(2); and all applicable state and federal rules and regulations. Our financial management system has the following attributes: • Account numbers identifying allowable direct, indirect,and unallowable cost accounts; • Ability to accumulate and segregate allowable direct, indirect, and unallowable costs into separate cost Page I of 2 March 2018 I Local Assistance'Procedures'Manual Exhibit 10-K Consultant Annual Certification of Indirect Costs and FinancialManagementSystem accounts; • Ability to accumulate and segregate allowable direct costs by project,contract and type of cost; • Imdraial controls to maintain integrity of financial management system; • Ability to account and record costs consistently and to ensure costs billed are in compliance with FAR; • Ability to ensure and demonstrate costs billed reconcile to general ledgers andj ob costing system; and • Abilityto'ensure costs are in compliance with contract terms and federal and state requirement Cost Reimbursements on Contracts: [also understand that failure to comply with 48 CFR Part 16:301-3 or knowingly charge unallowable costs to Federal-Aid Highway Program(FAHP)contracts may result in possible penalties and sanctions as provided by the following: • Sanctions and Penalties-23 CFR Cart 172.11(c)(4) • False Claims Act-Title 31 U.S:C.Sections 3729-3733 • Statements or entries generally-Title 18 U.S.C. Section.1001 • Major Fraud Act-Title I8,U.&C.Section 1031 All A&E Information: • Total participation amount $ 193.6,M on all.State-and FAHP contracts for Architectural& Engineering services that the consultant received in the last three fiscal periods. • The number of states in which the consultant does business is 50 • Years of consultant's experience with 48 CFR Part 31 is 21 • Audit history of the consultant's current and prior years(if applicable) ® Cognizant ICR Audit ❑ Local.Gov'tICR Audit ❑ Caltrans ICR Audit ® CPA ICR Audit ❑ Federal Gov't ICR Audit 1,the undersigned, certify all of the above to the best of my knowledge and belief and that I have reviewed the Indirect Cost Rate Schedule to determine that any costs which are'expressly unallowable under the Federal cost principles have been removed and comply with Title 21U.S.C.Section 112(b)(2),48 CFR Part 31,23 CFR Part 172, and all applicable state and federal rules atidregulations. I also certify that'I understand that all documentation of compliance must be retained by the consultant I hereby acknowledge that costs that are noncompliant with the federal and state requirements are not eligible for reimbursement and must be retumed to Caltrans. Name**: nthonyPodegracz Title**: Vice President Signature; Date of Certification(mm/dd/yyyy): 04/06/2021 Email**:: anthony:pode cz@kimley-h onr. Phone.Number**' 619-234.9411 -*An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President,a Chief Financial Officer,or equivalent,who has authority to represenrthe financial infonnation used to estab Iish the indirect cost rate. Note: Bath prime and s'ubconsultamsras parties of a contract must complete their own Exhibit 10-Kfbrms. Caltrans will not process local agency's.invoices until a complete Exhibit 10-Kform is accepted and approved by Caltrans Audits and Investigations. Distribution: 1)Original-Local Agency Project File 2)Copy-Consultant 3)Copy-Caltrans Audits and Investigations Page 2 of 2 March 2018 1 PROPOSAL FOR A, Ik Local Roadway.Safety-Plan (LRSP) &'CONTRACT SIGNATORIES Jason Melchor is an authorized representative of the firm and is authorized to make legally binding commitments for Kimley-Horn.Per the Rli requirements,his signature is included below.. V 1—Z W Jason Melchor,P.E.(#65218) Project Manager/Associate "tLAY tV' 4mt . 4 �. l�rP `y .t Y t.j t � * ,''� •f�t.•�T tt � r7A,W` � h`xl' a�5�.';``1�75 �Mt`i S � ��� �4e•_ 1 a 9 n ILI �h � ���'A''fir.• 'Ip I, `t• � I ` �j l Y, 1I - _ cityor Sealgeach rnrsnoro.zozi Kimley»>Horn .28 rci)aerk PROPO6ALFORA: I ff � Local Roadway Safety. Plan,(LR-SP) -I S. 1 . , O . Kimley-Horn's Department of Industrial Relations(DIR)registration number is 1000010686. w; nr _r Contractor Information L.gel Entity Nem. KIMLLY-HORN AND ASSOCIATES,INC. Corpordtim Actio 1000010686 07101119 06/30122 765 THE CrnDRNE,SU ITE 200 ORANGE 92868 CA United Staters of America 765 THE CIFNDRIVE.SU RE 2 U ORANGE 92868 CA Unfired States of America rerolyn gregodo@kimle,hum mm G. .a Numbei(.) Legal Entity Information Corporation Number, C1616788 Federal Employment Identification Number: President Nam.: STEVEN LEFTON' Vice President Name: ENDA MELVIN Treasurer Name: DAVID MCENTEE Secretary Name:. RICHARD COOK {, CEO Name: JOHN ATZ I` S•Q t7 y Agent of Servicer Name: CT CORPORATION SYSTEM Agent of Service Mailing Address: 818 WEST SEVENTH ST 3ND FL LOS ANGELES 90017 CA United States of America —C7. 1 is A. 1 . 1 T � t 1, s. Lam- _ �� - � \`\_ •' ..a City of seal Beach - TRTS77010.202I Kimley'>)Horn-29 t= It .T to.'BUSINESS ENTITY } 11 1 1. I I 11 I •/ � •. Y ♦ ' s -.6 r.i i rf � '�YF a,�L � q+c �{� :� r, r '>�+`+�i'ti 1 1 COWPROPOSAL FORA Local Roadway Safety Plan (LRSP) Kimley-Horn and its subsidiaries have provided services in all fifty states and numerous countries. Because of the many and varied projects we have completed,we are subject to various legal proceedings from time to time and in the ordinary course of business.It is not practical to provide a completelistas part of this proposal. None of the pending matters,if decided against Kimley-Horn,would have;a material impact on-our financial statements or impair in any way our ability to serve our clients. Generally,these matters are covered by insurance, and we consider them to be without merit. Settlements related to claims are bound by confidentiality agreements,so we cannot release any information on them. If you would like to discuss our legal matters in more detail,please contact Kimley-Horn's General Counsel,Richard Cook,at 919,677.2058. No judgments have been entered against Kimley-Horn.Legal proceedings in California in the last five years are as follows: 9Tw my Maintenance Association v.Van Daele Deyelooment et al; Los Angeles County, Superior Court of the State of California; Case No 19STCV13496;filed 2019, alleged economic loss;settled; closed 2020 Famed Abad for MahimAshki-Abad Keemia'Abad and Marna Abad v US Foods et al;Alameda Co Superior Court; Case RGI 7856272,filed 2017;traffic accident;wrongful death claim; settled;closed 2019. Air Wing LLCv One Piper Ranch LLC v Cross-Complainants: San Diego County Superior Court; Case No.37-2014-00009315; filed 2016; alleged economic loss; Kimley-Horn dismissed;closed 2017, Rickey Fraley Eileen Fraley v Live NationWorldwide Inc of al San Bernardino County Superior Court; Case No. CIVDS 1707090;filed 2017; wrongful death claim; Kinney-Horn dismissed;closed 2017. Nancy Graham v City of Santa Cruz et al: Santa Cruz County Superior Court; Case No. 16GV02729, filed 2017; bicycle accident, personal injuries;settled;closed 2018. Davis S Lindley, individually and successor to David W Lindley. Maureen K Sennhauser, individually and successor to David W Lindley and Estate of David W Lindley v City of Los Angeles et al: Los,Angeles Co Superior Court,Central Dist, Case No 80576886;filed 2015; wrongful death claim; settled;closed 2016. Brenda Sherriffsv Kimley-Horn and Associates Inc et al: Santa Cruz County Superior Court', Case No. 16CV00335; filed 2016; bicycle ac- cident,personal injuriesi`settled;closed 2019. City of Seal Beach rarS770102Vr KIfj1ley>Morn • 31 za 7! I C k ?Y: :1�. `�4-,4�:i` ^�•' y-�'•IaL =.� r , n. _ 1` -nt J�„j '�` .,I• �;y'�� �i � � ,;i�..�*'�" li ' , a e .- e• e lMIYI. F� 1 i � t, L 4; �o 1 q' u Kimley»>Horn „�.: ,�� I �4 •_ 1734 f C� , r n f?,� \�riY�, 'a-rLyI iO' E Poj a E.P? _,ce,9 an 1yI 5, 4-•-� _ �p(ni g Client#:25320 KIMLHORN ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE(MM6/2102l1DDIY srznozI THIS CERTIFICATE ISIISSUED AS''A MATTER OF INFORMATION ONLYAND CONFERS NO RIGHTS UPON THE,CERTIFICATE HOLDER.THIS CERTIFICATEDOES NOTAFFIRMATIVELY OR`NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER—AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate'holder is an ADDITIONAL INSURED,:the policy(es)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,_certain policiesmay require an endorsement.A statement on thiscertificate'does not confer any rights to the certificate'holder:in ieu.of such endorsement(s). PRODUCER ICOONNTACT Jerry Noyola Greyling Ins.'Brokerage/EPIC PHONE 770=220-7699 FAX AIC No;Eat: AIC,No): '.3780 Mansell Road,Suite 370 E-MAIL er olare hn ADDRESS: ) ryno @ . Y 9 Y g•com Alpharetta, GA 30022 INSURER(S)AFFORDING COVERAGE NAIL p INSURER A:National Union Fire Ins,Co. 119445 INSURED INSURERS:Allied World Assurance Company(U.S.) 119469 Kimley-Horn and Associates, Inc. INSURER C: P New Hampshire Ins.Co. 123841 421 Fayetteville Street,Suite 600 tlo ds of London 085202 Raleigh,INC 27601 INSURER D: . Y INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: 21.22 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED.BY;THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, __ _ EXCLUSIONS AND�CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDLSUSR -POLICY EFF POLICY E%P LTR TYPE OF INSURANCE INSR MD POLICY NUMBER ININVE, YYY) (MMIODl19'YY)_ LIMITS A X COMMERCIAL GENERAL LIABILITY GL5268169 4/01/2021 04/01/202 EACH OCCURRENCE S1000000 CLAIMS-MADE 4 06CUR PREMISES Ea Eccu once) 1$500,000 X Contractual Liab MED EXP Anyono person) 1$25000 PERSONAL B ADV INJURY 1$1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s2r000,000 �Iy� PRO- POLICY 7X JECT X LOC PRODUCTS-COMPIOP AGO 152,000,000 OTHER: Ls — AUTOMOBILE LIABILITY CA4489663 4/01/2021. 04/01/2022 OMBINEDtSINGLE LIMIT 52,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Par accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ X AUTOS ONLY X_ AUTOS ONLY Per acaidenl b B �( UMBRELLA LIAB X OCCUR 03127930 4/01/2021 04/01/2022 EACH OCCURRENCE 1$5'008 DDD X EXCESS LIAR CLAIMS-MADE AGGREGATE 1$5 OOOO OOO DED Xi RFTENTION$10,000 1 s C WORKERS COMPENSATION WCO15893685 A4/01/2021 04/01/2022 X PEATUTR 0TH-I STE ft OS ( ) AND EMPLOYERS'LIABILITY YIN. I— A ANY PROPRIETOWPARTNEIUEXECUTIVE WCO 15893686(CA) 4/01/2021 04/01/2022 E.L.EACH ACCIDENT �s1000,000 OFFICER/MEMBER EXCLUDED? NIA (Mandatory,in Nin E.L.DISEASE-EA EMPLOYEEI$1,000,000 If yes describe under DESCRIPTION OF OPERATIONS below JE.L.DISEASE-POLICY LIMIT I 51,000,000 D Professional Liab B0146LDUSA2104949 410112021. 04/01/2022 Per Claim$2,000,000 Aggregate$2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS'I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re: LocalRoadwaySafety.Plan Project.ID: 1221000027;Jason Melchor.The City,its officials,officers, employees, agents,designated volunteers an&agentsserving as independent contractors serving in the role of City officials are named as Additional Insureds with respects to General&.Automobile Liability where required by written'contract.The above referenced liability policies.with the exception of workers compensationand professional liability are primary&non-contributory where required by written contract. (See Attached Descriptions) CERTIFICATE•HOLDER CANCELLATION Cit Of:Seat Beach SHOULD ANY OF:THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Public Works Department ACCORDANCE WITH THE POLICY PROVISIONS. 211 Eighth Street Seal Beach,CA 90740 AUTHORIZED REPRESENTATIVE kv ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD #S2745761/M2660308 JN0Y1 DESCRIPTIONS (Conti ' de.cfrorn;Page 9) Waiver ofSubrogation in favor of Additional Insured(s)where required by written contract&allowed by ..law.Separation of Insureds applies to the General Liability Policy. Should any of the above described policies be cancelled�by,the-issuing insurer before the expiration date thereof,30 days'written notice ;(except 10 days_for nonpayment'of:premium)will be provided to the.Certificate Holder. Umbrella Follows Form with respects to General,Automobile&Employers Liability Policies. SAGITTA 25.3'(2016103) 2 of 2 #S27457611M2660308 POLICY NUMBER: GL5268169 COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations ANY PERSON OR ORGANIZATION WHOM YOU PER THE CONTRACT OR AGREEMENT. BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II 6 Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for "bodily injury", This insurance does not apply to "bodily injury" "property damage" or "personal and advertising or "property damage" occurring after: injury" caused, in whole or in part, by: 1. All work, including materials, parts or 1.. Your acts or omissions; or equipment furnished in connection with such 2. The acts or omissions of those acting on work, on the project (other than service, your behalf; maintenance or repairs) to be performed by in the performance of your ongoing operations or on behalf of the additional. insured(s) at for the additional insured(s) at the location(s) the location of the covered operations has designated..above. been completed; or However: 2. That portion of "your work" out of which the injury or damage arises has been put to 1. The insurance afforded to such additional its intended use by any person or insured only applies to the extent permitted organization other than another contractor or by law; and subcontractor engaged in performing 2. If coverage provided to the additional operations for a principal as a part of the insured is required by a contract or same project. agreement, the .insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 10 12 19 0 Insurance Services Office, Inc., 2018 Page 1 of 2 C. With respect to the insurance afforded to these 2. Available under the applicable limits of additional insureds, the following is added to insurance; Section'lll -Limits,Of'Insurance: whichever is less. If coverage provided to the additional.insured is This endorsement shall not increase the required by a contract or agreement, the most applicable limits of insurance. we will pay on behalf of the additional insured is the amount'of insurance: 1. Requiredby the contract or agreement-; or Page 2 of 2 ® Insurance Services Office, Inc., 2018 CG 20 10 12 19 POLICY NUMBER: GL52s8169 COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or'Organization(s) Location And Description Of Completed Operations ANY PERSON OR ORGANIZATION PER THE CONTRACTOR AGREEMENT. WHOM YOU BECOME OBLIGATED TO LNCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO. Information required to complete this Schedule,,.if not shown above, will be shown in the Declarations. A. Section II — W6 Is An Insured is:,.amended to B. With respect to the Insurance afforded to these include as an additional insured the..person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III — Limits Of Insurance: with respect to liability for "bodily injury" or _ If coverage provided to the additional insured is "property damage" caused, in whole or in part, required by a contract or agreement, the most by "your work" at the location designated and we will pay on behalf of the additional insured described in the Schedule of this endorsement is the amount of insurance: performed for that additional insured and included in the "products-completed operations 1. Required by the contract or agreement; or hazard". 2. Available under the applicable limits of However: insurance; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted This endorsement shall not increase the by law;and applicable limits of insurance. 2. If coverage provided to the additional. insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 1 CG 20 37 12 19 0 Insurance Services Office, Inc., 2018 Pagel of 1